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Weekly Update Volume 31, Issue 32

11/12/2001

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


red bar graphic  CERCLA, JURISDICTION, EXHAUSTION:

The Seventh Circuit affirmed in part and dismissed in part a district court order dismissing for lack of subject matter jurisdiction residents' claim that the remediation plan for three toxic waste sites in Bloomington, Indiana, does not comply with federal or state law. The residents sought declaratory and injunctive relief and sought a temporary restraining order to prevent remediation work at one of the sites, a landfill. A federal court may not hear a citizen suit challenging a CERCLA removal or remedial action until that action is complete. In dismissing the suit, the district court found that removal and remediation activities at the landfill were planned but not yet complete. Consequently, dismissal was appropriate as to the residents' CERCLA claim regarding the landfill. The district court, however, made no factual findings as to the other two sites. The court, therefore, remanded the case for further proceedings with regard to the two sites. If, on remand, the district court finds that the case may proceed under any of the various federal theories, it should also revisit the question of the appropriateness of retaining supplemental jurisdiction over the residents' public nuisance claim against the owner of the site. The district court, however, properly dismissed the residents' state-law claims against EPA because they failed to exhaust their administrative remedies. Similarly, the residents' state-law air pollution claim against the state of Indiana was properly dismissed because the state is diligently pursuing the cleanup of the three sites. Frey v. Environmental Protection Agency, No. 00-2748 (7th Cir. Nov. 6, 2001) (13 pp.).

red bar graphic  EXXON VALDEZ OIL SPILL, PRIVATE ECONOMIC INJURY, PUNITIVE DAMAGES:

The Ninth Circuit held that commercial and native subsistence fishermen may be awarded punitive damages for economic injuries they suffered as a result of the Exxon Valdez oil spill, but the $5 billion awarded the fishermen is excessive in light of U.S. Supreme Court precedent. A class of commercial fishermen filed suit against the oil company for negligence and was awarded $19,590,257 in net compensatory damages and $5 billion in punitive damages. The oil company appealed, arguing that punitive damages were barred as a matter of law. The company's prior criminal sanction, however, does not bar the award, nor does maritime law bar punitive damages. In addition, res judicata does not apply. The punitive damages are for harming the interests of commercial fishermen, the availability of fish to native subsistence fishermen, and private land. The harm and punishment, therefore, is distinct from an earlier case in which the company was penalized for environmental harm. Further, the CWA does not preclude a private remedy for punitive or compensatory damages. Although the CWA limits the allowable civil penalty for oil spills, it does not preempt common law rights to other relief. Here, the $5 billion award vindicates only private economic and quasi-economic interests, not the public interest. Further, where a private remedy does not interfere with administrative judgments and does not conflict with the statutory scheme, a statute providing a comprehensive scheme of public remedies need not be read to preempt a preexisting common law private remedy. Had Congress intended to limit private remedies, it would have expressly said so. The $5 billion award, however, is excessive and must be reduced in light of BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), which was decided after the jury announced its verdict in this case and which establishes a guide for courts to determine if a jury award is excessive. In addition, the district court erred in granting summary judgment against claimants who suffered purely economic injury. On remand, the district court must determine whether the claimants suffering purely economic injury have allowable claims under state law. In re Exxon Valdez, No. 97-35191 et al. (9th Cir. Nov. 7, 2001) (72 pp.).

red bar graphic  COMMERCE CLAUSE, FIRST AMENDMENT, PRELIMINARY INJUNCTION:

The Second Circuit vacated a preliminary injunction barring enforcement of a Vermont labeling statute as it applies to manufacturers of mercury-containing light bulbs. The lamp manufacturing association challenging the statute failed to show a likelihood of success on the merits of its Commerce Clause and First Amendment claims. A regulation may disproportionately burden interstate commerce if it has the practical effect of requiring out-of-state commerce to be conducted at the regulating state's direction. The statute, however, does not require manufacturers to label all lamps wherever distributed. Similarly, that the manufacturers must bear some of the costs of the regulation in the form of lower profits does not cause the statute to violate the Commerce Clause. Such a burden is simply attributable to legitimate interstate regulations. Equally unavailing is the manufacturer's assertion that the statute will force them not to sell lamps in Vermont. Nor does the statute burden interstate commerce by exposing the manufacturers to the possibility of multiple, inconsistent labeling requirements imposed by other states. A state regulation might impose a disproportionate burden on interstate commerce if the regulation is in substantial conflict with a common regulatory scheme in place in other states, but no such conflict has been shown here. In addition, the association's First Amendment claim is not likely to succeed on the merits. Vermont's interest in protecting human health and the environment from mercury poisoning is a legitimate and significant public goal. By encouraging such changes in consumer behavior, the labeling requirement is rationally related to the state's goal of reducing mercury contamination. National Electrical Manufacturers Ass'n v. Sorrell, No. 99-9450 (2d Cir. Nov. 6, 2001) (23 pp.).

red bar graphic  COMMERCE CLAUSE, STANDING, ZONE OF INTERESTS:

The Third Circuit reversed a district court decision dismissing building owners' Commerce Clause claims against a waste authority for lack of standing. The building owners maintained that the authority's implementation of a waste generation fee structure effectively forces them to use the local facility to the exclusion of more affordable out-of-state options in contravention of the Commerce Clause. The district court dismissed their claim, holding that the owners' injuries did not fall within the zone of interests protected by the Commerce Clause. The U.S. Supreme Court, however, has held that the Commerce Clause is offended by ordinances that hoard solid waste, and then demand to get rid of it, for the benefit of the preferred processing facility. Here, the fee structure benefits the local facility. Moreover, the building owners are directly involved in this stream of commerce as consumers of the waste processing industry. In paying the waste generation fee, they are directly paying the costs of maintaining the preferred facility and are precluded from accessing less expensive waste processing facilities. As a result, their interests, as consumers of waste processing services, are within the zone of interests intended to be protected by the Commerce Clause. The dismissal, therefore, was reversed. Oxford Assoc. v. Waste System Authority of Montgomery County, Nos. 00-2936, -2949 (3d Cir. Nov. 7, 2001) (12 pp.).

red bar graphic  TAKINGS, INVESTMENT-BACKED EXPECTATIONS, SMCRA:

The Federal Circuit denied a mining company's petition for rehearing in light of the U.S. Supreme Court's decision in Palazzolo v. Rhode Island, 121 S. Ct. 2448 (2001), a takings case. The court previously held that the revocation of the company’s mining permit did not constitute a taking for which it is entitled to compensation. After Palazzolo, the company argued that in assessing its investment-backed expectations, it was improper for the court to assign any weight to the regulatory regime established by SMCRA. The Palazzolo Court rejected the argument that when government action regulates the use of property, a person who purchases property after the date of the regulation may never challenge the regulation under the Takings Clause. However, the Court did not suggest that the reasonable expectations of persons in a highly regulated industry are not relevant to determining whether particular regulatory action constitutes a taking. Given the highly regulated nature of the company's industry, the court's conclusion that reasonable investment-backed expectations play an important role in regulatory takings is not inconsistent with Palazzolo and other takings cases. The company also argued that the taking was categorical. However, the course of regulatory action, when viewed as a whole, did not deprive the company of all the economic value in its coal leases and, thus, did not constitute a categorical taking of the company’s property. The company was able to mine approximately 9% of what it hoped to mine had its mining permit not been suspended and ultimately revoked. Rith Energy, Inc. v. United States, No. 99-5153 (Fed. Cir. Nov. 5, 2001) (10 pp.).

red bar graphic  JUDICIAL REVIEW, CONSTITUTIONAL LAW, ARTICLE III:

The D.C. Circuit held that it lacks subject matter jurisdiction over a coalition's claims that federal agencies violated a variety of statutes, including NEPA and the National Historic Preservation Act, in approving the design and construction of a World War II Memorial on the National Mall in Washington, D.C. In May 2001, while this case was pending in district court, Congress enacted a law that exempts construction of the memorial from the possible statutory obstacles and bars judicial review of agency decisions underlying the construction. The district court, therefore, dismissed the action. On appeal, the coalition argues that the Act did not effect such a large exemption. The language of the Act and its overall structure, however, evince an unequivocal intent to cut off judicial review of all the defendant agencies' past actions regarding the memorial. Moreover, the Act does not infringe on the federal courts' judicial power under Article III. The court may still consider the Act's constitutionality, and none of the cited case law supports the coalition's view to the contrary. National Coalition to Save Our Mall v. Norton, No. 01-5290 (D.C. Cir. Nov. 6, 2001) (6 pp.).

red bar graphic  HAZARDOUS MATERIALS TRANSPORTATION ACT (HMTA), FEDERAL AVIATION ACT (FAA), RECKLESSNESS:

The Eleventh Circuit vacated a jury verdict finding an aviation repair station guilty of recklessly causing the transportation of hazardous material in air commerce. The case arose after the 1996 airplane crash in the Florida Everglades. The government argued that the repair station should be punished under a criminal penalty provision of the former FAA that makes it a crime to recklessly cause hazardous materials to be transported in violation of any regulation or requirement prescribed under the FAA. However, the regulations that the repair station was convicted of recklessly violating were not enacted under the FAA. Rather, the regulations were promulgated under the HMTA, which penalizes only willful violations of its regulations. Here, the jury did not find the repair station guilty of willfully violating HMTA regulations. Thus, because the district court improperly relied on the hazardous materials regulations as predicates for the alleged criminal activity, the repair station's convictions on the reckless counts were vacated. However, there was sufficient evidence presented to the jury on the repair station's willful failure to train. United States v. SabreTech, Inc., No. 00-14516 (11th Cir. Oct. 31, 2001) (8 pp.).

red bar graphic  CWA, AFFIRMATIVE DEFENSE, PENALTY ASSESSMENT:

The EPA Environmental Appeals Board upheld an administrative law judge's (ALJ's) finding that a city met its burden in establishing an affirmative defense under 40 C.F.R. §503.2(a), which provides a one-year compliance extension for facilities that require construction of new pollution control facilities as a means of achieving compliance, but remanded the case for the ALJ to determine whether the penalty calculation should be reassessed. The ALJ imposed a $6,000 civil penalty against the city for applying sewage sludge on agricultural land in connection with the operation of a wastewater treatment plant, and EPA appealed. To establish a defense under 40 C.F.R. §503.2(a), however, the city did not need to prove that construction of a new pollution control facility was the only means by which it could achieve compliance, nor did it have to show that it achieved immediate compliance upon completion of construction. Rather, the city only needed to show that it had an objective good faith basis for believing that construction was the appropriate strategy. Here, there is no basis for rejecting the ALJ's conclusion that this test was satisfied. Moreover, the ALJ's analysis of the city's culpability was sufficiently clear and detailed. Nevertheless, the case was remanded so that the ALJ may examine and explain whether the penalty calculation should be reassessed in light of the significant upward adjustment in the number of established violations found by the ALJ as reflected in an errata issued after the initial decision. In re City of Marshall, Minnesota, CWA Appeal No. 00-9 (EPA EAB Oct. 31, 2001) (27 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 removed the amendments to the state and federal operating permits program that were published on March 1, 2001 (66 Fed. Reg. 12872) because it received an adverse comment. 66 FR 55883 (11/5/01). 

  • EPA revised the information that must be provided on the additive composition of gasoline by the manufacturer at the time of certification under the gasoline deposit control program and clarified the requirements associated with limiting variability in additive production batches. 66 FF 55885 (11/5/01). 

  • EPA announced that it is requesting applications for essential use allowances for calendar years 2003 and 2004. 66 FR 56102 (11/6/01). 

