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Weekly Update Volume 31, Issue 36

12/17/2001

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


red bar graphic  DUE PROCESS, LAND USE, FIRST AMENDMENT:

The Third Circuit held that a Pennsylvania township and its supervisors did not violate a developer's substantive due process rights by conspiring to delay and obstruct the developer's construction of an industrial park. The developer claims that the township and its supervisors conspired to delay the county land use authority's and several state agencies' approval of the industrial park. To further this allegation, the developer produced a letter from a township supervisor indicating that the township must make all efforts to delay development so that the developer's authorization from the land use authority would lapse. However, where a township participates in government proceedings to resolve issues such as the developer's application, the township and its supervisors are not subject to liability for delay from these proceedings because of their participation if such participation is based on a reasonable basis to delay or prevent the project. The First Amendment right to petition extends to all governments, and this right includes the right to petition in opposition to applications for relief by others. Nevertheless, liability can be imposed if a government's petitions lack any reasonable basis. Here, the record indicates that the township's opposition to the developer's application for development was not frivolous or lacking a reasonable basis. In fact, at one stage of their opposition, the township prevailed. Further, the letter from the township supervisor indicated that the supervisor thought the township's opposition might prevail before a state agency. Moreover, the developer failed to articulate any specific reasons why the township's opposition was not a reasonably litigable one. In addition, the immunity from liability extends to both the municipal corporation and the supervisors. Herr v Pequea Township, No. 00-2473 (3d Cir. Dec. 11, 2001) (31 pp.).

red bar graphic  NATURAL GAS ACT (NGA), JURISDICTION:

The First Circuit held that it lacks jurisdiction to review a neighborhood group's  petition to review a FERC decision that certified a natural gas pipeline replacement project in New Hampshire. The group argued that FERC should conduct an EIS under NEPA for the pipeline replacement and two related projects. FERC did not address the two other projects, and issued an October 27, 2000, order authorizing the replacement. The group and a town independently submitted a motion for rehearing. The group's motion was received one day late, and it moved for an extension. FERC issued a May 3, 2001, order granting the town a rehearing for further consideration and treating the group's motion for extension as a motion for reconsideration. Nevertheless, FERC denied the motion to reconsider its approval of the replacement. The court lacked jurisdiction over the group's petition to review because the group's rehearing application was untimely. The NGA requires a person aggrieved by a FERC order to file a motion for rehearing within 30 days of the order's issuance, and the NGS prohibits any other review if such a motion is not filed. The relevant order for purposes of determining jurisdiction is the October 27, 2000, order. Under NGA §19(a), the relevant order is the order by which the protesting party is aggrieved. The October 27 order aggrieved the group by authorizing the project without requiring an EIS, and the group did not file for reconsideration within the 30-day time limit. Moreover, the May 3, 2001, order was merely a technical modification that did not aggrieve the group. In addition, the U.S. Post Office's delay in delivering the group's motion of reconsideration does not require the waiver of the NGA's timing requirement. Londonderry Neighborhood Coalition v. Federal Energy Regulatory Commission, Nos. 01-1848, -2147 (1st Cir. Dec. 10, 2001) (18 pp.).

red bar graphic  RCRA, TIMELY APPEAL:

The Tenth Circuit dismissed an individual's appeal of a district court order dismissing his motion to vacate two RCRA criminal convictions and adopting a magistrate judge's report and recommendation (R&R) to dismiss the individual's habeas corpus petition. The individual served his criminal conviction but later challenged the sentence due to ineffective assistance of counsel and newly discovered evidence. However, the individual failed to object to the magistrate judge's R&R, and failure to make a timely objection to an R&R waives appellate review of both factual and legal questions. Further, although the individual represented himself before the magistrate, the magistrate clearly informed the individual of the consequences of his failure to object to the R&R. Likewise, the interest of justice exception to waiver does not apply. The individual does not have sufficiently meritorious newly discovered evidence to overcome waiver, and the individual's ineffective assistance of counsel claims lacked specificity to show a reasonable probability of prejudice at trial. Self v. Callahan, No. 00-4197 (10th Cir. Nov. 29, 2001) (7 pp.). 

red bar graphic  CAA, CITIZEN SUITS, NOTICE, COLLATERAL ATTACK:

A district court dismissed an environmental group's CAA citizen suit alleging that two Tennessee Valley Authority (TVA) plants exceeded Tennessee's SIP requirement of 20% opacity for visible emissions 6,500 times between 1996 and 2000. The group failed to comply with CAA §304(b)'s citizen suit notice requirements. CAA §304(b) requires citizen suits to give notice of the standard or order allegedly violated. Although the group's notice letter alleges TVA violations of the SIP opacity limit, it does not specify the dates of the alleged violations or identify at which of the two TVA sites the violations occurred. Thus, the group has simply not provided the specificity in its notice that would be required for TVA to determine when its alleged unlawful exceedances had occurred. In addition, even if the group had complied with the CAA notice requirements, its claim is not actionable under the Act. The group failed to identify any opacity exceedances that the state environmental agency did not approve or that were not allowed under the TVA's permit. Thus, the group is not alleging that the TVA violated the terms of its CAA permit, but rather is attacking the legality of the permits issued by the state environmental agency. As such, the group's suit is a collateral attack on a facially valid permit, and the CAA does not permit CAA citizen suits to be used to collaterally attack valid permits. National Parks Conservation Ass'n v. Tennessee Valley Authority, No. 3:00-CV-547 (E.D. Tenn. Nov. 26, 2001) (Jarvis, J.) (11 pp.).

red bar graphic  BANKRUPTCY, VENUE, DECLARATORY JUDGMENT ACT (DJA), CAA, ASBESTOS:

A district court denied a bankrupt environmental management company's motions to dismiss property owners' DJA action for lack of venue and failure to state a claim. The property owners sought a judgment declaring that the company had violated the CAA when it improperly removed asbestos from the owners' building. The company's motion to dismiss for failure to state a claim fails because the company's bankruptcy did not discharge the owners' claims against the company. Although the owners' claim is covered by the statutory definition of a claim dischargeable in bankruptcy, discharge under the Bankruptcy Code presumes that all creditors have been given sufficient notice of the debtor's bankruptcy filing. The record indicates that the owners were reasonably ascertainable creditors entitled to actual written notice of the company's bankruptcy filing. Since the company did not provide written notice to the owners, bankruptcy did not discharge the owners' claims. In addition, The owners' claims are properly venued in the Eastern District of New York because the DJA allows venue in the district and because the DJA claim is the primary claim. Solow Building Co. v. ATC Associates, Inc., No. 01-CV-0612 (DGT) (E.D.N.Y. Nov. 28, 2001) (Trager, J.) (7 pp.).

red bar graphic  CWA, INTERVENTION, COOLING WATER INTAKE STRUCTURES:

A district court denied an electric utility and trade association coalition's motion to intervene in mediation leading to and subsequent enforcement of an amended consent decree between EPA and an environmental group under which EPA agreed to promulgate CWA §316 regulations requiring cooling water intake structures to utilize the best technology available for minimizing environmental impact. Even though the coalition has a protectible interest in the subject matter of the mediation, intervention is not warranted. The coalition's principal contention in support of intervention addresses substantive implications of the timetable specified in the consent decree for promulgation of the cooling water intake regulations. However, the substance of EPA rulemaking is beyond the jurisdiction of the court. If the coalition wants to challenge the CWA §316 regulations, it can do so before the Court of Appeals following final agency action. Moreover, the coalition is not entitled to intervention as of right under Federal Rule of Civil Procedure (FRCP) 24(a)(2). The coalition has actively discussed the proposed regulations with EPA, and such participation will likely continue. Further, the coalition's interests are adequately protected by the participation of existing parties to the action, and the coalition may protect any of its interests in judicial proceedings it has a right to participate in after the issuance of the regulations. In addition, the coalition is not entitled to permissive intervention under FRCP 24(b)(2) because such intervention would unduly delay and prejudice the adjudication of the environmental group's claims, which are now embodied in the amended consent decree. Riverkeeper, Inc. v. Whitman, No. 93 Civ. 0314 (AGS) (S.D.N.Y. Nov. 27, 2001) (Schwartz, J) (11 pp.).

red bar graphic  CWA, SURFACE MINING, VENUE, INTERVENTION:

A district court denied a U.S. Army Corps of Engineers' motion to change venue in an environmental group's suit against it for violating CWA §404 by authorizing a surface mining company to fill streams with waste rock under a nationwide permit and without an EIS. The venue transfer rules require the court to balance two factors: convenience and justice. The convenience of the parties and witnesses, either court's knowledge of the issue, and local interest are not determinative. The chosen forum of the Southern District of West Virginia, however, is the where the Corps' regional office is located, where the Corps' decisions applying federal law are made, and where the decision to grant the contested CWA §404 permit was made. Further, the locus of decisionmaing is a reasonable and fair venue to determine these federal issue. Moreover, a single determination can be made in the chosen forum concerning the Corps' application of federal law to all five states in the region. When the group's choice of forum is added to this scale, it plainly tips in favor of the Southern District of West Virginia. In addition, a property owner and a coal industry association are allowed to intervene because both have interests affected by the litigation, but those interests are not adequately represented by the defendants who are regulators. Kentuckians for the Commonwealth, Inc. v. Rivenburgh, No. Civ.A. 2:01-0770 (S.D. W. Va. Nov. 30, 2001) (9 pp.).

red bar graphic  EQUAL ACCESS TO JUSTICE ACT (EAJA), CERCLA, JUSTIFIED GOVERNMENT ACTION:

A district court denied the U.S. government's request to deny a landowner's EAJA petition for attorneys fees accrued while contesting a government suit seeking access to his property under CERCLA §104(e) for the purpose of remediation. The government's CERCLA action against the landowner was dismissed, and the EAJA authorizes attorneys fees when a person prevails against the United States in a civil lawsuit. However, the EAJA encourages the federal government to pursue civil litigation against private parties in a professional and appropriate manner, and if the government's case is substantially justified, attorneys costs may not be awarded. Nevertheless, in this case, the government's CERCLA suit was unjustified. The government did not have a reasonable basis in fact to believe that the landowner's property harbored contamination presenting an imminent and substantial endangerment to public health, welfare, and the environment. Likewise, the government legal theory--that if it has probable cause to believe even a thimbleful of hazardous substance is spilled on someone's property, it has an absolute right of access--has no reasonable basis. Such a right would give the government an unlimited power of warantless search and seizure that the Fourth Amendment would certainly forbid. Moreover, there was no reasonable connection between the facts alleged and the legal theory propounded by the government. United States v. Tarkowski, No. 99 C 7308 (N.D. Ill. Nov. 30, 2001) (Kennelly, J.) (6 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 proposed additional revisions to its previously proposed Specifications and Test Procedures for Particulate Matter (PM) Continuous Emission Monitoring (CEM) Systems at Stationary Sources, and Quality Assurance Requirements for PM CEM Systems at Stationary Sources. 66 FR 64176 (12/12/01). 

  • EPA announced the availability of draft guidance documents to assist state and tribal air pollution control agencies in the implementation of regulations governing regional haze that were published in the Federal Register on July 1, 1999. 66 FR 64262 (12/12/01). 

  • EPA approved Vermont's negative declaration under CAA §§111(d)/129 that there are no existing commercial or industrial solid waste incineration units in the state. 66 FR 63938 (12/11/01). 

  • EPA approved a revision to Iowa's CAA §111(d) plan for controlling emissions from existing municipal solid waste landfills. 66 FR 64152 (12/12/01). 

