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Weekly Update Volume 31, Issue 4

02/05/2001

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


  APA NOTICE-AND-COMMENT, TSCA, PCBs, POROUS SURFACES:

The D.C. Circuit held that EPA's failure to follow the APA notice-and-comment procedures in 5 U.S.C. §553 when it amended the TSCA regulation for continued use of PCB-contaminated porous surfaces rendered the amendment unlawful. When EPA amended the rule, it changed the PCB concentration level at which PCB-contaminated surfaces may be reused. EPA claimed that the change corrected an error in the rule's language and, as a correction of a technical error, it was not required to comply with the APA. However, administrative agencies do not possess an inherent power to correct their mistakes without complying with the APA's procedural requirements. EPA must correct its mistake either by complying with the usual notice-and-comment APA rulemaking procedures found in 5 U.S.C §553(b), or by complying with the procedures set out in 5 U.S.C. §553(b)(B) for exceptions to normal notice- and- comment procedures. Moreover, the EPA-offered precedent allegedly supporting its inherent power to correct errors is distinguishable from or inconsistent with the APA. In addition, EPA's amendment does not fall within one of §553(b)(B)'s exceptions to normal notice-and-comment. The amendment was not so necessary for public safety that notice and comment would be impracticable. Likewise, because both the public and industry were interested in the amendment, it was not so inconsequential as to render notice and comment unnecessary. Similarly, any public interest served by the amendment would not be defeated by advanced notice of its proposed promulgation. Utility Solid Waste Activities Group v. Environmental Protection Agency, Nos. 99-1372, -1374 (D.C. Cir. Jan. 30, 2001) (8 pp.).

  FEDERAL POWER ACT (FPA), HYDROPOWER LICENSE CONDITIONS, "RESERVATION":

The D.C. Circuit held that FERC could require a hydroelectric power company, as part of its FPA license, to implement a wild rice enhancement plan on a lake bordering federal lands in Wisconsin, but FERC's decision to charge the company an annual fee for use of submerged federal lands was arbitrary and capricious. Under FPA §4(e), FERC has the authority to attach conditions to a license to operate a hydroelectric project where the project is located within a federal reservation. A federal reservation includes national forests, tribal lands, and other lands and interests owned by the United States. Federal agencies own at least an interest in the lands overflowed by the company's reservoir. Further, even though the implementation plan requires lowering all reservoir water levels on both federal and non-federal land, FERC's FPA authority extends to areas outside the reservation because it is impossible to lower the water level over the federal lands without reducing the entire reservoir. Moreover, the agencies with jurisdiction over the neighboring federal lands reasonably concluded based on the evidence before them that a reduction in the reservoir level would allow wild rice to grow, and the FPA bound FERC to include in licenses conditions imposed by agencies with jurisdiction over neighboring federal lands. However, it was arbitrary and capricious for FERC to begin charging the company usage fees for submerged lands without providing any explanation for its sudden change in the policy as to whether the company had the burden to demonstrate that it does not use federal government land. Wisconsin Valley Improvement Co. v. Federal Energy Regulatory Commission, No. 97-1557 (D.C. Cir. Jan. 26, 2001) (10 pp.).

  SDWA, LEAD AND COPPER RULE, JURISDICTION:

The Eighth Circuit affirmed a district court dismissal for lack of subject matter jurisdiction of a state and a town's suit alleging that the SDWA is unconstitutional. Under SDWA §300j-7, a petition for review of a SDWA regulation must be filed in the U.S. Court of Appeals for the D.C. Circuit within 45 days of the challenged regulation's promulgation. The state previously sought review in federal district court of the EPA-issued SDWA lead and copper regulation, but that court dismissed the suit because it had not been filed in the D.C. Circuit. The state, joined by the town, then sought a declaratory judgment in federal district court that the SDWA is unconstitutional as it is applied to two public water facilities. Again, the district court dismissed for lack of subject matter jurisdiction, and the state and the town's appeal of that dismissal is at issue here. However, the present suit challenging the constitutionality of the SDWA is not independent of EPA's implementing regulations. Although this action omits all references to the lead and copper rule and casts itself as an "as-applied" challenge to the Act itself, the SDWA is not self-executing, and is applied through the SDWA regulations. Therefore, the challenge to the Act as applied to the water facilities necessarily implicates the lead and copper regulation, and, thus, triggers SDWA §300j-7's jurisdictional requirements. Nebraska v. United States, No. 00-2410 (8th Cir. Feb. 1, 2001) (6 pp.).

  CWA §509(b)(1), VENUE, JURISDICTION:

The D.C. Circuit dismissed industry groups' petition to dismiss an environmental group's challenge to EPA's CWA discharge regulations for pulp and paper mills. The industry groups also challenged EPA's regulations, but they argued that the court lacks subject matter jurisdiction to review the environmental group's claim. CWA §509(b)(1) allows for review of CWA rules by any interested person in U.S. Circuit Courts in the judicial district where "such person resides or transacts business." Thus, the industry groups argue that the court lacks subject matter jurisdiction over the environmental group because only one petitioner from the environmental group resides or does business in the Ninth Circuit--where the case originated before transfer--and that petitioner's claim is now moot. However, the CWA §509(b)(1) provision at issue determines venue, not jurisdiction. Unlike similar provisions in other environmental statutes, CWA §509(b)(1) does not contain exclusive language stating that the environmental group's petition for review may be filed and heard only by a specified circuit. Instead, CWA §509(b)(1) allows for review of any enumerated claim in whichever circuit an interested person resides or transacts business. Thus, its purpose is to divide cases among the circuits. Because objections to venue may be waived and since the industry groups concede that proper venue is no longer at issue, the motion to dismiss the environmental group's claim is dismissed. National Wildlife Federation v. Browner, No. 00-1258 (D.C. Cir. Jan. 30, 2001) (6 pp.).

  CWA §309(g)(8)(B), CIVIL PENALTIES, WETLANDS, TIMELY NOTICE:


The D.C. Circuit dismissed as untimely a drainage tile company's appeal of a civil penalty imposed for discharging a pollutant into a wetland without a CWA §404 permit. CWA §309(g)(8)(B) states that a party may obtain judicial review of a civil penalty by filing a notice of appeal within a 30-day period beginning on the date the civil penalty order is issued. Accepting the company's argument that the order was issued on September 30, 1999, its notice of appeal, which was filed on November 1, 1999, was not timely because it was filed with the court two days after the legal time period. Slinger Drainage, Inc. v. Environmental Protection Agency, No. 99-1433 (D.C. Cir. Jan. 30, 2001) (3 pp.).