  • EPA changed the boundary for the San Joaquin Valley serious ozone nonattainment area in California by separating out the eastern portion of Kern County into its own nonattainment area. 66 FR 56476 (11/8/01). 

red bar graphic  DRINKING WATER:



  • EPA proposed to approve a revision to portions of Texas' underground injection control program for Class III brine mining injection wells. 66 FR 56503 (11/8/01). 

  • EPA proposed to approve a revision to portions of Texas' underground injection control program for Class I, III, IV, and V injection wells. 66 FR 56496 (11/8/01). 

red bar graphic  ENERGY:



  • DOE revised the deadline date from November 5, 2001, to June 7, 2002, for all electric motor manufacturers to certify compliance to the DOE that their motors meet the applicable energy efficiency standards. 66 FR 56604 (11/9/01).

red bar graphic  HAZARDOUS WASTES & SUBSTANCES:



  • EPA entered into a proposed administrative settlement under CERCLA §122(i) concerning the PRC Patterson Superfund Removal site in Patterson, California, and including an above ground bulk storage tank in Vernalis, California. 66 FR 55939 (11/5/01). 

  • EPA entered into a second proposed administrative settlement under CERCLA §122(i) concerning the PRC Patterson Superfund Removal site in Patterson, California, and including an above ground bulk storage tank in Vernalis, California. 66 FR 55939 (11/5/01).

  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the Former Diller Battery site in Des Moines, Iowa. 66 FR 56307 (11/7/01).

  • EPA entered into a proposed administrative settlement under CERCLA in connection with the Meramec Drum site in Arnold, Missouri. 66 FR 56308 (11/7/01). 

  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the Westmoor Drive site in Kokomo, Indiana. 66 FR 56308 (11/7/01). 

red bar graphic  OCCUPATIONAL SAFETY & HEALTH:



  • OSHA proposed to revise its regulation concerning changes to approved state plans. 66 FR 56043 (11/6/01). 

red bar graphic  SMCRA PROGRAM APPROVAL:



  • OSM proposed to approve an amendment to Ohio's regulatory program under SMCRA. 66 FR 56263 (11/7/01). 

red bar graphic  TOXIC SUBSTANCES:



  • EPA announced the availability of a report entitled Sources, Emission and Exposure for Trichloroethylene (TCE) and Related Chemicals. 66 FR 56675 (11/9/01). 

red bar graphic  WATER QUALITY:



  • EPA announced the availability of a draft technical guidance for protecting and restoring wetlands and riparian areas from sources of nonpoint pollution and using vegetated treatment systems (vegetative filter strips and constructed wetlands) for controlling nonpoint source pollution. 66 FR 56106 (11/6/01).

red bar graphic  WILDLIFE:



  • FWS and the U.S. Forest Service announced temporary closure and changes in harvest limits to protect moose populations and to help the recovery of deer populations in certain public lands of Alaska. 66 FR 56610 (11/9/01).

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

THE CONGRESSlarge red bar graphic

red bar graphic  PUBLIC LAWS



  • H.R. 146 (Great Falls Historic District), which authorizes 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, was signed into law by President Bush on November 5, 2001. Pub. L. No. 107-59, 115 Stat. 407.

  • H.R. 182 (Eightmile River), which amends the Wild and Scenic Rivers Act to designate a segment of the Eightmile River in Connecticut for study for potential addition to the National Wild and Scenic Rivers System, was signed into law by President Bush on November 6, 2001. Pub. L. 107-65, 115 Stat. 484. 

  • H.R. 1000 (William Howard Taft National Historic Site), which adjusts the boundary of the William Howard Taft National Historic Site in Ohio and authorizes an exchange of land in connection with the historic site, was signed into law by President Bush on November 5, 2001. Pub. L. No. 107-60, 115 Stat. 408.

  • H.R. 2217 (appropriations, DOI), which makes appropriations for the DOI and related agencies for the 2002 fiscal year, was signed into law by President Bush on November 5, 2001. Pub. L. No. 107-63, 114 Stat. 414.

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. S. 10055 (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



  • H.R. 1230 (Detroit River International Wildlife Refuge) was reported by the House Committee on Resources. H. Rep. No. 107-270, 147 Cong. Rec. H7722 (daily ed. Nov. 5, 2001). The bill would provide for the establishment of the Detroit River International Wildlife Refuge in Michigan.

  • H.R. 2488 (Pilot Range lands) was reported by the House Committee on Resources. H. Rep. No. 107-269, 147 Cong. Rec. H7722 (daily ed. Nov. 5, 2001). The bill would designate certain lands in the Pilot Range in Utah as wilderness.

red bar graphic   BILLS INTRODUCED



  • S. 1609 (Kerry, D-Mass. ) (national historic trails) would amend the National Trails System Act to direct the Secretary of the Interior to conduct a study on the feasibility of designating the Metacomet-Monadnock-Mattabesett Trail extending through western Massachusetts and central Connecticut as a national historic trail. 147 Cong. Rec. S11362 (daily ed. Nov. 1, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1614 (Sessions, R-Ala.) (historic preservation) would provide for the preservation and restoration of historic buildings at historically women's public colleges or universities. 147 Cong. Rec. S11362 (daily ed. Nov. 1, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1628 (Harkin, D-Iowa) (agriculture) would strengthen the safety net for agricultural producers, would enhance resource conservation and rural development, would provide for farm credit, and agricultural research, nutrition, and related programs, and would ensure consumers abundant food and fiber. 147 Cong. Rec. S11413 (daily ed. Nov. 2, 2001). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.

  • S. 1633 (Collins, R-Me.) (forestry) would amend the Cooperative Forestry Assistance Act of 1978 to establish a program to provide assistance to states and nonprofit organizations to preserve suburban open space and contain suburban sprawl. 147 Cong. Rec. S11437 (daily ed. Nov. 5, 2001). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.

  • S. 1638 (Bond, R-Mo.) (French Colonial Heritage Area) would authorize the Secretary of the Interior to study the suitability and feasibility of designating the French Colonial Heritage Area in Missouri as a unit of the National Park System. 147 Cong. Rec. S11488 (daily ed. Nov. 6, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1642 (Enzi, R-Wyo.) (mining) would open certain withdrawn land in Big Horn County Wyoming, to locatable mineral development for bentonite mining. 147 Cong. Rec. S11488 (daily ed. Nov. 6, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1649 (Cantwell, D-Wash.) (Vancouver National Historic Reserve) would amend the Omnibus Parks and Public Lands Management Act of 1996 to increase the authorization of appropriations for the Vancouver National Historic Reserve and for the preservation of Vancouver Barracks. 147 Cong. Rec. S11549 (daily ed. Nov. 7, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1657 (Snowe, R-Me.) (navigation projects) would deauthorize the project for navigation in Tenants Harbor, Maine. 147 Cong. Rec. S11611 (daily ed. Nov. 9, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 1667 (Domenici, R-N.M.) (nuclear energy) would ensure that nuclear energy continues to contribute to the supply of electricity in the United States. 147 Cong. Rec. S11612 (daily ed. Nov. 9, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1669 (Hollings, D-S.C.) (appropriations; hazardous materials transport) would authorize appropriations for hazardous material transportation safety. 147 Cong. Rec. S11612 (daily ed. Nov. 9, 2001). The bill was referred to the Committee on Commerce, Science, and Transportation. 

  • H.R. 3208 (Calvert, R-Cal.) (water resources) would authorize funding through the Secretary of the Interior for the implementation of a comprehensive program in California to achieve increased water yield and environmental benefits, as well as improved water system reliability, water quality, water use efficiency, watershed management, water transfers, and levee protection. 147 Cong. Rec. H7717 (Nov. 11, 2001). The bill was referred to the Committees on Resources, and Transportation and Infrastructure.

  • H.R. 3213 (Acevedo-Vila, D-P.R.) (water resources) would authorize the Secretary of Agriculture to acquire and manage lands in the Commonwealth of Puerto Rico to provide for the protection of critical aquifers and watersheds that serve as a principal water supply for Puerto Rico. 147 Cong. Rec. H7718 (daily ed. Nov. 1, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 3223 (Udall, D-N.M.) (water resources) would authorize the Secretary of the Interior, through the Bureau of Reclamation, to construct the Jicarilla Apache Nation Municipal Water Delivery and Wastewater Collection Systems in New Mexico. 147 Cong. Rec. H7718 (daily ed. Nov. 1, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 3224 (Wilson, R-N.M.) (SDWA) would amend the SDWA to establish a program to provide assistance to small communities for use in carrying out projects and activities necessary to achieve or maintain compliance with drinking water standards. 147 Cong. Rec. H7718 (daily ed. Nov. 1, 2001). The bill was referred to the Committee on Energy and Commerce. 

  • H.R. 3227 (Jackson-Lee, D-Tex.) (SDWA) would amend the SDWA to provide for research on methods to combat biological contamination of public drinking water supplies. 147 Cong. Rec. H7718 (daily ed. Nov. 1, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 3258 (Cubin, R-Wyo.) (FLPMA) would amend FLPMA to clarify the method by which the Secretary of the Interior and the Secretary of Agriculture determine the fair market value of rights-of-way granted, issued, or renewed under such Act to prevent unreasonable increases in certain costs in connection with the deployment of communications and other critical infrastructure. 147 Cong. Rec. H7959 (daily ed. Nov. 9, 2001). The bill was referred to the Committee on Resources.

  • H.R. 3259 (McInnis, R-Colo.) (ESA) would amend the ESA to authorize federal agencies to promptly respond to emergencies involving the health and safety of persons, in the same manner as such authority is available under the Wilderness Act. 147 Cong. Rec. H7959 (daily ed. Nov. 9, 2001). The bill was referred to the Committee on Resources.

  • H.R. 3260 (Moran, D-Va.) (Plant Protection Act; noxious weeds) would amend the Plant Protection Act to authorize the Secretary of Agriculture to carry out a cost-share program with the states for the control of noxious weeds. 147 Cong. Rec. H7959 (daily ed. Nov. 9, 2001). The bill was referred to the Committee on Agriculture.

