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Weekly Update Volume 31, Issue 35

12/10/2001

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


red bar graphic  CERCLA, PARENT LIABILITY, CLEANUP COSTS:

The First Circuit held that the U.S. Supreme Court's decision in United States v. Bestfoods, 524 U.S. 51, 28 ELR 21225 (1998), does not render the prospective application of a 1990 declaratory judgment inapplicable within the meaning of Rule 60(b)(5) of the Federal Rules of Civil Procedure (FRCP). In 1990, a district court found a corporation liable for cleanup costs associated with the release of trichloroethylene (TCE) at its subsidiary's facility and issued a declaratory judgment holding the corporation liable for future response costs. In 1998, the United States sought additional response costs from the corporation incurred since 1990 pursuant to the declaratory judgment. Shortly after the government's action was filed, the U.S. Supreme Court decided Bestfoods, which set forth the standard for holding a parent corporation liable for its subsidiary's acts. The corporation contested the government's claim for additional response costs. It argued that Bestfoods changed the CERCLA liability standards applied in the 1990 case and rendered the prospective application of the 1990 declaratory judgment "no longer equitable" under FRCP Rule 60(b)(5). However, Bestfoods would not alter the district court's determination that the corporation was liable as an operator. The district court in the 1990 case expressly found that the corporation directed the subsidiary's activities with respect to environmental matters, in general, and operation of the facility using TCE, in particular. The record, therefore, demonstrates "control" by the corporation in the manner required by Bestfoods. Thus, the corporation's request for relief under FRCP Rule 60(b)(5) was properly denied. United States v. Kayser-Roth Corp., No. 00-2038 (1st Cir. Dec. 3, 2001) (21 pp.).

red bar graphic  RCRA, INVESTIGATION, REMEDIATION, REIMBURSEMENT:

A district court dismissed a landowner's RCRA claims against a neighboring service station for failing to investigate and remediate possible contamination on the landowner's property and for failing to reimburse the landowner for past investigation and remediation costs. After learning of contamination on its own property, the service station offered to investigate the neighboring landowner's property for possible contamination. The landowner refused to let the service station investigate its property unless the station agreed to remediate any contamination found. The service station declined, and the landowner filed suit under RCRA and state law. Although the service station has a duty to investigate possible contamination on the landowner's property, the landowner may not use its own refusal of the service station's investigation to charge the service station with failure to investigate under RCRA. Thus, the landowner's failure to investigate claim was dismissed. In addition, RCRA regulations do not require owners and operators to begin to remediate any contamination before they investigate. Because the station has not had an opportunity to investigate the landowner's property, any claim the landowner may have against the service station for remediation is premature. Similarly, citizen suits under RCRA do not permit recovery of money spent on past cleanup efforts. Consequently, the landowner's failure to reimburse claim was also dismissed. The court, however, refused to exercise supplemental jurisdiction over the landowner's state-law claims and, thus, dismissed those claims without prejudice. Albany Bank & Trust Co. v. Exxon Mobil Corp., No. 01 C 6353 (N.D. Ill. Nov. 23, 2001) (Lindberg, J.) (9 pp.).

red bar graphic  NATURAL GAS ACT, SETTLEMENT AGREEMENT:

The D.C. Circuit upheld FERC orders issued in connection with its approval of a rate settlement between a pipeline operator and shippers of natural gas. The pipeline operator first sought a rate increase under the Natural Gas Act in 1997, and FERC approved a settlement reached between the operator and all but one of the shippers. In 1999, the pipeline operator sought a second rate increase. As a result, FERC extended the rate covered by the 1997 settlement to all shippers--including the sole shipper not party to the 1997 settlement--for the period between 1997 and 1999. FERC reasoned that there was no way that the nonsettling shipper could benefit from pursuit of its claims in the 1997 case. The nonsettling shipper contested FERC's order approving the 1997 settlement, arguing that there was no substantial evidence that the settlement rates were just and reasonable. However, the parties to the 1997 settlement agreed to it, thus, FERC was only required to find that the settlement was fair and reasonable. The nonettling shipper also challenged FERC's finding that the shipper had nothing to gain from pursuit of its claims in the 1997 case. The nonsettling shipper argued that the previous rates, which were lower than those agreed to in the 1997 settlement, could become a floor for refunds under §4 of the Natural Gas Act. Prior case law, however, provides that the floor cannot be lower than the settlement rate. The shipper also sought review of a FERC order setting ground rules for the 1999 case. But because FERC has yet to issue a final adjudication on the 1999 case, the court lacks jurisdiction. Amoco Production Co. v. Federal Energy Regulatory Commission, No. 00-1492 (D.C. Cir. Nov. 30, 2001) (5 pp.).

red bar graphic  LAND USE, MINERAL RIGHTS, CHOICE OF LAW:

The Fifth Circuit upheld a district court decision that Louisiana Act 315 of 1940 cannot be applied retroactively to mineral servitudes created prior to the Act but can be applied prospectively to post-1940 transfers. In 1929, a mineral servitude was created for two parcels of land in Louisiana. Between 1933 and 1938, the U.S. government acquired the surface estate of the parcels. Between 1952 and 1970, the United States instituted a mineral moratorium that prevented the owners of the mineral rights from entering those lands. The moratorium was terminated in 1978. In 1992, the United States granted leases allowing exploration of minerals under the two parcels. The original holders of the mineral rights then filed suit against the United States seeking to quiet title to the mineral servitudes on the land and a declaration that the leases were invalid. They relied on Louisiana Act 315 of 1940, which provides that mineral rights shall be imprescriptible when the United States owns the surface estate. In this case, however, federal law applies. Thus, Louisiana Act 315 cannot be applied retroactively as a matter of federal common law. Nevertheless, residual (pre-1940) Louisiana law may provide the federal rule of decision for pre-1940 transactions. Louisiana law has consistently recognized that a mineral servitude may expire, or prescribe, after 10 years of non-use. Here, no obstacle existed after the moratorium ended in 1978 to legally suspend the moratorium. Moreover, an obstacle must cover the entirety of the land subject to the servitude before it can suspend prescription as a matter of Louisiana law. The servitudes at issue, therefore, have prescribed for non-use. Louisiana Act 315, however, may be applied prospectively to post-1940 transfers. Thus, a mineral servitude created after 1940 on a third parcel of land is imprescriptible. Central Pines Land Co. v. United States, No. 00-31024 (5th Cir. Nov. 28, 2001) (15 pp.).

red bar graphic  ALASKA NATIVE CLAIMS SETTLEMENT ACT (ANCSA), TAKINGS, BREACH:

The Federal Circuit upheld the dismissal of a native corporation's complaint that a 1995 amendment to ANSCA, which clarified that regional corporations do not have to share the proceeds from sales of net operating loss (NOL) deductions, constituted a taking, a breach of trust, and a breach of contract. ANCSA provides that a regional corporation must share with other regional corporations revenue received from the timber resources and subsurface estate patented to it under the Act. Here, the NOL sales generated revenues from sales of financial interests related to tax status, not from tangible timber or mineral estates. The native corporation, therefore, does not possess a compensable property right in the regional corporations' revenue from the NOL sales and, hence, no taking occurred. In addition, ANCSA did not create a trust relationship mandating the United States' payment of money for breach of trust. Similarly, ANSCA did not create a contract between the United States and Alaska natives and, thus, there can be no breach. Bay View, Inc. v. United States, No. 00-5097 (Fed. Cir. Dec. 3, 2001) (9 pp.).

red bar graphic  MAGNUSON-STEVENS ACT, FISHING QUOTAS, FISHERY MANAGEMENT PLAN (FMP):

A district court dismissed on motions for summary judgment a fishing association's claims against the Secretary of Commerce challenging the NMFS' 2001 summer flounder quotas and summer flounder FMP regulations. The association argued that by allowing recreational fisherman to land summer flounder without the consequence of an overage reduction or a pre-season closure, the NMFS reduced the optimum yield for the commercial and recreational sectors in violation of National Standard One. Overages in a particular segment of the fishery from year to year, however, do not preclude attainment of optimum yield. The association also argued that because the new biomass target reduces the fishing mortality rate for 2001 below the level set in the flounder FMP, the 2001 quota does not provide the optimum yield for either the recreational or commercial sectors. The NMFS' determination, however, that the lower biomass target will have the beneficial impact of getting the stock to a level that produces optimum yield by allowing the biomass to grow more quickly as a result of less fishing is supported by the evidence. The association also argued that the 2001 quota violated National Standard Two because it does not rely on the best scientific evidence and because the NMFS failed to adequately explain its decision. But the fact that scientific information concerning a fishery is incomplete does not invalidate the NMFS' decision to proceed based on existing scientific data. In addition, the association's challenge to regulations arising under Amendment 2 to the summer flounder FMP is barred by the 30-day statute of limitations, and its claim that the NMFS failed to provide the association with a timely adjusted quota for the 2001 summer flounder fishing season is moot due to a previous court order. North Carolina Fisheries Assoc. v. Evans, No. 2:01cv149 (E.D. Va. Nov. 13, 2001) (Friedman, J.) (20 pp.) (Defense counsel include Mark A. Brown of the U.S. Department of Justice office in Washington, DC).

red bar graphic  INSURANCE LAW, POLICY EXCLUSION, STATE CLEANUP FUND:

The Vermont Supreme Court affirmed a lower court decision ordering an insurance company to pay restitution to the state of Vermont for costs incurred in the investigation and cleanup of an underground petroleum leak. After an underground petroleum tank was found to be contaminating a town's drinking water, the state ordered the owner of the tank to clean up the contamination. In so doing, the owner received reimbursement from the state petroleum cleanup fund. The state then filed suit against the owner's insurance company seeking reimbursement for its cleanup and investigation costs. A trial court found in favor of the state, and the insurance company appealed. Although the state is not insured by the insurance company, it has standing. The petroleum cleanup fund statute authorizes the state to seek restitution to the fund for clean-up expenditures where there is insurance coverage for pollution damages. Moreover, although an endorsement to the policy excludes costs associated with a state-directed clean-up of an owner's property, state-directed clean-up costs are covered by the policy if, as here, the insured caused third-party property damage. In addition, the facts were sufficient to find that the underground petroleum leak was an occurrence that triggered coverage under the policy. The trial court, however, failed to establish an allocation of damages. The case was therefore remanded on this issue. Agency of Natural Resources v. United States Fire Insurance Co., No. 2000-287 (Vt. Nov. 21, 2001) (7 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 extended for one year the compliance date for regulations for incinerators, cement kilns, and lightweight aggregate kilns that burn hazardous waste, promulgated on September 30, 1999 (NESHAPs for Hazardous Air Pollutants for Hazardous Waste Combustors). 66 FR 63313 (12/6/01). 

