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Weekly Update Volume 31, Issue 33

11/19/2001

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


red bar graphic  ESA, PRELIMINARY INJUNCTION, MILITARY EXERCISES:

The First Circuit affirmed a district court denial of an environmental group's motion for a preliminary injunction to stay the U.S. Department of the Navy's exercises on the island of Vieques near Puerto Rico. The group alleged that the Navy violated certain ESA §7 procedural requirements when, instead of preparing a biological assessment, it engaged in informal consultations with the FWS concerning interim measures for the training activities on Vieques between August 2000 and December 2001. The district court correctly found that the group was unlikely to succeed on the merits. The group failed to show that the Navy violated the ESA when it concluded that the interim activities did not constitute a major construction activity necessitating a biological assessment. Even assuming that the activities required a biological assessment, the group failed to show that the FWS consultation was not the functional equivalent. Moreover, the group failed to show irreparable harm. Although procedural violation under the ESA constitutes irreparable injury, the group failed to show that the ESA entitles it to insist on the procedure of no action by the Navy until a biological assessment is filed with the FWS. Therefore, the district court did not err in requiring the group to show further irreparable harm and in holding that the group's vague assertions of probable damage to endangered species was insufficient. Further, the national security interest implicated by the Navy's activities outweighs the interest given to protecting endangered species from the vague harm alleged here. In addition, the district court did not abuse its discretion in finding that the public interest weighed in favor of denying the group's motion for a preliminary injunction. Water Keeper Alliance v. United States Department of Defense, No. 01-2057 (1st Cir. Nov. 13, 2001) (32 pp.).

red bar graphic  EASEMENTS, NATIONAL FOREST SERVICE ORGANIC ACT (ORGANIC ACT), ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT (ANILCA):

The Fourth Circuit vacated a district court holding that owners of property surrounded by a national forest in West Virginia do not have an express or implied easement to use a U.S. Forest Service road that provides the sole access to their property. The owners' predecessors conveyed 742 acres of land to the United States, while reserving 6.8 acres for their own use, and the conveyed land eventually became part of the national forest. Subsequently, the Forest Service filed a complaint seeking to compel the owners to apply for a special use permit to use the road. In finding for the Forest Service, the district court addressed only prescriptive easements and easements by necessity, not implied easements from prior use, known as easements by implication. West Virginia recognizes common-law easements by implication, and such easements can only be lost through adverse possession. Here, the owners claim an easement by implication because the road is the road the original owner used to access the property, and the use of the road was open, apparent, and necessary before the conveyance to the government. Moreover, the Organic Act, which grants actual settlers of land within national forest boundaries a right of access, does not eliminate the necessity required for the creation of an implied easement at the time of the conveyance. Since the original owners sold the land to the government, they were not settlers in the national forest. Likewise, the Organic Act only applies to forests reserved from public land, and the conveyance did not involve public land. In addition, federal law does not preempt the owners' potential easement rights. A federal statute that allegedly allows the government to regulate easements in national forests does not apply because the statute requires that any rule or regulation applied to the easement must be expressed in part of the instrument of conveyance, and the deed to the owners' property includes no such regulation. Similarly, ANILCA §1323, which requires owners of non-federal lands within the national forests to comply with rules and regulations applicable to ingress and egress, does not apply because §1323 merely authorizes the Forest Service to provide access to inholders and does not affect existing rights or impact state law. United States v. Srnsky, No. 01-1163 (4th Cir. Nov. 14, 2001) (12 pp.).

red bar graphic  FEDERAL OIL AND GAS ROYALTY SIMPLIFICATION AND FAIRNESS ACT (FOGRSFA), JURISDICTION:

The D.C. Circuit denied the DOI's petition to rehear a natural gas producer's appeal from a district court judgment dismissing for lack of jurisdiction a claim under FOGRSFA for reimbursement of mining royalty overpayments. The court previously reversed the district court decision and held that it had jurisdiction under FOGRSFA to review the producer's claim. In so doing, the court had stated that the producer had not waived its challenge to the DOI's interpretation of FOGRSFA by failing to advance the argument in the rulemaking process because, in part, the record indicated that the producer did not participate in the rulemaking proceeding at issue. The DOI now presents evidence that the producer did participate in the rulemaking. This evidence requires that the court's discussion of the producer's lack of participation be stricken from the first opinion, but this revision makes no difference in the outcome of the case. Nothing prevents the producer from pursuing its claim in a second forum, i.e. apart from the original rulemaking, if such a forum is available. Such a forum is available when a rule is brought before the court for review of agency action applying it. Limiting judicial review to the adoption of the rule without further judicial relief at the time of its application, would effectively deny parties affected by a rule an opportunity to question its validity. Murphy Exploration & Production Co. v. United States Department of the Interior, No. 00-5218 (D.C. Cir. Nov. 9, 2001) (3 pp.).

red bar graphic  CWA, U.S. CONSTITUTION, CITIZEN SUITS:

A district court denied a landowner's motion to dismiss environmental groups' CWA citizen suit against the landowner for ditch digging in wetlands and discharging to surrounding waters without the proper permits. The CWA §505(a) citizen suit provision is constitutional. The landowner's claim that the power to bring a civil enforcement action is strictly a power of the executive branch to the exclusion of private citizens is unsupported by the law. Congress establishes rights and obligations and may determine who may enforce them. Thus, Congress is permitted to create a private right of action under the CWA to encourage private enforcement of the Act's duties. Likewise, CWA §505's citizen suit provision does not offend the separation of powers doctrine because the doctrine of separation of governmental powers does not apply to private citizens. CWA §505 citizen suits are not controlled by Congress or the Judiciary, and, therefore, neither offend the separation of powers doctrine nor impermissibly undermine Executive authority. A CWA §505 citizen suit also does not deprive the landowner of substantive due process. In addition, the groups' suit should not be dismissed under CWA §309(g), which provides that CWA violations for which a state has commenced and is diligently prosecuting a state-law action comparable to the CWA shall not be subject to a civil penalty. The state brought proceedings against the landowner under the state Sediment Act, but the Sediment Act is not comparable to the CWA and does not bar the groups' citizen suit. Moreover, the CWA authorizes the groups' claims against the landowner under CWA §§401, 402, and 404. CWA §505 allows for citizen suits to enforce effluent standards and limitations, and §§401, 402, and 404 all concern effluent standards. North Carolina Shellfish Growers Ass'n v. Holly Ridge Associates, Inc., No. 7:01-CV-36-BOCI (E.D.N.C. Nov. 8, 2001) (Boyle, J.) (12 pp.).

red bar graphic  INSURANCE, POLLUTION EXCLUSION CLAUSE:

The Nebraska Supreme Court affirmed a lower court holding that a pollution exclusion clause in a warehouse owner's commercial general liability insurance policy excludes coverage of contamination from xylene fumes. Contractors building an addition to the warehouse improperly used a xylene-based sealant, the fumes of which contaminated foodstuffs stored in the warehouse. The foodstuff owners filed suit against the warehouse owner. The warehouse owner filed insurance claims seeking indemnity and defense from its insurer, but the insurer denied coverage. The pollution exclusion clause is unambiguous. The policy excludes damage caused by the discharge, dispersal, seepage, migration, release, or escape of pollutants. The policy language does not specifically limit excluded claims to traditional environmental damage, nor does the exclusion purport to limit materials that qualify as pollutants to those that cause traditional environmental damage. Further, the warehouse owner's reasonable expectations as an insured are irrelevant because reasonable expectations are only considered when policy language is found to be ambiguous. Moreover, even though the contractors brought xylene to the warehouse in the form of a sealant, the xylene fumes that escaped qualify as a pollutant under the policy. "Pollutant" is defined in the policy as substances that are harmful or toxic to persons, property, or the environment, and xylene is such a substance.  Likewise, for purposes of the pollution exclusion, xylene fumes were discharged, dispersed, released, or escaped. The xylene fumes were not confined to the general area of their intended use, and their escape is the only logical explanation for the alleged xylene contamination of the foodstuffs. In addition, the care, custody, and control provision in the warehouse owner's policy provides coverage of damage to property in the warehouse owner's control and care if the damage stems from certain listed causes. The causes of loss defined by the policy specifically excludes the discharge, dispersal, release, or escape of pollutants. Cincinnati Insurance Co. v. Becker Warehouse, Inc., No. S-00-767 (Neb. Nov. 2, 2001) (16 pp.).    

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

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

red bar graphic  AIR:



  • EPA issued its proposed response to the part of the remand of the 1997 ozone NAAQS by the D.C. Circuit related to whether tropospheric ozone has a beneficial effect with regard to attenuation of naturally occurring solar radiation. EPA has provisionally determined that the  information linking changes in patterns of ground-level ozone concentrations likely to occur as a result of programs implemented to attain the 1997 ozone NAAQS to changes in relevant exposures to UV-B radiation of concern to public health is too uncertain at this time to warrant any relaxation in the level of public health protection previously determined to be requisite to protect against the demonstrated direct adverse respiratory effects of exposure to ozone in the ambient air. 66 FR 57267 (11/14/01). 

  • EPA announced the availability of a Staff White Paper entitled Study of Unique Gasoline Fuel Blends (Boutique Fuels), Effects on Fuel Supply and Distribution and Potential Improvements. 66 FR 57099 (11/14/01). 

  • EPA amended the current regulations that implement the statutory ban on nonessential products that release Class I ozone-depleting substances under CAA §610. 66 FR 57511 (11/15/01). 

  • EPA announced its regulatory interpretations of applicability and alternative monitoring decisions that have been made by the Agency for new source performance standards and NESHAPs. 66 FR 57453 (11/15/01).

  • EPA announced that it is seeking input on the initial draft of the Third U.S. Climate Action Report before the final document is completed. 66 FR 57456 (11/15/01).

red bar graphic  RADIOACTIVE MATERIAL:



  • DOE amended the policies under the Nuclear Waste Policy Act of 1982 for evaluating the suitability of Yucca Mountain, Nevada, as a site for development of a nuclear waste repository. 66 FR 57297 (11/14/01). 

red bar graphic  WATER QUALITY:



  • EPA issued an NPDES general permit regulating discharges from oil and gas wells in the Coastal Subcategory in Texas and regulating produced water discharges from wells in the striper and offshore subcategories that discharge into coastal waters of Texas. 66 FR 57457 (11/15/01).