  CWA, CITIZEN SUIT, DILIGENT PROSECUTION:

A district court held that a consent order entered into by the Alabama environmental agency and a city's sewer board regarding a board-owned water treatment plant's compliance with its NPDES permits did not bar individuals' CWA §505(a) citizen suit against the board for alleged NPDES violations at the plant. Although the consent order imposes no civil penalties, the CWA citizen suit bar could apply because a consent order with no civil penalties may constitute diligent prosecution under state law comparable to the CWA administrative penalty provision. However, the indicia of diligence weigh against a finding of diligent prosecution by the state agency in this case. With broad language, the consent order purportedly covers and releases the board from any violations that could have occurred. Such broad language fails to adequately identify and, therefore, fails to cover and release the specific violations that form the basis of the individuals' suit. Further, there is no evidence to indicate that any required consent order-imposed modifications at the board's plant would rise to the level of a burden that would take the place of an administrative penalty. Moreover, instead of weighing the penalty factors based on violations by the board, the state agency relied on its consideration of violations by the previous owner of the plant. In addition, although the consent order purportedly required immediate compliance with its NPDES permits, the order actually allows the board a number of years to come into compliance and leaves open the possibility that no changes will be made. Therefore, the consent order does not constitute diligent prosecution that would bar the individuals' suit. Bishop v. Water Works & Sanitary Sewer Board of the City of Montgomery, No. CIV.A. 00-A-527-N (M.D. Ala. Jan. 16, 2001) (Albritton, J.) (12 pp.).

  TAKINGS, NATIVE AMERICAN LANDS, COLLATERAL ESTOPPEL, SENECA NATION LAND CLAIMS SETTLEMENT ACT (SNLCSA):

The Federal Circuit affirmed the Court of Federal Claims' dismissal of individuals' claims that the enactment of the SNLCSA constituted a taking of property rights that the individuals held on the Allegany Reservation of the Seneca Nation of Indians (SNI). The individuals' 99-year leases for reservation land expired in 1991. Prior to expiration, the SNI and an authority representing the individuals negotiated an agreement under which the individuals would be offered new leases if the United States and New York state agreed to pay the SNI $60 million to remedy the inequities of the 99-year leases. To effectuate this agreement, Congress enacted the SNLCSA. Some of the individuals challenged the proposed leases and the SNLCSA, and the U.S. Court of Appeals for the Second Circuit held that the 99-year leases did not provide the individuals with a right of lease renewal. On remand, the individuals' claims were dismissed, but some refused to accept the new leases and, consequently, the SNI successfully brought an ejectment action. The ejected individuals and other individuals who had accepted the new leases filed a takings claim in the Court of Federal Claims. However, under the doctrine of collateral estoppel, the Second Circuit decision and the ejectment action precluded the individuals' takings claims. The individuals had a full and fair opportunity to litigate the issue before the Second Circuit, and that court held that all leaseholders had no right to renewal and, thus, no protected property interest that could provide a legal basis for a takings claims. The ejectment action must also be given preclusive effect because the same issue was briefed, argued, and actually litigated during the action. Therefore, applying the Second Circuit decision, all leaseholders lack a property interest in the leases and, consequently, the individuals' takings claims were properly dismissed. In addition, the individuals lack a property interest in improvements to their leased land because the 99-year leases did not expressly provide for such an interest, and improvements to realty are considered part of the real property and, therefore, follow title to the land. Banner v. United States, No. 00-5006 (Fed. Cir. Jan. 29, 2001) (10 pp.).

  CERCLA, CONTRIBUTION, COST RECOVERY, INNOCENT LANDOWNER DEFENSE, PREEMPTION:

A district court held that a manufacturer seeking to recover response costs it incurred at a Connecticut site cannot seek a CERCLA §107 cost recovery action against other PRPs, but that the manufacturer can seek cost recovery under a state hazardous waste statute. The manufacturer, as an operator of a Superfund site, is a PRP and, therefore, cannot bring a CERCLA §107 cost recovery action against another PRP unless it can assert an affirmative defense. The manufacturer attempted to assert the innocent landowner defense by arguing that the site is divisible into separate facilities and, as such, the manufacturer is innocent with regard to portions of the site. The overwhelming authority, however, rejects the innocent landowner defense as to portions of the site. Moreover, the manufacturer provides no facts supporting divisibility, and the manufacturer failed to claim that a third party released the hazardous substances at issue, as is required to qualify for the defense. However, the manufacturer can seek reasonable  recovery costs under Connecticut General Statute §22a-452. CERCLA does not preempt state statutes where, as here, the state-law claim does not conflict with CERCLA's settlement scheme. Further, allowing the state-law claim would not defeat or impede a purpose of CERCLA, and the manufacturer could not recover damages under state law that are also recoverable under CERCLA. Durham Manufacturing Co. v. Merriam Manufacturing Co., No. 3:99CV02583 GLG (D. Conn. Jan. 9, 2001) (Goettel, J.) (7 pp.).

  CERCLA, COST RECOVERY, CONTRIBUTION, INNOCENT LANDOWNER DEFENSE, RESPONSE COSTS:

A district court held that an Ohio property owner could seek CERCLA §113 contribution but not CERCLA §107 cost recovery from the previous property owner and that the previous property owner was not entitled to summary judgment on the subject of its liability. The current owner cannot claim the innocent landowner defense and, thus, cannot seek a CERCLA §107 cost recovery action because factual issues exist as to who owned the property when the disposal of hazardous substances took place. There are also factual questions concerning whether the current owner's failure to conduct a site assessment bars the innocent landowner defense. Moreover, by failing to secure the site or make an effort to clean up the hazardous substances, the current owner failed to show that it exercised due care with respect to the hazardous substances on the property. In addition, the previous owner is not entitled to summary judgment on the issue of its potential CERCLA §113 liability because the current owner showed that it incurred at least one recoverable response cost. Further, because CERCLA contains no quantitative requirement, the fact that the concentrations of metals on the property may fall below standards promulgated by the state environmental agency is completely irrelevant to the issue of the previous owner's potential liability. Containerport Group, Inc. v. American Financial Group, Inc., No. C2-95-1262 (S.D. Ohio Jan. 16, 2001) (Holschuh, J.) (14 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.


  AIR:



  • EPA published revisions to the list of categories of major and area sources for sources of hazardous air pollutants. 66 FR 8220 (1/30/01). 

  • EPA entered into a proposed settlement agreement in the lawsuit Idaho Clean Air Force v. EPA, Nos. 99-70259, -70576 (9th Cir.), which challenged an EPA rule that removed the applicability of the 1987 NAAQS for particulate matter having an aerodynamic diameter of 10 microns or less (PM10), and associated designation and classification for Northern Ada County, Idaho. 66 FR 8229 (1/30/01). 

  • EPA entered into a proposed partial consent decree in Sierra Club v. Browner, No. 1:00CV02206 (D.D.C.), which concerns EPA's alleged failure to determine whether various identified areas that are designated as nonattainment for either the one-hour ozone or PM10 NAAQS attained these NAAQS by their attainment dates. 66 FR 8229 (1/30/01). 