  • EPA proposed to establish April 15 as a new annual compliance date for reformulated gasoline (RFG) and reformulated blendstock for oxygenate blending on or after which no persons except retailers and wholesale purchaser consumers would be able to accept receipt of any RFG other than summer grade RFG. 66 FR 60163 (12/3/01). 

  • EPA approved revisions to Connecticut's state plan for municipal waste combustors. 66 FR 63311 (12/6/01). 

red bar graphic  ENDANGERED SPECIES:



  • FWS determined that the distinct population segment of gopher frog in Mississippi is an endangered species under the ESA. 66 FR 62993 (12/4/01). 

red bar graphic  HAZARDOUS WASTES & SUBSTANCES:



  • EPA entered into a proposed prospective purchaser agreement under CERCLA, RCRA, and the Missouri Hazardous Waste Law in connection with the Sentinal Wood Treating site in Ava Douglas County, Missouri. 66 FR 60210 (12/3/01). 

  • EPA granted a petition to modify an exclusion from the lists of hazardous waste previously granted to Geological Reclamation Operations and Waste Systems, Inc., that increases the maximum annual volume of waste covered by its current exclusion. 66 FR 62973 (12/4/01).

  • EPA reissued an exemption to the land disposal restrictions under RCRA to E.I. du Pont de Nemours & Company for three class I injection wells located in Beaumont, Texas. 66 FR 60210 (12/3/01).  

  • EPA approved revisions to Indiana's hazardous waste program under RCRA. 66 FR 63331 (12/6/01). 

red bar graphic  RULEMAKING:



  • The federal agencies issued their semiannual regulatory agendas providing specific information on the status of regulations under development and revision. Rulemaking actions are grouped according to prerulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the May 2001 agenda. (12/3/01). 

red bar graphic  SMCRA PROGRAM APPROVAL:



  • OSM approved an amendment to Utah's regulatory program under SMCRA. 66 FR 62917 (12/4/01). 

red bar graphic  TRANSPORTATION:



  • The Research and Special Programs Administration proposed a number of revisions to the Hazardous Materials Regulations that should increase the safety of cargo tanks transporting hazardous materials; provide greater flexibility in design and construction of cargo tanks; and reduce operating burdens for owners, operators, and manufacturers of cargo tank motor vehicles. 66 FR 63095 (12/4/01). 

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



  • Dow Chemical Co. v. Acme Wrecking Co., Nos. C-1-97-0307 et al (S.D. Ohio Nov. 14, 2001). One settling CERCLA defendant must pay $23,695 in U.S. response costs incurred at the Skinner Landfill Superfund site in West Chester, Ohio, and must pay $94,780 to parties performing work at the site; a second defendant must pay $14,000 in U.S. response costs incurred at the site and must pay $56,000 to the parties performing work at the site; and a third CERCLA defendant must pay $3,800 in U.S. response costs and must pay $15,200 to the performing parties. 66 FR 63255 (12/5/01). 

  • United States v. American Allied Additives, Inc., No. 00-01014 (N.D. Ohio Nov. 14, 2001). A settling CERCLA defendant must pay $2,500 in U.S. response costs incurred in connection with the American Allied Additives Superfund site in Cleveland, Ohio, and a second CERCLA defendant must pay $10,000 in U.S. response costs. 66 FR 63256 (12/5/01). 

  • United States v. Equilon Pipeline Co., No. H-01 3171 (S.D. Tex. Sept. 17, 2001). A settling OPA defendant that discharged oil and gasoline into U.S. waters in the vicinity of the San Jacinto River in Texas must purchase 100 acres of replacement property and must make a $250,000 payment for the construction of estuarine and freshwater habitat. 66 FR 63256 (12/5/01). 

  • United States v. Gallo Glass Co., No. C 01 3350 JL (N.D. Cal. Nov. 8, 2001). Settling CWA defendants must pay $95,000 in civil penalties for the excavation and deep ripping of 260 acres of wetlands and for depositing fill material into approximately 12.5 acres of drainage, swales, and creeks in wetlands adjacent to Washoe Creek near Cotati, California; are prohibited from discharging pollutants into U.S. waters; and must provide compensatory mitigation. 66 FR 63257 (12/5/01). 

  • United States v. VanDerVeen, No. 00-1159-KI (D. Or. Nov. 15, 2001). Settling CWA defendants that discharged manure from a dairy in McMinnville, Oregon, into a creek and failed to comply with a 1998 EPA administrative order must pay a $1,000 civil penalty and are prohibited from making future discharges. 66 FR 63257 (12/5/01). 

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

THE CONGRESSlarge red bar graphic

  red bar graphic  CHAMBER ACTION



  • H.R. 2115 (Water Resources), which would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of a project to reclaim and reuse wastewater within and outside of the service area of the Lakehaven Utility District in Washington state, was passed by the House. 147 Cong. Rec. H8855 (daily ed. Dec. 5, 2001).

  • H.R. 2238 (Fern Lake Conservation and Recreation Act), which would authorize the Secretary of the Interior to acquire Fern Lake and the surrounding watershed in Kentucky and Tennessee for addition to Cumberland Gap National Historical Park, was passed by the House. 147 Cong. Rec. H8853 (daily ed. Dec. 5, 2001).

  • H.R. 3322 (Bear River Migratory Bird Refuge), which would authorize the Secretary of the Interior to construct an education and administrative center at the Bear River Migratory Bird Refuge in Box Elder County, Utah, was passed by the House. 147 Cong. Rec. H8852 (daily ed. Dec. 5, 2001). 

red bar graphic  COMMITTEE ACTION



  • H.R. 38 (Homestead National Monument) was reported by the House Committee on Resources. H. Rep. No. 107-325, 147 Cong. Rec. H9076 (daily ed. Dec. 6, 2001). The bill would provide for additional lands to be included within the boundaries of the Homestead National Monument of America in Nebraska.

  • H.R. 64 (EPA) was reported by the House Committee on Science. H. Rep. No. 107-311, 147 Cong. Rec. H8745 (daily ed. Nov. 30, 2001). The bill would provide for the establishment of the position of Deputy Administrator for Science and Technology of EPA.

  • H.R. 643 (African Elephant Conservation Act) was reported by the Senate Committee on Environment and Public Works. S. Rep. No. 107-104, 147 Cong. Rec. S12247 (daily ed. Nov. 30, 2001). The bill would reauthorize the African Elephant Conservation Act. 

  • H.R. 645 (Rhinoceros and Tiger Conservation Act) was reported by the Senate Committee on Environment and Public Works. S. Rep. No. 107-105, 147 Cong. Rec. S12247 (daily ed. Nov. 30, 2001). The bill would reauthorize the Rhinoceros and Tiger Conservation Act of 1994.

  • H.R. 1576 (James Peak Wilderness) was reported by the Committee on Resources. H. Rep. No. 107-316, 147 Cong. Rec. 8947 (daily ed.. Dec. 5, 2001). The bill would designate the James Peak Wilderness and Protection Area in the Arapaho and Roosevelt National Forests in Colorado.

  • H.R. 1925 (Waco Mammoth Site) was reported by the House Committee on Resources. H. Rep. No. 107-317, 147 Cong. Rec. 8947 (daily ed. Dec. 5, 2001). The bill would direct the Secretary of the Interior to study the suitability and feasibility of designating the Waco Mammoth Site Area in Waco, Texas, as a unit of the National Park System.

  • H.R. 1963 (national trails) was reported by the House Committee on Resources. H. Rep. No. 107-318, 147 Cong. Rec. 8947 (daily ed. Dec. 5, 2001). The bill would amend the National Trails System Act to designate the route taken by American soldier and frontiersman George Rogers Clark and his men during the Revolutionary War to capture the British forts at Kaskaskia and Cahokia, Illinois, and Vincennes, Indiana, for study for potential addition to the National Trails System.

  • H.R. 2234 (Tumacacori National Historical Park) was reported by the House Committee on Resources. H. Rep. No. 107-327, 147 Cong. Rec. H9076 (daily ed. Dec. 6, 2001). The bill would revise the boundary of the Tumacacori National Historical Park in Arizona.