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

IN THE STATES
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red bar graphic ALABAMA


Department of Envtl. Management


Proposed Permanent Regulations-Solid Waste Management 



  • Revisions to the Division 13 Code are being proposed to permanently incorporate adopt Phase I and Phase II of the State Solid Waste Management Plan into the Division 13 regulations. Phase I of the state Solid Waste Management Plan was submitted to ADEM on Nov. 10, 1989, and Phase II was submitted to ADEM on Apr. 19, 1991. Code of Alabama 1975, §§22-27-40 et seq. requires ADEM to adopt the state Solid Waste Management Plan as a regulation. The purpose of this rulemaking will be to adopt as a regulation all parts of the state Solid Waste Management Plan that ADEM has statutory authority to regulate. The proposed rule also requires counties and some municipalities to revise their local solid waste management plans and requires ADEM to revise the state Solid Waste Management Plan every 10 years. Hearing Dec. 17; comments due Dec. 18. See http://www.adem.state.al.us/EduInfo/Calendar/hearings/10div13.htm and http://www.adem.state.al.us/RegsPermit/PropRules/proprule.htm 

Proposed Regulations-Air Quality



  • Revisions to the Division 3 Code are being proposed to incorporate by reference changes to the new source performance standards (NSPS) and NESHAPs from Apr. 10, 2000, to Aug. 27, 2001, inclusive. The Consolidated Federal Air Rule (CAR) is being proposed to be incorporated by reference into the Air Code as Chapter 335-3-11A. Other key revisions include the state plan required under §§111(d) and 129 of the federal CAA, which will incorporate the Emission Guidelines for Existing Commercial and Industrial Solid Waste Incinerator Units into Chapter 335-3-3; correction of a numbering inconsistency in Chapter 335-3-14; correction of a citation error in Chapter 335-3-16; and Chapter 335-3-18 is being revised to incorporate by reference changes to the federal acid rain regulations pertaining to the removal of the industrial utility units exemption and also a revision to a definition. The Municipal Solid Waste Landfill Gas Emissions (MSWLF) regulations are being revised in Chapter 335-3-19. Also, Appendix G is being revised to amend the definition of glycol ethers. Chapters 335-3-10 (NSPS), 335-3-11 (NESHAPs), 335-3-11A (CAR), 335-3-16 (major source operating permits), 335-3-18 (acid rain), and 335-3-19 (MSWLFs) are not considered as a part of the federally enforceable SIP. As such, any revisions to these Chapters/Rule are not proposed to be incorporated into Alabama's SIP. Hearing Dec. 5; comments due Dec. 18. See http://www.adem.state.al.us/RegsPermit/PropRules/proprule.htm 


Proposed Regulations-Water Quality



Public Notices–Permit Applications 


 



 




Jefferson County (Birmingham) Dept. of Health


Daily Air Quality Index


red bar graphic ALASKA


Department of Environmental Conservation



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.C ONSERV/dec_cal.htm#agenda 


Proposed Regulations-Air Quality



red bar graphic  ARIZONA



Department 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 U.S. 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 

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 

Safe Drinking Water Workshops Announced



Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements


red bar graphic ARKANSAS


Department of Environmental Quality


Proposed Regulations-Water Quality




  • Public hearing at Magnolia Nov. 29 to receive comments on a third-party proposal by Albemarle Corporation to change the Arkansas Water Quality Standards (PC&E Commission Regulation No. 2) for two streams affected by Albemarle's wastewater discharge. The hearing will begin at 7:00 p.m. in Room 208 of the Business-Agribusiness Building on the campus of Southern Arkansas University at 100 Military Lane. Albemarle operates a bromine extraction facility, commonly referred to as the "West Plant," off U.S. Highway 371 about three miles west of Magnolia. The facility discharges wastewater to Dismukes Branch of Big Creek. The discharge consists of stormwater runoff, non-contact cooling water, treated sanitary wastewater, and boiler blow down from an artificial wetlands constructed as part of the plant's treatment system. Dismukes Branch of Big Creek flows into Big Creek, which, in turn, flows into Dorcheat Bayou. Regulation No. 2 designates both Dismukes Branch of Big Creek and Big Creek for domestic drinking water supply use, although neither stream currently is being used as a drinking water source. The Albemarle petition seeks to remove the domestic drinking water supply designation from Dismukes Branch of Big Creek, and from Big Creek, beginning with its confluence with Dismukes Branch and continuing to its confluence with Dorcheat Bayou. In addition, the petition seeks to change the current water quality standards for chlorides and total dissolved solids (TDS) for both streams. Under the proposal, the chloride standard in Dismukes Branch would be increased from 14 milligrams per liter (mg/l) to 26 mg/l, and the chloride standard for Big Creek would increase from 14 mg/l to 20 mg/l. The TDS standard in Dismukes Branch would increase from 123 mg/l to 157 mg/l, and the TDS standard for Big Creek would increase from 123 mg/l to 200 mg/l.


Proposed Penalty Assessments




  • Comments due Nov. 10. CONSENT ADMINISTRATIVE ORDERS: Al Richards (Alrite Septic Tank Service), Alexander Water Division, $2,000 penalty; 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. 


Permit Hearing-Proposed Landfill Expansion




  • Application from the City of Fort Smith to evaluate a site for possible expansion of its Class 1 landfill, as well as creation of a Class 4 landfill and a yard waste composting facility. The intended expansion of the Class 1 landfill would accept nonhazardous municipal solid waste; the expansion to the Class 4 landfill would accept nonhazardous construction, demolition and other inert material; and the yard waste compost facility would process vegetative waste. The proposed 400-acre expansion site is located adjacent to the existing city landfill at 5900 Commerce Road. Hearing Nov. 27 in Forth Smith. 

red bar graphic CALIFORNIA


Air Resources Board


Nov. 15 Board Meeting Agenda



Air Board Approves Bay Area Ozone Plan



  • The new plan will cut 271 tons-per-day of smog-forming emissions from the Bay Area's air by 2006. The ARB refused to approve a similar plan on July 26 after testimony by community groups raised concerns about the amount of public comment that went into the original plan's makeup. Since July, Bay Area air quality officials have held six local meetings throughout the region to allow concerned citizens to comment on the plan's development. As a result of those meetings, Bay Area air quality and transportation officials agreed to add another 26 tons-per-day of hydrocarbon emission reductions, if needed, when the ongoing Central California Ozone Study (CCOS) is completed. Results from that study will provide up-to-date air quality and meteorological data, which can be used by air quality planners to best determine if more pollution control is needed and the best way to achieve added reductions. Bay Area agencies will use the CCOS data to revise their plan in 2004, with a final plan expected by April 15, 2004. Included in the plan's amendments were the following new measures, to be adopted and implemented by local agencies and are expected to cut ozone-forming emissions in the Bay Area by over 8 tons per day: 

    Rules for metal parts coatings and aqueous solvents 
    Improved architectural coatings 
    Further refinery controls on liquid storage, valves and flares 
    Transit improvements to San Francisco Airport and regional express buses 
    Expanded freeway service patrol 
    Transportation for livable communities and housing incentive program 

    The plan also contains measures adopted by the ARB, including statewide regulations for clean fuels, passenger vehicles, off-road equipment and heavy-duty trucks, vapor recovery and less polluting consumer products. See http://www.arb.ca.gov/newsrel/nr110201.htm 

Proposed Regulations-Availability of California Motor Vehicle Service Information



  • Dec. 13 public hearing. The California Clean Air Act as codified in Health and Safety Code §43105.5 directs the ARB to develop regulations that require manufacturers of 1994 and later model year passenger cars, light-duty trucks and medium-duty vehicles to make available emission-related service information to the automotive repair industry. The ARB staff is proposing regulations to implement these service information requirements, and the process for administrative review of Executive Officer determinations of noncompliance. See http://www.arb.ca.gov/regact/cmvsip/notice.htm 

45-Day Notice of Public Hearing to Consider Amendments to Title 17 of the California Code of Regulations, §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. Zero-emission vehicle (ZEV) fuel-fired heater requirements. The emission requirements for fuel-fired heaters used in ZEVs were first adopted in the original low-emission vehicle (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 partial zero-emission vehicles (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 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 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.

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. The release of the working draft of strategies identified has been delayed. The release date is uncertain. See http://www.arb.ca.gov/planning/caplan/schedule.htm 

Advanced Variance/Hearing Board Workshop



Voluntary Accelerated Vehicle Retirement Proposed Regulation Update-Draft Regulations



Ford Settles Mislabeling Case with $150,000



Department of Toxic Substances Control


Final Regulations-Administrative Penalty Standards



Proposed Regulations-Permit Modification Applicability



Proposed Regulations-Mercury-Containing Waste



Emergency Regulations-Cathode Ray Tubes



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. Approved by the Board, but not yet by the Office of Administrative Law (OAL). 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. 12. A public hearing will be held Dec. 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. Comments due Nov. 27; public hearing Dec. 11. 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


State Water Board to Consider Adoption of Proposed 2001 Strategic Plan at Nov. 15 Board Meeting



Proposed Regulations-Water Quality Enforcement Policy





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


Results of the Third Round Pilot Random Selection of the Chemicals Eligible for Prioritization for Consideration of Carcinogenicity Evaluation



Prioritizing Chemicals for Consideration as Carcinogens Under Proposition 65 by the "State's Qualified Experts": Third Round Random Selection



Notice of Intent to List Chemical: Naphthalene



Prioritization of Toxic Air Contaminants-Children's Environmental Health Protection Act-Final Draft



South Coast Air Quality Management District (SCAQMD)


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 

red bar graphic COLORADO


Air Quality Control Commission


Rulemaking Hearings



Water Quality Control Commission


Nov. 13 Hearing Agenda



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


Department of Envtl. Protection


2001 Public Acts Affecting the Environment



Permit Hearings-Calendar


red bar graphic DELAWARE


Department of Nat. Resources and Envtl. Control


Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Department of Environmental Protection



Air Quality-Jacksonville Ozone Air Quality Maintenance Plan Update



Air Quality-Small MWC Units & Commercial/Industrial Solid Waste Incinerators-Adoption by Reference of EPA Rules for §111(d) State Plan



Air Quality-Permit Processing Update-Title V, Part 3, Chapter 62-210, 62-213, and 62-214, F.A.C.



Air Quality-Title V Permitting Rule Development Workshop



  • Nov. 14,  9:00 a.m. Conference Room A, First Floor, Douglas Building, 3900 Commonwealth Boulevard, Tallahassee. This workshop will cover proposed amendments to sections of Florida Administrative Code Rules 62-210, 62-213, and 62-214, previously noticed for a workshop that was held  Sept. 26. Among the topics to be discussed are updates to the application for air permit form for Title V sources (DEP Form No. 62-210.900(1)), allowing more than one responsible official to be designated for each Title V source, and amendments to the statement of compliance form (DEP Form No. 62-213.900(7)). A copy of the agenda may be obtained by contacting: Ms. Sandy Ladner, Department of Environmental Protection, 2600 Blair Stone Road, Mail Station #5500, Tallahassee, Florida 32399-2400, (850) 921-9551.

Air Quality Regulations-Rule Development Update



Everglades Forever Act Implementation



  • Public meeting on rule development for the establishment of a phosphorus water quality criterion for the Everglades Protection Area pursuant to the Everglades Forever Act:  Nov. 13 at  9:00 a.m. Crown Plaza Hotels and Resorts, 1601 Belvedere Road, West Palm Beach, FL, (561) 689-6400. 

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 of 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 graphic GEORGIA


Department of Natural Resources, Envtl. Protection Division


Proposed NPDES Permits



 



  • NPDES PERMIT REISSUANCE

    BRYAN COUNTY


    City of Pembroke, Post Office Box 130, Pembroke, Georgia 31321, NPDES Permit No. GA0033588, for the water pollution control plant located on South Industrial Boulevard in Pembroke, Georgia. 0.15 MGD of treated wastewater is discharged to an unnamed tributary to Mill Creek tributary to the Ogeechee River in the Ogeechee River Basin.


    BURKE COUNTY


    City of Midville, Post Office Box 234, Midville, Georgia 30441, NPDES Permit No. GA0020028, for the water pollution control plant located on Madison Street in Midville. 0.167 MGD of treated wastewater is discharged to the Ogeechee River in the Ogeechee River Basin.


    CHATHAM COUNTY


    Engelhard Corporation, Savannah Operations, 1800 E. President Street, Savannah, Georgia 31404, NPDES Permit No. GA0048330. One existing discharge enters the Savannah River.


    CHEROKEE COUNTY


    Cherokee County Board of Education, 110 Academy Street, Canton, Georgia 30114, for its: NPDES Permit No. GA0034959, Mountainbrook Center Water Pollution Control Plant located on Highway 140 in Waleska. 0.006 MGD of treated wastewater is discharged to an unnamed tributary to Moore’s Creek in the Coosa River Basin. NPDES Permit No. GA0034185, Free Home Elementary School Water Pollution Control Plant located on Highway 20, East & 372 in Free Home. 0.0105 MGD of treated wastewater is discharged to Buzzard Flapper Creek in the Coosa River Basin.


    COBB COUNTY


    Vulcan Construction Materials, L.P., Post Office Box 80730, Atlanta, Georgia 30366, NPDES Permit No. GA0000787, for an existing quarry operation located in Kennesaw, Cobb County. Three existing discharges enter Noonday Creek and a tributary of Noonday Creek in the Coosa River Basin.