  • EPA temporarily delayed for 60 days the effective date of the rule entitled Petition by American Samoa for Exemption from Anti-Dumping Requirements for Conventional Gasoline, which was published on November 29, 2000 (65 Fed. Reg. 71067), in order to give Agency officials the opportunity for further review and consideration of new regulations, consistent with the Assistant to the President's memorandum of January 20, 2001. 66 FR 8089 (1/29/01). 

  ENDANGERED SPECIES:



  • FWS designated approximately 4.6 million acres (1.9 million hectares) of critical habitat on federal lands in Arizona, Colorado, New Mexico, and Utah for the Mexican spotted owl. 66 FR 8530 (2/1/01).

  • FWS designated approximately 844,897 acres (341,919 hectares) in Riverside, San Diego, and Imperial counties, California, as critical habitat for the Peninsular bighorn sheep. 66 FR 8649 (2/1/01).

  DRINKING WATER:



  • EPA announced that it is requesting comments on a substantial modification to Wyoming's underground injection control program. 66 FR 8234 (1/30/01). 

  HAZARDOUS WASTES AND SUBSTANCES:



  • EPA temporarily delayed for 60 days the effective date of the rule entitled Georgia: Final Authorization of State Hazardous Waste Management Program Revision, which was published on November 28, 2000 (65 Fed. Reg. 70804), in order to give Agency officials the opportunity for further review and consideration of new regulations, consistent with the Assistant to the President's memorandum of January 20, 2001. 66 FR 8090 (1/29/01). 

  • EPA announced the availability of a final report, Options for Development of Parametric Probability Distributions for Exposure Factors, that was prepared to assist the Office of Emergency and Remedial Response when applying probabilistic techniques in exposure assessments. 66 FR 8401 (1/31/01). 

  NATURAL RESOURCES:



  • The Federal Highway Administration delayed the effective date of the final rule it published on December 29, 2000 (65 Fed. Reg. 82913), which concerned the mitigation of impacts to wetlands and natural habitat, in order to provide the Administration an opportunity to review this final rule. 66 FR 8089 (1/29/01).

  • NOAA announced the availability of the final evaluation findings for the Delaware, Florida, Massachusetts, New Hampshire, Oregon, and Virginia coastal management programs, and the Elkhorn Slough (California), Narragansett Bay (Rhode Island), Sapelo Island (Georgia), and Tijuana River (California) national estuarine research reserves. 66 FR 8201 (1/30/01). 

  • The National Park Service temporarily delayed for 60 days the effective date of the rule entitled Special Regulations; Areas of the National Park System, published on January 22, 2001 (66 Fed. Reg. 7259), which concerns the restrictions on snowmobiles and other winter activities in Yellowstone and Grand Teton National Parks as well as the John D. Rockefeller, Jr., Memorial Parkway, in order to give Department officials the opportunity for further review and consideration of the new regulations. 66 FR 8366 (1/31/01). 

  DOJ NOTICES OF SETTLEMENT:



  • In re Ecolaire, Inc., C.A., No. 99-2520 (Bnkr. Ct. Del. Jan. 19, 2001) (a settling CERCLA defendant must give EPA, a general unsecured creditor, an allowed claim in the amount of $13,277 in reimbursement of past and future response costs incurred in connection with the Welsh Road site in Honey Brook, Pa.), 66 FR 8425 (1/31/01). 

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

THE CONGRESS
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  BILLS INTRODUCED



  • S. 196 (Boxer, D-Cal.) (energy conservation) would amend the Internal Revenue Code of 1986 to provide a refundable personal credit for energy conservation expenditures. 147 CONG. REC. S636 (daily ed. Jan. 29, 2001). The bill was referred to the Committee on Finance.

  • S. 198 (Craig, R-Idaho) (invasive plants) would require the Secretary of the Interior to establish a program to provide assistance through states to eligible weed management entities to control or eradicate harmful, nonnative weeds on public and private land. 147 CONG. REC. S636 (daily ed. Jan. 29, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 206 (Shelby, R-Ala.) (electric utility deregulation) would repeal the Public Utility Holding Company Act of 1935 in order to enact the Public Utility Holding Company Act of 2001. 14 CONG. REC. S706 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Banking, Housing, and Urban Affairs. 

  • S. 207 (Smith, R-N.H.) (energy conservation) would amend the Internal Revenue Code of 1986 to provide incentives to introduce new technologies to reduce energy consumption in buildings. 147 CONG. REC. S706 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Finance. 

  • S. 213 (Hatch, R-Utah) (national trails) would amend the National Trails System Act to update the feasibility and suitability studies of four national historic trails and provide for possible additions to such trails. 147 CONG. REC. S707 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 221 (Boxer, D-Cal.) (electric generation facilities) would authorize the Secretary of Energy to make loans through a revolving loan fund for states to construct electricity generation facilities for use in electricity supply emergencies. 147 CONG. REC. S707 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 223 (Domenici, R-N.M.) (SDWA) would terminate the effectiveness of certain drinking water regulations. 147 CONG. REC. S914 (daily ed. Jan. 31, 2001). The bill was referred to the Committee on Environment and Public Works. 

  • S. 224 (McCain, R-Ariz.) (national parks) would authorize the Secretary of the Interior to set aside up to $2 per person from park entrance fees or assess up to $2 per person visiting the Grand Canyon or other national park to secure bonds for capital improvements to those parks. 147 CONG. REC. S914 (daily ed. Jan. 31, 2001). The bill was referred to the Committee on Energy and Natural Resources.


  • S. 230 (Ensign, R-Nev.) (land conveyance) would direct the Secretary of the Interior to convey a former BLM administrative site to the City of Carson City, Nevada, for use as a senior center. 147 CONG. REC. S914 (daily ed. Jan. 31, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 245 (Hall, D-Ohio) (natural gas) would provide for the establishment of a Natural Gas Reserve. 147 CONG. REC. H108 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Energy and Commerce. 

  • H.R. 262 (Cunningham, R-Cal.) (oil and gas drilling) would require a temporary moratorium on leasing, exploration, and development on lands of the Outer Continental Shelf off of California. 147 CONG. REC. H109 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 264 (DeFazio, D-Or.) (electric utility regulation) would require FERC to return to the cost-based regulation of wholesale interstate sales of electricity. 147 CONG. REC. H109 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 268 (Filner, D-Cal.) (electric utility pricing) would require FERC to order refunds of unjust, unreasonable, unduly discriminatory or preferential rates and charges for electricity, to establish cost-based rates for electricity sold at wholesale in the Western Systems Coordinating Council. 147 CONG. REC. H109 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 269 (Filner, D-Cal.) (wind energy) would amend the Internal Revenue Code of 1986 to promote the development of domestic wind energy resources. 147 CONG. REC. H109 (daily ed. Jan. 30, 2001). The bill was referred to the Committees on Energy and Commerce, and Ways and Means.