  • H.R. 3334 (Humboldt Bay National Wildlife Refuge) was reported by the House Committee on Resources. H. Rep. No. 107-319, 147 Cong. Rec. H8947 (daily ed. Dec. 5, 2001). The bill would designate the Richard J. Guadagno Headquarters and Visitors Center at Humboldt Bay National Wildlife Refuge, California. A related bill, S. 1773, was introduced in the Senate this period.

red bar graphic  BILLS INTRODUCED



  • S. 1768 (Feinstein, D-Cal.) (water resources) would authorize the Secretary of the Interior to implement the Calfed Bay-Delta Program. 147 Cong. Rec. S12447 (daily ed. Dec. 5, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 1769 (Boxer, D-Cal.) (flood protection) would authorize the Secretary of the Army to carry out a project for flood protection and ecosystem restoration for Sacramento, California. 147 Cong. Rec. S12447 (daily ed. Dec. 5, 2001). The bill was referred to the Committee on Environment and Public Works. A companion bill. H.R. 3399, was introduced in the House this period.

  • S. 1773 (Boxer, D-Cal.) (Humboldt Bay National Wildlife Refuge) would designate the Richard J. Guadagno Headquarters and Visitors Center at Humboldt Bay National Wildlife Refuge, California. 147 Cong. Rec. S12447 (daily ed. Dec. 5, 2001). The bill was referred to the Committee on Environment and Public Works. A related bill, H.R. 3334, was reported in the Senate this period.

  • H.R. 3399 (Matsuit, D-Cal.) (flood protection) would authorize the Secretary of the Army to carry out a project for flood protection and ecosystem restoration for Sacramento, California. 147 Cong. Rec. H8842 (daily ed. Dec. 4, 2001). The bill was referred to the Committee on Transportation and Infrastructure. A companion bill, S. 1769, was introduced in the Senate this period.

  • H.R. 3401 (Radanovich, R-Cal.) (land conveyance) would provide for the conveyance of U.S. Forest Service facilities and lands comprising the Five Mile Regional Learning Center in California to the Clovis Unified School District and would authorize a new special use permit regarding the continued use of unconveyed lands comprising the Center. 147 Cong. Rec. H8842 (daily ed. Dec. 4, 2001). The bill was referred to the Committee on Resources.

  • H.R. 3403 (Weiner, D-N.Y.) (airports) would direct the Secretary of Transportation to issue a final regulation prohibiting certain aircraft departing from John F. Kennedy Airport in Queens County, New York, from flying over the Rockaway Peninsula in Queens County, New York. 147 Cong. Rec. H8842 (daily ed. Dec. 4, 2001). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 3406 (Barton, R-Tex.) (energy restructuring) would remove barriers to the development of competitive markets for electric power, would provide for the reliability and increased capacity of the nation's electric transmission networks, and would promote the use of renewable and alternative sources of electric power generation. 147 Cong. Rec. H8948 (daily ed. Dec. 5, 2001). The bill was referred to the Committees on Energy and Commerce, and Transportation and Infrastructure, and Resources.

  • H.R. 3421 (Radanovich, R-Cal.) (Yosemite National Park) would provide adequate school facilities within Yosemite National Park. 147 Cong. Rec. H9076 (daily ed. Dec. 6, 2001).  The bill was referred to the Committees on Resources, and Education and the Workforce.

  • H.R. 3434 (Hooley, D-Or.) (national parks) would authorize the Secretary of the Interior to acquire the McLoughlin House National Historic Site in Oregon City, Oregon, and to administer the site as a unit of the National Park System. 147 Cong. Rec. H9076 (daily ed. Dec. 6, 2001). The bill was referred to the Committee on Resources.

  • H.R. 3438 (Simpson, R-Idaho) (conservation reserve program) would authorize the state committees appointed to carry out agricultural credit programs under the Consolidated Farm and Rural Development Act to permit the emergency commercial use of land enrolled in the conservation reserve program. 147 Cong. Rec. H9076 (daily ed. Dec. 6, 2001). The bill was referred to the Committee on Agriculture.

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

IN THE STATES
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red bar graphic ALABAMA


Department of Environmental 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 was 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-USTs




  • Proposed changes to oil and hazardous substances pollution control regulations, 18 AAC 75, USTs regulations, 18 AAC 78, and the Department’s UST Procedures Manual. Comments due Jan. 3, 2002. Changes are being made to Chapter 75 to update and modify the regulations and references to guidance documents, correct errors, clarify the intent and purpose of the regulations, update soil cleanup levels, modify offsite and portable treatment facilities requirements, add a timeframe for appeals, modify various definitions, modify and adjust civil penalties, modify sampling and analysis requirements, and refine the regulations to be consistent with 18 AAC 78. 

    Changes are being made to Chapter 78 to simplify and clarify the UST prevention, operation, and maintenance requirements, revise priority ranking scoring for continuing projects and loan priority ranking exemption, revise the Board of Storage Tank Assistance funding application and allocation language, revise dispute resolution to allow for more flexibility, correct errors and incorrect cross referencing to other sections, eliminate the grandfather clauses that reference old analytical lab methods, make improvements to standardize the requirements to assist third party inspectors in the evaluation of operations compliance of UST systems,  eliminate duplicative leak detection requirements, modify offsite and portable treatment facilities requirements, update codes of practice, update spill and overfill control requirements, make improvements to promote clarity of intent and purpose of the regulations, update and modify references to the UST Procedures Manual and other reference documents and guidance, make the regulations consistent with statutes, and refine the regulations to be consistent with 18 AAC 75. 

    The Department is also proposing to update the UST Procedures Manual that is adopted by reference in 18 AAC 78. Changes in the Procedures Manual include treatment checklists, standard sampling procedures, Tables 1 and 2, and Appendices A, B, C, D, and E. See http://www.state.ak.us/local/akpages/ENV.CONSERV/title18/proposed/7578pubcm.pdf and http://www.state.ak.us/local/akpages/ENV.CONSERV/dec_cal.htm#downl 


Proposed Regulations-Drinking Water Quality



red bar graphic  ARIZONA



Department of Environmental Quality



"Listening Sessions" Scheduled to Discuss Water Quality Regulations



  • ADEQ is hosting eight "listening sessions" around the state in December and January to receive public feedback on water quality rules that it revised in Jan. 2001. ADEQ will consider this information for a rulemaking that is scheduled to be proposed in 2002. The rules establish the requirements for Aquifer Protection Permit and Reclaimed Water Permits. Under the Aquifer Protection Permit rule, or the Unified Water Quality Permit rule as it is also known, (18 Arizona Administrative Code [A.A.C.] Ch. 9, Articles 1, 2 and 3), ADEQ issues permits to control discharges from domestic wastewater treatment plants, mining operations, industrial facilities, sewage collection systems, and on-site sewage disposal systems. The Reclaimed Water Permits rule (18 A.A.C. Ch 9, Articles 6 and 7) provides for directly using reclaimed water for beneficial uses while protecting groundwater quality and conserving potable water sources for human consumption and domestic uses. For information, see http://www.adeq.state.az.us/comm/pr/2001/nov01.html#1114 

Safe Drinking Water Workshops Announced



Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements


red bar graphic ARKANSAS


Department of Environmental Quality


Proposed Penalties, Consent Orders




  • CONSENT ADMINISTRATIVE ORDERS

    Alumax Foils, Inc., Russellville, Air Division, $4,000 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, $1,350 penalty; Collision Connection, Springdale Hazardous Waste Division, $1,350 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, $3,000 penalty; Phillips Litho Co., Springdale Hazardous Waste Division, $1,350 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, $3,500 penalty; University of Arkansas, Fayetteville Hazardous Waste Division, no penalty; VP Buildings, Pine Bluff Air Division, $2,500 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. 

red bar graphic CALIFORNIA


Air Resources Board


Dec. 13 Board Meeting Agenda



Public Meeting to Consider Draft Recommendations on Guidance for Penalty Assessments at Petroleum Refineries



  • At Dec. 13 Board meeting, staff will provide a report on the enforcement practices of the local air districts at petroleum refineries, and make draft recommendations on minimum penalty assessments for violations of air quality rules and regulations at these facilities. See http://www.arb.ca.gov/cbg/meeting/2001/mtg2001.htm 

Public Meeting to Consider Phase 3 Gasoline Status Report



  • At Dec. 13 Board meeting, staff will provide a semiannual report on the status of the implementation of the California Reformulated Gasoline Phase 3 (CaRFG3) regulations pursuant to ARB Resolution 99-39 from Dec. 9, 1999, including an update on staff's evaluation of the impacts of commingling and permeation. See http://www.arb.ca.gov/cbg/carfg3/carfg3.htm 

Proposed Environmental Justice Policies



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/cmvsip.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 the 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



New Residential Waste Burning Air Toxics Control Measure Webpage



New Title V Permits Search Engine



Department of Toxic Substances Control


Proposed Regulations-Permit Modification Applicability



Proposed Regulations-Groundwater Remediation Loan Program



Proposed Regulations-Mercury-Containing Waste



Public Notices-Permit Applications



Integrated Waste Management Board


Jan. 22-23, 2002, Board Meeting Agenda



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 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 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 were 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 ran 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-Miscellaneous



Water Resources Control Board


Proposed Regulations-Water Quality Enforcement Policy





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



South Coast Air Quality Management District (SCAQMD)


Stricter Smog Check Program Proposed for Certain Areas of Riverside and San Bernardino Counties-Public Consultation Notice



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 Environmental Protection


Final Regulations-Hazardous Waste Management




  • The newly adopted revisions include the addition of two key U.S. EPA rules--the universal waste rule and standards for the management of used oil. The universal waste rule establishes management requirements for batteries, thermostats, pesticides, and lamps. This rule will facilitate the recycling of these wastes and help in removing them from the solid waste stream. The used oil management standards establish modified requirements for used oil generators, transporters, processors, re-refiners, burners, and marketers.

