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Weekly Update Volume 31, Issue 6

02/26/2001

LITIGATION

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


red bar graphic  FLOOD CONTROL ACT OF 1928, FEDERAL TORT CLAIMS ACT (FTCA), IMMUNITY:

The U.S. Supreme Court held that in determining whether §702c of the Flood Control Act grants the federal government immunity from FTCA claims, courts should consider the character of the waters that cause the relevant damage and the purposes behind their release rather than the relation between that damage and a flood control project. The case arose after the owner of a pistachio orchid sued the federal government under the FTCA for property damage caused by a federally owned canal that flows through the owner's property. Because the canal is part of the Central Valley Project, and because flood control is one of the purposes served by the project, a district court held that §702c of the Flood Control Act granted the federal government immunity from the owner's suit. The Ninth Circuit affirmed the decision. However, to characterize every drop of water that flows through a flood control project as "flood water" simply because flood control is among the purposes served by the project unnecessarily dilutes the language of the statute. The text of the Act's immunity provision does not include the words "flood control project," but, rather, states that immunity attaches to "any damage from or by floods or flood waters." Further, neither the statute nor prior case law supports the federal government's argument that §702c immunity must attach to all water that flows through the canal. The Court, therefore, disavowed a portion of prior Court dicta that would support such a conclusion, and the case was reversed and remanded for further proceedings. Justice Stevens delivered the opinion for a unanimous Court. Central Green Co. v. United States, No. 99-859 (U.S. Feb. 21, 2001) (14 pp.).

red bar graphic  CERCLA, COST RECOVERY, RETROACTIVITY:

The Sixth Circuit affirmed a district court decision finding the prior owner of a contaminated site liable under CERCLA and ordering the prior owner to pay $239,280.07 in past response costs incurred by the current owner of the site. The site became contaminated after the current owner's contractor accidentally split open a box buried under the site that contained benzene and creosote. The record supported the district court's conclusion that the contents of the box were a hazardous substance under CERCLA and that the prior owner's predecessor corporation was the owner or operator of the property at the time the box was buried. Moreover, the district court properly determined that the current owner substantially complied with the NCP. The district court, however, erred in concluding that the current owner was an "innocent purchaser" because the owner failed to exercise due care after discovering the box. Nevertheless, the district court's allocation of the total response costs to the prior owner was proper because it concluded, alternatively, that the prior owner was responsible for a 100% contribution share under CERCLA §113 due to equitable factors, such as the prior owner's refusal to participate in cleanup efforts. Additionally, the court rejected the prior owner's argument that the retroactive application of CERCLA violates substantive due process and amounts to an unconstitutional taking under the Fifth Amendment. Apportioning liability to the prior owner fulfills Congress' goal of spreading costs to responsible parties, and the potentially significant impact of liability on the prior owner does not interfere with its reasonable investment backed expectations because CERCLA liability is tied directly to the past actions of responsible parties. Franklin County Convention Facilities Authority v. American Premier Underwriters, Inc., No. 99-4095 (6th Cir. Feb. 13, 2001) (16 pp.).

red bar graphic  RIVERS AND HARBORS ACT, INDISPENSABLE PARTY:

The First Circuit affirmed a district court decision granting summary judgment in favor of the United States and ordering a commercial marina in Puerto Rico to remove piers and structures it built without the necessary permits in violation of the Rivers and Harbors Act. The marina sought after-the-fact permits for the structures, but the U.S. Army Corps of Engineers rejected the applications. After issuing cease-and-desist orders, the Corps filed the instant suit. Because the record is clear that the marina did not have the necessary permits, the marina sought to avoid the removal, restoration, and cease-and-desist orders on other grounds. The marina argued that Puerto Rico was an indispensable party under Fed. R. Civ. P. Rule 19 because the marina leased the property from an entity of the government of Puerto Rico. In the owner's answer to the government's complaint, however, the marina stated that it was the sole owner of the property in question. Further, the lease makes the marina responsible for obtaining all permits, and the structures at issue in this case were built on submerged lands outside the leased property. Additionally, the orders do not impair Puerto Rico's ability to protect the property's original piers and structures. Also rejected were the marina's arguments that it was in the public interest for the Corps to issue the permits after the fact, that there were material facts in dispute, and that the cease-and-desist orders were improperly signed. United States v. San Juan Bay Marina, Nos. 00-1759, -1760 (1st Cir. Feb. 21, 2001) (10 pp.).

red bar graphic  MINING LAW, JURISDICTION, FINAL ORDER:

The Fourth Circuit dismissed for lack of jurisdiction a mine operator's appeal of both an administrative law judge's (ALJ's) finding that the operator committed a "significant and substantial" violation of a Federal Coal Mine Health and Safety Act regulation and the Federal Mine Safety and Health Review Commission's refusal to review the ALJ's finding. The ALJ, who held that the operator failed to maintain its underground mine escapeways in a safe condition, determined that the violation was significant and substantial due to extensive water accumulation in areas particularly prone to miners falling during an evacuation. The ALJ also determined, however, that the violation was not an "unwarrantable failure." Both the operator and the Secretary of Labor appealed the ALJ's decision. The Federal Mine Safety and Health Review Commission dismissed the operator's appeal, but the Commission's review of the "unwarrantable failure" issue is still pending. The operator then appealed to the Fourth Circuit. Parties, however, may only seek judicial review of a Commission action if the action is a final order, and here, although the Commission only granted review on one issue, the ALJ's entire decision is before the Commission for review. The Commission's refusal to review the ALJ's "significant and substantial" determination does not render that determination subject to judicial review. Additionally, the court lacks jurisdiction under the collateral order doctrine because it lacks the power to grant the operator the relief it requests. Eagle Energy, Inc. v. Secretary of Labor, No. 00-1073 (4th Cir. Feb. 15, 2001) (6 pp.).

red bar graphic  CWA, WASTEWATER COLOR LIMITS, NPDES PERMIT MODIFICATION, ISSUE PRECLUSION:

A district court held that a 1989 administrative agreement between a Pennsylvania environmental agency and the owner and operator of a pulp and paper mill that modified the color limits contained in the mill's 1984 NPDES permit was invalid and, therefore, the mill was liable under the CWA and the Pennsylvania Clean Streams Law for violating the color limits contained in its 1984 NPDES permit. The 1989 agreement modified and substantially relaxed the mill's color limit obligations as set forth in its NPDES permit. Thus, because the agreement modified the mill's 1984 permit, proper modification procedures should have been followed. However, no draft permit was issued before the agreement was entered, no fact sheet or statement of basis was made public, and no period for public notice was provided. Absent these procedures, therefore, the state agency could not modify the mill's color obligations and the 1984 NPDES permit still applies. Thus, because the mill has repeatedly exceeded the discharge limits contained in its 1984 NPDES permit, the mill is liable under the CWA and the Pennsylvania Clean Streams Law. The mill, however, can not be held liable for violating the color limits or other obligations set forth in the 1989 agreement because it was invalid. Additionally, an administrative law judge's decision to grant the mill's supersedeas motion to stay the imposition of the color limits set forth in its 2000 NPDES permit pending the outcome of the mill's appeal of the 2000 NPDES permit did not have preclusive effect in this case. Although a supersedeas action is akin to a preliminary injunction and preliminary injunctions can have preclusive effect, the administrative law judge's supersedeas findings were not sufficiently firm to persuade the court that there is no compelling reason for permitting the findings to be litigated again. Pennsylvania Public Interest Research Group, Inc. v. P.H. Glatfelter Co., No. 1:CV-99-0940 (M.D. Pa. Feb. 7, 2001) (Rambo, J.) (31 pp.).

red bar graphic  CWA, ATTORNEYS FEES, LOADSTAR:

A district court held that an environmental group that successfully challenged EPA's treatment of TMDLs that were submitted for 10 New York reservoirs was a prevailing party and awarded the group $221,732.71 in attorneys fees and expenses. In the underlying lawsuit, the court ordered EPA, which had treated the 10 TMDLs as "informational," to take action on the submitted TMDLs, but dismissed the group's remaining claims. Nevertheless, the group is a prevailing party for attorneys fees and costs purposes because the prevailing claim was significant and because the group achieved some of the benefit it sought in bringing the suit. In calculating the loadstar, however, the court excluded those costs associated with the time the group spent on certain unsuccessful claims in which it alleged that EPA violated the CWA and the APA by failing to intervene and identify threatened water bodies and to establish pollution limits for New York. The group's reliance on the catalyst theory for these unsuccessful claims was misplaced because EPA did not alter its conduct with respect to any of these claims and because the group failed to establish causation. After calculating the hourly rate for the group's attorneys, the court awarded the group $221,732.71 in attorneys fees and expenses, which included time spent on the fee application. Natural Resources Defense Council v. Fox, No. 94 Civ. 8424 (PKL) (S.D.N.Y. Feb. 6, 2001) (Leisure, J.) (18 pp.) (Plaintiffs' counsel included Mark Izeman of the Natural Resources Defense Council in New York NY).

red bar graphic  RIPENESS, ROCKY FLATS:

A district court dismissed on ripeness grounds an environmental group's claim that the DOE and the U.S. Army Corps of Engineers violated NEPA, the ESA, the CWA, and Executive Order No. 11990 with respect to the proposed expansion of a gravel mining operation located on Rocky Flats, a federal property in Colorado. Because no expanded mining activities are ongoing or even imminent, the group will suffer no hardship by the denial of review at this time. All the group can presently allege is that if the proposed mining expansion is approved and developed, it may detrimentally impact the environment. The group's claims are contingent, not certain or immediate. Further, any judicial intervention in the agency process at this time would interfere improperly with legislatively established requirements and procedures, and the issues presented by the parties would benefit from further factual development. The court, therefore, dismissed the group's claim without prejudice. Sierra Club v. United States Department of Energy, No. 97-B-529 (D. Colo. Feb. 2, 2001) (Babcock, J.) (15 pp.) (Defendants' counsel included Charles Carson of the U.S. DOJ in Washington DC).

red bar graphic  CAA, REGULATED ASBESTOS CONTAINING MATERIAL (RACM), PENALTY ASSESSMENT:

The EPA Environmental Appeals Board (EAB) upheld an administrative law judge (ALJ) decision holding the owner and operator of a power station restoration project liable for violating the CAA's asbestos regulations, but it reduced the ALJ's penalty assessment. The record, particularly testimony from the inspector and letters from the power station's superintendent, supports the ALJ's conclusion that the owner and operator failed to adequately wet the RACM during the project's stripping operation. Similarly, the record supports the ALJ's determination that the owner and operator failed to keep the RACM adequately wet until disposal. If the RACM was wet when it was placed in the air-tight bags, it still would have been wet when the inspector opened them. In addition, the ALJ's penalty assessment of $32,000 was consistent with the CAA, its implementing policy, and the CAA penalty policy. Nevertheless, the EAB reduced the penalty to $20,000 because a penalty was already assessed for the failure to wet the RACM during stripping, and the period of time between the stripping of the RACM and their placement in the bags was relatively short. In re Allegheny Power Service Corp., CAA Appeal No. 99-4 (EPA EAB Feb. 15, 2001) (36 pp.).

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

THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register.

red bar graphic  HAZARDOUS WASTES AND SUBSTANCES:



  • EPA entered into a proposed administrative settlement under CERCLA §122(h) in connection with the Onondaga Nation Drum Superfund site located in Onondaga Indian Nation Territory, Town of Nedrow, N.Y.  66 FR 9847 (2/12/01).

  • EPA proposed to amend the regulations for hazardous waste management under RCRA by listing as hazardous certain waste solids and liquids generated from the production of paint. 66 FR 10059 (2/13/01). 

  • EPA proposed a rule to implement a project  under the Project XL program that would provide site-specific regulatory flexibility under RCRA for the Autoliv ASP, Inc. facility in Promontory, Utah. 66 FR 9992 (2/13/01).

  • EPA entered into a proposed administrative settlement under CERCLA §122(h) in connection with the Southern Asbestos Superfund site in Bennettsville, S.C.  66 FR 11030 (2/21/01). 

red bar graphic  ENDANGERED AND THREATENED SPECIES:



  • The National Marine Fisheries Service (NMFS) reproposed to list the Klamath Mountains Province evolutionarily significant unit of steelhead in Oregon and California as a threatened species under the ESA. 66 FR 9808 (2/12/01). 