  • EPA approved a revision to Iowa's CAA §111(d) plan for controlling emissions from existing hospital/medical/infectious waste incinerators. 66 FR 64151 (12/12/01). 

  • EPA approved Colorado's request to redesignate the Denver-Boulder metropolitan serious carbon monoxide (CO) nonattainment area to attainment for the CO NAAQS. 66 FR 64751 (12/14/01).

red bar graphic  HAZARDOUS WASTES & SUBSTANCES:



  • EPA entered into a proposed settlement under CERCLA §122(h) in connection with the Cape Fear Wood Preserving Superfund site in Fayetteville, North Carolina. 66 FR 64042 (12/11/01). 

  • EPA entered into a proposed settlement under CERCLA §122(h) in connection with the Crestline Contaminated Wells Superfund site in Aberdeen, North Carolina. 66 FR 64043 (12/11/01). 

  • EPA entered into a proposed administrative agreement under CERCLA §122(h) in connection with the Ramapo Landfill Superfund site in the Town of Ramapo, New York. 66 FR 64043 (12/11/01).  

  • EPA proposed to execute an administrative agreement under CERCLA §112 in connection with the SCD Chemical Superfund site. 66 FR 64263 (12/12/01). 

  • EPA entered into a proposed agreement under CERCLA in connection with the Western Sand & Gravel Superfund site in Burrillville and North Smithfield, Rhode Island. 66 FR 64832 (12/14/01). 

red bar graphic  RISK ASSESSMENT:



  • EPA announced that it is seeking comment on the draft Risk Assessment Guidance for Superfund: Volume I Human Health Evaluation Manual (Part E, Supplemental Guidance for Dermal Risk Assessment) (RAGS Part E). 66 FR 63706 (12/10/01).

red bar graphic  SMCRA PROGRAM APPROVAL:



  • OSM approved an amendment to Louisiana's regulatory program under SMCRA.  66 FR 64746 (12/14/01).

  • OSM proposed to approve an amendment to Oklahoma's regulatory program under SMCRA. 66 FR 63968 (12/11/01). 

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

THE CONGRESSlarge red bar graphic

  red bar graphic  CHAMBER ACTION



  • S. 703 (Connecticut River salmon), which would extend the effective period of the consent of Congress to the interstate compact relating to the restoration of Atlantic salmon to the Connecticut River Basin and which would create the Connecticut River Atlantic Salmon Commission, was passed by the Senate. 147 Cong. Rec. S12745 (daily ed. Dec. 7, 2001).  

  • H.R. 1230 (Detroit River International Wildlife Refuge), which would provide for the establishment of the Detroit River International Wildlife Refuge in Michigan, was passed by the Senate, clearing the measure for the President. 147 Cong. Rec. S12745 (daily ed. Dec. 7, 2001).

  • H.R. 1576 (James Peak Wilderness Area), which would designate the James Peak Wilderness and Protection Area in the Arapaho and Roosevelt National Forests in Colorado, was passed by the House. 147 Cong. Rec. H9180 (daily ed. Dec. 11, 2001). 

  • H.R. 1989, (fishery conservation), which would  reauthorize various fishery conservation management programs, was passed by the House. 147 Cong. Rec. H9156 (daily ed. Dec. 11, 2001). 

  • H.R. 2595, (land conveyance), which would direct the Secretary of the Army to convey a parcel of land to Chatham County, Georgia, was passed by the House.

red bar graphic  COMMITTEE ACTION



  • S. 1593 (water resource infrastructure) was reported by the Senate Committee on Environment and Public Works. S. Rep. No. 107-118, 147 Cong. Rec. S12771 (daily ed. Dec. 10, 2001). The bill would authorize the Administrator of EPA to establish a grant program to support research projects on critical infrastructure protection for water supply systems.

  • S. 1608 (drinking water) was reported by the Senate Committee on Environment and Public Works. S. Rep. No. 107-119, 147 Cong. Rec. S12771 (daily ed. Dec. 10, 2001). The bill would establish a program to provide grants to drinking water and wastewater facilities to meet immediate security needs.

  • S. 1731 (agriculture) was reported by the Senate Committee on Agriculture, Nutrition, and Forestry. S. Rep. No. 107-117, 147 Cong. Rec. S12681 (daily ed. Dec. 7, 2001). The bill would strengthen the safety net for agricultural producers; would enhance resource conservation and rural development; would provide for farm credit, agricultural research, nutrition, and related programs; and would ensure consumers abundant food and fiber. 

  • H.R. 700 (Asian Elephant Conservation Act) was reported by the Senate Committee on Environment and Public Works. S. Rep. No. 107-113, 147 Cong. Rec. S12681 (daily ed. Dec. 7, 2001). The bill would reauthorize the Asian Elephant Conservation Act of 1997. 

red bar graphic  BILLS INTRODUCED



  • S. 1808 (Thomas, R-Wyo.) (Mineral Leasing Act) would amend the Mineral Leasing Act to encourage the development of natural gas and oil resources on federal land. 147 Cong. Rec. S13051 (daily ed. Dec. 12, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1809 (Hutchison, R-Tex.) (Buffalo Bayou) would authorize the Secretary of the Interior to study the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas. 147 Cong. Rec. S13051 (daily ed. Dec. 12, 2001). The bill was referred o the Committee on Energy and Natural Resources.

  • S. 1810 (Durbinm D-Ill.) (wind energy) would amend the Internal Revenue Code of 1986 to provide credits for individuals and businesses for the installations of certain wind energy property. 146 Cong. Rec. S13051 (daily ed. Dec. 12, 2001). The bill was referred to the Committee on Finance.

  • H.R. 3453 (Hart, R-Pa.) (hydroelectric power) would extend the deadline for commencement of construction of a hydroelectric project in Pennsylvania. 147 Cong. Rec. H9239 (Dec. 11, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 3460 (Walsh, R-N.Y.) (Finger Lakes National Forest; oil and gas drilling) would prohibit oil and gas drilling in Finger Lakes National Forest in New York. 147 Cong. Rec. H9239 (daily ed. Dec. 11, 2001). The bill was referred to the Committee on Resources.