  • H.R. 271 (Gibbons, R-Nev.) (land conveyance) would direct the Secretary of the Interior to convey a former BLM administrative site to the city of Carson City, Nevada, for use as a senior center. 147 CONG. REC. H109 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 273 (Goss, R-Fla.) (oil and gas leasing) would impose certain restrictions and requirements on the leasing under the Outer Continental Shelf Lands Act of lands offshore Florida. 147 CONG. REC. H109 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Resources.


  • H.R. 291 (Moore, D-Kan.) (Native American lands) would  compensate the Wyandotte Tribe of Oklahoma for the taking of certain rights by the federal government. 147 CONG. REC. H110 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Resources.

  • H.R. 294 (Osborne, R-Neb.) (agriculture) would amend the Internal Revenue Code of 1986 to provide an exclusion for gain from the sale of farmland that is similar to the exclusion from gain on the sale of a principal residence. 147 CONG. REC. H110 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 295 (Pascrell, D-N.J.) (Natural Gas Act) would limit the use of eminent domain under the Natural Gas Act to acquire certain state-owned property. 147 CONG. REC. H110 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 301 (Shows, D-Mo.) (agriculture) would require the Secretary of Agriculture to make emergency loans under the Consolidated Farm and Rural Development Act and provide emergency assistance under the Livestock Assistance Program to poultry farmers whose energy costs have escalated sharply. 147 CONG. REC. H110 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Agriculture.

  • H.R. 302 (Shows, D-Mo.) (agriculture) would require the Secretary of Agriculture to make emergency loans under the Consolidated Farm and Rural Development Act to poultry farmers whose energy costs have escalated sharply. 147 CONG. REC. H110 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Agriculture.

  • H.R. 306 (Traficant, D-Ohio) (oil and gas drilling) would prohibit oil and gas drilling in Mosquito Creek Lake in Cortland, Ohio. 147 CONG. REC. H110 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Resources.

  • H.R. 312 (Wynn, D-Md.) (Federal Power Act) would amend the Federal Power Act to provide for the reliability of the electric power transmission system in the United States. 147 CONG. REC. H111 (daily ed. Jan. 30, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 324 (Boehlert, R-N.Y.) (CERCLA) would amend CERCLA to promote brownfields redevelopment and to reauthorize and reform the Superfund program. 147 CONG. REC. H162 (daily ed. Jan. 31, 2001). The bill was referred to the Committees on Energy and Commerce, Transportation and Infrastructure, and Ways and Means.

  • H.R. 325 (Tanner, D-Tenn.) (CWA; fisheries) would amend the CWA to establish a program for fisheries habitat protection, restoration, and enhancement. 147 CONG. REC. H162 (daily ed. Jan. 31, 2001). The bill was referred to the Committees on Transportation and Infrastructure, and Resources.

  • H.R. 327 (Burton, R-Ind.) (regulatory reform; paperwork reduction) would amend chapter 35 of title 44, United States Code, for the purpose of facilitating compliance by small businesses with certain federal paperwork requirements and to establish a task force to examine the feasibility of streamlining paperwork requirements applicable to small businesses. 147 CONG. REC. H163 (daily ed. Jan. 31, 2001). The bill was referred to the Committees on Government Reform, and Small Business.


  • H.R. 350 (Hefley, R-Colo.) (public lands) would establish certain requirements relating to the acquisition, transfer, or disposal of public lands managed by the BLM. 147 CONG. REC. H164 (daily ed. Jan. 31, 2001). The bill was referred to the Committee on Resources.

  • H.R. 352 (Hefley, R-Colo.) (environmental self audits) would establish certain privileges and immunities for information disclosed as part of a voluntary self-evaluation of compliance with environmental requirements, relating to compliance with environmental laws. 147 Cong. Rec. H164 (daily ed. Jan. 31, 2001). The bill was referred to the Committees on the Judiciary, and Energy and Commerce, and Transportation and Infrastructure, and Agriculture, and Resources.

  • H.R. 358 (Kennedy, D-R.I.) (Blackstone River Valley National Heritage Corridor) would authorize appropriations for the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island. 147 CONG. REC. H164 (daily ed. Jan. 31, 2001). The bill was referred to the Committee on Resources.

  • H.R. 359 (Kolbe, R-Ariz.) (national parks) would authorize the Secretary of the Interior to set aside up to $2 per person from park entrance fees or assess up to $2 per person visiting the Grand Canyon National Park and certain other units of the National Park System to secure bonds for capital improvements to these parks. 147 CONG. REC. H164 (daily ed. Jan. 31, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 375 (Royce, R-Cal.) (Department of Commerce) would dismantle the Department of Commerce. 147 CONG. REC. H164 (daily ed. Jan. 31, 2001). The bill was referred to the Committees on Energy and Commerce, Transportation and Infrastructure, and Financial Services, and International Relations, and Armed Services, and Ways and Means, and Government Reform, and the Judiciary, and Science, and Resources.

  • H.R. 376 (Royce, R-Cal.) (DOE) would abolish DOE. 147 CONG. REC. H165 (daily ed. Jan. 31, 2001). The bill was referred to the Committees on Energy and Commerce, and Armed Services, and Science, and Government Reform, and Rules, and Resources.

  • H.R. 377 (Serrano, D-N.Y.) (clean-fuel vehicles) would amend the Internal Revenue Code of 1986 to provide additional incentives for the use of clean-fuel vehicles by businesses within empowerment zones, enterprise communities, and renewal communities. 147 CONG. REC. H165 (daily ed. Jan. 31, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 381 (Stearns, R-Fla.) (electric utilities) would prospectively repeal section 210 of the Public Utility Regulatory Policies Act of 1978. 147 CONG. REC. H165 (daily ed. Jan. 31, 2001). The bill was referred to the Committee on Energy and Commerce. 

  • H.R. 388 (Weiner, D-N.Y.) (energy conservation) would amend the Low-Income Home Energy Assistance Act of 1981 to extend energy assistance to households headed by certain senior citizens. 147 CONG. REC. H165 (daily ed. Jan. 31, 2001). The bill was referred to the Committees on Energy and Commerce, and Education and the Workforce.