  • EPA, FWS, and the NMFS signed a Memorandum of Agreement addressing interagency coordination under the CWA and the ESA. 66 FR 11201 (2/22/01).

  • NMFS announced the availability of the final national plan of action developed pursuant to the endorsement of the International Plan of Action for the Conservation and Management of Sharks by the United Nations' Food and Agricultural Organization Committee on Fisheries Ministerial Meeting in February 1999. 66 FR 10484 (2/15/01). 

  • FWS and the U.S. Forest Service established regulations for seasons, harvest limits, methods, and means related to the taking of wildlife, fish, and shellfish for subsistence uses during the 2001 regulatory year. 66 FR 10141 (2/13/01). 

red bar graphic  SMCRA PROGRAM APPROVALS:


red bar graphic  TOXIC SUBSTANCES:



  • EPA temporarily delayed for 60 days the effective date of the rule entitled "Lead and Lead Compounds; Lowering of Reporting Thresholds; Community Right-to-Know Toxic Chemical Release Reporting," which was published on January 17, 2001 (66 Fed. Reg. 4500), and lowered the thresholds for lead and all lead compounds except for lead contained in stainless steel, brass, and bronze alloys to 100 pounds. 66 FR 10585 (2/16/01). 

  • ATSDR announced the availability of the final updated toxicological profile for PCBs, which completes the 12th set prepared by the agency. 66 FR 10021 (2/13/01).

red bar graphic  WATER QUALITY:



  • EPA and the U.S. Army Corps of Engineers temporarily delayed for 60 days the effective date of the rule entitled "Further Revisions to the Clean Water Act Regulatory Definition of  'Discharge of Dredged Material,'" which was published on January 17, 2001 (66 Fed. Reg. 4549), and amended CWA §404 regulations defining the term "discharge of dredged material." 66 FR 10367 (2/15/01). 

red bar graphic  DOJ NOTICES OF SETTLEMENT:



  • U.S. v. Johnson, No. 01-CV-005 (D. Wyo. Jan. 5, 2001) (a settling CERCLA defendant must pay $5,000 in past EPA response costs incurred at the R.J. Refinery site in La Barge, Wyo.), 66 FR 10911 (2/20/01);

  • U.S. v. Marisol, Inc., No. 94-3687 (D.N.J. Jan. 19, 2001) (a settling CERCLA defendant must pay $9,787,500 in past U.S. response costs incurred at the Lang Property Superfund site in Pemberton Township, N.J., to the EPA Hazardous Substance Superfund), 66 FR 10911 (2/20/01);

  • U.S. v. Natural Gas Pipeline Co., No. 99-S-2419 (D. Colo. Feb. 1, 2001) (a settling CAA defendant that failed to obtain a prevention of significant deterioration (PSD) permit from EPA before constructing a natural gas compressor station in Washington County, Colo., and operated the station without an appropriate PSD permit and without application of best available control technology must pay a $215,000 civil penalty and must implement a supplemental environmental project valued at $100,000), 66 FR 10912 (2/20/01);

  • U.S. v. Forsch Polymer Corp., No. 00-N-919 (D.C. Colo. Feb. 8, 2001) (a settling CAA defendant that violated stratospheric ozone protection requirements must pay a $32,000 civil penalty), 66 FR 11316 (2/23/01);

  • U.S. v. Gillette, No. 3:CV-96-1200 (M.D. Pa. Feb. 9, 2001) (a settling CWA defendant that unlawfully discharged and/or filled approximately 1.6 acres of wetlands in Waymart Borough, Pennsylvania, must pay a civil penalty, must undertake a supplemental environmental project, and and is permanently enjoined from discharging pollutants into U.S. water at the project site without a permit). 66 FR 11317 (2/23/01).

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

THE CONGRESS
large red bar graphic

red bar graphic BILLS INTRODUCED



  • S. 313 (Grassley, R-Ind.) (agriculture and fisheries) would amend the Internal Revenue Code of 1986 to provide for Farm, Fishing, and Ranch Risk Management Accounts. 147 Cong. Rec. S1270 (daily ed. Feb. 13, 2001). The bill was referred to the Committee on Finance. 

  • S. 315 (Brownback, R-Kan.) (agriculture; wetlands) would amend the Internal Revenue Code of 1986 to treat payments under the Conservation Reserve Program as rentals from real estate. 147 Cong. Rec. S1270 (daily ed. Feb 13, 2001). The bill was referred to Committee on Finance.

  • S. 322 (Thomas, R-Wyo.) (federal land acquisition) would limit the acquisition by the United States of land located in a state in which 25% or more of the land in that state is owned by the United States. 146 Cong. Rec. S1323 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 328 (Snowe, R-Me.) (CZMA) would amend the CZMA. 146 Cong. Rec. S1323 (daily ed. Feb. 14, 2001).

  • S. 347 (Thomas, R-Wyo.) (ESA) would amend the ESA to improve the processes for listing, recovery planning, and delisting. 147 Cong. Rec. S1462 (daily ed. Feb. 15, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 350 (Chafee, R-R.I.) (CERCLA; brownfields) would amend CERCLA to promote the cleanup and reuse of brownfields, to provide financial assistance for brownfields revitalization, and to enhance state response programs. 147 Cong. Rec. S1462 (daily ed. Feb. 15, 2001). The bill was referred to the Committee on Environment and Public Works. 

  • S. 351 (Collins, R-Me.) (solid waste; mercury) would amend the Solid Waste Disposal Act to reduce the quantity of mercury in the environment by limiting use of mercury fever thermometers and improving collection, recycling, and disposal of mercury. 147 Cong. Rec. S1462 (daily ed. Feb. 15, 2001). The bill was referred to the Committee on Environment and Public Works. 