    In addition to the hazardous waste regulations revisions, the newly adopted regulations revised section 22a-454-1 of the Regulations of Connecticut State Agencies, which relates to hazardous materials management permit fees, and added section 22a-209-17 of the Regulations of Connecticut State Agencies to the state's solid waste regulations. This new section establishes standards for the management of mercury-containing lamps that qualify as a solid but not as a hazardous waste. These new standards mirror the universal waste rule standards. Effective Oct. 31. See http://dep.state.ct.us/wst/hw/hwregs.htm 


State on Target to Implement Clean Air Regulations; Total Compliance with Jan. 1, 2002
Sulfur Emission Reduction Deadlines Expected 



Permit Hearings-Calendar


red bar graphic DELAWARE


Department of Natural Resources and Environmental Control


Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Department of Environmental Protection



Public Workshop-Environmental Regulation Commission



  • DATE AND TIME: Dec. 11, 2001, 9:00 a.m. PLACE: Conference Room A, Douglas Building, 3900 Commonwealth Blvd., Tallahassee, FL. GENERAL SUBJECT MATTER TO BE CONSIDERED: The regularly scheduled meeting of the ERC will include several briefings. Briefings include: Rules Under Development; Rules Under Appeal; Everglades Phosphorus Criterion; proposed amendments to Chapters 62-4 and 62-302, Florida Administrative Code (F.A.C.), in response to the Department’s comprehensive review of the state’s surface water quality standards, Triennial Review, as required under the CWA; and Chapter 62-532, F.A.C., Water Well Permitting and Construction Standards. Time will be allotted at the end of the meeting for public comment. A copy of the agenda may be obtained by contacting: Jacqueline McGorty, Department of Environmental Protection, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000, (850) 921-9660.

Public Workshop-Drinking Water Quality



  • DATE AND TIME: Dec. 11, 2001, 9:00 a.m. PLACE: Sarasota County Health Department, 1301 Cattleman Road, Sarasota, FL. DATE AND TIME: Dec. 12, 2001, 9:00 a.m. PLACE: Southeast District Office, Florida Department of Environmental Protection, 400 North Congress Avenue, West Palm Beach, FL. DATE AND TIME: Dec. 14, 2001, 9:00 a.m. (Central Time). PLACE: Gulf Coast Community College, Building L, Language Arts Lecture Hall, 5230 West Highway 98, Panama City, FL. GENERAL SUBJECT MATTER TO BE CONSIDERED: The Department plans to gather public comment on possible amendments to surface water treatment rules for drinking water systems and to provide training in disinfection byproducts sampling. A copy of the agenda may be obtained by writing: Virginia Harmon, Department of Environmental Protection, Drinking Water Section, MS 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or by calling Virginia Harmon, (850) 921-6844.

Public Workshop-Water Well Contractors



  • Public workshop on proposed amendments to Chapter 62-531, Water Well Contractors. DATE AND TIME: Dec. 13, 5:00 p.m. (Eastern Standard Time). PLACE: South Florida Water Management District, Fort Myers Service Center, 2301 McGregor Boulevard, Fort Myers, Fla. 33901. GENERAL SUBJECT MATTER TO BE CONSIDERED: Update the points and monetary matrix of the Water Well Contractor Disciplinary Guidelines and Procedures Manual in order to provide more stringent disciplinary action for violations during the construction, repair, or abandonment of water wells. Proposed amendments will also require approved course work be completed prior to becoming a licensed water well contractor and continuing education be completed for each renewal cycle of a license.

Public Workshops-Draft Water Conservation Initiative Report



  • DATE AND TIME: Dec. 14, 10:00 a.m. PLACE: Stavros Institute, Enterprise Village, 12100 Starke Road, Largo, Fla. DATE AND TIME: Dec. 18, 10:00 a.m. PLACE: South Florida Water Management District Governing Board Room, 3301 Gun Club Road, West Palm Beach, Fla. DATE AND TIME: Dec. 19, 1:00 p.m. PLACE: Department of Environmental Protection, Room 609 Twin Towers Building, 2600 Blair Stone Road, Tallahassee, Fla. GENERAL SUBJECT MATTER TO BE CONSIDERED: To receive comments on the public review draft of the Florida Water Conservation Initiative Report that was developed by the Department in coordination with the five water management districts, the Department of Agriculture and Consumer Services, the Public Service Commission, and six work groups comprised of interested citizens, business interests, environmental groups, water supply utilities, agriculture interests, government representatives, and others. The primary goal of the workshops is to continue gathering information in preparation for completing the draft Department report on ways to increase water use efficiency. The recommendations in the draft report are intended to improve the efficient use of water (including reclaimed water) throughout the state. The recommendations cover six broad areas of interest including: Non-Agricultural Irrigation; Indoor Water Use and Water Features; Agricultural Irrigation; Industrial, Commercial and Institutional Use; Water Pricing to Promote Conservation; and Reuse of Reclaimed Water. 

Proposed Rule Workshop-Wastewater Facilities



  • DATE AND TIME: Dec. 12, 2001, 9:00 a.m –4:00 p.m. PLACE: Room A204, Twin Towers, Lab Complex, 2600 Blair Stone Road, Tallahassee, Fla. GENERAL SUBJECT MATTER TO BE CONSIDERED: This public meeting is the first meeting of the Technical Advisory Committee which was formed to provide technical assistance to the Department during development of proposed revisions to Rule 62-620, Florida Administrative Code (F.A.C.), Wastewater Facilities and Activities Permitting. This rulemaking implements specific provisions of §403.0882, Florida Statutes (F.S.) regarding Demineralization Concentrate Disposal. The legislation directs the Department to conduct rulemaking to develop permit applications for concentrate disposal, options and requirements for concentrate disposal, requirements and methods for evaluating effluent mixing in receiving waters, and toxicity provisions.

Public Workshop-Numeric Nutrient Criteria



  • DATE AND TIME: Wednesday, Dec. 12, 2001, 9:00 a.m.–4:00 p.m. PLACE: Florida Department of Environmental Protection, Conference Room A, Marjory Stoneman Douglas Building, 3900 Commonwealth Boulevard, Tallahassee, FL 32399. GENERAL SUBJECT MATTER TO BE CONSIDERED: To discuss a strategy for the development of numeric nutrient criteria for Florida’s surface waters. A copy of the agenda for the meeting may be obtained by contacting Mrs. Pat Waters, Department of Environmental Protection, 2600 Blair Stone Road, Watershed Assessment Section, MS 3555, Tallahassee, Florida 32399-2400 or by calling her, at (850) 488-0780.

Air Quality Regulations-Rule Development Update



Southwest Florida Water Management District


Proposed Regulations



  • The purpose of the proposed amendments is to incorporate into the District’s rules several revisions to the environmental resource permitting (ERP) rules regarding activities associated with mining. The proposed amendments will add to 40D-4, Florida Administrative Code (F.A.C.), a slightly modified version of the definition of prospecting that was previously found in Chapter 40D-45, F.A.C. The amendments will also exempt mining or mining related activities previously permitted or exempt pursuant to Chapter 40D-45, F.A.C., and revise a provision of §3.3.2.1 of the ERP Basis of Review (BOR) regarding wetland creation, restoration, and enhancement as mitigation. The revised language in the BOR will track the statutory provisions of §373.414(6)(b), Florida Statutes (F.S.).  The proposed definition differs from the prior definition of prospecting in that it adds the word "natural" before the word "deposits" at the end of the sentence. The definition is necessary to the implementation of the District’s proposed Noticed General Permit for Prospecting. The proposed amendment to Rule 40D-4.051, F.A.C., will create an exemption for mining or mining-related activities that were previously permitted or determined to be exempt pursuant to Chapter 40D-45, F.A.C. Such mining or mining-related activities will remain exempt from environmental resource permitting requirements so long as they are conducted in accordance with the terms and conditions approved in their permit or exemption confirmation letter. An alteration, as the term is defined in subsection 40D-4.021(7), F.A.C., of a system exempt pursuant to this provision will require an environmental resource permit. Finally, the proposed revision to §3.3.2.1 of the BOR will revise the language in paragraph (g) to more closely track the statutory language of subsection 373.414(6)(b), F.S., which provides that wetland reclamation activities for phosphate and heavy mineral mining conducted pursuant to Chapter 378, F.S., must be considered appropriate mitigation for wetland impacts if they maintain or improve water quality and the function of the biological systems present at the site prior to the commencement of mining activities. Two general permits will also be adopted. Hearing will be held if requested in accordance with the Fla. Administrative Procedures Act. 

red bar graphic GEORGIA


Department of Natural Resources, Environmental Protection Division


Permit Applications


red bar graphic HAWAII


Office of Environmental Quality Control


Air Quality-Permit Applications



Environmental Impact Notices


red bar graphic IDAHO


Department of Environmental Quality


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 Aug. 23, 2001; Illinois Register publication Sept. 7, 2001. 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: 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 



Open Regulatory Dockets



Environmental Protection Agency


Proposed TMDLs 


red bar graphic  INDIANA


Department of Environmental Management


Final Regulations-Air Quality



  • Amends 326 IAC 6-1concerning nonattainment area particulate limitations.

Final Regulations-Water Quality



  • Amends 327 IAC 8-2 concerning lead and copper.

Final Regulations-Underground Storage Tanks (USTs)



  • Amends 328 IAC 1, which governs the administration of the Underground Storage Tank Excess Liability Trust Fund (ELTF) and the payment of claims thereunder, to reflect the expiration of the 1998 deadline for upgrade of petroleum USTs and legislative changes made by HEA 2041. Amends the cost schedule for reimbursement and adds updates of statutory references. Repeals 328 IAC 1-1-5, 328 IAC 1-1-11, and 328 IAC 2.