  • H.R. 3476 (Issa, R-Cal.) (Native American lands) would protect certain lands held in fee by the Pechanga Band of Luiseno Mission Indians from condemnation until a final decision is made by the Secretary of the Interior regarding a pending fee to trust application for that land. 147 Cong. Rec. H10065 (daily ed. Dec. 13, 2001).

  • H.R. 3480 (Kind, D-Wis.) (Mississippi River) would promote DOI efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin. 147 Cong. Rec. H10066 (daily ed. Dec. 13, 2001). The bill was referred to the Committee on Resources.

  • H.R. 3499 (Simpson, R-Idaho) (agriculture) would expand the Farm Storage Facility Loan Program of the Department of Agriculture by making loans available to assist producers in providing storage for hay. 147 Cong. Rec. H10066 (daily ed. Dec. 13, 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

State Records Widespread Ozone Reductions in 2001



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 

Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements


red bar graphic ARKANSAS


Department of Environmental Quality


Pending Enforcement Matters


CONSENT ADMINISTRATIVE ORDERS

Steve Aldridge, Springdale Air Division, $800 penalty; Anthony Forest Products Co., Urbana NPDES/Water Division, $2500 penalty; Breckenridge-Union Water Association, Newport NPDES/Water Division, $250 penalty; Brown's Equipment and Rental (Amendment No. 2 to CAO), West Helena NPDES/Water Division, no penalty; Carrier Refrigeration Operations-Conway Division, Conway Air Division, $1500 penalty; Century Tube Corp. Pine Bluff Air Division, $1500 penalty; City of Osceola Waste to Energy Facility, Osceola Air Division, $130,000 penalty; Cooper Tire and Rubber Company, Camden Solid Waste Division, no penalty; Diamond G. Excavating, Hot Springs Air Division, $750 penalty; Magee Company, Piggot Magee Company, Pocahontas Air Division, no penalty; Nucor-Yamato Steel Co., Armorel Air Division, $2500 penalty; Searcy Water and Sewer Systems, Searcy NPDES/Water Division, $2000 penalty; Viper Boats, Inc., Mountain Home Air Division, $10,000 penalty; Wilson, Frankie (Frankie Wilson Farm), Glenwood Water Division, $400 penalty.

NOTICE OF VIOLATION

Comet Cleaners, Springdale Hazardous Waste Division, $13,500 penalty; Gildner Autoplex, Inc. (Gildner Autoplex), Arkadelphia Regulated Storage Tank Division, $1000 penalty.

Comments due Jan. 10, 2002. 

red bar graphic CALIFORNIA


Air Resources Board


Air Quality Maps: Estimated Cancer Risk from Air Toxics



Bay Area Plan Submitted to U.S. EPA



  • The 2001 Plan contains a control strategy with 7 new stationary source measures, 5 new transportation control measures (TCMs), and 11 further-study measures. In the 2001 Plan, the Bay Area Air Quality Management District also commits to strengthen the Smog Check program by requesting the State Bureau of Automotive Repair to implement two VOC-reducing program elements. The new measures and on-going programs will provide 271 tons per day of combined VOC and NOx emission reductions between 2000 and 2006. The 2001 Plan also includes a new attainment assessment based on currently available data for the Bay Area. The Bay Area co-lead agencies have committed to reassess the attainment assessment in 2003 using data from the Central California Ozone Study and to submit a revised SIP to U.S. EPA in 2004 with any needed modifications to the control strategy. See http://www.arb.ca.gov/sip/basip01.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. A Feb. 2002 release date is planned. See http://www.arb.ca.gov/planning/caplan/schedule.htm 

Particulate Matter Rule Revision Workshops



Residential Waste Burning Workshops



  • ARB is developing an airborne toxics control measure to reduce air emissions of dioxins and other toxics from outdoor residential waste burning. The ARB will conduct public meetings in Dec. 2001 and Jan. 2002 to receive input on the proposed measure. See http://www.arb.ca.gov/smp/resburn/resburn.htm 

Voluntary Accelerated Vehicle Retirement Proposed Regulation Update-Draft Regulations



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 was 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 was 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


Report to the Air Quality Advisory Committee on the Review of the California Ambient Air Quality Standards for Particulate Matter and Sulfates



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 Identification Committee



South Coast Air Quality Management District (SCAQMD)


Proposed Amended Rule 2202–On-Road Motor Vehicle Mitigation Options



  • Proposed Amended Rule 2202 would be applicable to any employer who employs 250 or more employees on a full or part-time basis at a single worksite. The proposed amendments would delete outdated information regarding alternative fuel vehicle credits and remote sensing credits, provide consistency among the existing rule and supporting guidelines (Employee Commute Reduction Program and Implementation Guidelines), and exempt police officers and sheriffs who perform field enforcement and/or investigative functions from the average vehicle ridership survey requirements. Hearing Jan. 11, 2002. See http://www.aqmd.gov/pub_edu/nph2202.html 

Proposed Amendments To Rules 481-Spray Coating Operations and 1141.2-Surfactant Manufacturing 



  • AQMD is considering the amendment of Rules 481 and 1141.2 to add test methods, definitions, and recordkeeping requirements in response to concerns expressed by CARB during the 1999 amendment to the rules as part of the recordkeeping streamlining project. The proposed amendments to Rule 481 also add high volume, low pressure as an approved coating application method and add an exemption for extreme high gloss coatings used in the marine pleasure craft industry. The proposed amendments to Rule 1141.2 also include deletion of an exemption for equipment using exclusively very low vapor pressure materials. Other clarifications and administrative changes are also included. Hearing Jan. 11, 2002. See http://www.aqmd.gov/pub_edu/nph481_1141_2.html 

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



  • Dec. 20 hearing regarding proposed revisions to Regulation 11, Motor Vehicle Emissions and Inspections Program. See http://www.cdphe.state.co.us/op/Reg11_06_01.pdf (notice) and http://www.cdphe.state.co.us/op/Reg%20changes%20Rd%20I.pdf (proposed changes)

  • Dec. 20 hearing regarding proposed revisions to Regulation 1, Emissions Control for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides. See http://www.cdphe.state.co.us/op/reg1_08_01.pdf (notice) and http://www.cdphe.state.co.us/op/RegLang&Statement09-12.pdf (proposed changes). 