  • S. 352 (Bingaman, D-N.M.) (energy conservation) would increase the authorization of appropriations for low-income energy assistance, weatherization, and state energy conservation grant programs and expand the use of energy savings performance contracts, and for other purposes. 147 Cong. Rec. S1462 (daily ed. Feb. 15, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 362 (Dorgan, D-N.D.) (agriculture) would amend the Internal Revenue Code of 1986 to provide an exclusion for gain from the sale of farmland which is similar to the exclusion from gain on the sale of a principal residence. 147 Cong. Rec. S1463 (daily ed. Feb. 15, 2001). The bill was referred to the Committee on Finance.

  • S. 365 (Thomas, R-Wyo.) (national parks; snowmobile access) would provide recreational snowmobile access to certain units of the National Park System. 147 Cong. Rec. S1463 (daily ed. Feb. 15, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 386 (Torricelli, D-N.J.) (Great Falls Historic District) would authorize the Secretary of the Interior to study the suitability and feasibility of designating the Great Falls Historic District in the city of Paterson, New Jersey, as a unit of the National Park System. 146 Cong. Rec. S1464 (daily ed. Feb. 15, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • H.R. 581 (Hefley, R-Colo.) (ESA; emergency appropriations) would authorize the Secretary of the Interior and the Secretary of Agriculture to use funds appropriated for wildland fire management in the DOI and Related Agencies Appropriations Act, 2001, to reimburse the FWS and the National Marine Fisheries Service to facilitate the interagency cooperation required under the ESA in connection with wildland fire management. 147 Cong. Rec. H323 (daily ed. Feb. 13, 2001). The bill was referred to the Committee on Resources.

  • H.R. 591 (Mink, D-Haw.) (national parks) would direct the Secretary of the Interior to study the suitability and feasibility of including certain lands along the southeastern coast of Maui, Hawaii, in the National Park System. 147 Cong. Rec. H323 (daily ed. Feb. 13, 2001). The bill was referred to the Committee on Resources.

  • H.R. 601 (Simpson, R-Idaho) (Craters of the Moon National Monument) would ensure the continued access of hunters to those federal lands included within the boundaries of the Craters of the Moon National Monument in the State of Idaho pursuant to Presidential Proclamation 7373 of November 9, 2000. 147 Cong. Rec. H323 (daily ed. Feb. 13, 2001). The bill was referred to the Committee on Resources. The bill would also continue the applicability of the Taylor Grazing Act to the disposition of grazing fees arising from the use of such lands.

  • H.R. 608 (Ganske, R-Iowa) (CAA) would amend CAA §211 to prohibit the use of methyl tertiary butyl ether to provide flexibility within the oxygenate requirement of EPA's Reformulated Gasoline Program, and to promote the use of renewable ethanol. 146 Cong. Rec. H393 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 626 (Boehner, R-Ohio) (agriculture) would amend the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture to make grants to nonprofit organizations to finance the construction, refurbishing, and servicing of individually-owned household water well systems in rural areas for individuals with low or moderate incomes. 146 Cong. Rec. H394 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Agriculture. 

  • H.R. 635 (Doyle, D-Pa.) (national historic parks) would establish the Steel Industry National Historic Park in the Commonwealth of Pennsylvania. 147 Cong. Rec. H394 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 640 (Gallegly, R-Cal.) (Santa Monica Mountains National Recreation Area) would adjust the boundaries of Santa Monica Mountains National Recreation Area. 146 Cong. Rec. H395 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 642 (Gilchrest, R-Md.) (Chesapeake Bay) would reauthorize the Chesapeake Bay Office of NOAA. 147 Cong. Rec. H395 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 643 (Gilchrest, R-Md.) (animal conservation) would reauthorize the African Elephant Conservation Act. 147 Cong. Rec. H395 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 644 (Gilchrest, R-Md.) (fisheries) would approve a governing international fishery agreement between the United States and the Government of the Republic of Estonia. 146 Cong. Rec. H395 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 645 (Gilchrest, R-Md.) (animal conservation) would reauthorize the Rhinoceros and Tiger Conservation Act of 1994. 146 Cong. Rec. H395 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 660 (Hooley, D-Or.) (oil production; Alaskan North Slope) would ensure that exports of Alaskan North Slope crude oil are prohibited. 146 Cong. Rec. H395 (daily ed. Feb. 14, 2001). The bill was referred to the Committees on International Relations, and Resources. 

  • H.R. 662 (Hulshof, R-Mo.) (agriculture) would amend the Internal Revenue Code of 1986 to provide for Farm and Ranch Risk Management Accounts. 147 Cong. Rec. H395 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 667 (Kanjorski, D-Pa.) (solid waste) would authorize certain states to prohibit the importation of solid waste from other states. 147 Cong. Rec. H396 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Energy and Commerce. 

  • H.R. 668 (Kelly, R-N.Y.) (CWA) would amend the CWA to authorize appropriations for state water pollution control revolving funds. 147 Cong. Rec. H396 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 679 (McKeon, R-Cal.) (mining) would prohibit mining on a certain tract of federal land in Los Angeles County, California. 147 Cong. Rec. H396 (daily ed. Feb, 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 683 (Markey, D-Mass.) (energy conservation) would increase the authorization of appropriations for low-income energy assistance, weatherization, and state energy conservation grant programs, and to expand the use of energy savings performance contracts. 147 Cong. Rec. H397 (daily ed. Feb. 14, 2001). The bill was referred to the Committees on Energy and Commerce, and Education and the Workforce.

  • H.R. 685 (Miller, D-Cal.) (reclaimed water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize certain projects in California for the use or reuse of reclaimed water and for the design and construction of demonstration and permanent facilities for that purpose. 147 Cong. Rec. H397 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 695 (Peterson, R-Pa.) (national heritage area) would establish the Oil Region National Heritage Area. 147 Cong. Rec. H397 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 700 (Saxton, R-N.J.) (animal conservation) would reauthorize the Asian Elephant Conservation Act of 1997. 147 Cong. Rec. H397 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 701 (Young, R-Alaska) (oil and gas royalties) would use royalties from Outer Continental Shelf oil and gas production to establish a fund to meet the outdoor conservation and recreation needs of the American people. 147 Cong. Rec. H397 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 704 (Sherman, D-Cal.) (energy conservation) would permit the states in the Pacific time zone to temporarily adjust the standard time in response to the energy crisis. 147 Cong. Rec. H397 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 705 (Simpson, R-Idaho) (water rights) would subject the United States to imposition of fees and costs in proceedings relating to state water rights adjudications. 147 Cong. Rec. H397 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on the Judiciary. 