    HANCOCK COUNTY


    City of Sparta, Post Office Box H, Sparta, Georgia 31087, NPDES Permit No. GA0025593, for the water pollution control plant located on Johnny Britt Road in Sparta. 0.08 MGD of treated wastewater is discharged to an unnamed tributary to Buffalo Creek tributary in the Oconee River Basin. 0.36 MGD of treated wastewater is land applied to a site in the Oconee River Basin with an upgrade to 0.8 MGD. The permit is being modified to add storage pond monitoring.


    HENRY COUNTY


    Vulcan Construction Materials, L.P.–Stockbridge Quarry, Post Office Box 80730, Atlanta, Georgia 30366, NPDES Permit No. GA0024406 for its facility located in Stockbridge. Two existing discharges enter an unnamed tributary to Little Cotton Indian Creek in the Upper Ocmulgee River Basin.


    PEACH COUNTY


    Fort Valley Utility Commission, Post Office Box 1529, Fort Valley, Georgia 31030, NPDES Permit No. GA0031046, for its water pollution control plant located at 506 Vienna Street in Fort Valley. Treated wastewater is discharged to Bay Creek tributary to Indian Creek tributary to the Ocmulgee River.


    WASHINGTON COUNTY


    Thiele Kaolin Company, Post Office Box 1056, Sandersville, Georgia 31082-1056, NPDES Permit No. GA0002453 for its existing kaolin processing facility and associated mine sites. Nine existing discharges enter tributaries of the Oconee River in the Oconee River Basin.


    NPDES PERMIT MODIFICATION


    BARTOW COUNTY


    City of Cartersville Water Department, Post Office Box 1390, Cartersville, Georgia 30120–Modification of NPDES Permit No. GA0024091, to approve a Sludge Management Plan (Sites 32-35) to land apply stabilized sewage sludge from the City’s Wastewater Treatment Plant at four agricultural sites located in Bartow County on the Tilley property on Big Pond Road, on the Wade property on Euharlee Road, SW., on the Boss property on Boss Road, SW., and on the Brown property on Brown Loop Spur.


    FLOYD COUNTY


    City of Rome Water and Sewer Department, 212 Black Bluff Road, Rome, Georgia 30161-4610– Modification of NPDES Permit No. GA0024112, to approve a Sludge Management Plan Amendment (Site 5-Biddy Braden, Site 7 Sonny Mathis and Site 10 UGA Northwest Experiment Station) to land apply stabilized sewage sludge from the City of Rome’s Black Bluff Wastewater Treatment Plant at three agricultural sites located in Floyd County on the Braden property adjacent to U.S. Hwy 411/Ga. 20, on the Mathis property adjacent to Chulio Road and on the UGA Northwest Experimental Station property.


    HALL COUNTY


    City of Flowery Branch, Georgia, 30542, NPDES Permit No. GA0031933, for the water pollution control plant located on 5572 Atlanta Hwy South. Treated wastewater is discharged to Lake Sidney Lanier in the Chattahoochee River Basin. The permit is being modified to add limitations for an urban reuse system.


    LOWNDES COUNTY


    City of Valdosta, Post Office Box 1125, Valdosta, Georgia 31603-1022 Modification of NPDES Permit No. GA0033235, to approve a Sludge Management Plan to land apply stabilized sewage sludge from the City of Valdosta’s Withlacoochee River Water Pollution Control Plant. The sludge will be applied to a 226-acre site located off of Miller Bridge and Snake Nation Road in North Lowndes County.


    SPALDING COUNTY


    Springs Industries, Inc.–Griffin Finishing Plant, Post Office Drawer E. Griffin, Georgia 30224, NPDES Permit No. GA0003409, for its facility at 349 Railroad Avenue. The proposed permit includes changes to the copper and zinc effluent limitations and requirements for Whole Effluent Toxicity (WET) testing. The State of Georgia has granted the facility a variance from chronic WET criteria. A biological stream survey will be performed in three years to asses future improvements in effluent quality. Two existing discharges enter Cabin Creek in the Ocmulgee River Basin.



Comments due Nov. 26. 


Permit Applications


red bar graphic HAWAII


Office of Envtl. Quality Control


Air Quality-Permit Applications



Environmental Impact Notices


red bar graphic IDAHO


Department of Envtl. Quality


Water Quality-Draft Permitting Guidance for Rapid Infiltration Wastewater Treatment Systems



Water Quality-Watershed Assessment




  • Under the federal CWA, DEQ is required to analyze state waters to determine whether they meet state water quality standards. Based on a recent study of the physical, chemical, and biological conditions of the Boise River and current pollution control measures, DEQ is proposing to remove Blacks, Fivemile, Tenmile, Mason, and Sand Hollow Creeks from the list of impaired water bodies. The study determined that these creeks meet state water quality standards for nutrients, sediment, and dissolved oxygen. DEQ is also proposing to develop a management plan to control sediment in Indian Creek. DEQ’s study demonstrated that Indian Creek meets state water quality standards for nutrients and dissolved oxygen, but contains excess sediment. Comments due Nov. 30. See http://www2.state.id.us/deq/news/oct22_01b.htm 


Groundwater-Draft Plan to address groundwater concerns in Twin Falls County



Outstanding Resource Waters-Petitions



Pending Permit Applications


red bar graphic ILLINOIS


Pollution Control Board (PCB)


Proposed Regulations





  • In the Matter of: Enhanced Vehicle Inspection and Maintenance (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. 


  •  In the Matter of: Site Remediation Program: Amendments to 35 Ill. Adm. Code 740; In the Matter of: Site Remediation Program 35 Ill. Adm. Code 740, and Subpart H (Public Schools)–Proposed Rule, First Notice, Opinion and Order, Nov. 1 Board meeting. 

  • In the Matter of: Amendments to Regulation of Petroleum Leaking Underground Storage Tanks: 35 Ill. Adm. Code 732–Proposed Rule, First Notice, Opinion and Order, Nov. 1 Board meeting. 

  • 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: 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 Agriculture’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 Agriculture’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 was scheduled for 10/16/01 JCAR meeting; Nov. 1 Board meeting. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/GetRepr/File-14449/html 



  • In the Matter of: SDWA Update, USEPA Amendments (Jan.1, 2001 through June 30, 2001)–The Board adopted proposal for public comment 10/4/01, Illinois Register publication 10/26/01. See http://www.ipcb.state.il.us/rules/proposal.htm 



  • 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 (Jan.1, 2001, through
    June 30, 2001). Board adopted proposal for public comment 10/4/01. See http://www.ipcb.state.il.us/rules/proposal.htm 



  • 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



Environmental Protection Agency


Pending Permit Applications


red bar graphic  INDIANA


Department of Envtl. Management


Final Regulations-Hazardous Waste



  • Adds 329 IAC 3.1-6-6 to conditionally exclude from regulation under 329 IAC 3.1 electric arc furnace dust that is treated to be nonhazardous by Heritage Environmental Services, LLC at Nucor Steel Corporation, Crawfordsville, Indiana.

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. 

  • IDEM has developed draft rule language for amendments to rule 326 IAC 8-1-2, compliance methods, applicable to dip or flow operations at miscellaneous metal coating operations regulated at 326 IAC 8-2-9.

  • IDEM has developed draft rule language for a new rule to establish control limits for commercial and industrial solid waste incinerator units for which construction commenced on or before Nov. 30, 1999.

  • IDEM has developed draft rule language, on behalf of Union Tank Car Co. in Lake County, for amendments to 326 IAC 6-1-10.1, which would establish a new emission limit for particulate matter less than or equal to ten (10) micrometers (m), or PM10, for the grit blast operation.

  • IDEM has developed draft rule language for repeal of rule 326 IAC 11-5.

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 CWA. These activities include those regulated by the U.S. Army Corps of Engineers under §404 of the CWA and by FERC, 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, Hazardous 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).

  • IDEM has developed draft rule language for amendments concerning hazardous waste staging. The amendments will address temporary staging at permitted hazardous waste treatment, storage, and disposal facilities outside of the permitted storage areas, at storage areas subject to interim status requirements and recycling facilities under 40 C.F.R. §261.6(c)(2). For the last several years, staging has been addressed by state policy. IDEM recognizes that temporary staging is a necessary activity that is not currently reflected in the state rules. Current rules that are strictly interpreted do not allow this activity without a permit. Reliance on discretionary policies complicates enforcement and leaves the regulated community vulnerable to policy shifts or implementation inconsistency. A rule provides protection for the regulated community by allowing staging, by being consistent in implementation and not requiring a permit for storage.

See http://www.IN.gov/legislative/register/November-1-2001.html 


Pending Permit Applications


red bar graphic IOWA


Environmental Protection Commission


Proposed Regulations-Hazardous Waste




  • Would amend Chapter 119, “Waste Oil,” Chapter 144, “Household Hazardous Materials,” Chapter 211, “Grants for Regional Collection Centers of Conditionally Exempt Small Quantity Generators and Household Hazardous Wastes,” and Chapter 214, “Household Hazardous Materials Program,” and would  rescind Chapter 210, “Grants for Solid Waste Comprehensive Planning,” and Chapter 212, “Loans for Waste Reduction and Recycling Projects,” Iowa Administrative Code. The rules to be amended describe limitations and programs designed to protect the public health and the environment by regulating disposal of household hazardous materials, and provide for collection of household hazardous materials, hazardous materials generated by conditionally exempt small quantity generators, and provision of educational materials to increase public awareness of household hazardous materials and proper management and disposal of such hazardous materials. Comments due Nov. 27; hearing same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB011017.html 


Proposed Regulations-Air Quality




  • The purpose of this rulemaking is to establish a definition of certain air emission units as “small units” and list those emission units as being exempt from the requirement to obtain an air construction permit. The rulemaking also establishes a definition of “indoor units” for which no air construction permits are required. The proposal is the result of a negotiated rulemaking process between DNR and representatives of the Iowa Association of Business and Industry (ABI). Hearing Nov. 26; comments due Nov. 30. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB011017.html 



  • Proposed amendments to amend Chapter 22, “Controlling Pollution,” Iowa Administrative Code. Item 1 seeks to revise the deadline for which an application for a significant modification of a Title V permit is due. Currently, subparagraph 22.105(1)“a”(4) requires an application at least 6 months prior to any planned significant modification of a Title V permit. While 40 C.F.R. Part 70 does not specifically address a deadline for significant modification application, Subpart 70.5(a)(1)(ii) states that a complete application to obtain a Title V permit or permit revision is required within 12 months after commencing operation or on or before such earlier date as the permitting authority may establish. This rulemaking seeks to change the deadline for application submittal to no later than 3 months after commencing operation of the changed source. DNR has received two requests from the regulated public that this subparagraph be revised or deleted. This rulemaking is an attempt to address concerns over permit timing issues. Three months is considered adequate time to prepare an application for modification of a Title V permit so that the permit remains consistent with current operations at the facility. Item 2 reiterates the deadline for which an application for a significant modification of a Title V permit is due. New subrule 22.113(4) is intended to make clear when the application for a significant modification is due. Hearing Nov. 15; comments due Nov. 30. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB011017.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 became 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 graphic KENTUCKY


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-Sanitary Surveys



Proposed Regulations-Concentrated Animal Feeding Operations



Proposed, Draft TMDLs


red bar graphic LOUISIANA


Department of Environmental Quality


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-USTs




  • Ch. 691, Amendment To Rules For Underground Oil Storage Facilities: Siting Restrictions For New Facilities. This rule amendment would establish restrictions on the siting of future underground oil storage tank facilities on mapped significant sand and gravel aquifers, and thereby reduce the risk of costly discharges of oil to these geologically sensitive locations and important future sources of public drinking water. The proposed amendment prohibits the siting of new underground oil storage facilities on significant sand and gravel aquifers mapped by the Maine Geological Survey. Exempt from the rule are on-site consumptive use heating oil facilities, replacement tanks and facilities and the conversion of aboveground oil storage facilities to underground facilities. Variances from the prohibition are available from the Commissioner, upon application, for sites where their potential as a future drinking water supply resource are low because of low yield or existing pollution, or only of moderate yield. New facilities on high potential public drinking water supply aquifers are prohibited. Hearing Nov. 15; comments due Nov. 27. See http://www.state.me.us/sos/cec/rcn/apa/notices/102401.htm 


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 was Nov. 1; comments due Nov. 13. See http://www.state.me.us/sos/cec/rcn/apa/notices/101001.htm 


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 was 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 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 NESHAPs 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. 

red bar graphic MARYLAND


Department of the Environment


Maryland Task Force on the Environmental Effects of Methyl Tertiary-Butyl Ether (MTBE) 



Water Supply Program (WSP)-Proposed Update of Source Water Assessment Plan



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


Draft TMDLs-Phosphorus Levels in Selected Chicopee Basin Lakes



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 


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


Department 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

  • 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.