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



  • United States v. Goodyear Tire & Rubber Co., No. 4:01CV00062 (W.D. Va. Oct. 30, 2001). Settling CERCLA defendants must pay $973,095 in past U.S. response costs incurred at the First Piedmont Rock Quarry site in Pittsylvania County, Virginia. 66 FR 56858 (11/13/01). 

  • United States v. FMC, No. C99-296-E-BLW (D. Idaho Oct. 26, 2001). A settling CERCLA defendant must implement EPA's selected remedy for the Simplot Operable Unit and must reimburse costs incurred by EPA in response to releases of hazardous substances at the site. 66 FR 56858 (11/13/01). 

  • United States v. Ponderosa Fibres of America, Inc., No. 99-CV-1305 (N.D.N.Y. Oct. 31, 2001). A settling CERCLA defendant must pay $71,250, plus interest, in past U.S. response costs incurred in connection with the St. Lawrence Pulp and Paper Superfund site in the City of Ogdensburg, New York. 66 FR 56858 (11/13/01). 

  • United States v. Southwire Co., No. 4:01CV-182-M (W.D. Ky. Oct. 24, 2001). A settling CERCLA defendant must perform the EPA-selected remedy for the National Southwire Aluminum Superfund site in Hawesville, Kentucky, must pay $326,520.83 in past U.S. response costs incurred at the site, and must pay all future response costs. 66 FR 56859 (11/13/01). 

  • United States v. W.R. Grace & Co., No. 00-167-M-DWM (D. Mont. Oct. 25, 2001). Settling CERCLA defendants must allow the United States a general unsecured claim of $71,000 in connection with the Libby Asbestos site in and near Libby, Montana, and must undertake a supplemental environmental project at a cost of $2,750,000 to form and fund a Montana non-profit corporation to establish a program to pay for medical care for certain asbestos-related illnesses. 66 FR 56859 (11/13/01). 

  • United States v. East Lake Management & Development Corp., No. 01 C 7581 (N.D. Ill. Oct. 9, 2001); United States v. Wolin-Levin, Inc., No. 01 C 7580 (N.D. Ill. Oct. 11, 2001). Settling Lead-Based Paint Hazard Act defendants that manage over 225 residential apartment buildings in Chicago, Illinois, must provide the required notice and disclosures concerning lead-based paint hazards, must perform inspections at the buildings for the presence of lead-based paint, must perform lead-based paint abatement, must pay a $25,000 penalty, and must contribute funds to Child Health Improvement Projects, which are projects that address issues of childhood lead poisoning in Chicago. 66 FR 57843 (11/15/01). 

  • United States v. Friedland, No. 96-N-1213 (D. Colo. Nov. 6, 2001). Settling CERCLA defendants must pay $192,943 in U.S. and state response costs incurred at the Summitville Mine Superfund site near Del Norte, Colorado, and must transfer certain properties to the United States. 66 FR 57483 (11/15/01). 

  • United States v. IBP, Inc., DOJ Ref. #90-11-3-06517/1 (D. Neb. Oct. 12, 2001). A settling CAA, CWA, CERCLA, EPCRA, and RCRA defendant that is the world's largest producer of fresh beef, pork, and related products must pay a $4.1 million civil penalty and must spend approximately $10 million in improvements to resolve violations at its Dakota City, Nebraska, slaughterhouse facility and for additional projects to further reduce its discharge of pollutants to the air and water. 66 FR 57484 (11/15/01). 

  • United States v. John Evans Sons, Inc., No. 01-5262 (E.D. Pa. Oct. 16, 2001). Settling CERCLA defendants must perform part of the EPA- selected remedy at the North Penn Area Six Superfund site in the Borough of Lansdale, Pennsylvania, with projected costs of $615,475, must pay $79,131.25 in past U.S. response costs, and must pay for future response costs. 66 FR 57484 (11/15/01). 

  • United States v. National Metal Finishing Corp., No. 01-30175-FHF (D. Mass. Sept. 26, 2001). A settling CAA defendant that violated the Act at its decorative chromium plating facility in Springfield, Massachusetts, must pay a $29,729 civil penalty and must perform a supplemental environmental project that will reduce water pollution in the Springfield area and the Connecticut River. 66 FR 57484 (11/15/01).

  • United States v. NCR Corp., No. 01-593-SLR (D. Del. Aug. 31, 2001). Settling CERCLA defendants must pay $769,000 in past response costs and $29,500 in interim response costs expended by EPA in its oversight of the cleanup at the NCR Superfund site near Millsboro, Delaware. The defendants must also pay $3,769.99 to the Delaware Department of Natural Resources and Environmental Control. 66 FR 57485 (11/15/01).