Proposed Regulations-Air Quality



  • IDEM is soliciting public comment on amendments to 326 IAC 6-1-10.1 to revise the particulate matter emission limits at U.S. Steel-Gary Works.

  • IDEM is soliciting public comment on new rules concerning compliance monitoring requirements for sources that are required to obtain operating permits, and a new section in the general provisions rule (326 IAC 1-1) concerning types of data that can be used in enforcement actions, in response to the U.S. EPA's 1997 final rule (62 Fed. Reg. 8314) concerning credible evidence revisions. IDEM is also proposing technical corrections to rules at 326 IAC 3 and 326 IAC 7 concerning emissions monitoring requirements, source sampling procedures and testing, and reporting requirements for monitoring system malfunctions. If needed, this rulemaking may also include changes required by U.S. EPA to obtain approval of 326 IAC 3 into the state implementation plan.

  • 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



  • Amends 329 IAC 3.1-1-7 to achieve consistency with federal hazardous waste management regulations by incorporating by reference changes to the federal hazardous waste management regulations at 40 CFR 260 through 40 CFR 270, published in the Federal Register from July 10, 2000, through May 16, 2001. Amends 329 IAC 3.1-7-2 to be consistent with IC 13-22-4-3.1 by removing a provision that requires generators to enter waste handling codes on the Uniform Hazardous Waste Manifest. Amends 329 IAC 3.1-9-2 and 329 IAC 3.1-10-2 to be consistent with Public Law 143-2000 by removing provisions that require permitted treatment, storage, and disposal facilities to send copies of hazardous waste manifests to IDEM. Repeals 329 IAC 3.1-4-9.1 and 329 IAC 3.1-4-17.1.

  • 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/December-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; and
    • 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 

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


Permit Applications/Hearing Notices 



Natural Resources and Environmental Protection Cabinet, Division of Water


Permit Applications



Proposed Regulations-Concentrated Animal Feeding Operations



Proposed, Draft TMDLs


red bar graphic LOUISIANA


Department of Environmental Quality


Emergency Regulations-Laboratory Accreditation



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



Permit Applications


red bar graphic MARYLAND


Department of the Environment


Public Meetings/Hearings     


red bar graphic MASSACHUSETTS


Department of Environmental Protection


Draft TMDLs 



Draft Calendar Year 2002 Clean Water and Drinking Water SRF Project Priority List/Intended Use
Plans



Enforcement Actions


red bar graphic  MICHIGAN


Department of Environmental 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.

Permitting Calendar-Pending Permit Applications; Consent Orders  



Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin


red bar graphic MINNESOTA


Pollution Control Agency


Public Meetings-Water Quality-§303 List



  • Meetings scheduled for December (through Dec. 17; written comments accepted through Jan. 15, 2002) that will focus on activities related to restoring impaired surface waters. Discussion will be on a new list of impaired waters, a revised guidance manual, and proposed changes to Minnesota Rules Chapter 7050. The agency's new guidance manual describes in detail the methods the MPCA uses to assess the water quality of Minnesota's rivers and lakes. It also provides background information and rationale for these methods. The guidance manual helps MPCA staff determine whether water bodies meet the water quality standards spelled out in Minnesota Rules Chapter 7050. The MPCA is proposing to amend Minnesota Rules Chapter 7050 by adding a series of factors that describe the types of data and information the agency uses to determine whether rivers and lakes are meeting water quality standards. See http://statsbox.pca.state.mn.us/pca/news/newsRelease.cfm?NR=3064&type=2 

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: updating the rule to coincide with current solid waste management practices; eliminating rule requirements that are redundant or no longer needed; removing loopholes in the rule that make MPCA enforcement difficult or time consuming; and streamlining 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, Nov. 2001 through Feb. 2002; Draft rule Mar. 2002 through July 2002; Public notice proposed rule Aug. 2002; Respond to comments/hold hearing if required/make revisions as needed, Sept. 2002 through Dec. 2002; Finalize rule Dec. 2002. See http://www.pca.state.mn.us/waste/swrules.html#proposals 

Permit Applications, Other Notices



red bar graphic  MISSOURI


Department of Natural Resources


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 was 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 was Dec. 6; comments due Dec. 13. See http://mosl.sos.state.mo.us/moreg/2001/v26n20/v26n20b.pdf 


Proposed TMDLs



Water Pollution Control-Permit Applications


red bar graphic MONTANA


Department of Environmental Quality


Final Regulations-Air Quality



Permit Application, Public Comment Notices


red bar graphic NEBRASKA


Department of Environmental Quality


Proposed Regulations



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 Environmental 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 Environmental 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 the California Air Resource Board'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



Air Quality Bureau-Pending Permit Applications



Other Public Notices



  red bar graphic  NEW YORK


Office of the Governor


Designation of Portion of New York City Watershed as "Critical Resource Water"




  • The U.S. Army Corps of Engineers regulates the discharge of dredged and fill material into streams, rivers, lakes, wetlands and estuaries to protect against adverse impacts to aquatic resources. Under the Army Corps' Nationwide Permit Program, the Governor is authorized to designate water bodies or wetlands that have environmental or ecological significance as Critical Resource Waters. The Army Corps' District Engineer will provide public notice and an opportunity for public comment on this designation. Through the designation of a Critical Resource Water, projects and activities in that area are subject to a comprehensive review process under the Army Corps' Individual Permit Program, which provides for an analysis of alternatives and public review and comment. See http://www.state.ny.us/governor/press/year01/dec5_01.htm 


Department of Environmental Conservation


ALJ Rulings



Environmental Notice Bulletin (Permit Applications) 



Permit Applications



Coastal Management Program Notices


red bar graphic  NORTH CAROLINA


General Assembly


Wastewater Treatment Legislation Passes



  • H.B. 1019, passed Dec. 5, establishes fees, sets training course requirements for operators, addresses regulation of health sanitarians. See http://www.ncga.state.nc.us 

Department of Environment and Natural Resources


"Truth in Penalties" Enforcement Plan Described



Proposed Interbasin Transfer




  • The North Carolina Environmental Management Commission (EMC) will hold a public hearing to receive comments on the petition for an increase in interbasin transfer from the Catawba River Basin to the Rocky River Basin. Charlotte-Mecklenburg Utilities (CMUD) is requesting an increase from the grandfathered Interbasin Transfer (IBT) of 16.1 million gallons per day (mgd) to 33 mgd (maximum day basis). The proposed IBT is based on additional water withdrawals from Lake Norman and Mountain Island Lake in the source basin (Catawba River Basin). The IBT will increase due to transfer of the water to the receiving basin (Rocky River Basin) via consumptive use in eastern Mecklenburg County and existing discharges at Mallard Creek Wastewater Treatment Plant [WWTP] and Water and Sewer Authority of Cabarrus County’s [WSACC] Rocky River Regional (RRR) WWTP. CMUD is requesting a permitted IBT increase to 33 mgd, which will allow CMUD to meet projected water supply demands through the year 2030 in eastern Mecklenburg County. This IBT does not include transfers associated with water or wastewater service provided to the Goose Creek watershed in the Town of Mint Hill in Mecklenburg County. The public hearing will start at 5:00 PM on Dec. 11, 2001, at the North Mecklenburg Water Treatment Plant, 7980 Babe Stillwell Road, Huntersville, NC. In addition, Division of Water Resources staff will be available to answer questions from 4:00 p.m. to 5:00 p.m. at the hearing location. See http://www.ncwater.org/Permits_and_Registration/Interbasin_Transfer/Status/Cmud/ .


Proposed Regulations-Air Quality



 



  • Title 15A, Chapter 02. Will amend 15A NCAC 02D and 02Q–to make rules in Subchapter 15A NCAC 02D and 02Q with reporting requirements conform with reporting requirements in General Statutes; 15A NCAC 02D .2200 or 02Q .0900–to adopt procedures for special orders of consent specifically for the Division of Air Quality; 15A NCAC 02D .0202–to add a definition for significant and minor modification for permit fees purposes; 15A NCAC 02D .0933–to clarify the requirements for tanks with shoe-mounted secondary seals; 15A NCAC 02Q .0102–to allow dry cleaners covered under new source performance standards (NSPS) to qualify for exemption from permitting; 15A NCAC 02Q .0702–to exempt air curtain burners from the air toxic rules. 


Proposed Temporary Regulations-Wetlands



 



  • Will adjust the amount of payment into the Wetlands Trust Fund necessary to achieve compliance with compensatory mitigation requirements associated with impacts to classified surface waters to reflect the actual cost of restoration projects implemented by the Wetlands Restoration Program as required by G.S. 143-214.11(e). As required by G.S. 143-214.11(e), the Environmental Management Commission has adopted a Schedule of Fees (15A NCAC 02R .0402) that specifies the amount of payment into the Wetlands Trust Fund necessary to achieve compliance with compensatory mitigation requirements associated with impacts to classified surface waters and wetlands. The Schedule of Fees is reviewed annually and adjustments are proposed based on the comparison of the actual costs of projects implemented by the Wetlands Restoration Program with the Schedule of Fees. Based on this review it is recommended that the fee for compensatory mitigation requirements associated with impacts to classified surface waters (streams) be increased from $125 per linear foot to $180 per linear foot. The Environmental Management Commission intends to utilize the temporary rulemaking process to adjust this fee during the time the permanent rulemaking process is being conducted. It is anticipated that the Environmental Management Commission will adopt the temporary rule at the Feb. 14, 2002, meeting with an effective date on or after Mar. 15, 2002. Written comments may be submitted to the Environmental Commission until Jan. 15, 2002. Comments should be submitted to Crystal Braswell, Wetlands Restoration Program, 1619 Mail Services Center, Raleigh, NC 27699-1619. Additional information concerning this proposal can be obtained by contacting Crystal Braswell at 919-733-5208, or at the above address.