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

IN THE STATES

ALABAMA


Dept. of Envtl. Management


Public Notices–Permit Applications 



Daily Ozone Forecast



Jefferson County Dept. of Health


Daily Air Quality Index


ALASKA


Dept. of Envtl. Conservation


Guidance on Calculating Cumulative Risk


ARIZONA


 Dept. of Envtl. Quality


Final Regulations-Voluntary Best Management Practices for Grazing Activities 



  • Four voluntary best management practices were developed by the Grazing Best Management Practices Advisory Committee for persons engaging in livestock grazing. The practices, ranging from managing grazing activities, installing rangeland improvements, and implementing land treatments, have the goal of maintaining soil cover and preventing accelerated erosion, nitrogen discharges, and bacterial impacts to surface waters above natural background amounts to help achieve Surface Water Quality Standards. These voluntary standards have been submitted to the Governor's Regulatory Review Council for review at their April 3 meeting. See http://www.adeq.state.az.us/lead/oac/stat.html#grazing

Final Regulations-Voluntary Remediation Program Interim Fee Rules



  • The Voluntary Remediation Program provides an opportunity for program participants to voluntarily remediate contaminated sites and to obtain the department's review and approval of remedial actions. If remediation levels and controls meet statutory requirements, participants may obtain a determination that the department will not take or require further action at the site. These interim rules will be published in the Arizona Administrative Register on Feb. 9, 2001, and will become effective upon publication. See http://www.adeq.state.az.us/environ/waste/capdev/voluntary/index.html#rules

Final Regulations-Drinking Water



"Brown Cloud Summit" Recommendations



Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements



Arizona Emissions Bank


ARKANSAS


 Dept. of Environmental Quality


Final Report--Water Quality of Arkansas' Significant Publicly-Owned Lakes



Emergency Order-Open Burning



10-Year Strategic Plan


CALIFORNIA


Air Resources Board


Zero Emission Vehicle Mandate Retained by Board 



15-Day Regulatory Notice: 



Clean Air Plan: Strategies for a Healthy Future



Compliance Advisory 



Public Consultation Meetings



Fuels Workshop



Air Quality Data on CD-ROM



Final Carl Moyer Guideline Standards



Dept. of Toxic Substances Control


Proposed Regulations



Integrated Waste Management Board


Waste Diversion Rate



Draft Regulations-Compostable Organic Materials



Water Resources Control Board


Draft Revised Water Quality Enforcement Policy



Sanitary Sewer and Treatment Facility Survey



South Coast Air Quality Management District


AQMD Extends Operations Limit on Emergency Generators



Proposed Regulations



Final Regulations-Paint Spray Booths



Proposed Regulations-New Source Review/RECLAIM


COLORADO


Dept. of Public Health and Environment


Hazardous Waste Training Workshop



Air Quality Control Commission


Proposed Regulations



Water Quality Control Commission


Feb. Hearing Agenda



Proposed Regulations



Water and Wastewater Facility Operators Certification Board 


Website Operational


CONNECTICUT


Dept. of Envtl. Protection


Air Quality-Guidance Document



Mercury Reduction Efforts




  • DEP has put forth a legislative proposal to achieve significant reductions in environmental mercury following a framework established by the New England Governors and Eastern Canadian Premiers. DEP’s legislative initiative includes the following components: establishing an Interstate Clearinghouse to help coordinate the identification of products containing mercury, requiring manufacturers of mercury products to notify the DEP as to the content of mercury in their products, prohibiting the future sale of mercury-added novelty items; mercury fever thermometers except by prescription; and bulk elemental, chemical or mercury compounds in schools, phasing out of mercury-added products with the effective date of the phase-out based on content, labeling of products that have had mercury added, banning the disposal of mercury products other than by recycling or to a proper hazardous waste disposal area; and implementing a comprehensive public education, outreach, and assistance program for the public, manufacturers, businesses, schools and waste management entities. See http://dep.state.ct.us/whatshap/press/2001/mf0125.htm and http://dep.state.ct.us/whatshap/press/2001/mf0130.htm


Coastal Zone Management Program Assessment



Final Regulations


DELAWARE


Dept. of Nat. Resources and Envtl. Control


Notices of Violation



Regulatory Update/Public Notices


FLORIDA


South Florida Water Management District


Proposed Regulations-Everglades Phosphorus Load



  • Proposed regulations will implement the Everglades Forever Act by mandating a 25% reduction in the total phosphorus load discharged from the Everglades Agricultural Area. See http://www.sfwmd.gov.rules

GEORGIA


Dept. of Natural Resources, Envtl. Protection Division


Proposed Regulations-Underground Injection Controls



Air Permit Applications


HAWAII


Office of Envtl. Quality Control


Air Quality-Permit Applications



Environmental Impact Notices



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IDAHO


Dept. of Envtl. Quality


Outstanding Resource Waters-Petitions


ILLINOIS


Pollution Control Board


Final Regulations-Board Procedural Rules



Informational Order-Peaker Power Plant Inquiry



Open Regulatory Dockets



Envtl. Protection Agency


Air Quality-Proposed SIP Submittal



Permit Application




  • Texaco Refining and Marketing, Inc., for a RCRA Subtitle C closure permit. Public hearing Feb. 15,  2001; written comments due March 19, 2001. See http://www.epa.state.il.us


Strategic Planning Process


INDIANA


Dept. of Envtl. Management


Final Regulations-Air Quality



  • Amends 326 IAC 6-1-10.1, particulate matter emission limitations for Cerestar USA, Inc., located in Lake County and changes the state implementation plan. See 

Proposed Regulations-Air Quality



  • Draft rule language for a new rule, 326 IAC 6-4.5, concerning fugitive dust emissions. The new fugitive dust rule will replace the current rule, found at 326 IAC 6-4. 

  • Draft rule language for amendments to the emission reporting rule, 326 IAC 2-6.

  • Draft rule language for amendments to rules at 326 IAC 6-3 concerning particulate emission limits for process operations.

Proposed Regulations-Water Quality



  • Draft rule language concerning amendments to 327 IAC 8-2 and 327 IAC 8-2.1 concerning public notification.

Proposed Regulations-Underground Storage Tanks



  • Draft rule language for amendments to rules in 328 IAC regarding the Underground Storage Tank Excess Liability Trust Fund (ELTF) and the payment of claims thereunder. 

The above notices may be viewed at http://www.ai.org/legislative/register/February-1-2001.html


Indiana Environment Online


IOWA


Dept. of Natural Resources


Final Regulations-Water Quality



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KENTUCKY


Dept. for Envtl. Protection, Division for Air Quality


Proposed Regulations



Dept. for Envtl. Protection, Division of Forestry


Proposed Regulations




  • Proposed 402 KAR 3:030, Kentucky Agriculture Water Quality Plan Document. The subject matter of this administrative regulation is the incorporation by reference of Best Management Practices, Section 1,
    Silviculture, contained in "The Kentucky Agriculture Water Quality Plan," as amended on January 1, 2001.
    Public hearing will Feb. 27, if requested by Feb. 17. See http://162.114.4.13/kar/notofint.htm


Dept. for Envtl. Protection, Division of Water


Public Hearing Notices



Permit Applications



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LOUISIANA


Dept. of Envtl. Quality


Final Regulations-Hazardous Waste



Final Regulations-Water Quality





Proposed Regulations–Hazardous Waste



Proposed Regulations-Air Quality




  • Proposed revisions to contingency standards for VOC emission reductions. Comments were due Jan. 8. 