  • United States v. Oak Park Real Estate, Inc., No. 01 C 7582 (N.D. Ill. Oct. 4, 2001). Settling Lead-Based Paint Hazard Act defendants that manage over 25 residential apartment buildings in Chicago, Illinois, must provide the required notice and disclosures concerning lead-based paint hazards, must perform inspections at the buildings for the presence of lead-based paint, must perform lead-based paint abatement, and must pay $40,000 in administrative penalties. 66 FR 57485 (11/15/01).

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

THE CONGRESSlarge red bar graphic

red bar graphic  CHAMBER ACTION



  • S. 1389 (mining; land conveyance), which would provide for the conveyance of certain real property in South Dakota to the state of South Dakota with indemnification by the U.S. government, was passed by the Senate. 147 Cong. Rec. S11916 (daily ed. Nov. 15, 2001). 

  • S. Res. 180 (fisheries), which would express the sense of the Senate regarding the policy of the United States at the 17th Regular Meeting of the International Convention for the Conservation of Atlantic Tunas in Murcia, Spain, was passed by the Senate. 147 Cong. Rec. S11727 (daily ed. Nov. 13, 2001).

  • H.R. 2828 (water resources), which would authorize refunds of amounts collected from Klamath Project irrigation and drainage districts for operation and maintenance of the project's transferred and reserved works for water year 2001, was passed by the House. 147 Cong. Rec. H8060 (daily ed. Nov. 13, 2001).

  • H.R. 2976 (federal lands), which would provide for the issuance of a special entrance pass for free admission to any federally owned area that is operated and maintained by a federal agency and used for outdoor recreation purposes to the survivors, victims' immediate families, and police, fire, rescue, recovery, and medical personnel directly affected by the September 11, 2001, terrorist hijackings and the attacks on the World Trade Center and the Pentagon, was passed by the House. 147 Cong. Rec. H8060 (daily ed. Nov. 13, 2001).

red bar graphic  COMMITTEE ACTION



  • S. 1008 (Energy Policy Act; climate change) was reported by the Senate Committee on Governmental Affairs. S. Rep. No. 107-99, 147 Cong. Rec. S11939 (daily ed. Nov. 15, 2001). The bill would amend the Energy Policy Act of 1992 to develop the U.S. Climate Change Response Strategy with the goal of stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, while minimizing adverse short-term and long-term economic and social impacts, aligning the Strategy with U.S. energy policy, and promoting a sound national environmental policy. The bill would also establish a research and development program that focuses on bold technological breakthroughs that make significant progress toward the goal of stabilization of greenhouse gas concentrations and would establish the National Office of Climate Change Response within the Executive Office of the President.

  • H.R. 1913 (Native American lands, subsurface rights) was reported by the House Committee on Resources. H. Rep. No. 107-285, 147 Cong. Rec. H8132 (daily ed. Nov. 13, 2001). The bill would require the valuation of nontribal interest ownership of subsurface rights within the boundaries of the Acoma Indian Reservation.

red bar graphic  BILLS INTRODUCED



  • S. 1711 (Campbell, R-Colo.) (wilderness areas) would designate the James Peak Wilderness and the James Peak Protection Area in Colorado. 147 Cong. Rec. S11940 (daily ed. Nov. 15, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1716 (Kerry, D-Mass.) (climate change) would speed national action to address global climate change. 147 Cong. Rec. S11940 (daily ed. Nov. 15, 2001). The bill was referred to the Committee on Commerce, Science, and Transportation. 

  • H.R. 3274 (Sanders, I-Vt.) (energy) would provide assistance to those individuals most affected by high energy prices and to promote and accelerate energy conservation investments in the United States. 147 Cong. Rec. H8034 (daily ed. Nov. 9, 2001). The bill was referred to the Committees on Ways and Means, and Energy and Commerce, and Education and the Workforce.

  • H.R. 3276 (Young. R-Alaska) (hazardous materials transportation) would authorize appropriations for hazardous material transportation safety. 147 Cong. Rec. H8034 (daily ed. Nov. 9, 2001). The bill was referred to the Committees on Transportation and Infrastructure, and Government Reform.

  • H.R. 3279 (Markey, D-Mass.) (nuclear power plants) would require the NRC to ensure that sufficient stockpiles of potassium iodide tablets have been established near nuclear power plants and that appropriate plans for their utilization exist. 147 Cong. Rec. H8132 (daily ed. Nov. 13, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 3289 (Berkley, D-Nev.) (Yucca Mountain) would provide for interagency planning for preparing for, defending against, and responding to the consequences of terrorist attacks against the Yucca Mountain Project. 147 Cong. Rec. H8181 (daily ed. Nov. 14, 2001). The bill was referred to the Committees on Energy and Commerce, and Transportation and Infrastructure.