Final Regulations-Air Quality



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


Draft Regulations-Air Quality



OEPA Actions, Notices by County



Public Meetings



Pending Air Permits



Companies to Pay $20,000 for Hazardous Waste Violations at Henry County Site


red bar graphic  OREGON


Department of Environmental Quality


Proposed Air Quality Permit Fee Increases



  • DEQ is proposing an increase in annual fees for Air Contaminant Discharge Permit (ACDP) holders. The permit program regulates more than 1,100 sources of air emissions statewide ranging from large facilities such as sawmills, gasoline terminals, grain elevators, and rock crushing operations to smaller businesses such as auto body repair/paint shops and commercial bakeries. During the 2001 Oregon Legislative session, DEQ requested a 48% increase in fee revenue to maintain the current level of service for the permit program. The Legislature authorized a 30% increase. The basis of the proposed increase is the current Air Contaminant Discharge Permit fee system, which was simplified in May 2001 as part of a larger state rulemaking effort to streamline the program. Among other impacts, the May rules reduced the number of permit categories from more than 75 to 6, and established uniform fees for each permit category. Instead of an “across-the-board” 30% increase, the proposal modifies current ACDP fees to represent the amount of work associated with each type of permit. Comments are due Dec. 26. See http://www.deq.state.or.us/aq/notices/acdpfeerulenotice.htm 

Proposed TMDL



Air Permit Applications 



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


red bar graphic PENNSYLVANIA


Department of Environmental Protection


Proposed Regulations-Air Quality-Consumer Products; Portable Fuel Containers



  • The purpose of the proposed regulations is to reduce the volatile organic compounds (VOC) emitted from consumer products. The proposed regulations expand upon the federal consumer products rule, which became effective in Dec. 1998. The federal rule regulates 24 product categories representing 48% of the consumer products inventory nationally and reduces VOC emissions from that inventory by 20%. To capture additional emission reductions from these products, the Commonwealth is proposing to adopt these regulations. The Commonwealth has used the California Air Resources Board regulations and the Ozone Transport Commission model rule and background material as a starting point and reviewed those documents, including specific emission reductions, for applicability in this Commonwealth. As a result, the proposed regulations include most, if not all, of the product categories covered in California, with limits effective at a later date than California. To maximize consistency, emission limits for specific product categories are identical to those used in California. Interested persons are invited to submit comments, suggestions or objections regarding the proposed regulations to the Environmental Quality Board, P.O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by Jan.16, 2002. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by Jan. 16, 2002. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the proposed regulation will be considered. Comments may be submitted electronically to the Board at RegComments@state.pa.us. A  subject heading of the proposal and return name and address must be included in each transmission. Comments submitted electronically must also be received by the Board by Jan.16, 2002.

    The Board will hold three public hearings. The hearings will be held at 2 p.m. as follows:

    Dec. 11, Department of Environmental Protection, Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA.

    Dec. 13, Department of Environmental Protection, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA.

    Dec. 17, Department of Environmental Protection, Southeast Regional Office, Suite 6010, Lee Park, 555 North Lane, Conshohocken, PA. See http://www.pabulletin.com/secure/data/vol31/31-45/2013.html 

  • In a separate proposal, the Board will consider proposed rules to reduce the VOCs emitted from portable fuel containers. This proposed rulemaking is part of the Commonwealth's specific action plan to achieve and maintain the ozone NAAQS. This proposed rulemaking applies to all portable fuel containers or spouts, or both, except: (1) containers with capacity of less than or equal to 1 quart; (2) rapid refueling devices with capacities equal to or greater than 4 gallons, provided they are designed for use in officially sanctioned off-road motorcycle competitions; and (3) safety cans and portable marine fuel tanks that operate in conjunction with outboard motors. Portable fuel containers or spouts, or both, must be equipped with an automatic shut-off device that stops fuel flow before the fuel tank overflows and an automatic device that closes and seals when it is removed from the fuel tank. There are also other required design specifications, all of which are intended to significantly lessen the possibility of gasoline spillage and reduce emissions. Compliance with the proposed performance standards are designed to maximize VOC emission reductions. It is estimated that VOCs would be reduced by approximately 75% of total uncontrolled emissions from this sector once the rule is finalized. Same comment period and hearing dates/locations as above. See http://www.pabulletin.com/secure/data/vol31/31-45/2014.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 Environmental Management


Draft Environmental Equity Policy



Upcoming Events


red bar graphic SOUTH CAROLINA


Department of Health and Environmental 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



Permit Application Notices


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Department of Environment and Conservation


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



Board Meeting Agendas, Schedules



Permit Applications



Solid Waste Management Act-Task Force Review



Metropolitan Nashville and Davidson County Health Department, Pollution Control Division


Air Quality Data


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Natural Resource Conservation Commission


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 United States 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, final 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 

Final Regulations-Miscellaneous



  • HB 3111(HB 2912, Art 18.04): Occupational lic./reg.; HB 2912; Art 7- Water Treatment; Art 8-Irrigators/Disposal: Quad Review of 290 A: Operator Certification This rulemaking implements HB 3111 and HB 2912, Art. 7, Art 8 and Art. 18, relating to occupational licenses and registrations issued by the TNRCC. This rulemaking also incorporates the "quad" review of Chapter 290, Subchapter A and federal rulemaking in 40 CFR Part 60 (65 Federal Register 75338, Dec. 1, 2000)-Licensing of incinerator units. The rule team proposes to create a new chapter, 30 TAC Chapter 30, Occupational Licenses and Registrations. Changes are reflected in chapters 30, 285, 290, 325, 330, 334 and 344. Effective Dec. 17. See http://www.tnrcc.state.tx.us/oprd/rules/propadop.html 

  • SB 324: Fees Charged for Underground Injection Wells. Effective Dec. 16. See http://www.tnrcc.state.tx.us/oprd/rules/propadop.html 

  • HB 2912: Citizen Collected Evidence. New §70.4 addresses the requirements of HB 2912, §1.24 and §18.10, concerning the initiation of enforcement using information provided by a private individual. House Bill 2912, §18.10 requires the commission to adopt rules on this subject. Effective Dec. 11. See http://www.tnrcc.state.tx.us/oprd/rule_lib/adoptions/01029070_ado.pdf and http://www.tnrcc.state.tx.us/exec/media/press/11-01citizen.html (press release)

  • HB 2997: Environmental Systems Management. Relating to the implementation by the TNRCC of a program to encourage the use of environmental management systems. Effective Dec. 16. See http://www.tnrcc.state.tx.us/oprd/rule_lib/adoptions/01040090_ado.pdf 

Permit Hearings



Public Hearings/Proposed Rule Tracking Log


red bar graphic  UTAH


Department of Envtl. Quality


Permit Applications


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Department of Environmental Conservation


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, had an effective date of Nov. 1; the 18-month clock for municipalities and districts to submit complete implementation plans began to run 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 Environmental Quality


Public Meeting, Hearing Notices; Other Regulatory Notices



  • Available at http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseIndex.cgi?URL_NAME=NOTICE  

  • 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; 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 that may result from public comment on the NOIRA or activities of the technical advisory committee established to assist in the development of any proposal. Amendment 2 is being proposed in order to address the following: 
    1. Definition of the concepts of generation, storage and accumulation;
    2. Exemption of items used for personal hygiene;
    3. Requirements for the temporary storage of regulated medical waste;
    4. Requirements related to the transportation of hazardous materials; and
    5. Consolidation of the text and elimination of redundant requirements. See http://www.townhall.state.va.us/action/ViewAction.cfm?vac=210&chapter=120&action=392 and http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=335 

  • 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.

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 Environmental Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


red bar graphic WISCONSIN


Department of Natural Resources


Air Rules Development



Public Hearing and Meeting Schedule



  • DNR will hold public hearings on revisions to subch. II of ch. NR 16, Wis. Adm. Code, relating to fish farms. The proposed rule will modify the definitions of "natural body of water" to reflect existing water law regulation of "private" ponds and to expand the types of private ponds that are exempt from regulation, add an exemption for DNR-permitted wetland ponds to the definition of natural body of water consistent with the exemption of waterways considered private under chs. 30 and 31, Stats. 3, clarify the criteria the department will use to assess permit renewals after the 10-year permit expires, and make minor changes including updating permit application deadlines and clarifying statutory enforcement provisions. For more information, contact Steve Hewett at (608) 267-7501. The hearings will be held on: Dec.18, in Conference rooms 1 & 2, DNR South Central Region Headquarters, 3911 Fish Hatchery Rd., Fitchburg, at 6 p.m.; Dec. 20, in LMC Room, John Muir Middle School, 1400 W. Stewart Ave., Wausau at 6 p.m. 