  • H.R. 706 (Skeen, R-N.M.) (land conveyance) would direct the Secretary of the Interior to convey certain properties in the vicinity of the Elephant Butte Reservoir and the Caballo Reservoir, New Mexico. 146 Cong. Rec. H397 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 713 (Tierney, D-Mass.) (agriculture) would require the Secretary of Agriculture to complete a report regarding the safety and monitoring of genetically engineered foods. 147 Cong. Rec. H398 (daily ed. Feb. 14, 2001). The bill was referred to the Committee on Agriculture.

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

IN THE STATES

red bar graphic ALABAMA


Dept. of Envtl. Management


Public Notices–Permit Applications 



Daily Ozone Forecast



Jefferson County Dept. of Health


Daily Air Quality Index


red bar graphic ALASKA


Dept. of Envtl. Conservation


Guidance on Calculating Cumulative Risk


red bar graphic ARIZONA


Dept. of Envtl. Quality


Waste Reduction Initiative Through Education (WRITE) Grants



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 were published in the Arizona Administrative Register on Feb. 9, 2001, and became effective that date. 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


red bar graphic ARKANSAS


Dept. of Environmental Quality


Proposed TMDL



Proposed Regulations-Air Quality



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



Emergency Order-Open Burning



10-Year Strategic Plan



Enforcement Orders


red bar graphic CALIFORNIA


Office of the Governor


Governor's Executive Orders on Power Generation



  • Governor Davis signed five Executive Orders, D22-D27, that are intended to expedite the review and permitting process of power generating facilities in California while maintaining environmental standards. An additional 20,000 megawatts is expected to be online by July 2004, starting with 5,000 additional megawatts by July 2001 and 5,000 more megawatts by July 2002. See http://www.governor.ca.gov/state/govsite/gov_html and http://www.arb.ca.gov/energy/energy.htm

Air Resources Board


Clean Air Plan: Strategies for a Healthy Future



Workshop-Portable Classrooms



Workshops--Zero-Emission Vehicle Regulations



Compliance Advisory 



Dept. of Toxic Substances Control


Annual Facility Report



Proposed Regulations



Integrated Waste Management Board


Proposed Regulations-Putrescible Wastes Transfer/Processing



  • Concerns placement of facilities and operations that transfer/process putrescible wastes into regulatory tiers, and setting minimum standards. At its Jan. 24 meeting, the Board directed staff to initiate an emergency rulemaking process to clarify that the Board's current standards for transfer/processing operations and facilities apply to the transfer/processing of putrescible waste. The Board thereafter adopted emergency regulations at its Feb. 20-22, meeting. After Board adoption and Cal/EPA approval of a fiscal impact analysis, staff will submit the emergency regulations to the Office of Administrative Law (OAL) for a 10 working day review. See http://www.ciwmb.ca.gov/Rulemaking/Putrescible/

Proposed Regulations-Withdrawal of Local Enforcement Agency (LEA) Designation



  • These proposed 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. The Permitting and Enforcement Committee approved these draft regulations in July 1998 for public notice. As a result of comments received after the Permitting and Enforcement Committee action the Board did not initiate a public comment period. Revised text is currently under development. The Board will discuss the revised text at its Mar. 20-21 meeting. See http://www.ciwmb.ca.gov/Rulemaking/leadsign/ 

Proposed Regulations-LEA Grants



  • New regulations for the local enforcement agency (LEA) grants program are proposed. The Permitting and Enforcement Committee approved these draft regulations for public notice in September 1997, however, LEA outreach staff workload forestalled the public notice period. The Board will discuss the proposed regulations at its Mar. 20-21 meeting. See http://www.ciwmb.ca.gov/Rulemaking/leagrant/

Water Resources Control Board


Draft Revised Water Quality Enforcement Policy



Public Workshops-Effluent Dependent/Dominated Water Bodies



Dept. of Pesticide Regulation


1999 Pesticide-Related Injury Report Released



  • DPR identified a total of 1,201 suspected or confirmed reports of pesticide injury in 1999, compared to 998 cases the previous year. Other than 1998, the total number of illnesses reported in 1999 was the lowest since 1986. See http://www.cdpr.ca.gov/docs/pressrls/injuries.htm 

Proposed Regulations



  • DPR has proposed adding norflurazon to the Groundwater Protection List, adding use requirements for norflurazon, and designating pesticide management zones (PMZs) in Fresno and Tulare Counties that would modify or restrict norflurazon use in those PMZs for the purpose of protecting groundwater. See http://www.cdpr.ca.gov/docs/legbills/r9900005.htm 

South Coast Air Quality Management District


Executive Orders-Energy Crisis



Final Regulations-Paint Spray Booths



Proposed Regulations-New Source Review/RECLAIM



  • Proposed amendments to Regulation XX - Regional Clean Air Incentives Market (RECLAIM) are the subject of a Feb. 28 public workshop. The purpose of the proposed amendments to Regulation XX is to address issues related to the power crisis and recent increases in RECLAIM Trading Credit (RTC) prices for Oxides of Nitrogen (NOx). The amendments are designed to provide power producing facilities a mechanism to expand their electrical generating capacity and help stabilize NOx RTC prices. As proposed, the amendments to Regulation XX include the following: temporarily bifurcating existing power producing facilities from RECLAIM; establishing a temporary emission mitigation fee program to mitigate emissions from existing power producing facilities in excess of NOx allocations; establishing a temporary Air Quality Investment Program for use by RECLAIM facilities meeting certain requirements; requiring large RECLAIM facilities to file compliance plans demonstrating how they will comply over the next several years requiring, through compliance plans, air pollution controls for power producing facilities; developing/refining protocols for missing and late electronic reports; and improving RTC trade registration requirements. See http://www.aqmd.gov/news1/RECLAIM_home_page.htm 