  • Proposed revisions to major source definition for ozone control. Comments were due Jan. 8. 


See http://www.deq.state.la.us/planning/regs/addition/2000, http://www.deq.state.la.us/planning/regs/addition/2000/0011pot1.pdf, http://www.deq.state.la.us/planning/regs/addition/2000/0011pot2.pdf, and http://www.deq.state.la.us/planning/regs/addition/2000/0011pot3.pdf


Final Regulations-Stormwater



Draft TMDLs



Permit Applications



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MAINE


Dept. of Envtl. Protection


Final Regulations-Hazardous Waste




  • The rule changes incorporate the concept of universal waste into the Hazardous Waste Management rules and the Solid Waste Management rules. The rule tailors the requirements specifically to the type of waste, requires recycling of the waste (with some exceptions), and is designed to remove these wastes from the typical mismanagement scenarios. The waste types included in the rule are batteries, cathode ray tubes, lamps, mercury containing thermostats, and totally enclosed non-leaking polychlorinated biphenyl ballast. See http://www.state.me.us/sos/cec/rcn/apa/notices/013101.htm


Final Regulations-Oil Terminals/Pipelines



Final Regulations-Air Quality



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MARYLAND


Dept. of the Environment


Oil Spill Prevention Advisory Committee-Final Report



Lead Poisoning Commission-Final Report



General Permit-Poultry Manure Management



Air Quality-Diesel Trucks



Public Meetings/Hearings



Water Quality Standard-Triennial Review



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MASSACHUSETTS


Dept. of Envtl. Protection


Certified Laboratories



MCP GW-2 groundwater standards (310 CMR 40.0974(2))



Final Regulations-Drinking Water



Fiscal Year 2001 Recycling Industries Reimbursement Credit Grant Application



Solid Waste "Master Plan"



Enforcement Actions



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  MICHIGAN


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



  • The Department is proposing to rescind R 336.1913 and R 336.1914 relating to emissions from malfunction, start-up, and shutdown of source processes and/or process equipment (2001-001EQ). Section 5509 of Act 451 required the adoption of these rules, but the U.S. EPA found them to be in non-conformance with both Section 110 of the federal Clean Air Act and Title 40 C.F.R. Part 70, requirements for the Title V Renewable Operating Permit Program. See http://www.deq.state.mi.us/cal/dq012901.htm

Permitting Calendar



Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin



Surface Water Quality Division-Draft Regulations


MINNESOTA


Pollution Control Agency


Draft 2001 Nonpoint Source Management Program Plan 



Report to Legislature: "Air Quality in Minnesota: Problems and Approaches"



Proposed General Permit-Livestock Facilities



Recommended Product Bans



Permit Applications, Other Notices



Penalty Assessment


  MISSOURI


Dept. of Natural Resources


Proposed Regulations-Air Quality




  • Proposed revisions to 10 CSR 10-6.400, Restriction of Emission of a Particulate Matter from Industrial Processes. Comments due Apr. 5; public hearing Mar. 29. See http://mosl.sos.state.mo.us/moreg/2001/v26n3/v26n3b.pdf



  • Proposed revision will add U.S. EPA reference method for sulfuric acid mist. Comments due Feb. 13, 2001; public hearing Feb. 6. 



  • Proposed revisions to definitions in medical/hospital/infectious waste combustor emission standards. Comments due Feb. 13, 2001; public hearing Feb. 6. See http://mosl.sos.state.mo.us/moreg/2000/v25n22/v25n22.htm



  • Proposed amendments to petroleum liquid storage, loading and transfer standards for the Kansas City Metropolitan Area (10 CSR 10-2.260), to ensure consistency with 10 CSR 10-5.220. Public hearing Feb. 6; written comments due Feb. 13. See http://mosl.sos.state.mo.us/moreg/2001/v26n1/v26n1b.pdf


Proposed TMDLs



Water Pollution Control-Permit Applications



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MONTANA


Dept. of Envtl. Quality


303 List-Impaired/Threatened Waterbodies



Draft TMDLs



State Implementation Plan



Stormwater General Permit



Public Comment Notices



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NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-Water Quality



Proposed Regulations-General



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NEVADA


Division of Envtl. Protection


1988-1998 Air Quality Trends Report



Proposed Regulations-Air Quality




  • Proposed permanent amendment to NAC 445B.001 to 445B.395, the air pollution control regulations. Amended is NAC 445B.194, which limits the criteria for temporary sources. NAC 445B.287 redefines the requirement when an operating permit or permit to construct is required. NAC 445B.288 redefines insignificant activities. NAC 445B.290 requires new stationary Class I sources to submit an application. NAC 445B.295 redefines the requirements for compliance plans. NAC 445B.316 amends the description of emissions trading to be modified to ensure consistency with 40 CFR Part 70 and provides conditions governing a permit shield. And, finally, NAC 445B.331 is amended for change of location fees for Class I and II sources requiring 10 days advanced notice. Will be taken up at Feb. 15 meeting of the Environmental Commission. See http://www.state.nv.us/ndep/sec/p2000-12.pdf



  • Proposed temporary amendment to NAC 445B.001 to 445B.395, the state air pollution control permitting program. The proposed temporary regulation amends NAC 445B by creating and defining a new classification of operating permits. The new Class III permit will provide eligible sources (those emitting 5 tons or less of specific pollutants) a streamlined permitting process, which includes accelerated permit review and issuance and lower permitting fees. This regulation will provide regulatory relief for small quantity sources. Will be taken up at Feb. 15 meeting of the Environmental Commission. See http://www.state.nv.us/ndep/sec/t2001-05.pdf


Proposed Regulations-Solid Waste




  • Proposed temporary amendment to NAC 444A.005 to 444A.470 to extend programs for separating at the source recyclable material from other solid waste to include public buildings in counties with populations greater than 100,000. The proposed temporary regulations add for public buildings the minimum standards and a model plan which were previously established for the source separation of recyclables at residential premises. Definitions for public building, paper and paper product are added. NAC 444A.120 is proposed to be amended to add public buildings and 444A.130 is amended to provide for a municipality to make available a source separation of recyclable materials at public buildings. Will be taken up at Feb. 15 meeting of the Environmental Commission. See http://www.state.nv.us/ndep/sec/t2001-03.pdf


Final Guidance Documents



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NEW HAMPSHIRE


Dept. of Envtl. Services


Proposed Regulations-Air Quality


NEW JERSEY


Dept. of Envtl. Protection


Final Regulations-Water Quality




  • Standards will require new developments using septic systems to undergo the same environmental assessments as proposed new sewer service areas. The rule, known as Subchapter 6 of the Water Quality and Watershed Management Rules, will be published in the New Jersey Register Feb. 20 and becomes effective March 20. The rule applies to residential developments of six or more units and commercial development discharging 2,000 gallons of wastewater or more per day into the ground. See http://www.state.nj.us/dep/newsrel/releases/01_0006.htm