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



Permitting Calendar (Permit Applications)



Air Quality Division Newsletter



Surface Water Quality Division Bulletin


red bar graphic MINNESOTA


Pollution Control Agency


Proposed Regulations-Solid Waste Management



  • MPCA is planning to amend parts of Minnesota Rules Chapters 7001 and 7035 that govern management of solid waste transfer facilities, demolition debris land disposal facilities, and industrial solid waste land disposal facilities. The rules will also be modified to include requirements for utilization of solid waste. Revisions will not affect standards for mixed municipal solid waste land disposal facilities or financial assurance. The current solid waste rules have been in effect since 1982. Since then, solid waste processing and management activities have changed, making parts of the rule obsolete and not as effective as they could be. Some goals of this rule revision include: Update the rule to coincide with current solid waste management practices. Eliminate rule requirements that are redundant or no longer needed. Remove loopholes in the rule that make MPCA enforcement difficult or time consuming. Streamline processes to enable MPCA staff to concentrate their efforts on areas of greatest environmental concern. A draft rule is not available for review at this time. See http://www.comm.media.state.mn.us/bookstore/stateregister/2619.pdf 

  • Tentative Schedule for Rule Revisions: Obtain input from interested parties, November 2001 through February 2002; Draft rule March 2002 through July 2002; Public notice proposed rule August 2002; Respond to comments/hold hearing if required/make revisions as needed, September 2002 through
    December 2002; Finalize rule December 2002. MPCA will host stakeholder meetings Nov. 14, 28, and 29 and Dec. 4 in Bemidji, St. Cloud, St. Paul, and Mankato. See http://www.pca.state.mn.us/waste/swrules.html#proposals 

Proposed Regulations-Air Quality



  • Planned New Rules Governing the Sale of Heavy-Duty Diesel Engines to be Codified in Minnesota Rules Chapter 7023. Comments through Nov. 23. MPCA is considering adopting rules promulgated by the state of California that require more stringent testing procedures for heavy-duty diesel engines beginning with the 2005 model year. The MPCA is considering proposing to (1) require that all heavy-duty diesel engines sold in Minnesota are certified as complying with applicable exhaust emissions standards under Title 13, section 1956.8 of the California Code of Regulations for engines manufactured in model years 2005 and 2006; and (2) establish requirements for vehicle registration and transactions for heavy-duty diesel engines in model years 2005 and 2006. On Dec. 8, 2000, the California Air Board adopted rules governing the test procedures used to certify HDDEs sold in California, beginning in model year 2005. The test procedures adopted in the CARB rules are the “Not-To-Exceed” test and the “Euro III Stationary Cycle” test. These test procedures are broader and more closely reflect actual driving conditions than the current federal test procedure for HDDEs used by U.S. EPA. The MPCA is considering adopting the CARB’s rules for model years 2005 and 2006 to close the gap between the use of new test procedures under the consent agreement and their use under EPA rules in 2007. See http://statsbox.pca.state.mn.us/pca/news/newsRelease.cfm?NR=3015&type=1 

Permit Applications, Other Notices



Minnesota 2001-2005 Nonpoint Source Management Plan



red bar graphic  MISSOURI


Department of Natural Resources


Final Regulations-Air Quality





  • 10 CSR 10-6.110 (entire state) (fees). The Department’s Air Pollution Control Program emission fee revenue has been less than expenditures since emission year 1997 (emissions during calendar year 1997 and fees payable Apr. 1, 1998 as compared to expenses for state fiscal year starting July 1, 1998). Since that time, the fund balance accumulated prior to 1997 has been used to supplement emission fee revenue. Revenues due April 1, 2001 were $500,000 less than projected in last year’s analysis. Fringe benefits cost increased more than projected last year. Last year’s projections used 26.5% as the fringe benefit rate while this year’s projections used 33.7% because of increases in health care insurance cost. The existing fund balance is rapidly being depleted. The Air Pollution Control Program had estimated that emission fees payable April 1, 2001 would be $7.4 million. Actual receipts were only $6.9 million or $500,000 less than projected. Fund projections were shared with representatives of industry in a meeting on May 30, 2001. The Air Pollution Control Program obtained input from industry and restated the financial projections from a state fiscal year basis to an emission year basis. The revised analysis was then shared with the industry group in a second meeting on June 19 and later shared with the Small Business Compliance Advisory Committee on June 28. The Air Pollution Control Program needs to transition from an emission fee supplemented by a fund balance to an emission fee sufficient to cover expenses. The options presented by the Air Pollution Control Program to the Missouri Air Conservation Commission on August 3, 2001 were raise the fee for 2001 to phase in the increase in the fee or wait and raise the fee for 2002 more dramatically. As a result of comments, the Air Pollution Control Program is recommending that the fee not be increased for emissions in calendar year 2001 but remain at $25.70 per ton for 2001. However, the department’s Air Pollution Control Program expects that the fee for calendar year 2002 will need to be significantly increased. This approach has been thoroughly covered in the fee analysis and it is industry’s preference not to phase in fee increases but to postpone any fee increase until next year. The Air Pollution Control Program will continue to work with industry and others to implement efficiencies. The Air Pollution Control Program will consider these improvements in the next fee analysis. See http://mosl.sos.state.mo.us/moreg/2001/v26n21/v26n21c.pdf 



Proposed Regulations-Air Quality




  • 10 CSR 10-5.300 Control of Emissions From Solvent Metal Cleaning (St. Louis area). The commission proposes to amend section (2) and subsection (3)(B), add new subsection (3)(C) that includes original sections (4) and (5), add new subsection (3)(D) that includes original section (6), amend sections (4) and (5), and delete sections (7) and (8). If the commission adopts this rule action, it will be submitted to U.S. EPA to replace the current rule in the Missouri SIP. This rule amendment will exempt paint spray gun cleaning except remote open top paint spray gun cleaning machines. All remote paint spray gun cleaning machines will be required to be operated per the manufacturer’s operating instructions and to be closed or covered when not in use to help eliminate fugitive emissions. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is correspondence from industry that resulted in this change. Hearing Dec. 6; comments due Dec. 13. See http://mosl.sos.state.mo.us/moreg/2001/v26n20/v26n20b.pdf 

  •  10 CSR 10-6.060 Construction Permits Required and 10-6.065. The commission proposes to amend subsection (1)(B) and amend subsection (1)(D). If the commission adopts this rule action, it will be submitted to U.S. EPA to replace the current rule in the Missouri SIP. This amendment provides an exemption for non-commercial incinerators recommended by the University of Missouri extension service for disposal of dead animals and removes the reference to asphaltic concrete plants from the applicability section of the rule. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the May 28, 2000, memorandum from the Missouri Attorney General’s Office identifying the discrepancies between state statute requirements and state permit rule requirements. Hearing Dec. 6; comments due Dec. 13. See http://mosl.sos.state.mo.us/moreg/2001/v26n20/v26n20b.pdf 


Proposed Regulations-Water Quality




  •  Aboveground Storage Tanks (ASTs), 10 CSR 20-15.010 Applicability and Definitions et seq. The Missouri Clean Water Commission is responsible for adopting rules necessary to prevent, control, and abate potential discharge of contaminants to the waters of the state. Releases of petroleum and other regulated substances from ASTs and associated piping, primarily from ASTs located at service stations, marinas, bulk plants, and fleet fueling facilities, have been documented throughout the state. While the applicable Department of Agriculture regulations focus on prevention of such releases, there are currently no specific requirements for release response measures that must be taken to protect the environment and the waters of the state. The commission has determined release response measures to be necessary because, once a release has occurred, the nature of the contaminants is such that, without appropriate release response measures, there is a substantial threat that the discharged contaminants will pollute the waters of the state. The intent of the release response measures required by the rules in this chapter is to prevent any discharged contaminants from polluting the waters of the state. This rule specifies which ASTs must comply with the technical requirements set forth in this chapter and defines specific words used in this chapter so that the meaning of these terms, and their application in the rules of this chapter, is easily understood. Hearing Nov. 28; comments due Dec. 5. See http://mosl.sos.state.mo.us/moreg/2001/v26n20/v26n20b.pdf 

  • 10 CSR 20-6.200 Storm Water Regulations. The commission proposes to amend sections (1)–(5). U.S. EPA promulgated rules effective Nov. 1999 requiring storm water permits on construction sites between one (1) and five (5) acres in size and on municipal storm water sewer systems in urbanized areas serving populations of less than one hundred thousand (100,000). The federal rule also allows for permit exemptions on industrial facilities, which protect their operations from storm water. Missouri must develop a Phase II program and issue permits within three (3) years of the final federal rule. This amendment will expand these rules to include a broader group of activities. The evidence supporting this proposed rulemaking per section 536.016, RSMo, lies in the federal rule that mandates this amendment in delegated, state storm water programs. Hearing Nov. 28; comments due Dec. 5. See http://mosl.sos.state.mo.us/moreg/2001/v26n20/v26n20b.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 was 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-USTs



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  NEW HAMPSHIRE


Department of Envtl. Services


Proposed Regulations-Air Quality




  • Proposed repeal of Env-A 1300. In accordance with RSA 125-I:5, II(a), Env-A 1300 remained in effect during a three year transition period ending in May 2001. Compliance with the new air toxics program
    in Env-A 1400 is now mandatory. Hearing Dec. 11; comments due Dec. 21. See http://www.des.state.nh.us/hearings.htm 

red bar graphic  NEW JERSEY


Department of Envtl. Protection


Proposed Regulations-Water Quality




  • New Jersey Pollutant Discharge Elimination System, N.J.A.C. 7:14A, Amendments and repeal. Hearing Nov. 13; comments due Nov. 14. The proposed repeal of N.J.A.C. 7:14A-11, Appendices A and B, will remove the text of the "basic industrial" and "construction" stormwater general permits from the NJPDES rules; however, these general permits will remain fully effective and enforceable. The proposed amendment to N.J.A.C. 7:14A-6.13(c) will establish a list, for informational purposes only, of all general permits issued under N.J.A.C. 7:14A.

    The proposed amendments to the NJPDES fee rules at N.J.A.C. 7:14A-3.1 will address minimum fees and fee calculations, and make various revisions to improve organizational structure and clarity. The proposal seeks to amend the fee rules to provide an expedited and more efficient means for adopting new or revised minimum permit fees, to improve fee equitability, to codify current Departmental practices, and to make other administrative changes. See http://www.state.nj.us/dep/dwq/rules.htm#proposals and http://www.state.nj.us/dep/rules/notices/101501a.html Hearing Nov. 13; comments due Nov. 14. 