  • Proposed amended rules 1303 and 2005 (new source review for RECLAIM) were the subject of a Dec. 21 workshop. Governing Board has given preliminary approval; revisions are intended to help stabilize RECLAIM credit prices and reduce the cost of compliance. See http://www.aqmd.gov/news1/Governing_Board/Bs1_19_01.htm and  http://www.aqmd.gov/pub_edu/notice_r1303_2005.html

red bar graphic COLORADO


Dept. of Public Health and Environment


Hazardous Waste Training Workshop



Air Quality Control Commission


Proposed Regulations



  • Proposed regulations to implement Colorado House Bill 99-1351, which requires that all state and federal lands have 5-year emission inventories. Hearing date is March 15, 2001. See http://www.cdphe.state.co.us/op/HB-99-1351_03_01.html

  • Proposed standards for reductions in emissions associated with street sweeping and sanding in the Denver PM10 Nonattainment area. Hearing date is March 15, 2001. See http://www.cdphe.state.co.us/op/Denver_PM10_03_01.html

  • The Commission will consider revisions to its Long Term Strategy for the Class I Area Visibility Protection Element of the State Implementation Plan (SIP) regarding resolution of the Certification of Visibility Impairment in the Mount Zirkel Wilderness Area for the Craig Power Generating Station. The Commission will consider a proposal to establish emission limits, schedules for compliance, and reporting requirements as an alternative to the process of making regulatory determinations such as the identification and application of Best Available Retrofit Technology (BART). Hearing date is April 19. See http://www.cdphe.state.co.us/op/Visibility_LTS_02_01.htm

Water Quality Control Commission


Proposed Regulations



Dept. of Pesticide Regulations


Annual Report Released


red bar graphic CONNECTICUT


Dept. of Envtl. Protection


Water Quality-Stormwater General Permits



Air Quality-2000 Emission Reports



Air Quality-Guidance Document



Report to Legislature



Final Regulations


red bar graphic DELAWARE


Dept. of Nat. Resources and Envtl. Control


Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Dept. of Envtl. Protection


Proposed Regulations-Air Quality




  • Proposed amendments would introduce a new Application for Transfer of Air Permit form (DEP Form 61-210.900(7)).



  • Proposed rule amendments would clarify when separate processing of an Acid Rain Part of a Title V permit may be requested, clarify that an Acid Rain Part issued separately from a Title V permit is not a separate permit, allow the permit duration of an initial Title V permit for Acid Rain sources to be less than five years, change the phrase "material balance" to "inventory balance," clarify that an asbestos manufacturing and fabrication facility must have obtained an air construction permit prior to using a Title V air general permit, clarify who is liable for corrective actions when a facility with a Title V permit is transferred, clarify that a Title V permit shall only be issued for a new term through the renewal process, and clarify that when a permit condition is changed, both the revised and superseded conditions shall remain in the permit for the duration of the term with an effective date for the revised condition. See http://www.dep.state.fl.us/air/regulate/project/norm97.pdf


Update on Electronic Reporting/Permitting



Southwest Florida Water Management District


Proposed Regulations




  • Proposed rule amendment would modify the circumstances in which a well verification form must be submitted to the District. The form would not be required for wells constructed on residential properties of one acre or less.



  • Proposed amendments would remove several exemptions from environmental resource permitting from the District's rules.



  • Proposed amendments would address exemptions from environmental resource permitting that deal with the construction or restoration of seawalls.


See http://www.swfwmd.state.fl.us/


South Florida Water Management District


Proposed Regulations




  • Proposed amendments would clarify the District's interpretation of the statutory scope of the consumptive use program.



  • Proposed amendments would establish criteria for applications and renewals consistent with Rule 40E-8, F.A.C., regarding minimum flows and levels. 



  • Proposed regulations would establish minimum flows and levels for Lake Okeechobee, the Everglades, the Biscayne Aquifer, the Lower West Coast Aquifers, and the Caloosahatchee River.



  • Proposed rules would implement the Everglades Forever Act by addressing annual average loading of phosphorus. 



  • Proposed rules would create a regional water shortage plan for Lake Okeechobee. 


See http://www.sfwmd.gov/

red bar graphic GEORGIA


Dept. of Natural Resources, Envtl. Protection Division


Proposed Regulations-Underground Injection Controls



Air Permit Applications


red bar graphic HAWAII


Office of Envtl. Quality Control


Air Quality-Permit Applications



Environmental Impact Notices


red bar graphic IDAHO


Dept. of Envtl. Quality


Water Quality-Draft Guidance Documents




  • DEQ is seeking comment on three draft guidance documents. Methods used by DEQ to evaluate physiochemical, physical habitat and biological data on water bodies are described in the “Water Body Assessment Guidance” draft document. In addition, the document outlines various strategies DEQ will use to determine water quality impairment. Two additional draft documents, “Idaho River Ecological Assessment Framework” and “Idaho Small Stream Ecological Assessment Framework,” detail DEQ’s technical methods used to assess the aquatic life of rivers and streams. Comments due May 1. See http://www2.state.id.us/deq/news/jan29_01a.htm


Outstanding Resource Waters-Petitions


red bar graphic ILLINOIS


Pollution Control Board


Final Regulations-Board Procedural Rules



Open Regulatory Dockets



Envtl. Protection Agency


Air Quality-Proposed SIP Submittal



Permit Application



Strategic Planning Process


red bar graphic 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.  

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


red bar graphic IOWA


Dept. of Natural Resources-Envtl. Protection Commission


Proposed Regulations-Water Quality




  • Proposed amendments to Chapter 61, “Water Quality Standards,” Iowa Administrative Code. 
    The proposed amendments address U.S. EPA disapproval of various changes made to the water quality standards from July 1992 through January 1999 and are proposed to avoid federal (EPA) promulgation of water quality standards (WQS) for Iowa. Until such time as EPA approves state-adopted WQS, the WQS are not effective for the purpose of carrying out the federal Clean Water Act. The Region VII EPA review of all post-1992 WQS changes adopted by the Commission resulted in the approval of most of the adopted standards but disapproval of some items. The disapproved items generally fall into the following broad categories: removal or “downgrades” of designated uses for water bodies without proper documentation; numeric water quality criteria not included or improperly calculated; and a provision of the antidegradation policy dealing with drainage ditches. The amendments now being proposed will, if adopted, effect the following changes: (1) Class A (Primary Contact Recreation) use designations will be reestablished for eight water bodies or water body segments; (2) A Class C (Drinking Water Supply) use designation will be reestablished for Mystic Reservoir (Appanoose County); (3) Numerical criteria will be established for endosulfan, bromoform, chlorodibromomethane, chloroform, and di–chlorobromomethane. The existing WQS either do not have numeric values for these compounds or EPA feels the established values are inconsistent with EPA guidance; (4) A provision in the antidegradation policy that exempts the repair and maintenance of a drainage district ditch from the policy will be removed. EPA disapproved this provision (adopted by the Commission in October 1993) on the basis of inconsistency with the requirement that WQS, including antidegradation provisions, apply to all waters of the state. Written comments are due Mar. 19. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010207.html