Draft Surface Water Quality Standards



Draft Watershed Management Rules



Current DEP Bulletin (Permit Applications; Proposed Regulations)


NEW MEXICO


Water Quality Control Commission


Proposed Regulations-Liquid Waste Disposal


NEW YORK


Dept. of Envtl. Conservation


Proposed State Budget



  • The budget submitted by Gov. Pataki would, among other things, allow for refinancing of the State's Superfund program. See http://www.state.ny.us/dob

Final Regulations-Air Quality



  • California low emission vehicle standards were promulgated. The revisions to Parts 218 and 200.9, NYCRR 6, are available at http://www.dec.state.ny.us

ALJ Rulings



Environmental Notice Bulletin (Permit Applications)



Permit Applications


  NORTH CAROLINA


Environmental Management Commission


Final Regulations-Coastal Management



Final Regulations-Air Quality



Dept. of Envt. and Natural Resources


Onestop Permitting Online Center



Division of Air Quality Penalty Assessments



Division of Air Quality Draft Regulations



DENR Enforcement Data



Water Quality-Basinwide Assessment Reports


OHIO


Envtl. Protection Agency


Clean Ohio Fund Proposal 



Sewage Sludge Distribution Application



  • Permit to install and plan approval received from the Middlesex County Utilities Authority (MCUA) of Sayreville, New Jersey, to distribute de-watered sewage sludge in all counties in the state of Ohio. The application would allow the distribution of a maximum of 10,000 dry tons per year of sewage sludge. See http://www.epa.state.oh.us/pic/nr/2001/january/mcua.html

Proposed Consent Order



Penalty Assessments



Proposed Cleveland Hopkins Airport Runway Expansion



Water Resource Inventory Reports



OPEA Actions, Notices by County



Public Meetings



Pending Air Permits


OKLAHOMA


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



  • Subchapter 47, regarding Control of Emissions from Existing Municipal Solid Waste Landfills 

  • Subchapter 31, Control of Emissions of Sulfur Compounds

  • Subchapter 7, Permits for Minor Facilities 

  • Subchapter 41, Control of Emission of Hazardous Air Pollutants (HAPs) and Toxic Air Contaminants

Will be considered at Feb. 21 meeting of the Air Quality Council. See http://www.deq.state.ok.us/air1/AQC2/February01/02-21-01aqcdraft.html


Draft Source Water Assessment and Protection Program Document


OREGON


Dept. of Human Services, Health Division


Audit of State Drinking Water Program 



Dept. of Envtl. Quality


Final Regulations-Air Quality



Final Regulations-Pollution Control Facility Tax Credit



Southern Willamette Valley Groundwater Study



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


PENNSYLVANIA


Dept. of Envtl. Protection


"Growing Smarter" Land Use Reviews



Clean Water Revolving Fund-2001 Project List



Clean Water State Revolving Fund Projects; Public Meeting on Federal FY 2001 Intended Use Plan



Existing Use Classifications of Streams



Final General NPDES Permit-CAFO Operations



Final Regulations-Air



NPDES Permit Applications



Environmental Hearing Board


Final Regulations


RHODE ISLAND


Dept. of Envtl. Management


Temporary Regulation-Septic Systems


SOUTH CAROLINA


Dept. of Health and Envtl. Control


Proposed Regulations-Air Quality



  • 61-62.96, Nitrogen Oxides (NOx) Budget Trading Program, 61-62.99, Nitrogen Oxides (NOx) Budget Program Requirements for Stationary Sources Not in the Trading Program and the South Carolina SIP (NOx SIP Call). See http://www.scdhec.net/eqc/

Permit Application Notices


  TENNESSEE


Dept. of Environment and Conservation


Permit Hearings



Proposed Regulations-Water Quality



Guidelines for the Land Application and Surface Disposal of Biosolids



Erosion and Sediment Control Handbook



Pending NPDES Permit Applications


  TEXAS


Natural Resource Conservation Commission


TNRCC Legislative Reports



Permit Hearings



Public Hearings/Proposed Rules



Sunset Advisory Commission


  UTAH


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



Proposed Regulations-Hazardous Waste



  • R315-1, Utah Hazardous Waste Definitions and References; proposed amendments will incorporate U.S. EPA Methods 1664 and 9071B and delete Method 9070. This change also adds the EPA definitions of "remediation waste management site," "staging pile," and "dioxins and furans." See http://www.rules.state.ut.us/publicat/bulletin/2001/20010201/23409.htm

  • R315-2, General Requirements - Identification and Listing of Hazardous Waste; this rule change incorporates a decision by the District of Columbia Court of Appeals which ruled that the U.S. EPA had exceeded its authority when it attempted to regulate certain types of reuse and recycling of material processing secondary materials. This rule change adds "dredged material" to exclusions of hazardous waste when it is subject to a permit issued under the Water Pollution Control Act, it removes the wastes K140, K064, K065, K066, K090, and K091 from the list of wastes from specific sources and also removes U408. It also corrects some typographical errors. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010201/23410.htm

  • R315-3, Application and Permit Procedures for Hazardous Waste Treatment, Storage, and Disposal Facilities; this rule change streamlines permitting for treatment, storage, and disposal of remediation wastes managed at cleanup sites, i.e., it allows the use of Remediation Action Plans as an alternative to traditional RCRA permits. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010201/23411.htm

  • R315-5-3, Pre-Transport Requirements; this rule change allows large quantity generators of F006 wastes up to 180 days to accumulate F006 waste on-site without a hazardous waste storage permit provided certain requirements are met. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010201/23412.htm

  • R315-7, Interim Status Requirements for Hazardous Waste Treatment, Storage, and Disposal Facilities; this rule change adds part of the language from 40 C.F.R. that was not included earlier and it finalizes National Emissions Standards for Hazardous Air Pollutants for three source categories referred to collectively as hazardous waste combustors. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010201/23413.htm

  • R315-8, Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; this rule change expands the use of Corrective Action Management Units and Temporary Units to include implementing clean up remedies at permitted facilities that are not subject to corrective action for solid waste management units and it finalizes National Emissions Standards for Hazardous Air Pollutants for three source categories referred to collectively as hazardous waste combustors. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010201/23414.htm

  • R315-13-1, Land Disposal Restrictions; this rule change clarifies and/or makes technical corrections to the regulations promulgating Land Disposal Restrictions (LDR) treatment standards for wood preserving wastes, regulations promulgating LDR treatment standards for metal-bearing wastes, as well as amending the LDR treatment standards for soil contaminated with hazardous waste, a revision of the LDR treatment standards for hazardous wastes from the production of carbamate wastes, and revised treatment standards for spent aluminum potliners from primary aluminum production. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010201/23415.htm