  • DNR will hold a public hearing Jan. 16, 2002, on revisions to chs. NR 700, 714, 722, 726 and 749, Wis. Adm. Code, relating to deed restrictions on contaminated lands and soil geographic information system (GIS) registry. The rule changes proposed to ch. NR 726 are needed to clarify the criteria and process for applying deed restrictions and deed notices to contaminated properties where residual soil contamination remains after case closure. The rule changes authorize the creation of a soil GIS registry that will be available on the Internet to replace the use of most soil deed notices. The rule changes in ch. NR 749 establish a fee of $200 to enable DNR to recover its costs in managing the GIS registry. Sites closed with residual soil contamination will be placed on the soil GIS registry as a means of notifying future owners/users of the property of the existence of soil contamination. The hearing will be held at 10 a.m. For more information, contact Dale Ziege at (608) 267-7533 Video conference participation will be available at: Room 021, Natural Resources building, 101 S. Webster St., Madison; Room 139 State Office building, 718 W. Clairemont Ave., Eau Claire; Room 618, State office building, 200 N. Jefferson St., Green Bay; Room 542, State Office building, 819 N. 6th St., Milwaukee; Room 3, DNR Regional Headquarters, 107 Sutliff Ave., Rhinelander; Lower Level conference room, DNR Regional Headquarters, 810 W. Maple St., Spooner. 

  • The DNR Aquifer Storage Recovery (ASR) Technical Advisory Group will meet at 1 p.m., Dec. 7, in Room 611B of the State Natural Resources Building (GEF 2), 101 South Webster Street, Madison. The agenda for the meeting includes a final review and discussion of the outline for a report on ASR techniques. Following the adoption of the final outline, the technical advisory group will also begin working on the first draft of the report. The ASR Technical Advisory Group was created by DNR to provide an independent, technical review and assessment of ASR techniques. The group consists of representatives with expertise in hydrogeology, geochemistry, water treatment techniques, and toxicology from the University of Wisconsin System, U.S. Geological Survey, and the Wisconsin Department of Health and Family Services. For more information, please contact Rich Roth, Bureau of Drinking Water and Groundwater, at (608) 266-2438. 

  • DNR will hold a public informational meeting to review its ambient air quality monitoring network throughout Wisconsin. This meeting will review the changes that occurred in 2001 and will present an outline of the changes for 2002. An explanation will be provided for each deviation from the original plan as well as the proposed changes. Public comments on the changes will also be received at the informational meeting. The meeting will be Dec. 21 at 10 a.m. in room 709 of the Natural Resources building at 101 S. Webster St., Madison. For more information, contact Bruce Rodger at (608) 266-1722 

  • Listing available at http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html


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
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red bar graphic GENERAL




  • A conference was held by the UNEP in Montreal to discuss methods of implementing the 1995 Global Program of Action for the Protection of the Marine Environment from Land-based Activities. See http://international.nos.noaa.gov/conv/gpa.html 108 countries, including the United States, and the European Union have signed the agreement. It is intended to assist in protecting marine and coastal resources.

  • The U.N. General Assembly voted down a request by Iraq for an international review of human health and environmental consequences of the Gulf War. 

  • Ecuador began a biodiversity conservation project in the Galapagos Islands.

  • The Secretariat of the Commission for Environmental Cooperation (CEC) submitted the final factual record for the Metales y Derivados submission (SEM-98-007) to the Council, pursuant to Article 15(6) of the North American Agreement on Environmental Cooperation (NAAEC). The submission alleges that Mexico is failing to effectively enforce its environmental law in connection with the Metales y Derivados abandoned lead smelter in Tijuana, Baja California, Mexico. The submitters contend the site poses serious threats to the health of the neighboring community and to the environment.

  • The Green G8, Europe’s eight largest environmental organizations, called on the heads of state and government due to meet in Laeken in mid-December to specifically demonstrate their commitment to sustainable development at the EU Summit. In an open letter to the heads of state and government, the eight-- Greenpeace, WWF, the European Environmental Bureau, Friends of Nature International, Birdlife International, the European Federation for Transport and Environment, Friends of the Earth Europe and Climate Network Europe--said it was vital that the summit gave explicit support to sustainable development as the cornerstone of Europe’s future development. See http://www.eeb.org/Open%20Letter%20re%20Laeken%20Summit.pdf The eight said they feared that a Commission proposal on a methodology for sustainable impact assessments on all major policy and legislative proposals, which is due to be discussed at the Laeken summit, would be "unsatisfactory." "We, as environmentalists, fear the Commission has failed to deliver, and urge that the Council does not accept a modest outline proposal, but instead insists that an adequate one is developed," said a spokesman for the Green G8. The letter also urges the leaders to ensure the inclusion of headline environmental indicators on biodiversity, chemicals, and resource efficiency in a synthesis report for the Barcelona Summit next spring. This report will bring together the objectives of the Gothenburg and Lisbon summits on social, economic, and environmental progress. The European Environment Bureau also began its "Environmental Fiscal Reform" program, which is intended to promote sustainable development. See http://www.eeb.org/introweb.pdf 

  • South Africa's Cabinet approved a much-debated ban on off-road vehicles on beaches, and, in what is considered a tough move to deal with a perennial pollution problem, regulations prohibiting the use of plastic carry-bags were also adopted. Welcoming both as government’s stamp of authority on cleaning up the environment, Minister of Environmental Affairs and Tourism Valli Moosa said “[t]he new restrictions on the use of plastic are the start of a clean-up of our country. I am very encouraged by the overwhelming support this move has received from the public.” In a statement after the publication of draft regulations in May 2000, Moosa said: “One of the things that starkly represents the perennial nature of dirt in our society is the issue of plastic bags. Plastic bags touch the lives of each and every South African, be they rich or poor. I have remarked in the past that this product is competing with the protea as our national flower in adorning our landscape.” From Jan. 2003, no person may supply carry-bags of a thickness less than 80 micrometers. Any person who contravenes this regulation will be guilty of an offence and liable, on first conviction, to a fine of up to R100,000 and/or one year in jail. A second or subsequent conviction can land the offender in jail for up to 10 years, or cause him/her to be fined up to R100,000.

  • Seeking to address concerns about pollution in the giant reservoir that will be created by the Three Gorges Dam, China announced that it will spend $4.8 billion (U.S.) in building more than 260 wastewater treatment plants and 200 engineered landfills to deposit waste from ships on the Yangtze River. 

  • The president of France's National Union of Renewable Energy Producers said his country must do much more to promote renewable energy sources if it is to satisfy a European Union directive mandating a portfolio requirement of 22% of electricity from renewable sources by 2010. 

  • The first poaching attack in Kenya's national parks in eight years has left four black rhinos dead. 

  • Mexico's Secretary of Environment and Natural Resources, Victor Lichtinger, released data showing that Mexico lost an average of 2.72 million acres of forests and jungles annually between 1993 and 2000, a rate twice what had been expected. At this rate, Lichtinger noted, Mexico will be jungle-free by 2059.

  • A 60-day public comment period began Dec.1 with the publication in the Canada Gazette, Part 1 of the recommendation that road salts, which contain inorganic chloride salts with or without ferrocyanide salts, be added to Schedule 1 under the Canadian Environmental Protection Act (CEPA). Comments are due Jan. 29, 2002. The government said it recognizes the importance of road salts in protecting roadway safety and is not proposing a ban on road salts or to put in place any measures that would compromise or reduce road safety. Consultations will be launched next year on better ways to manage road salts so that harm to the environment is reduced. This follows the release of a comprehensive five-year scientific assessment by Environment Canada that determined that road salts in sufficient concentrations pose a risk to the aquatic environment, plants, and animals. See http://www.ec.gc.ca/press/2001/011130_b_e.htm 

  • The Village Voice reported that environmental conditions in Pakistan are bad and getting worse. For example, Karachi's water and sewer system is, according to the city's mayor, "on the verge of collapse." See  http://www.villagevoice.com/issues/0148/kamberphotos.php 

  • Canada Environment Minister David Anderson announced that industries will start reporting next year on emissions of key smog and acid rain pollutants. The expansion of substances reported to the National Pollutant Release Inventory (NPRI) will include what are known as criteria air contaminants, that include nitrogen oxides, volatile organic compounds, total particulate matter (PM), particulate matter less than 10 microns, particulate matter less than 2.5 microns and sulfur oxides. These are all components of smog and acid rain. "With each improvement in NPRI we are serving Canadians better," Minister Anderson said. "I am pleased to say that these additions and improvements to the NPRI for 2002 will mean that we will be able to provide emissions data from more industries including fossil fueled power plants."

  • A Guideline designed to help consumers identify electricity generated from renewable energy sources with low environmental impact, commonly referred to as eco-friendly power, was released by the Canadian government on Dec. 8 for a 90-day public comment period. Once finalized, the draft Guideline on Renewable Low-Impact Electricity will formalize licensing and certification criteria under Environment Canada's Environmental Choice Program The government is also taking steps to tighten emission limits for key air pollutants from new fossil fuel power plants. Following consultations this winter with partners and stakeholders, Environment Canada plans to issue the new emission guidelines under the Canadian Environmental Protection Act (CEPA) during the summer of 2002. "Many of the pollutants that cause climate change and dirty air come from the same energy sources, so solutions to one are often solutions to the other," said Environment Minister David Anderson. "These two new draft guidelines will tackle these issues from both a pollution prevention and a pollution control perspective." The "Thermal Power Generation Emissions-National Guidelines for New Sources" will provide national emission standards for application to new coal, oil, and gas-fired steam-electric power plants. They include emission limits for sulfur dioxide (SO2), nitrogen oxides (NOx), and PM consistent with the performance capabilities of current best available technologies (BAT). The proposed new emission limits would mean at least a 60% reduction in NOx emission limits, a 70% reduction in PM emission limits from those in the existing Guidelines, and would introduce a new minimum of 70% reduction in SO2 emissions from uncontrolled levels.