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

IN THE STATES
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red bar graphic ALABAMA


Department of Envtl. Management


Proposed Permanent Regulations-Solid Waste Management 



  • Revisions to the Division 13 Code are being proposed to permanently incorporate and 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 CAA §§111(d) and 129, 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



Proposed Regulations-Air Quality



Permit Application-Proposed Medical Waste Storage and Transfer Facility



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 was Nov. 14; comments were due same date. See http://www.sosaz.com/aar/2001/39/contents.shtm 

Permit Application-Proposed Medical Waste Storage and Transfer Facility



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 Penalties, Consent Orders




  • CONSENT ADMINISTRATIVE ORDERS

    Alumax Foils, Inc., Russellville, Air Division, $4000 penalty; Arkansas Sheet Metal Co., Little Rock Regulated Storage Tank Division, $500 penalty; Best Petroleum Plus, Inc., Jonesboro NPDES/Water Division, $2000 penalty; Blake Street Cleaners, Pine Bluff; Hazardous Waste Division, $1350 penalty; Collision Connection, Springdale Hazardous Waste Division, $1350 penalty; Hanson Aggregates West, Inc. Eagle Mills Plant, Bearden NPDES/Water Division, $22,500 penalty; J. R. Hardage, Malvern Air Division, $350 penalty; International Paper Corporation (Amendment to Administrative Agreement), Pine Bluff Air Division, no penalty; Kawneer Company, Inc., Springdale Air Division, $750 penalty; Maxwell Hardwood Flooring, Inc., Monticello Air Division, $3000 penalty; Phillips Litho Co., Springdale Hazardous Waste Division, $1350 penalty; Rapid Roberts #201, Eureka Springs Hazardous Waste Division, $675 penalty; Rineco Chemical Industries, Inc., Haskell Hazardous Waste Division, $78,910 penalty, Supplemental Environmental Project $34,307; Safety-Kleen Systems, Inc., Little Rock Hazardous Waste Division, no penalty; Tyson Foods, Inc., Rogers Chick-N-Quick Plant, Rogers Air Division, $3500 penalty; University of Arkansas, Fayetteville Hazardous Waste Division, no penalty; VP Buildings, Pine Bluff Air Division, $2500 penalty; Waterloo Industries, Inc., Pocahontas Air Division, no penalty. 

    NOTICE OF VIOLATION

    Harper Development, Inc., Bryant NPDES/Water Division, $10,000 penalty; Trans Chem, Inc. 1600 East 26th Street, Little Rock Hazardous Waste Division, $129,400 penalty; Trans Chem, Inc. 2508 East Roosevelt Road, Little Rock Hazardous Waste Division, $195,200 penalty; 


Comments due Dec. 10; persons submitting comments may request the Pollution Control and Ecology Commission to set aside the order in the matter by filing a petition with the Commission Secretary. 


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


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 

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 

Voluntary Accelerated Vehicle Retirement Proposed Regulation Update-Draft Regulations



Department of Toxic Substances Control


Nov. 20 Workshop-Rejected Waste Shipments



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 ran 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/ 

Proposed Regulations-Process for LEA Designation Withdrawal, and Board Designation Approval Withdrawal and Decertification Regulations



  • These regulations establish a procedure for local governing body withdrawal of LEA designation, Board withdrawal of LEA designation approval, partial or full decertification, or temporary suspension of certification. A 45-day public comment period will run from Oct. 12 through Nov. 27. The Board will hold a public hearing on the proposed regulations on Jan. 22, 2002. See http://www.ciwmb.ca.gov/Rulemaking/leadsign/ 

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



Water Resources Control Board


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


Chemical Listed Effective Nov. 16 as Known to the State of California to Cause Cancer



Notice-Dec. 18 Meeting of the Science Advisory Board's Carcinogen Identification Committee



Notice-Dec. 17Meeting of the Science Advisory Board's Developmental and Reproductive Toxicant (DART) Identification Committee



Request for Information on Diuron (CAS No. 330-54-1), Chemical to be Considered by OEHHA's Science Advisory Board's DART Identification Committee



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



OEHHA Withdraws Public Health Goal for Chromium



South Coast Air Quality Management District (SCAQMD)


Final Regulations-Rule 1634-Diesel Truck Stop Emissions



  • Under Rule 1634-Pilot Credit Generation Program for Truck Stops, companies that provide electricity to trucks at truck stops can earn nitrogen oxide Mobile Source Emission Reduction Credits. Those credits can be sold on the open market to facilities in SCAQMD's Regional Clean Air Incentives Program. There are about 20 truck stops in SCAQMD's jurisdiction that potentially could participate in Rule 1634. See http://www.aqmd.gov/hb/011131a.html and http://www.aqmd.gov/news1/Governing_Board/2001/Bs11_09_01.htm 

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


Rulemaking Hearings


red bar graphic CONNECTICUT


Department of Envtl. Protection


DEP Names New Managers In Air And Natural Resources Bureaus 



Permit Hearings-Calendar


red bar graphic DELAWARE


Department of Nat. Resources and Envtl. Control


Proposed Amendment to Regulation Governing Pollution Release Reporting




  • Workshops Dec. 4 and Dec. 6 on a planned amendment to the current regulation that describes requirements for reporting environmental releases or discharges of a pollutant or air contaminant. The Dec. 4 workshop will be held 9 a.m. to noon at the Grass Dale Center, Polktown Place, off Route 9, Delaware City; the Dec. 6 workshop will be held 1 to 3 p.m. in DNREC's auditorium, Richardson and Robbins Building, 89 Kings Highway, Dover. Senate Bill 33 modified the definition of an environmental release to mean substances and their reportable quantities under the federal CERCLA or regulations enacted under Title 7, §6028, Del. Code. The amendment would replace the current regulation and will include changes required by SB 33, changes to the Delaware list of substances and their reportable quantities, and the inclusion of a mandatory follow-up incident report. The Department will provide drafts of the planned amendment, along with background information, at each workshop. See http://www.dnrec.state.de.us/DNREC2000/Admin/Press/Story1.asp?PRID=316 