Upcoming Proposed Regulations (Rulemaking Agenda)




  • N.J.A.C. 7:7A. Rule Title: Freshwater Wetlands Rules--Landscape Project, Takings Provisions, Water Allocation Provisions. The proposal will amend the freshwater wetlands rules to add the Landscape Project as the method of determining the size and shape of endangered species habitat and will include provisions governing the issuance of water allocation permits for projects that may drain wetlands. The proposal will also include amendments to these rules and to the coastal permit program rules required by the Appellate Division of the Superior Court in its decision in East Cape May Associates v. State of New Jersey, Department of Environmental Protection, A-1000-99T5, July 25, 2001.



  • N.J.A.C. 7:7E. Rule Title: Coastal Zone Management Rules (Readoption). Proposed readoption including various amendments related to special areas, general water areas, general land areas, use, and resource rules. Amendments are also proposed to reflect Department's current organizational structure, terminology, and definitions. Amendments are also proposed to the Coastal Permit Program rules, N.J.A.C. 7:7, which focus on notice requirements for coastal permit applications, modification requests for coastal permits, and specific coastal general permits. In addition, as part of the readoption of the 90-Day Construction Permits rules, N.J.A.C. 7:1C, the Department indicated that it would be reorganizing N.J.A.C. 7:1C to relocate certain provisions specific to the coastal permitting programs from the 90-Day Construction Permits rules to the Coastal Permit Program rules. Amendments are also proposed to the 90-Day Construction Permits rules to relocate provisions applicable to coastal permits to N.J.A.C. 7:7-10.



  • N.J.A.C. 7:26. Rule Title: Solid Waste Regulations (Readoption). Proposed readoption with amendments to update technical requirements, add conditional exemptions, and clarify certain provisions of the rules. These amendments include new regulatory exemptions, streamlined reporting requirements, and new technical standards for liquid waste transfer stations and commercial medical waste facilities. The rules will also propose the entering of voluntary covenants between sanitary landfill owner/operators and the Department under the Department's Silver and Gold Track Program for Environmental Performance.



  • N.J.A.C. 7:27-16. Rule Title: Control and Prohibition of Air Pollution By Volatile Organic Compounds (VOC). Proposal to amend VOC (RACT) rules to incorporate the Ozone Transport Commission (OTC) model rules for "Mobile Equipment Repair and Refinishing," "Solvent Cleaning Operations," "Portable Fuel Container Spillage Control," and some provisions from CARB's model rule concerning "Enhanced Vapor Recovery." These rules are intended to reduce VOC emissions. The OTC model rules are being used by the OTC states to assist them in meeting ozone attainment shortfalls. 


See http://www.state.nj.us/dep/rules/calendar.html 


Current DEP Bulletin (Permit Applications; Proposed Regulations) 


red bar graphic NEW MEXICO


Environment Department


Proposed TMDLs


 


 



 



  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-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


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. They became effective Oct. 22; a court rejected a challenge brought by a coalition of business groups (North Carolina Home Builders Ass'n v. Environmental Mgmt. Comm., No. 99-CV-11706 (Sup. Ct. Wake Co. Oct. 22, 2001). 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 CWA, 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. The litigants argued that the Commission lacks authority to regulate isolated wetlands in the absence of a statutory change or, at a minimum, a change in the wording of 15A NCAC 2B. 0202(71) (defining wetlands). 


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


Environmental Protection Agency


Proposed General Permit-Isolated Wetlands



  • Ohio EPA has proposed a new general permit regulating the discharge of dredge or fill material into isolated wetlands of the state and will take public comments at a hearing on Wednesday, Nov. 28. The public information session and public hearing will begin at 7 p.m. in the auditorium of the Ohio Department of Transportation, 1980 West Broad Street, Columbus. The public hearing will end when all interested parties have had an opportunity to provide testimony related to the draft permit. Ohio EPA is accepting comments on the draft permit through Dec. 5. House Bill 231 divides isolated wetlands applications into three levels of review. The proposed general permit covers filling category one and category two isolated wetlands where the combined total impact for a single, complete, proposed project is one-half-acre or less. The proposed permit identifies coverage limits, notification requirements, review processes, permit conditions, mitigation requirements and restrictions of an approved permit. The draft permit would be issued as a final action unless the director revises it after considering public comment. 

    The draft permit is being developed because in January 2000, the U.S. Supreme Court ruled that isolated wetlands should not be federally regulated under the Clean Water Act (SWANCC). While Ohio EPA had a permitting program in place prior to the court ruling for all wetlands, a separate Ohio permitting program had to be established for isolated wetland projects. In April, emergency rules were implemented which allowed Ohio EPA to temporarily permit these projects. In July, House Bill 231 was signed into law setting up a permanent regulatory structure. This bill set up the framework requiring the development of permits, including a general state isolated wetlands permit for projects proposing minor impacts. See http://www.epa.state.oh.us/dsw/401/401.html

Proposed Regulations-Solid Waste Management-Licensing Regulations


 



 



  • Review of the rules governing the licensing of solid waste, infectious waste, and construction and demolition debris facilities. This review is being conducted to satisfy requirements mandated by Ohio Revised Code (ORC) §119.032, which requires all state agencies to review each of their rules every five years to determine whether or not to continue the rules without change, amend the rules, or rescind the rules. The Division of Solid & Infectious Waste Management (DSIWM) has reviewed and drafted new language for the following Licensing Rules:

    3745-37-01 Solid waste facility license or infectious waste treatment facility license or construction and demolition debris facility license required.

    3745-37-02 Solid waste facility license, infectious waste treatment facility license or construction and demolition debris facility license application.

    3745-37-03 Criteria for issuing solid waste facility licenses, infectious waste treatment facility licenses, or construction and demolition debris facility licenses.

    3745-37-04 Action by board of health or director.

    3745-37-05 Expiration of licenses.

    3745-37-06 Transfer of licenses.

    3745-37-07 Procedures for granting, denying, suspending, modifying, revoking or disapproving transfer solid waste facility licenses, infectious waste treatment facility licenses or construction and demolition debris facility licenses.

    3745-37-08 Approved list of health districts.

    3745-37-09 Return of solid waste facility, infectious waste treatment facility, and construction and demolition debris facility licensing function to health districts.

    3745-37-10 Time for inspections.

    3745-37-11 Conditional solid waste disposal license.

    3745-37-14 Authorized maximum daily waste receipts. 

    3745-37-15 Additional criteria for issuing solid waste facility licenses to scrap tire facilities.

    3745-400-15 Facility license applications, modifications and exemptions. While the draft rules do include some new concepts (voluntary removal of health departments from the approved list, facility specific minimum inspection frequencies, as well as the incorporation of existing rule language from other chapters regarding mandatory closure, and statutory language regarding license fees), the majority of the existing OAC Chapter 3745-37 requirements have been retained and clarified. Comments due Nov. 29. See http://www.epa.state.oh.us/dsiwm/pages/news_pages/n_draft_lic_rules.html 

  • Review of the "miscellaneous" landfill rules listed below. This review is being conducted to satisfy requirements mandated by Ohio Revised Code (ORC) §119.032, which requires all state agencies to review each of their rules every five years to determine whether or not to continue the rules without change, amend the rules, or rescind the rules. 

    3745-27-01 Definitions.

    3745-27-02 Applicability and relation to other chapters and laws.

    3745-27-05 Authorized, limited, and prohibited solid waste disposal methods.

    3745-27-09 Sanitary landfill facility operating record and unit designation. 

    3745-27-12 Explosive gas monitoring for a sanitary landfill facility.

    3745-27-13 Authorization to engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or solid waste facility was operated.

    3745-27-69 Applicability of requirements for a scrap tire monocell facility.

    3745-29-01 Definitions.

    3745-29-02 Applicability.

    3745-30-01 Definitions.

    3745-30-02 Applicability.

    3745-30-15 Variances. Comments due Dec. 1. See http://www.epa.state.oh.us/dsiwm/pages/news_pages/n_misc_lf_rules.html 


Final Regulations-Water Quality



  • On Oct. 22, Ohio EPA adopted final rule revisions addressing the protection of aquatic life in the Ohio River drainage basin. This rulemaking updates the Ohio River drainage basin water quality criteria and values for aquatic life, making the aquatic life water quality criteria, values and development methodologies consistent statewide. See http://www.epa.state.oh.us/dsw/rules/final_orb.html  

OEPA Actions, Notices by County



Public Meetings



Pending Air Permits



Voyale Corporation to Pay $29,400 Penalty for Air Pollution Control Regulations Violations


red bar graphic  OREGON


Department of Envtl. Quality


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


Department of Envtl. Protection


Proposed Regulations-Air Quality-Proposed Revision to the State Implementation Plan for the Enhanced Vehicle Emissions Inspection/Maintenance Program



  • Revision to the State Implementation Plan (SIP) for the Enhanced Vehicle Inspection and Maintenance (I/M) Program to demonstrate the need for an extension to Jan. 1, 2003, to include onboard diagnostics (OBD) testing in the program. States must demonstrate to EPA that an extension is necessary to allow for successful implementation of OBD testing. This SIP revision describes the legal, technical, regulatory and operational constraints which has led the Commonwealth to seek an extension. Hearings Nov. 27, 28, and 29. See http://www.pabulletin.com/secure/data/vol31/31-43/1927.html 

Water Quality-Draft Comprehensive Stormwater Management Policy



  • Proposal to update the current stormwater management program, using existing authority, to improve water quality, sustain water quantity (including ground water recharge and stream base flow) and integrate upcoming
    stormwater management obligations. The draft proposal is available on the DEP website at http://www.dep.state.pa.us (''Comprehensive Stormwater Policy'') or can be obtained by contacting Stuart Gansell at (717) 783-7420, e-mail to sgansell@state.pa.us or DEP Office of Water Management, Bureau of Watershed Management, 10th Floor, Rachel Carson State Office Building, P. O. Box 8555, Harrisburg, PA 17105-8555. At the 15 water forums held throughout the Commonwealth in the spring of 2001, stormwater management was a consistent and recurring concern of citizens and municipal officials. DEP is facing challenges to its existing approach in litigation before the Environmental Hearing Board. The Commonwealth must also implement Phase II stormwater controls under the federal Clean Water Act within the next several years. DEP proposes a best management practices (BMP) approach to stormwater management that generally encourages, and sometimes requires, minimization and infiltration of stormwater flows. This approach will reduce pollutant loadings to streams, recharge groundwater tables, enhance stream base flow during times of drought and reduce the threat of flooding and stream bank erosion resulting from storm events. Permit conditions will require BMPs as the means of managing stormwater from both Phase I and Phase II construction, as well as postconstruction stormwater flows. Administratively, DEP proposes to integrate its permitting programs with stormwater management plans developed on a watershed basis under the Stormwater Management Act (Act 167). Act 167 county plans will include water quality and quantity protections implemented by municipalities within the watershed. In addition, DEP will, in appropriate circumstances, rely on these Act 167 plans to meet the NPDES permitting requirements for municipalities under the Phase II municipal stormwater permitting program. Comments accepted through Dec. 27. See http://www.pabulletin.com/secure/data/vol31/31-43/1928.html 

NPDES Permit Applications



Draft Technical Guidance


red bar graphic RHODE ISLAND


Department of Envtl. Management


Draft Environmental Equity Policy



Upcoming Events


red bar graphic SOUTH CAROLINA


Department 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/ 

  • The hearing date for the proposed permanent regulations has been postponed until Dec. 13. See http://www.lpitr.state.sc.us/regs/2646.doc (proposed rules) The amendments will: (1) establish a new Part 50 where all definitions are now found; (2) rewrite Part 100 (Swine Facilities) in its entirety which will be the separate and distinct regulation for swine facilities as required by 1996 Act No. 460, which will be the separate and distinct regulation for swine facilities as required by 1996 Act No.460, which included the Confined Swine Feeding Operations Act; (3) add new requirements to Part 100 which address a new class of large swine facilities; (4) modify Part 200 (Other Animal Facilities) and Part 300 (Innovative and Alternative technology); (5) add a new section that specifically outlines requirements for manure broker operations, as well as a section that addresses integrator registration, and a section for severability; and (6) incorporate recommendations made by a Regulation Development Committee which was organized to review the regulation for issues and concerns.