Final Regulations-Air Quality



Final Regulations-Water Quality


red bar graphic KANSAS


Dept. of Health and Environment


KDHE Environmental News


red bar graphic KENTUCKY


Office of the Governor




  • Gov. Patton abandoned his legislative proposal to require statewide "universal" collection of solid waste in all Kentucky counties and institute widespread recycling programs. He said the General Assembly was unlikely to support any new spending programs or tax increases. 


Dept. for Envtl. Protection, Division for Air Quality


Proposed Regulations



Permit Applications



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 be Feb. 27, if requested by Feb. 17. See http://162.114.4.13/kar/notofint.htm


Dept. for Envtl. Protection, Division of Water


Enforcement Order




  • Martin County Coal Corp. has been ordered to submit a plan to close and reclaim the impoundment that released an estimated 250 million gallons of slurry in Martin County last October. The Natural Resources and Environmental Protection Cabinet’s Department for Surface Mining Reclamation and Enforcement (DSMRE) issued the order to close the impoundment as part of a notice of noncompliance issued to the company. See http://www.nr.state.ky.us/nrepc/press/martin.htm


Proposed Regulations




  • The Statement of Consideration for the Dec. 21, 2000, public hearing on eight proposed new and amended regulations relating to Kentucky’s Drinking Water Program for Public and Semipublic Water Supplies was filed on Feb. 1, 2001. Most of the changes are required by the Safe Drinking Water Act (SDWA). See http://water.nr.state.ky.us/dow/dwhome.htm


Public Hearing Notices



Permit Applications


red bar graphic LOUISIANA


Dept. of Envtl. Quality


Proposed General Permit-Stormwater



Final Regulations-Air Quality



Final Regulations-Hazardous Waste



Final Regulations-Water Quality





Proposed Regulations–Hazardous Waste



Final Regulations-Stormwater



Draft TMDL



Permit Applications




red bar graphic 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



Department of Agriculture, Food and Rural Resources


Final Regulations-CAFOs, Manure Spreading




  • Changes to the Nutrient Management Rules include updates to conform with the updated Nutrient Management Law from the past Legislative Session. Also included are standards for variances from the Winter Manure Spreading Ban and Nutrient Management Law implementation dates. Changes also include an appeal process for variances, and a process for revocation of Nutrient Management Planner Certification and for revocation of full or provisional Livestock Operation Permits. Changes on Concentrated Animal Feeding Operations (CAFO) designation are also included. Rules effective Feb. 17. See http://www.state.me.us/sos/cec/rcn/apa/notices/022101.htm

red bar graphic MARYLAND


Dept. of the Environment


General Permit-Poultry Manure Management



Air Quality-Diesel Trucks



Public Meetings/Hearings



Water Quality Standard-Triennial Review



Proposed Regulations-Mine Reclamation




  • Proposed amendments to Regulation .02 and new Regulation .04 under COMAR 26.20.12, Exemption for Coal Extraction Incidental to Government-Financed Highway or Other Construction. The purpose of this action is to amend the existing definition of "Government-financed construction" to allow for a lower percentage of government financing for construction undertaken as approved abandoned mine land reclamation projects under Environment Article, Title 15, Subtitle 11, Annotated Code of Maryland. This action proposes new Regulation .04 which details the procedures that must be followed in order for the Bureau to approve abandoned mine land reclamation projects receiving less than 50% government funding because of planned coal extraction incidental to the reclamation projects. This proposal also provides safeguards to ensure that the reclamation projects are conducted in accordance with the plans and that the reclamation will be completed. Public hearing Mar. 13; comments due same date.  


Dept. of Agriculture


Proposed Regulations-Nutrient Management




  • The Secretary of Agriculture proposes to amend Regulations .06 and .12 under COMAR 15.20.04 Nutrient Management Certification and Licensing; amend Regulations .01,.02, .04, and .05 under COMAR 15.20.06 Nutrient and Commercial Fertilizer Application Requirements for Agricultural Land and Land, Including State Property, Not Used for Agricultural Purposes; amend Regulations .02-.04 and .06 under COMAR 15.20.07 Agricultural Operation Nutrient Management Plan Requirements; and amend Regulations .02 and .04-.06 under COMAR 15.20.08 Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation. The purpose of this action is to amend regulations pursuant to legislative changes made to the Water Quality Improvement Act of 1998 during the 2000 session of the General Assembly, and to update the plant nutrient recommendation requirements in accordance with the most recent findings from the University of Maryland Cooperative Extension. Comments are due Feb. 26. See http://www.mde.state.md.us/wqstandards/index.html

red bar graphic MASSACHUSETTS


Dept. of Envtl. Protection


Air Quality-Draft Indoor Air Sampling and Evaluation Guide



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



Enforcement Actions


red bar graphic  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 CAA 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

Air Quality-Work Group Meeting Feb. 27



  • Pursuant to Act 451, the Air Quality Division is operating a work group to assist in the revision of rules regulating the new source review (NSR) program for rules packages 2000-077EQ and 2000-078EQ (formerly part of rules package 98-036EQ). The proposed NSR rule revisions will address program approval issues raised by the U.S. EPA, findings of the Office of the Auditor General, and possible new exemptions from the requirement to obtain a Permit to Install. See http://www.deq.state.mi.us/cal/dq021201.htm