  • Dec. 20 hearing regarding revisions to Regulation 8, Part E, Maximum Achievable Control Technology Standards. See http://www.cdphe.state.co.us/op/reg8A&E01.htm (notice) and http://www.cdphe.state.co.us/op/reg8.pdf (proposed changes)

  • Jan. 17, 2002, hearing on proposed revisions to Regulation No. 6, Part A: Standards of Performance for New Stationary Sources. See http://www.cdphe.state.co.us/op/Reg6A_1-01.htm 

  • Proposed revisions of Regulation No. 18, Control of Emissions of Acid Deposition Precursors. The amendments would incorporate by reference the federal amendments to 40 C.F.R. part 72, the federal Acid Rain Program. Hearing Feb. 21, 2002. See http://www.cdphe.state.co.us/op/aqccdown/aqfeb02reg18hearingnotice.htm 

  • Proposed revisions to Regulation No. 6 Parts A and B: Standards of Performance for new Stationary Sources. The incorporation by reference includes a consolidated federal air rule for the Synthetic Organic Chemical Manufacturing Industry, amendments to the emissions monitoring and compliance provisions contained in the new source performance standards for electric utility steam generating units and industrial-commercial-institutional steam generating units, amendments to provisions of the nitrogen oxides emission standards for new electric utility steam generating units and industrial-commercial-institutional steam generating units, amendments to the new source performance standard for large municipal waste combustors, reestablishment of a new sources performance standard for new small municipal waste combustion, adoption of standards for new commercial and industrial solid waste incineration units, promulgation of Performance Specification 15, and editorial changes and technical corrections. Hearing Feb. 21, 2002. See http://www.cdphe.state.co.us/op/aqccdown/aqhearingReg6A&B_02_02.htm 

  • Proposed revisions to Long Term Strategy for Class I Visibility Protection State Implementation Plan. The Commission will consider the Long Term Strategy in two parts. Part one is a report that reviews the state and federal requirements, the progress of the program in remedying existing visibility impairment, the ability of the program to prevent future visibility impairment, the changes in visibility since the beginning of the program, additional measures that may be necessary to ensure reasonable progress toward the national visibility goal, and the application of best available retrofit technology. Part two of the Long Term Strategy is a revision of the State Implementation Plan (SIP). This SIP revision addresses changes to smoke management practices regarding the smoke management memorandum of agreement, the Commissions’ adoption of new permitting requirements, and the requirements of significant users of prescribed fire to submit planning documents describing how they choose and use prescribed fire. It will also update previously existing activities regarding reasonable progress at Mount Zirkel Wilderness Area. Hearing Feb. 21, 2002. See http://www.cdphe.state.co.us/op/aqccdown/AQhearVisibilityFeb02.htm 

  • Proposed revisions to Procedural Rules and Regulation #3. Will clarify the public comment hearing process for certain construction permits and operating permits. Section 25-7-114.5, C.R.S., requires the Commission to hold a public comment hearing upon request to allow interested persons the opportunity to appear and submit comments on certain draft permits, the sufficiency of the Air Pollution Control Division’s preliminary analysis and whether the permit application should be approved or denied. The Commission will also consider proposed revisions to Reg. #3 that allow the Division to effectuate public notice of the availability for public comment on the permit application and its preliminary analysis. The proposed revisions would provide for public notice by publication in a paper of statewide distribution and by posting of such notice on the publicly accessible portion of the Division’s web site. Hearing Feb. 21, 2002. See http://www.cdphe.state.co.us/op/aqccdown/aqnoticereg3feb02.htm 

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


U.S. Army Corps of Engineers Permit Applications to Deepen the Delaware River Navigation Channel



Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Department of Environmental Protection



Proposed Regulations-Everglades Phosphorous Standard



  • Ten parts per billion standard proposed; the proposed standard is also the “default” numeric standard established by the Legislature for the Everglades Protection Area in the event a standard is not adopted through normal rulemaking. "The Department recognizes that achieving this exacting water quality standard over 2 million acres of the Everglades Protection Area is, like other elements of Everglades restoration (i.e., water quantity, timing and distribution) a long term objective. While the majority of the Everglades already meets or is close to meeting a phosphorous standard of 10 parts per billion, it will be several decades before this standard will be routinely met throughout the entire Everglades Protection Area." The DEP "desires the Environmental Regulation Commission to utilize its public process to consider the complex issues associated with an appropriate methodology for measuring progress toward a phosphorous standard of 10 parts per billion. This should not, in any way, delay any schedules for Everglades restoration found in the Everglades Forever Act or in the Comprehensive Everglades Restoration Plan found in the federal Water Resources Development Act of 2000." 

    "This process should consider several factors, including: necessary modifications to the existing marsh monitoring network for data collection; protocols for quality assurance and quality control for the data that is collected; utilization of valid statistical approaches to account for natural variability in water quality; and, the definition of 'net improvement' as proposed in the Everglades Forever Act." 

    "These deliberations should be mindful of legislative direction that the Department adopt a numeric water quality standard that is to be measured as a 'long term geometric mean.' Further, the Legislature directed that this ambient standard be measured in a way that is 'reasonably representative of receiving waters in the Everglades Protection Area.'" See http://www.dep.state.fl.us/secretary/spot/phosphorous.htm   

Public Workshops-Draft Water Conservation Initiative Report



  • 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. 