  • 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, Final 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 final standards for hazardous air pollutants for hazardous waste combustors, listing of two chlorinated aliphatics production wastewater treatment sludges (K174 and K175) including a contingent-management listing approach; increased flexibility to certain facilities that store low-level mixed radioactive and hazardous wastes; the temporary deferral of PCB treatment standards for metal contaminated soils; and revisions to the mixture and derived-from rules. 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 July 1, 2000, and June 30, 2001. The Department intends to amend R.61-79 to maintain conformity with federal requirements and ensure compliance with federal standards. No preliminary assessment report, fiscal impact statement, nor legislative review of this amendment will be required. Comments due Nov. 29. 



  • 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. Was submitted to Board Oct. 11. Comments due Nov. 29. 



  • 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. The public comment period closed after public hearing by the DHEC Board on Oct. 26, at which time the Board approved the proposed amendment for submission to the General Assembly for review. It was filed with the Legislative Council on Oct. 12.


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-Water Quality




  • The Department is proposing to amend R.61-30, as follows:


    Pursuant to S.C. Code Section 48-2-50 (1993), the Department shall charge fees for environmental programs it administers pursuant to federal and state law and regulations. R.61-30, Environmental Protection Fees, prescribes those fees applicable to applicants and holders of permits, licenses, certificates, certifications, and registrations (hereinafter, "permits") and establishes schedules for timely action on permit applications. This regulation also establishes procedures for the payment of fees, provides for the assessment of penalties for nonpayment, and establishes an appeals process to contest the calculation or applicability of the fees.


    The Department is proposing to amend R.61-30 as follows:


    (1) Raise fees for NPDES and No-Discharge permit annual fees to maintain existing staff and present turnaround times for issuing permits and general program activities. [61-30.G(1)(a)(i)-(iii)]


    (2) Raise fees for drinking water annual fees to maintain existing staff and the present level of services to the public water systems. [61-30.G(2)(a)(i)&(ii)]


    (3) Raise agricultural annual operating fees for agricultural facilities and to add a category for the large swine facilities with an appropriate fee. [61-30.G(1)(b)]


    (4) Raise agricultural annual operating fees for agricultural facilities and to add a category for the large swine facilities with an appropriate fee. [61-30.G(1)(a)(v)1&2]


    (5) Raise fees for new and expanding facilities and to add more categories of agricultural applications, e.g. upgrades and additions, for which application fees will be applicable. [61-30.G(1)(d)(i)-(vii)]


    (6) Charge a nominal fee for drinking water permit application fees based on the size and complexity of the construction project. [61-30.G(2)(c)]


    (7) Raise fees for NPDES industrial storm water and construction NPDES Storm Water Permits in order to hire additional field staff for compliance determinations. [61-30.G(1)(a)(iii) & (vi) & 61-30.G(1)(c)(v)] No hearing date has been set. 


    (9) Add a fee to cover the costs and effort of the Commercial Fixed Nuclear Facilities (FNF) program for FY03. [61-30.G (13)]


    In addition, due to numerous revisions at 61-30.G (1) and G(2) described above, stylistic changes will also be made in form and outline; these sections will be replaced in entirety.


    A Notice of Drafting for the proposed revisions was published in the State Register on July 26, 2001.


    Status: A Notice of Drafting to amend R.61-30 was published in the State Register on July 27, 2001. The drafting comment period closed Aug. 31, 2001. On Oct. 11, 2001, the DHEC Board granted staff initial approval to publish a Notice of Proposed Regulation in the State Register and to conduct a staff-information forum. The Notice, containing the text of the proposed revisions and information on how the public can comment, was published in the State Register on Oct. 26, and can be viewed at http://www.lpitr.state.sc.us/regs/2673.doc 


Proposed Regulations-Air Quality




  • Proposed Amendment of R.61-86.1, Standards of Performance for Asbestos Projects. DHEC proposes to amend R.61-86.1 to prescribe alternate procedures and fees for asbestos abatement projects and licenses. The purpose of this revision is to add fees for other special asbestos project categories. This proposed amendment is necessary to help provide adequate funding for the asbestos program. The fee schedule for asbestos abatement projects and licenses has not been updated since established in 1988. South Carolina's fee schedule will be expanded in some areas, taking into account current fees assessed by other southeastern states. DHEC is proposing to add fees for the licensing of asbestos training courses that are required for asbestos abatement personnel and for the processing and inspection of demolition projects. Legislative review will be required. A Notice of Proposed Regulation, containing the text of the proposed amendments and information on how the public can comment, was published in the State Register on Oct. 28 and can be viewed at http://www.lpitr.state.sc.us/regs/2670.doc


Final Regulations-Air Quality




  • Amendment of R.61-62, Air Pollution Control Regulations and Standards. Recent U.S. EPA amendments include clarification, guidance and technical amendments regarding New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAPS), Prevention of Significant Deterioration (PSD), and Chemical Accident Prevention. These rules and other amendments were published prior to January 1, 2001. Pursuant to S.C. Code Section 48-1-10 et seq., the Department amended R.61-62, Air Pollution Control Regulations and Standards, to incorporate these amendments. The Department also made corrections and clarifications to the regulations to improve ease of use of the regulations by the regulated community. Approved by the DHEC Board Oct. 26. See http://www.lpitr.state.sc.us/regs/2648.doc


Proposed Regulations-Solid Waste Management




  • Proposed Amendment of R.61-107.11, Solid Waste Management: Construction, Demolition, and Land-Clearing Debris Landfills. As a means of streamlining Department regulations, the proposed amendment to R.61-107.11 will rename the regulation from Construction, Demolition, and Land-clearing Debris Landfills to Inert Landfills and Structural Fill and will encompass construction, demolition, and land-clearing debris landfills, inert industrial landfills currently addressed as Class I in R.61-107.16 (and will supersede all requirements that pertain to Class I, Appendix I industrial solid waste landfills outlined in R.61-107.16) and structural fills. The proposed changes will include, but not necessarily limited to, placing more emphasis on the waste stream and less emphasis on the source of generation. Criteria will be defined for determining if a waste is inert and suitable for disposal in an Inert Landfill. The difference between "structural fill" and "beneficial fill" will be clarified. The proposed amendment will delete ambiguous language that addresses a structural fill exemption, delete Part I for short-term landfills and replace it with new language that requires registration for structural fill activity in lieu of permitting. This measure is meant to clarify the language of the regulation, to help alleviate open dumping, and to provide a viable mechanism for structural fill using a suitable waste stream. In Part II, beneficial fill will be better defined. Part III landfills will be renamed Noncommercial Inert Landfills. The provisions under Part III will be revised based on a revised definition of structural fill, and to allow a waste stream based on type of waste instead of the source of generation. Part IV landfills will be renamed Commercial Inert Landfills and will be revised to allow a waste stream based on type of waste instead of the source of generation. Changes to Part IV include the addition of demonstration-of-need requirements pursuant to R.61-107.17, and expanding transfer of ownership and financial assurance requirements to be consistent with other regulations. The Department is considering the addition of groundwater monitoring and post-closure requirements to Parts III and IV. This proposed amendment will also define "lead-based paint", maintaining consistency with other Department regulations and federal standards. In the Appendices, disposal of brown goods, segregated commercial waste, animal carcasses, and cathode ray tubes will be addressed. As appropriate throughout the regulation, procedures for determining the separation of the groundwater table and the bottom of the disposal area, permitting and reporting requirements, and criteria for noting the existence of a disposal facility on property in the record of ownership will be revised and clarified. Comments due Nov. 26. 


Permit Application Notices


red bar graphic  TENNESSEE


Department of Environment and Conservation


Nov. 13-14 Air Pollution Control Board Agenda



Proposed Regulations-Storm Water Multi-Sector General Permit for Industrial Activities



Board Meeting Agendas, Schedules



Permit Applications



Metropolitan Nashville and Davidson County Health Department, Pollution Control Division


Air Quality Data


red bar graphic  TEXAS


Natural Resource Conservation Commission


Crown Central Petroleum Corporation Fined $350,000 



Final Regulations-Micellaneous



  • TNRCC has adopted new rules to cover auto emission inspections in Dallas-Fort Worth, El Paso and Houston-Galveston regions. Commissioners approved a fee of up to a maximum of $27 for emission inspections. The rules go into effect on May 1, 2002 in Harris, Dallas, Tarrant, Collin and Denton counties. The increase, from the earlier proposal of $22.50, will help cover the costs of local inspection stations to perform the new emission testing. Local inspection stations will be allowed under the new rules to offer incentives or discounts to vehicle owners who get their vehicles tested during off-peak periods during an inspection month. When added to the required state safety inspection fee of $12.50, vehicle owners in the two target regions can expect to pay a maximum of $39.50 beginning in May, 2002. The new rules will delay the implementation of what is referred to as "on board diagnostic" (OBD) testing of vehicles in El Paso from May 1, 2002 until January 1, 2003. OBD testing is performed by directly linking a computer at the inspection station to the computer "on board" the vehicle to determine emission levels. The delay will allow staff more time to explore options and take into consideration any changes in El Paso's air quality status by U.S. EPA. Inspection stations in El Paso will be allowed to increase the total inspection fee from the current $13.00 to $14.00 beginning in May 1, 2002, but will continue to use two-speed idle emission testing methods. See http://www.tnrcc.state.tx.us/oprd/rule_lib/adoptions/01035114_ado.pdf 

  • RCRA Cluster Rules-Phase II. The rulemaking revised commission rules to conform to certain federal regulations, as part of the on-going RCRA authorization process. See http://www.tnrcc.state.tx.us/oprd/rule_lib/adoptions/00044a335_ado.pdf (Ch. 335 revisions) and http://www.tnrcc.state.tx.us/oprd/rule_lib/adoptions/00044a305_ado.pdf (Ch. 305 revisions)

  • HB 2912: ED Party Status at Hearings. Pertains to the Executive Director and appearances at hearings. See http://www.tnrcc.state.tx.us/oprd/rule_lib/adoptions/01027080_ado.pdf 

  • Resource Conservation and Recovery Act (RCRA) Updates for Clusters VII, VIII, and IX. See http://www.tnrcc.state.tx.us/oprd/rule_lib/adoptions/00044335_ado.pdf (Ch. 335 revisions) and http://www.tnrcc.state.tx.us/oprd/rule_lib/adoptions/00044305_ado.pdf (Ch. 305 revisions). 