  • R315-14-7, Hazardous Waste Burned in Boilers and Industrial Furnaces; this rule change exempts secondary lead smelters from all provisions of the boilers and industrial furnaces requirements except for 40 C.F.R. 266.101 and incorporates the term "treatment" from Section 266.101(c) to clarify that fuel blending activities that are conducted in units other than 90-day tanks or containers also are subject to full regulation under Title R315. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010201/23416.htm

  • R315-16, Standards for Universal Waste Management; this rule change incorporates U.S. EPA's final requirements for adding spent hazardous waste lamps to the list of universal wastes. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010201/23417.htm

Proposed Regulations-Drinking Water



Draft Regulations-Water Quality



Permit Applications


VERMONT


Dept. of Envtl. Conservation


Permit Applications


VIRGINIA


Dept. of Envtl. Quality


Online Permit Application



Proposed Regulations-Solid Waste Management



Proposed Regulations-Air Quality



Proposed Regulations-Water Quality



Public Meeting, Hearing Notices



Sustainable Future II Conference


  WASHINGTON


Dept. of Ecology


Adopted Regulations



Proposed Regulations


WEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


WISCONSIN


Dept. of Natural Resources


Proposed Regulations-Water Quality



  • Proposed regulations would address polluted runoff. For a summary of the rule changes, drafts of the proposed rules, and other information regarding restructuring of the state’s nonpoint source pollution programs, see http://www.dnr.state.wi.us/org/water/wm/nps/admrules.html Under the proposal, croplands within 1,000 feet of a lake or 300 feet of a stream or river will need to have vegetated buffers ranging from 10 feet to 35 feet wide along the waterway. Additional conservation measures will be required in concert with buffers of less than 35 feet wide. The previously proposed requirement to reduce erosion from these croplands to one-third of "T," the tolerable soil loss standard, has been eliminated. The proposal also includes criteria to determine whether farmers are eligible for financial assistance to use or install runoff control measures. The definition of new and expanding operations now focuses on how they manager the land rather than ownership. Roles and responsibilities of state and local governments for implementing and enforcing requirements for agricultural operations are addressed. Golf course, corporate campus and other owners/operators of private property in urban areas who use fertilizers or pesticides on five or more acres of lawn must follow a plan to apply those materials. 

Proposed Regulations-Air Quality



Proposed Fox River Settlement



  • With Fort James Corp. (now Georgia-Pacific Corp.) for approximately $55 worth of restoration, land purchase, and recreation projects in the Green Bay area PCB discharges into the Fox River. Comments due Feb. 21, 2001. See http://www.dnr.state.wi.us/org/caer/ce/news/on/index.htm

Public Hearing and Meeting Schedule


WYOMING


Dept. of Environmental Quality


Proposed Regulations-Administrative Rules



  • Proposes repeal of rules relating to lodging, meal and transportation expenses and information practices for DEQ employees. Public hearing Feb. 9; comments due Feb. 7. See http://deq.state.wy.us/AgencyRulesPN.htm

Final Regulations-Air Quality


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

INTERNATIONAL
large red bar graphic

GENERAL



  • Because the oil tanker Jessica, which ran aground off the Galapagos Islands cannot be moved, it will become an artificial reef. 

  • A draft World Health Organization (WHO) report presented to the UN Mission in Kosovo says there is no clear evidence linking depleted uranium munitions used in Kosovo in 1999 with individual cases of cancer or other noncommunicable diseases. But, according to the authors of the report, additional research would be appropriate. See http://www.un.org/News/dh/latest/page2.html#4

  • Fully 30% of all of the pesticides marketed in developing countries do not meet internationally accepted quality standards and pose a threat to human health and the environment, says the U.N.
    Food and Agriculture Organization and the WHO. See http://www.who.int/inf-pr-2001/en/pr2001-04.html 

  • UNEP issued a report concerning ongoing negotiations on persistent organic pollutants (POPs), along with the draft text of a treaty, in anticipation of a May 22 meeting in Stockholm. See http://irptc.unep.ch/pops/POPs_Inc/INC_5/finalreport/en/inc5efinrep.PDF


CLIMATE CHANGE



  • British scientists writing in Science discussed data from satellite studies that indicates around 7.5 cubic miles of ice in the West Antarctic Ice Sheet have melted in just eight years. The findings, according to one of the authors, could be a "yellow warning flag" indicating that long-term changes are at play in the ice fields of the South Polar region. See http://inq.philly.com/content/inquirer/2001/02/02/national/MELT02.htm

ASIA



  • Cambodia has been warned by the International Monetary Fund and the World Bank that it must put a halt to illegal logging activity on pain of losing the $400 million it receives in financial aid every year, a sum that amounts to fully half the nation's annual budget. 

  • China, Russia, Mongolia, and North and South Korea announced plans to cooperate in a project to clean up the heavily polluted Korean Tuman River region. See http://www.hk.co.kr/kt_nation/200101/t200101291714414111247.htm

  • Philippine President Gloria Macapagal-Arroyo signed into law the Solid Waste Management Act. The legislation provides for mandatory segregation of wastes at the source; mandatory composting and recycling for local governments with clear targets (e.g. 25 % recycling in 5 years); a ban on disposable packaging (the materials to be banned will be determined by the National Packaging Institute); incentives for the development of recycling markets; and exclusion of incineration as a "resource recovery" option.

  AUSTRALIA



  • Environment Minister Robert Hill asked a company that is seeking to conduct seismic testing for oil deposits near the Great Barrier Reef for more information on potential environmental impact, in accordance with the recently enacted Environment Protection and Biodiversity Conservation Act, which gives the government authority to seek additional information or ban activity in environmentally sensitive areas. 

  AFRICA 



  • Niger's Environment Ministry issued a ban on hunting in order to help save wildlife populations that include lions, giraffes, and hippopotamuses.

EUROPE



  • One year after the cyanide spill incident, Hungary said it will file a civil action against the Romanian owners of the Aurul gold mine, claiming more than $146 million in damages. 

  • Romania's recently appointed environment minister has discharged the head of the environmental protection department in the county where the Aurul incident happened. 

  • The European Parliament voted to preclude the use of short-chain chlorinated paraffins in metalworking and leather finishing. 

  • The European Commission released a list of 32 "priority substances" targeted for phasing out over the next 20 years. 

  • Germany became the thirteenth country to ratify the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. See http://www.pic.int

CANADA



  • The Sierra Legal Defense Fund gave poor marks to Canadian provinces for their drinking water standards and enforcement. See http://www.sierralegal.org/clear/SierraRprt7.pdf

  • Toronto Mayor Mel Lastman announced the creation of "Task Force 2010," with plans to submit a proposal to the Toronto City Council by June 2001 that, if implemented, would create the goal of complete waste recycling (i.e., "zero waste") by 2010.