Public Workshop-Clean Water Funding



  • DATE AND TIME: Jan. 9, 2002, 10:00 a.m. PLACE: Room 611, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, FL. GENERAL SUBJECT MATTER TO BE CONSIDERED: To present the DEP’s recommendations and receive public comment on the intended use of the Fiscal Year (FY) 2002 and 2003 federal CWA appropriations and state matching funds. Funds may be used to finance wastewater, stormwater, or non-point source preconstruction and construction projects through direct loans under State Revolving Fund Rules, Chapters 62-503 and 62-504, Florida Administrative Code (FAC), and incipient agency policy. Approximately $442 million is projected to be available for assignment to projects. Funds are also being used to finance the planning, design, and construction of wastewater infrastructure through grants in aid to disadvantaged small communities under Rule 62-505, FAC. Workshop topics will include rule revision, incipient agency policy, project eligibility, project prioritization, types of assistance available, source and use of funds, and the proposed priority lists of projects. A copy of the proposed FY 2002 Intended Use Plan may be obtained by contacting: Gary Powell, Bureau of Water Facilities Funding, 2600 Blair Stone Road, Mail Station #3505, Tallahassee, FL 32399-2400, (850) 488-8163 or or e-mail gary.powell@dep.state.fl.us

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


Office of the Governor


Governor Ryan Announces New “Green Government” Initiatives



Pollution Control Board (PCB)


Proposed, Final Regulations





  • In the Matter of: Water Quality Triennial Review: Amendments to 35 Ill. Adm. Code 302.208(e)-(g), 302.504(a), 302.575(d), 303.444, 309.141(h); and proposed 35 Ill. Adm. Code 301.267, 301. 313, 301.413, 304.120, and 309.157. Accepted for hearing Dec. 7. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/View/Collection-704 and http://www.ipcb.state.il.us/Archive/dscgi/ds.py/View/Collection-705 



  • In the Matter of: Amendments to General Permitting Provisions for Portable Emissions Units: Amendments to 35 Ill. Adm. Code 201. Hearing Dec. 7. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/View/Collection-706 and http://www.ipcb.state.il.us/Archive/dscgi/ds.py/View/Collection-707 



  • In the Matter of: Enhanced Vehicle Inspection and Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code 240.191-240.193. Final order adopted Dec. 6. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/View/Collection-510 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. 


  •  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). Nov. 16 Illinois Register publication. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/Get/File-15111 

  • In the Matter of: Amendments to Regulation of Petroleum Leaking Underground Storage Tanks: 35 Ill. Adm. Code 732. Nov. 16 Illinois Register publication. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/Get/File-15110 

  • 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.  



  • Proposed Amendments to Tiered Approach to Corrective Action Objectives 35 Ill. Adm. Code 742. The Board adopted a Second Notice Opinion and Order Dec. 6, 2001.



  • 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. The Board adopted a Second Notice Opinion and Order 12/06/01. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/Get/File-15518 



  • 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 promulgated amendments to 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. 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 amendments prescribe 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 amendments establish 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 amendments also include new standards for constructing livestock waste handling facilities in areas with shallow aquifer material, flood fringe areas, and karst areas (§§506.310-506.312). The Board adopted a final Opinion and Order Nov. 1, 2001 with an Nov. 15, 2001 effective date for the amendments. See http://www.ipcb.state.il.us/Archive/dscgi/ds.py/Get/File-15112  



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



  • 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, U.S. EPA Amendments (Jan.1, 2001, through June 30, 2001). Board adopted proposal for public comment Oct. 4, 2001. 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 C.F.R. 260 through 40 C.F.R. 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


Proposed Regulations-Air Quality-Title V Applications




  • Item 1 removes the reference to an application form for a variance to the Department’s open burning rules. The variance request form for an open burning variance is out of date and is no longer used. Deleting this reference does not prevent the use of the procedures for requesting a variance, specified in rule 21.2(455B). In Item 2, subparagraph 22.1(1)“c”(4) is added which requires a notification to the Department for units where construction has started prior to the issuance of a construction permit. If a unit is built under paragraph 22.1(1)“c,” the owner or operator will not have a permit until after construction has already started or has been completed. The new subparagraph clarifies the notification requirement as to whether or not a permit is in the possession of an owner or operator taking advantage of constructing without an issued permit. The subparagraph requires a start construction notification within 30 days after starting construction, regardless of the permit issuance status. 



  • Item 3 pertains to notifying the Department for intended startup and actual startup of permitted equipment. Item 3 establishes a more specific time at which the notification needs to be sent as well as what information needs to be provided to the Department. The change also makes the Department’s deadlines consistent with the deadlines in new source performance standards (NSPS). Item 4 is a corrective amendment. The Department’s staff has used the terms “total suspended particulate” and “particulate matter” interchangeably in the rules. However, the two terms have different definitions as found in Chapter 20. According to Chapter 20, “particulate matter” means any material, except uncombined water, that exists in a finely divided form as a liquid or solid at standard condition. “Total suspended particulate” means particulate matter as measured by an EPA–approved reference method. 



  • Item 5 clarifies that Title V fees are not required for particulate matter (excluding PM10). Particulate matter is not listed in the definition of “regulated air pollutant or contaminant (for fee calculation).” Without this listing in the definition, it is unclear which forms of particulate matter are subject to the Title V fees. Item 6 is an administrative change. Subrule 22.101(1) discusses criteria that outline when Title V permits must be obtained. The subrule cites subrules 22.102(1) and 22.102(2) as exceptions to the need to apply for a Title V permit. Additional emission source categories that are exempt from having to obtain a Title V permit were added to rule 22.102(455B) in the past. However, the listing of these additional exemptions in subrule 22.101(1) had not been included to update the exemptions. In addition to the source category exemptions to Title V permitting, any facility covered by a voluntary operating permit or an operating permit by rule for small sources is not required to apply for a Title V permit. These other permit options are recognized in the rule.