  • House Bill 2518: Air Notice Regulations, Chapter 39, Public Notice. Relating to the public notice requirements for air permit amendments for the emission of air contaminants. This rule establishes insignificant levels for agricultural facilities, de minimis levels for all other facilities, and criteria for the meaning of net increase, for the purpose of public notice. This addresses the notice requirements of HB 2518. See http://www.tnrcc.state.tx.us/oprd/rule_lib/adoptions/01028a039_ado.pdf 

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



  • Indexing, Cross-Indexing, and Availability of Certain Documents. Tom Lake, Cameron, Texas Petition - Chapter 20. The TNRCC received a rulemaking petition requesting the agency amend 30 TAC, Chapter 20, Rulemaking, Section 20.3, APA Rulemaking. The proposed amendment would more fully implement the provision of Texas Government Code, Section 2001.004, Requirement to Adopt Rules of Practice and index Rules, Orders, and Decisions, which requires the agency to index and cross-index to statute its rules, find orders, decisions, and opinions. Comments due Dec. 10. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/00058020_pro.pdf 

  • HB 2687: Remediation of Underground and Above Ground Storage Tanks. Relating to the program for the regulation and remediation of underground and above ground storage tanks. Comments due Dec. 10. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01039334_pro.pdf 

  • 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 and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01099290_pro.pdf 

  • "Not to Exceed" (California HD diesel standards). This rule extends supplementation test procedures and certification standards applicable to heavy duty diesel engines in the 2004 model year to the 2005 and 2006 model years. (Chapter 114). Hearing Nov. 12; comments due same date. See http://www.tnrcc.state.tx.us/oprd/hearings/01007a114_phn.pdf and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01007a114_pro.pdf 

  • The Designation of a Groundwater Management Area. In response to a petition for rulemaking filed by Save Our Springs of North East Texas on Behalf of 57 landowners of Wood County, the commission instructed staff to initiate rulemaking to designate a groundwater management area in northeast Texas to include all of Wood County. Commission conducting a rulemaking to decide if a groundwater management area should be designated, and if so, to determine the most suitable boundaries. The commission plans to designate a groundwater management area with the objective of providing the most suitable area for the management of all groundwater resources by a groundwater conservation district. Hearings Nov. 12 & 13; comments due Dec. 10. See http://www.tnrcc.state.tx.us/oprd/hearings/01012294_phn.pdf and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01012294_pro.pdf 

  • Quadrennial Review of Chapter 216 (Water Quality Performance Standards for Urban Development and Concurrent Repeal of Subchapter A). The Chapter 216A Quad Review was on hold pending issuance by the Attorney General of an opinion on the constitutionality of the statute on which 216A is based (26 TWC, Section 179). The request for the opinion was submitted by the General Council on March 5, 2001. The Quad Review is now active again. Comments due Nov. 26. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/00038216_pro.pdf and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/00038216_prr.pdf 

  • MOU - Natural Resource Planning. This rule will adopt an MOU between the Texas Department of Transportation and the Texas Natural Resource Conservation Commission by addressing transportation planning issues, specifically including processing of documents required by NEPA. (Chapter 7). Hearing Nov. 27; comments due Dec. 3. See http://www.tnrcc.state.tx.us/oprd/hearings/01102007_phn.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 portion 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 was 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)

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


Proposed Regulations-Water Quality



Notices of 5-Year Rule Reviews, Proposed Continuations



Permit Applications


red bar graphic VERMONT


Department of Envtl. Conservation


Proposed Regulations-On-Site Wastewater and Water Supply



  • Informational meetings were conducted through Nov. 7. These were introductory, informational meetings to receive comment on the draft rule. The formal public comment deadline will be set after the formal hearings are scheduled. The first expected formal hearing will not be sooner than Nov. 26. A second formal hearing will be held several days after the first is held. The public comment deadline will be 7 days after the final formal public hearing. See http://www.anr.state.vt.us/dec/ww/rules/os/public_meet_sched.htm and http://www.anr.state.vt.us/dec/ww/rules/os/os.htm 

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.

Working Draft of the White River Basin Plan



Permit Applications


red bar graphic VIRGINIA


Department of Envtl. Quality


Public Meeting, Hearing Notices; Other Regulatory Notices



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

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

  • Air Pollution Control Board; proposed revisions of Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area (9 VAC 5-91). The purpose of the proposed action is to develop amendments which will conform the regulation to state law and federal Clean Air Act requirements for the testing of emissions from motor vehicles located or primarily operated in Northern Virginia. Hearing Nov. 13 in Woodbridge. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1368 

  • Waste Management Board; Hearings Nov. 26, 27, and 29 regarding Voluntary Remediation Regulations-Amendment 1. Amendment of the Voluntary Remediation Regulations based on a periodic review of the regulations that has determined that the regulations need, among other things, updating to include current sampling and analysis methods and deletion of obsolete language. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1420 

  • Waste Management Board; Public Hearing-Regulated Medical Waste Management Regulations Proposed Amendments. Hearings Jan. 4, 7, and 8, 2002. As a result of a periodic review of the Regulated Medical Waste Management Regulation, the Virginia Waste Management Board is considering amendment of the regulation to include, but not be limited to, the issue of storage of separately accumulated objects for personal hygiene, the issue of temporary storage and such other issues which may result from public comment on the NOIRA or activities of the technical advisory committee established to assist in the development of any proposal. See http://www.townhall.state.va.us/action/ViewAction.cfm?vac=210&chapter=120&action=392 

  • Air Pollution Control Board; Public hearing Nov. 27-Rev. D00-Permits for Major Stationary and Major Modifications Locating in Nonattainment Areas. Will amend Chapter 80 to bring the regulation into compliance with federal regulation and policy including, but not limited to, amendments to reflect permit requirements regarding emission offsets associated with the designation of nonattainment areas. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1387 

  • Air Pollution Control Board; Hearing Dec. 7 regarding Rev. G00-Emission Standards for Toxic Pollutants. The purpose of the proposed action is to render the state toxic pollutant program consistent with the federal CAA. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1386 

  • Nov. 13 APCB hearing regarding proposed amendments to the Regulation for the Control of Motor Vehicle Emissions in Northern Virginia (Rev. MG). The purpose of the proposed action is to develop amendments that will conform the regulation to state law and federal CAA requirements for the testing of emissions from motor vehicles located or primarily operated in Northern Virginia. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1368 

  • Hearings Jan. 8 and 9, 2002, regarding Water Quality Standards-Bacteria and Ammonia Criteria. Amendments to the water quality standards regulation to include updating surface water criteria for ammonia in freshwater, new alternative indicators for assessing bacterial water quality, updated contact recreational use designations for primary and secondary and/or seasonal uses, etc. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1479  

  • Public Hearing-Proposed Water Quality Management Public Participation Guidelines and WQMP Repeals. (9 VAC 25-420, 430,440, 450, 452, 460, 470, 480, 490, 500, 510, 520, 530, 540, 550, 560, 570, 572). The regulation will establish, among other planning items, the procedures for public participation during TMDL development, submittal of proposed TMDLs to EPA and inclusion of approved TMDLs and TMDL implementation plans in the water quality management plans. The action will also include repeal of existing water quality management plans (9 VAC 25-420, 430, 440, 450, 452, 460, 470, 480, 490, 500, 510, 520, 530, 540, 550, 560, 570, 572). See http://www.townhall.state.va.us/stage/ViewStage.cfm?vac=196&chapter=720&action=624&stage=1370 and http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=1494 Dec. 10 hearing in Glen Allen. 

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


Department of Natural Resources


Air Rules Development



Public Hearing and Meeting Schedule



red bar graphic WYOMING


Department of Environmental Quality


NPDES Permit Applications



Draft, Proposed Regulations


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

INTERNATIONAL
large red bar graphic

red bar graphic GENERAL



  • The European Commission rejected a challenge to an automobile "polluter pay" recycling system implemented in The Netherlands. 

  • New Zealand said it would continue a voluntary moratorium on the field release of genetically modified organisms for two more years. See http://www.mfe.govt.nz/ 

  • The Secretariat of the North American Commission for Environmental Cooperation (CEC) requested a response from Mexico to a citizen submission alleging that Mexico is failing to effectively enforce laws relating to protection of forest resources in the Sierra Tarahumara in the Mexican state of Chihuahua and, by doing so, is denying access to environmental justice to indigenous peoples in the region. The submission (SEM-00-006) was filed by Comisión de Solidaridad y Defensa de los Derechos Humanos A.C. (COSYDDHAC) on June 9, 2000. COSYDDHAC asserts that Mexico is failing to effectively enforce its environmental law relating to the processing of citizen complaints, the prosecution of environmental offenses, consultation with indigenous peoples on timber harvesting, and access to environmental information. See http://www.cec.org/citizen/index.cfm?varlan=english 

red bar graphic  CLIMATE CHANGE



  • Environment ministers meeting in in Marrakech, Morocco, agreed on terms for a monitoring system to measure countries' compliance with the Kyoto Protocol's greenhouse gas reduction targets. The question of  whether countries that violate the terms of the treaty will face sanctions now seems to be resolved. Belgian Energy Minister Olivier Deleuze, head of the European Union delegation, has cautioned against overoptimism, though, saying the deal is not yet officially in place. See http://news.bbc.co.uk/hi/english/world/africa/newsid_1644000/1644065.stm 

  • A panel of 30 scientists warned that carbon sinks--forests and farmland that can absorb excess carbon dioxide--cannot be relied on permanently, because their ability to soak up carbon dioxide will change with time. The report was published in the journal Nature. See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1643000/1643156.stm 

  • Speaking to the ministers, U.N. Secretary General Kofi Annan said that fighting climate change is not just an environmental issue, but also a matter of fundamental development. "Success in Marrakech would sustain this momentum, generating hope that the Kyoto Protocol could be ratified by the industrialized countries and enter into force in time for next year's Johannesburg summit," he said. He also noted that "Climate change is certainly one of the greatest global challenges the world has ever had to face. But let us not be daunted. Far more is within our power than is commonly understood. Moreover, the changes in our economies and transformation of our societies will bring enormous opportunities to create new jobs, raise incomes, and improve living conditions. These are opportunities we can and must seize without delay." See  http://www.un.org/News/Press/docs/2001/sgsm8014.doc.htm  

  • U.S. Undersecretary of State for Global Affairs Paula Dobriansky, who is leading the U.S. delegation at the Marrakech talks, said the U.S. will continue to play a leadership role. "We will strengthen our strategic and energy alliances in a way that contributes to efforts to reduce the projected growth in global greenhouse gas emissions," she said. Dobriansky also said the United States is seeking to ensure that its companies have access to innovative, cost-saving technologies, including opportunities to forge international alliances.

  • U.N. Environment Program Executive Director Klaus Toepfer, in his opening remarks, noted that recent studies suggest that harvests of some of the world's most important food crops could fall by as much as a third in some crucial parts of the planet as a result of climate change. The scientists have found evidence that rising temperatures, linked with emissions of greenhouse gases, can damage the ability of vital crops such as rice, maize and wheat, to flower and set seed. New studies indicate that for every one degree C rise in areas such as the Tropics, yields could tumble by as much as 10%. The Intergovernmental Panel on Climate Change (IPCC) estimates that average, global, temperatures in the tropics could climb by as much as three degrees C by 2100. See http://www.unep.org/Documents/Default.asp?DocumentID=225&ArticleID=2952 

  • Another new study, performed by scientists at the University of Oregon, notes that global warming is causing genetic changes in mosquitoes. "There is a genetic change in their response to daylight," one of the researchers said. "We can detect this change over as short a time period as five years. Evolution is happening and it is happening very fast. ... The broader implication is that the make-up of future communities in nature may depend critically on the ability of these species to adapt or evolve in their response to global warming." See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1639000/1639284.stm

  • And a study suggested that some of worse impacts will occur in the artic. See http://www.urova.fi/home/arktinen/feedback.htm

  • Japan gave conflicting indications as to whether it will ratify the Protocol.

  • The Pew Center on Global Climate Change issued a report, "Corporate Greenhouse Gas Reduction Targets." See http://www.pewclimate.org