Proposed TMDL



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 Regulations-Rule Development Update



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


Draft Work Plan to Assess Area-wide Selenium Risks in Southeast Idaho



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 


Draft Air Quality Maintenance Plan for northern Ada 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 §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 to 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 Sept. 6, 2001; Rulemaking was scheduled for Oct. 16, 2001 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 Oct. 4, 2001, Illinois Register publication Oct. 26, 2001. 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


Proposed TMDLs 


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


Emergency Regulations-Drinking Water Quality




  • Amends Chapter 44, “Drinking Water Revolving Fund,” Chapter 92, “State Revolving Fund Loans for Wastewater Treatment,” and Chapter 93, “Onsite Wastewater Treatment Assistance Program,” Iowa Administrative Code. The amendments for the drinking water and wastewater revolving loan funds (Chapters 44 and 92) provide for a lower, uniform interest rate versus the existing rate formula, increase the annual loan servicing fee, revise loan repayment criteria, provide more flexibility in loan repayment schedules (e.g., allow for shorter term loans), amend parity requirements with respect to other obligations outstanding, and specify detailed revenue pledge coverage requirements. Other changes to these chapters include the following:
    • No water supply system project may receive funding for more than five years in succession.
    • The amount of funding available for private, for–profit water supply systems in a single year is restricted to 5% of the amount of the particular bond issues in any given year.
    • Definitions for “applicable interest rate” and for “debt service coverage ratio” are eliminated, as the terms are no longer needed with the new uniform interest rate.
    • The project initiation conference requirement, previously required for water supply system funding, is now optional at the Department’s discretion.
    • The wastewater revolving loan fund rules recognize the relationship to the onsite wastewater assistance fund established in Chapter 93, as a portion of the annual wastewater capitalization grant from U.S. EPA will be used to capitalize the onsite program fund.
    • Terminology and other updates are made for overall rule consistency.
    The amendment to Chapter 93 replaces language stating that the Department will assume the risk for loans made under the onsite wastewater assistance program with language stating that neither the Department nor the state will assume the risk for loans. The changes to Chapters 44 and 92 are needed to implement provisions reflecting a restructuring of the drinking water and wastewater revolving loan program as recommended by the Iowa Finance Authority. This restructuring will allow lower and more uniform interest rates as well as provide loan recipients with more flexibility. The change to Chapter 93 was necessitated by a conflict with the Iowa Constitution. Under Article VII, Section 1 of the Iowa Constitution, the “credit of the state” cannot be given or loaned to any individual, association, or corporation. Informal advice from the Attorney General’s office indicated the previous language (i.e., the Department would assume the risk) was in direct conflict with this provision. Effective Oct. 26. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB011114.html 


Proposed Regulations-Drinking Water Quality




  • Will amend Chapter 44, “Drinking Water Revolving Fund,” Chapter 92, “State Revolving Fund Loans for Wastewater Treatment,” and Chapter 93, “Onsite Wastewater Treatment Assistance Program,” Iowa Administrative Code. The amendments revise the loan interest rate determination to a flat rate, revise loan repayment criteria, amend parity requirements with respect to other obligations outstanding, and specify revenue pledge coverage requirements. The amendments also update terminology and recognize the relationship to the Onsite Wastewater Assistance Fund established in 567-Chapter 93. Hearing Dec. 4; comments due same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB011114.html 


Proposed Regulations-Water Quality-Stormwater




  • Will amend Chapter 60, “Scope of Title—Definitions—Forms—Rules of Practice,” Iowa Administrative Code. The amendment to Chapter 60 modifies the definition of “storm water discharge associated with industrial activity”to allow more types of facilities to qualify for the “no–exposure” exemption whereby facilities are exempted from permitting if no activities or materials are exposed to precipitation. Comments due Dec. 4; hearing same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB011114.html 


Proposed Regulations-Radioactive Material Transport




  • Would rescind Chapter 132, “Transportation of Radioactive Materials in Iowa,” Iowa Administrative Code.
    The Department of Natural Resources currently delegates all authority granted under Iowa Code sections 455B.332 and 455B.333 to the Iowa Department of Public Health under a 28E agreement between the two agencies. The Department of Public Health now has authority to establish policy for the transportation, storage, handling and disposal of radioactive material for the purpose of protecting the public health and safety. This authority is granted by Iowa Code chapter 136C and in conjunction with agreements between the Iowa Department of Transportation and the U.S. Nuclear Regulatory Commission. Therefore, it is proposed that this chapter be rescinded in its entirety. Comments due Dec. 4; no hearing. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB011114.html  