  • Item 7 clarifies whether a source subject to an NSPS or NESHAP must apply for a Title V permit. A literal interpretation of existing paragraph 22.201(2)“b” implies that once an NSPS or NESHAP is promulgated, that source is subject to Title V permit requirements even if the newly promulgated standard specifically exempts sources from Title V.



  • Item 8 pertains to exceptions to the eligibility requirements for the operating permit by rule for small sources. Subrule 22.300(3) identifies three cases when sources will be exempt from being able to obtain permit coverage under the operating permit by rule. Paragraph “a” addresses sources subject to acid rain requirements and solid waste incinerators; paragraph “b” addresses sources subject to NSPS; and paragraph “c” addresses sources subject to NESHAPs. The language in paragraphs “b” and “c” has been modified to clarify when sources would no longer be eligible for coverage by the operating permit by rule for small sources. Without this clarification, it could be assumed that as soon as EPA promulgates a NESHAP or NSPS for a particular source, that source would immediately not be eligible for coverage under the permit by rule for small sources.



  • Item 9 pertains to recordkeeping requirements for an operating permit by rule for small sources. The proposed amendments to this paragraph are administrative. The changes correct a reference to the recordkeeping required for emission units and correct a reference to the required record keeping for emission control equipment. The proposed changes also address a problem in the use of inconsistent terms. The terms “emission control equipment” and “emission control unit” are being used interchangeably in paragraph 22.300(7)“c.” The amendments propose to change all of the references to “emission control units” to the term “emission control equipment” for consistency.



  • Item 10 provides an updated reference to standards of performance for new sources. Two new standards of performance for a NSPS have been incorporated into the proposed amendments in Item 11. These new NSPSs are for commercial and industrial solid waste incineration units and new small municipal waste combustion units. 



  • Items 12 to 15 pertain to updating federally adopted emission standards for hazardous air pollutants. In Item 12, the reference date for adopting any amendments to the federal regulations over emission standards for hazardous air pollutants the Department has listed in subrule 23.1(4) has been updated to Aug.16, 2001, the most recent date for a new or modified NESHAP. Five new NESHAPs have been promulgated on the federal level since the last departmental rule update. Item 13 adopts by reference a NESHAP for chemical recovery combustion sources at kraft, soda, sulfite, and stand–alone semichemical pulp mills. Item 14 adopts by reference a NESHAP for secondary aluminum production. Three new NESHAPs are adopted in Item 15: emission standards for hazardous air pollutants for manufacturing of nutritional yeast; solvent extraction for vegetable oil production; and boat manufacturing.



  • Items 16, 17, and 18 allow the Department to update its references to federal regulations by incorporating changes made after the Department adopted the federal regulation by reference.


Comments are due Jan. 25, 2001. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB011212.html 


Proposed Regulations-Special Waste Disposal Authorization




  • Would amend Chapter 102, “Permits,” and adopt new Chapter 109, “Special Waste Authorizations,” Iowa Admin. Code. The proposed amendments establish a separate chapter for special waste authorizations in order to make the rules more visible and easier to locate. The proposed amendments also require landfills that accept special waste to prepare special waste acceptance criteria (SWAC) which are submitted to the Department. The SWAC will identify the special handling practices that must be followed by the landfill operators at each specific landfill, by waste haulers and by generators of special waste. The existing rule requires Department staff to make decisions on how special waste should be handled. The proposed rules transfer that responsibility to the landfill managers and operators who are familiar with the landfill’s operation and more capable of making those decisions. Comments due Jan. 4, 2002. See http://www.legis.state.ia.us/Rules/2001/Bulletin/ACB011212.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


Final Regulations-Air Quality



Final Regulations-Waste Tires



Proposed Regulations-Air Quality



Proposed Regulations-Underground Storage Tanks



Proposed Regulations-Water Quality



Emergency Regulations



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 MAINE 


Department of Conservation, Bureau of Forestry (Maine Forest Service)


Proposed Regulations




  • This proposal would establish statewide standards for timber harvesting activities in shoreland areas. In general, timber harvesting activities in shoreland areas must not expose mineral soil that can be washed into water bodies, including nonforested wetlands. Timber harvesting adjacent to certain water bodies must leave windfirm stands that provide adequate shade. Roads constructed for timber harvesting activities in shoreland areas must be constructed and maintained to standards designed to minimize the chance of exposed soil washing into water bodies, including wetlands. Stream crossings must not disrupt the natural flow of water and must not deliver sediment to water bodies. Public hearings Jan. 8, 10, 2002; comments due Jan. 22. See http://www.state.me.us/sos/cec/rcn/apa/notices/121901.htm 

red bar graphic MARYLAND


Department of the Environment


Public Meetings/Hearings     


red bar graphic MASSACHUSETTS


Department of Environmental Protection


Final Regulations-Solid Waste



Summary Of Requirements For Small Quantity Generators Of Hazardous Waste



Draft TMDLs 



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



Enforcement Actions



Holyoke Is Fined, Will Improve Operations In The Wake Of Raw Wastewater Pumped Into The Connecticut River 



Westfield Rock Crushing Company Agrees To Pay $12,500 Penalty For Violations



Bellingham Company Pays $12,250 Penalty For Violating State Hazardous Waste Regulations


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.