  • Klaus Toepfer, UNEP director, said that environmental assessment should be a component of a reconstruction plan for Afghanistan. "Armed conflict, which has been waged in Afghanistan for at least 20 years, can lead to environmental degradation in areas such as freshwater, sanitation, forests, and soil quality," Toepfer said. "A healthy environment is a prerequisite for sound and sustainable development. People cannot secure real and sustainable economic development against a backdrop of contaminated water, polluted land, and marginalized natural resources." 

  • Speakers at the International Conference on Freshwater in Bonn emphasized that reservoirs are suffering significant reductions in storage capacity as a result of sedimentation, and that one-fifth of overall capacity will be lost in the next several decades if the trend is not halted. Global warming and increased forest depletion could make matters even worse. Sedimentation rates, some noted, are now eight times higher than in the 1960s. See http://www.unep.org/Documents/Default.asp?DocumentID=227&ArticleID=2966 

  • The European Commission has sent the U.K. a formal request to amend its administrative procedures for the parallel import of pesticides, herbicides, and other plant protection products. The Commission considers the procedures to be a barrier to the free movement of goods. The formal request, in the form of a so-called reasoned opinion, is the second stage of infringement procedures under Article 226 of the EC Treaty. Failing a satisfactory response within two months, the Commission may decide to refer the Member State concerned to the Court of Justice. The Commission considers that U.K. procedures applied to the import from other Member States of pesticides and other plant protection products legally placed on the market in those countries and imported to the U.K. under the same or similar names, the so-called parallel imports, are too restrictive and create unnecessary obstacles to the free movement of goods in the Internal Market, in violation of EC Treaty rules (Article 28). 

  • European Commission Health and Consumer Protection Commissioner David Byrne welcomed the adoption by the Council of a regulation setting legally binding limits on the presence of dioxin and other contaminants in food. Any food exceeding these strict limits is excluded from the food chain. "I am pleased to see the Ministers recognize that we need to be uncompromising and severe on contaminants in food. This new legislation, in setting legally binding limits, sets a new milestone in the EU's feed and food safety strategy" Byrne said. "Only very few countries in the world have yet set legally binding levels for dioxins in food. These measures, as part of a comprehensive strategy, will undoubtedly reduce the presence of dioxins in food. Our strategy aims to deal with a complicated cycle of contamination necessitating simultaneously measures to reduce the presence of dioxins, furans and PCBs in environment, feeding stuffs and foodstuffs. While these measures offer protection of consumer health, the ultimate goal must be to further reduce dioxin release at the source, to stop it from entering the environment." The regulation is a part of an overall strategy to reduce the presence of dioxins and PCBs in environment, feed and food.

  • The European Commission has presented a proposal to amend Directive (94/62/EC) on Packaging and Packaging Waste. The Directive aims to prevent or minimize the impact of packaging and packaging waste on the environment through recovery and recycling targets. The new targets are substantially higher than the 2001 targets of the current Directive and must be achieved in 2006. Given the differences in costs and benefits for recycling different materials, the proposal also contains specific targets for plastics, metals, paper/board, and glass. The specific targets will improve the overall level of environmental protection in the EU. They will also reduce existing distortions of competition, lead to a higher degree of harmonization within the Internal Market and give more planning security for investments in recycling infrastructure. See http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/01/1773|0|RAPID&lg=EN 
  • The European Commission has decided to refer Ireland to the European Court of Justice for failing to respect the requirements of the EU's Waste Framework Directive (75/442/EEC as amended by 91/156/EEC) with regard to the controlled disposal and recovery of waste. The Commission has also decided to send Italy Reasoned Opinions (second written warnings under the infringement procedure used to ensure that all EU Member States uphold the rules agreed at European level) for failing to comply with the Directive's requirements with regard to landfills at Rodano (in Milan) and Granciara di Castelliri (in Frosinone).

  • The European Parliament approved a ban on particular uses of short-chain chlorinated paraffins. 

  • The European Commission has opened a formal investigation into two state aid schemes in the United Kingdom relating to the financing by the Shetland and Orkney Islands Councils of purchase and leasing of quotas to local fishermen. The Commission had been informed of these schemes by a member of the European Parliament. After a preliminary assessment, the Commission has doubts about the compatibility of these schemes with EU rules governing state aid. The objective of these schemes was to ringfence (keep in the community) track records giving entitlements to annual quotas for the benefit of the local fishing fleets. According to the U.K. authorities, this was done because local vessel owners had problems accessing commercial funding to acquire such track records as they are seen as intangible assets that cannot be used as security for loans from financial establishments. In the U.K., national quotas are allocated on the basis of track records that reflect the quantities of fish caught by each vessel over the period 1994 to 1996. Under certain conditions, these track records can be sold independently from the vessel to which they have been allocated. A de facto market has developed into these track records and it is in this context that the Shetland and Orkney Islands Councils acquired track records with a view to leasing them to their vessels. In the light of the information transmitted by the U.K. authorities and on the basis of a preliminary analysis of the workings of the schemes, the Commission said it believes that the purchase and leasing of track records by these authorities represent preferential conditions for the local fishermen compared to other fishermen not concerned by these schemes and, as such, constitute state aids. 

  • The European Commission adopted a proposal for a directive on the fight against aircraft noise. The directive is a new approach to the control of aircraft noise, which fully integrates the new international framework, based on the definition of a new international standard and the resolutions of the last International Civil Aviation Organization's General Assembly (ICAO). With this directive, new operating restrictions on noisy aircraft, including banning them altogether, may be introduced at the worst affected airports. The directive will also repeal the so-called "hushkits" regulation, resolving a number of long standing disputes with the United States. Commenting on the new directive, Loyola de Palacio, Vice-President in charge of Transports and Energy, said: "This is an important piece of legislation: it is a new and forward looking approach to the control of aircraft noise in the EU. It provides long term certainty for all users of airports and for those living around them." She explained that "the new legislation targets action on those airports which have real problems, taking into account the concerns of people living in [neighboring areas]. Above all, this measure sets clear objectives and provides a transparent process for member states to follow in achieving those objectives." A Directive has been proposed to bring a EU-wide approach to the control of aircraft noise at and around airports. The objective is to ensure that there is no overall increase, and paves the way for a reduction in aircraft noise, after the completion of the phase out of so-called "Chapter 2" noise certificated aircraft in Apr. 2002. Thus, the directive proposes a common approach to the assessment of the current and future noise climate and of the possible effects of a range of measures with the goal of providing environmental benefits in the most cost effective way. Where necessary, airports may require marginally compliant aircraft (i.e., those that meet the "Chapter 3" noise certification standard by a margin of 5dB (decibels) or less) to be withdrawn from service to that airport over a period of not less than 5 years. Article 14 of the proposed directive repeals the "hushkits" Regulation 925/1999. This would remove the cause of a dispute between the EU and the United States over the use of hushkitted aircraft in Europe. This EU action had the effect of restarting negotiations in ICAO and these culminated in the agreement earlier this year on: a new stricter certification standard "Chapter 4"; a process for recertification; and an ICAO Resolution on the airport by airport approach to withdrawal of the noisiest aircraft. The present proposal introduces this international Resolution into EU law and allows airports suffering from a noise problem to introduce a range of operating restrictions including the phase-out of the worst performing (marginally compliant)(2) aircraft. The existing Hushkits regulation only froze the fleet and did not provide for removal of already operating hushkitted aircraft. 

red bar graphic  CLIMATE CHANGE



  • The European Commission has approved, under the state aid rules, the U.K.'s greenhouse gases emission trading scheme, which is supposed to start early in 2002. The Commission's green light allows the U.K. to gain early trading experience before an EU-wide system will enter into force, for which the Commission only recently made a proposal to the Council and the European Parliament. The Commission acknowledged the positive aspects of the U.K. initiative, but indicated that the substantial differences between the U.K. approach and the proposed Commission's directive might lead to market distortions in the future. In this case, modifications to the U.K. scheme would be proposed to bring it in line with EC legislation. The U.K. scheme grants an incentive totalling £30 million net of tax p.a. for a period of five years, spread across all entities entering the scheme in return for participating and taking on absolute emission reductions. Companies will bid for the incentive in an auction. The scheme further establishes an emission trading system which allows target holders from the emission trading scheme and from climate change agreements, to trade emission allowances amongst them. Both the incentive money and the trading mechanism have to be considered as State aid, since they confer advantages to certain companies and potentially affect trade between Member States. However, the Commission considers that the scheme is compatible with the Community guidelines on State aid for environmental protection. The U.K. scheme differs significantly from the choices the Commission made in its recent proposal on a draft directive on EU-wide emission trading. The EU proposal is based on a mandatory approach without financial incentives. Contrary to the U.K. scheme, it makes electricity and heat production facilities directly responsible for their emissions, a choice that should open to a greater extent lower-cost emission reductions. Furthermore, the EU proposal foresees a mandatory financial penalty per ton of CO2 equivalent emitted over allowance holdings in addition to the obligation to make up for shortfalls. The U.K. undertook to introduce equivalent financial penalties in the near future. 

  • Germany's Economy Minister, Werner Mueller, created political controversy by recommending that the country not establish a mandate that CO2 emissions be reduced 40% by 2020 from 1990 levels. He warned that "[Germany] cannot afford to run avoidable risks in the energy sector as too much depends on a reliable energy supply.

  • Sweden's parliament began consideration of measures that could reduce CO2 emissions by 4% by 2010.

  • The George C. Marshall Institute released a report, "Climate Change and Policy: Making the Connection." See http://www.marshall.org

  • The Pew Center for Global Climate Change issued two reports, "Worker Transition and Global Climate Change" and "Community Adjustment to Climate Change Policy." See http://www.pewclimate.org