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 was 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 provided assistance in development of the rule. Effective Oct. 24. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB010919.html 


Petroleum Underground Storage Tank Fund Board


Proposed Regulations




  • Will rescind Chapters 2, 3, 4, 11, and 12, Iowa Administrative Code, and adopt new chapters with the same title. The proposed amendments are intended to implement changes to comply with Executive Order Number 8. The amendments reorganize the rules in a new chapter to replace references in the rules to the Uniform Rules on Agency Procedure and incorporates the actual language previously referenced. Comments accepted through Dec. 4. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB011114.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 for Baton Rouge 



 




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



Draft Five-Year Strategic Plan



Petition for Rulemaking for Approval of ASTM D 6450-99 for Flash Point Testing



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 was Nov. 15; comments due Nov. 27. See http://www.state.me.us/sos/cec/rcn/apa/notices/102401.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 

red bar graphic MARYLAND


Department of the Environment


Water Supply Program-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



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. 28 and 29 and Dec. 4 in 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



MPCA Concludes 36 Cases in Third Quarter Enforcing Environmental Regulations



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 Aug. 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 1 and 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 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 


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



Final Regulations-Air Quality



Permit Application, Public Comment Notices


red bar graphic NEBRASKA


Department of Envtl. Quality


Proposed Regulations



DEQ Air Quality Program Workshops To Be Held Across State



Comprehensive Study Of Water Quality Monitoring; LB1234 Phase II Report


red bar graphic  NEVADA


Environmental Commission


Proposed Regulations-Water Quality




  • Hearing Dec. 11 on two proposed petitions. Petition 2002-03 (LCB R-128-01) is a permanent amendment to NAC 445A.119 to 445A.225, the pollution control standards for water quality. The petition amends the standards for various reaches of the East and West forks of the Walker River. Amendments are proposed for NAC 445A.159 through 445A.169, inclusive including Sweetwater Creek and Desert Creek of the Walker River. Revised area of water quality standards includes pH, the nitrite in the lower reaches, the time period for dissolved oxygen beneficial use standard, the Topaz Lake dissolved oxygen standard, the replacement of the narrative color standard with a numeric standard, establishing sulfate requirements to maintain existing higher quality (RMHQ), replacement of existing fecal coliform standard with E. Coli standard and to establish a total suspended RMHQ for Sweetwater Creek. It is proposed to revise the time period that adult Lahontan cutthroat trout may be present in the reach from Walker Lake to Weber Reservoir. 



  • Petition 2002-04 (LCB R-129-01) is a permanent amendment to NAC 445A.119 through 445A.225, the pollution control standards for water quality. The permanent regulation establishes water quality standards for Walker Lake. The regulation establishes beneficial uses and water quality standards to protect those uses. Proposed standards for Walker Lake include pH, dissolved oxygen, total suspended solids, temperature, dissolved oxygen, nitrite, total inorganic nitrogen, total phosphorus and E. Coli. See http://ndep.state.nv.us/admin/hear1800.htm 


Proposed Regulations-Air Quality




  • Hearing Dec. 11 on permanent amendment to NAC 445B.400 to 445B.774, the vehicle emission control program. The amendment adopts by reference a State of California regulation that became effective on July 25, 2001. The amendment requires model year 2005 and 2006 new heavy-duty diesel engines (HDDEs) with a Gross Vehicle Weight Rating (GVWR) of 14,001 pounds and greater to meet supplemental emission tests. The regulation establishes criteria and requirements for registration with the Nevada Department of Motor Vehicles. Definitions added include the applicable Executive Order, heavy-duty diesel engine, model year, new motor vehicle, new motor vehicle engine, ultimate purchaser, ultra-small volume manufacturer, and urban bus. See http://ndep.state.nv.us/admin/hear1800.htm 

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


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 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


Final TMDLs


 


 



 



  red bar graphic  NEW YORK


Department of Envtl. Conservation


Emergency Regulations-Radioactive Materials



  • An Emergency Adoption was filed with Department of State and became effective on Nov. 1 to amend 6 NYCRR Part 380 to regulate the disposal of the radioactive wastes generated by the extraction or concentration of uranium or thorium where such waste is not regulated by the U.S. Nuclear Regulatory Commission. This emergency rule was proposed for permanent adoption in the State Register on Nov. 15. It allows for this rule to be in effect while it goes through the rulemaking process for permanent adoption. The purpose of the rule is to control the disposal of wastes contaminated with the radioactive wastes from the extraction of uranium and thorium from ores. The rule requires that these radioactive wastes be disposed of at facilities authorized to accept radioactive waste, and will effectively exclude them from Part 360 and Part 373 landfills, unless a variance to Part 380 is requested and granted. Variances may be granted for slightly contaminated wastes, if the proposed disposal will have no significant adverse impact on the public health and safety or the environment. This emergency rule will be effective for 60 days from date of filing with Department of State; i.e., until Dec. 31. 

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. 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 CWA §404, 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. 