First Comprehensive Environmental Report Released



  • The State of Michigan’s Environment: First Biennial Report was prepared by the DEQ and the Department of Natural Resources. It is required under Public Act 195 of 1999. The publication reports on a series of environmental indicators that were identified by the departments and reviewed by the Michigan Environmental Science Board. See http://www.deq.state.mi.us/pr/2001releases/011206a.htm 

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 Dec. (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, 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 

Feedlot Registration Deadline is Jan. 1, 2002



Permit Applications, Other Notices



red bar graphic  MISSOURI


Department of Natural Resources


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


Department of Environmental Protection 


Clark County Air Quality Meeting


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 was Dec. 11; comments due Dec. 21. See http://www.des.state.nh.us/hearings.htm 

red bar graphic  NEW JERSEY


Department of Environmental Protection


Proposed Regulations-Solid, Hazardous Wastes




  • Solid Waste Rules (Proposed readoption with amendments), N.J.A.C. 7:26. Comments due Feb. 15, 2002; hearing Jan. 23, 2002. The proposed readoption with amendments and new rules will update technical requirements, add conditional exemptions, and clarify certain provisions of the rules. 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. See http://www.state.nj.us/dep/rules/notices/121701a.html 



  • Recycling Rules (Proposed readoption with amendments), N.J.A.C. 7:26A. The proposed readoption with amendments and new rules will incorporate by reference prospectively the Federal universal waste rules, add additional conditional recycling exemptions, clarify certain provisions of the rules, and propose additional design and operational standards for recycling centers which receive, store, process or transfer Class B recyclable materials or Class D recyclable materials including universal waste. Comments due Feb. 15, 2002; hearing Jan. 23, 2002. See http://www.state.nj.us/dep/rules/notices/121701b.html 



  • Hazardous Waste Regulations (Readoption), N.J.A.C. 7:26G. See http://www.state.nj.us/dep/rules/notices/111901a.html The proposed readoption with amendments and new rules will clarify certain provisions of the rules and incorporate recent changes to maintain consistency with the federal hazardous waste management rules. Amendments will include continued prospective incorporation by reference and changes to the transporter licensing and registration program for consistency with the solid waste transporter program and to implement a biennial rather than annual registration system. The proposed new rule will add Appendix A, which is a penalty table covering violations of the U.S. Department of Transportation regulations. Hearing Jan. 8, 2002; comments due Jan. 27, 2002. See http://www.state.nj.us/dep/rules/notices/111901a.html 


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. 7:27-16. 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



Water Quality Commission-Proposed Amendments to 20.6.2 NMAC, Public Notification Process for Groundwater Discharge Permits



Final TMDLs



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


Department of Environment and Natural Resources


"Truth in Penalties" Enforcement Plan Described



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 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-Drinking Water Quality



  • Amenments to 15A NCAC 18C.1510 will reduce maximum contaminant level (MCL) for arsenic from 0.05 mg/liter to 0.01 mg/liter, effective Jan. 1, 2002. The standard is based on a U.S. EPA MCL that will not be enforceable until Jan. 23, 2006. 

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



  • Comments on revised draft NOx rules prepared in response to U.S. EPA's NOx SIP call accepted through Dec. 21. Under the draft rules, utilities and industries that voluntarily implement NOx reductions in 2001, 2002, or 2003 would be rewarded by earning early reduction credits. These credits could be used in 2004 and 2005 at other facilities they own or sold in an open trading market. Credits also can be earned by any facility that reduces energy consumption by increasing energy efficiency, using renewable energy sources or using other innovative approaches. Ohio's plan is based on a base-year budget of 163,132 tons from all regulated and unregulated electric utility sources. With the mandated reductions, that emissions level will drop to 49,535 tons. Emissions reporting as required in this plan will begin on May 2, 2003. The state will require compliance with these reduction goals by the court-ordered deadline of May 1, 2004. See http://www.epa.state.oh.us/dapc/regs/noxdraft.pdf and http://www.epa.state.oh.us/pic/nr/2001/dec/nox.html 

OEPA Actions, Notices by County



Public Meetings



Pending Air Permits



Equistar Chemicals Agrees to Pay $65,000 Penalty for Air Violations


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 TMDLs



Rigid Plastic Container Recycling Rate Holds Steady at 28.4%



Air Quality 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 (VOCs) 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 are due Jan.16, 2002.  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 a public hearing 2:00 p.m., 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 Jan. 28 (extended deadline). See http://www.pabulletin.com/secure/data/vol31/31-49/2189.html and  http://www.dep.state.pa.us/dep/subject/Draft_technical_guidance/392-0300-002.pdf 

NPDES Permit Applications



Draft Technical Guidance


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Department of Environmental Management


Draft Environmental Equity Policy



Upcoming Events


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Department of Health and Environmental Control


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



  • The amendments, pending legislative approval, 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

Proposed Regulations-Air Quality-Asbestos Fees


 



 



  • DHEC proposes to amend R.61-86.1 to prescribe alternate procedures and fees for asbestos abatement projects and licenses. The purpose of this revision is to add fees for other special asbestos project categories. This proposed amendment is necessary to help provide adequate funding for the asbestos program. The fee schedule for asbestos abatement projects and licenses has not been updated since established in 1988. South Carolina’s fee schedule will be expanded in some areas, taking into account current fees assessed by other southeastern states. DHEC is proposing to add fees for the licensing of asbestos training courses that are required for asbestos abatement personnel and for the processing and inspection of demolition projects. Legislative review is required. Hearing Jan. 10, 2002. 


Revised Air Modeling Guidelines Available



Permit Application Notices


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Department of Environment and Conservation


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



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


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Department of Environmental 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.

Proposed TMDL


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Department of Ecology


Final Regulations-Air Quality



Proposed Regulations



State Environmental Policy Act Register; Miscellaneous


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Department of Environmental Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


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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. 

  • 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



  • The Asian Development Bank set up a new fund, The Cooperation Fund for the Water Sector. See http://www.adb.org/Documents/News/2001/nr2001186.asp 

  • Water shortages are intensifying in Nicaragua and Honduras, with rationing in some areas. 

  • Canada said it would double spending on two environmental infrastructure funds, the Green Municipal Enabling Fund and the Green Municipal Investment Fund. See http://www.fin.gc.ca    

red bar graphic  CLIMATE CHANGE