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 Jan. 2000, the U.S. Supreme Court ruled that isolated wetlands should not be federally regulated under the CWA (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 that 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 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



Application to Land Apply Pelletized Sewage in All Ohio Counties


red bar graphic  OREGON


Department of Envtl. Quality


Proposed TMDL



Air Permit Applications 



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions



DEQ Levies Penalties Totaling $108,493 During October


red bar graphic PENNSYLVANIA


Department of Envtl. Protection


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



  • Revision to the 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 have 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 CWA 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 and http://www.dep.state.pa.us/dep/subject/Draft_technical_guidance/392-0300-002.pdf 

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 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 that 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, or 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, national emission standards for hazardous air pollutants, 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 be 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


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


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Natural Resource Conservation Commission


General Permit-Stormwater Discharges from Industrial Facilities



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

Proposed Regulations-Miscellaneous



  • Senate Bill 5, Section1(b) requires a comprehensive plan (Texas Emissions Reduction Plan (TERP)) to reduce emissions from mobile sources. The TERP fund provides subsidies for the replacement of older diesel engines and the purchase of low emitting automobiles. The TERP is to be funded in part by contributions from stationary sources in the Dallas/Fort Worth and Houston/Galveston areas in exchange for deferment of a portion of their required NOx emissions. This rulemaking, in conjunction with a separate rulemaking in Chapter 101 (SB 1561:2001-063-101-AI) (see below), will implement the stationary source emissions trading portion of TERP. Hearings Dec. 18 and 20; comments due Jan. 7, 2002. See http://www.tnrcc.state.tx.us/oprd/hearings/01025d117_phn.pdf (notice) and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01025d117_pro.pdf (proposal).

  • SB 1561: Air Emissions Trading Across International Borders. Rules to authorize the use of emissions reductions achieved outside the U.S. to satisfy SIP requirements for U.S. areas near international borders (El Paso), and to allow substitution of emissions reductions of one air contaminant to satisfy emissions reduction requirements of another air contaminant. Hearings Dec. 17 and 18; comments due Jan. 7, 2002. See http://www.tnrcc.state.tx.us/oprd/hearings/01063101_phn.pdf and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01063101_pro.pdf 

  • SB 1175: Weather Modification Program. Provides that on the effective date of this act, all powers, duties, obligations, rights, records, employees, and property of the TNRCC that are used by the agency to administer the weather modification program are transferred to the Texas Department of Licensing and Regulation. Comments due Dec. 27. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01062281_pro.pdf and http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/01062289_pro.pdf 

  • 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 

  • 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 were 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 Mar. 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  

Permit Hearings



Public Hearings/Proposed Rule Tracking Log



October 2001 Draft Update to the Water Quality Management Plan for the State of Texas


red bar graphic  UTAH


Department of Envtl. Quality


Notices of 5-Year Rule Reviews, Proposed Continuations



Permit Applications


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Department of Envtl. Conservation


Proposed Regulations-On-Site Wastewater and Water Supply



Vermont Solid Waste Plan



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

Permit Applications


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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.

  • 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 

  • 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


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)


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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


red bar graphic  CLIMATE CHANGE



  • Negotiators in Morocco, with the U.S. observing but not actively participating, met beyond the scheduled hour for the conclusion of talks, finally agreeing on a detailed set of guidelines governing implementation of the Kyoto Protocol. Negotiators ultimately satisfied the last-minute demands of the Japanese, Russian, and Australian participants for more flexibility in the rules and other economic advantages.

  • Japan asked for and got an agreement that no decision would be made on penalties for noncompliance until after the Protocol enters into force. Russia achieved its goal of significantly increasing the quantity of carbon it could credit through the use of carbon sinks, hiking the total from the 17 million metric tons agreed on in Bonn to 33. Without these concessions, further progress on implementation would have been impossible, as both Japan and Russia are essential parties if the Protocol is to enter into force.

  • Meanwhile, the U.S. Department of Energy reported that carbon dioxide emissions in the United States last year increased by 3.1%, marking the biggest increase since the mid-1990s.

  • Subsequent to the Morocco agreement, the U.S. agreed to provide the U.N. Framework Convention on Climate Change data on gas emission inventories. Draft materials from an upcoming report are available at http://www.epa.gov/globalwaming/publications/natcom.html

  • Japan agreed to begin "full-scale preparations" for ratification, with legislative measures likely to be introduced in phases beginning early next year.

  • Global warming is causing the ice cap of Mount Kilimanjaro to disappear rapidly, and the mountain could lose all its ice by 2015, according to a report issued by Greenpeace.

  • The European Environment Agency issued a report, "Air Pollution by Ozone in Europe in Summer 2001." See http://reports.eea.eu.int/topic_report_2001_13/en

  • In a new study, James Hansen of NASA's Goddard Institute for Space Studies in New York, Marc Imhoff of NASA's Goddard Space Flight Center in Maryland and others, looking at historic data from 7,200 global weather stations, concluded that atmospheric carbon dioxide has increased by about 10% since 1958, with current levels increasing by about 0.4% a year, and that at least part of the change is due to human activity.