Coastal Management Program-Section 309 



  • Draft Assessment of Section 309, Coastal Program Enhancement, Federal CZMA. The draft Assessment provides an overview of Coastal Management Program activities related to the issues of cumulative and secondary impacts of coastal development, wetlands, and coastal hazards. The draft Assessment also assesses the issues of public access, federal government facility siting, marine debris, special area management planning, and aquaculture. Comments received will assist the Coastal Management Program in prioritizing these issues, developing a strategy for grant funding, and identifying program goals for the next four years. Comments due Feb. 28. See www.deq.state.mi.us/lwm

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


red bar graphic MINNESOTA


Pollution Control Agency


"Environmental Tax Reform Proposal"



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



Recommended Product Bans



Permit Applications, Other Notices


red bar graphic  MISSOURI


Dept. of Natural Resources


Emergency Regulations-Public Drinking Water



Final Regulations-Primary Lead MACT



Proposed Regulations-Air Quality



Proposed TMDLs



Water Pollution Control-Permit Applications


red bar graphic MONTANA


Dept. of Envtl. Quality


Coal Bed Methane



Proposed Regulations-Air Quality



Proposed Regulations-Facility Siting



303 List-Impaired/Threatened Waterbodies



Stormwater General Permit



Public Comment Notices


red bar graphic NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-Water Quality



Proposed Regulations-General


red bar graphic NEVADA


Division of Envtl. Protection


1988-1998 Air Quality Trends Report



Final Guidance Documents


red bar graphic NEW JERSEY


Dept. of Envtl. Protection


Smart Growth-Proposed Initiative




  • DEP is seeking comments on an initiative designed to expedite development and redevelopment projects in urban areas and municipalities where growth is targeted under state and local master plans. The proposal would allow municipalities with a certain state designation to obtain department approval of a sector permit. Eligible municipalities are those either containing a Governor's Designated Urban Coordinating Council neighborhood, or having gone through the center designation, endorsed plan, or regional plan process with the State Planning Commission. After demonstrating that their land use ordinances guarantee environmentally sound land use decisionmaking and assuring the protection of the state's natural resources, these municipalities could obtain DEP approval of a sector permit and incorporate the state's authorization under the permit into their actions under the Municipal Land Use Law. DEP is seeking comments through Mar. 16; comments received will be used in developing a proposed regulation that subsequently will be published for more extensive public review and comment. See http://www.state.nj.us/dep/special/sector/


Proposed Regulations-Pesticides




  • The rule amendments would upgrade training requirements for commercial pesticide applicators, increase licensing requirements for private pesticide applicators such as farmers, and prohibit false or misleading advertising of pesticide products such as those falsely claiming to be organic or environmentally friendly. They would prohibit non-agricultural aerial application of broad-spectrum chemical pesticides and instead would require the use of biological controls or least hazardous alternatives when conducting, for example, community gypsy moth control spraying. Exceptions would include significant pest outbreaks. In addition, the amendments would establish a notification system for outdoor pesticide applications within 250 feet of school grounds, when using high-pressure equipment that is more likely to cause the pesticide to drift. Comments due Mar. 7. See http://www.state.nj.us/dep/enforcement/pcp/


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, was 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



Public Meetings-NY/NJ Harbor Estuary Program 



Draft Watershed Management Rules



Current DEP Bulletin (Permit Applications; Proposed Regulations)


red bar graphic NEW MEXICO


Water Quality Control Commission


Proposed Regulations-Liquid Waste Disposal


red bar graphic 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


red bar graphic  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


red bar graphic OHIO


Envtl. Protection Agency


Proposed Regulations-Drinking Water



  • New rules have been proposed regarding the Consumer Confidence Report (CCR). The proposed
    rules will provide a framework through which consumers can obtain information on their community public drinking water system. The rules are consistent with regulations issued by the U.S. EPA, to meet a requirement of the Safe Drinking Water Act Amendments of 1996. Only community public water systems are required to issue a report to their consumers. A community water system that has at least 15 service connections serving year-round residents or regularly provides water for at least 25 year-round residents. Community water systems can be cities, towns, homeowner associations and mobile home parks. Public hearing Feb. 26. See http://www.epa.state.oh.us/pic/nr/2001/february/ccrrules.html 

Proposed Regulations-Scrap Tire Management



  • Major changes proposed in these rules include: creating a new definition for the term "tire derived chip" to make it consistent with standards for civil engineering uses of scrap tire shreds; adding a provision to approve tire-derived chips for several beneficial uses; eliminating an annual inflation adjustment for scrap tire facilities and scrap tire transporters; allowing scrap tire transporters to register portable tire processing equipment as part of the transporter's registration, if the equipment is used to consolidate loads; requiring a license as a scrap tire recovery facility if portable tire processing equipment is being used to produce usable materials; including a provision to allow a county health commissioner or the Ohio EPA director to grant a limited exemption from obtaining a registration to transport tires to allow tire removal from nuisance sites or open dumps; updating guidelines to create windrow storage standards for tire-derived chips making them consistent with the 1998 National Fire Protection Association storage of rubber tire guidelines; and simplifying paperwork requirements for transporting scrap tires. Comments due Mar. 16; public hearing same date. See http://www.epa.state.oh.us/dsiwm and http://www.epa.state.oh.us/pic/nr/2001/february/scraptir.html

Clean Ohio Fund Proposal 



Proposed Farm Operation



Water Resource Inventory Reports



OPEA Actions, Notices by County



Public Meetings



Pending Air Permits



Penalty Assessments



  • Dravo Basic Materials Company, Inc, $15,000 penalty. See http://www.epa.state.oh.us/pic/nr/2001/february/dravo.html

  • Proposed consent order with Summit County. The proposed order would require the county to properly operate and maintain each of its wastewater treatment plants, collection systems and any equipment or additional structures associated with the facilities. The county also would be required to pay an $800,000 civil penalty to Ohio EPA, $300,000 of which is to be paid within 45 days of the order being finalized. In addition, Ohio EPA will allow the county to complete an environmental project in lieu of the remaining $500,000 payment. Summit County has proposed modifications to the Munroe Falls dam to improve water quality in the Middle Cuyahoga River. Credit will be granted only for work that directly results in water quality improvements. However, if the county fails to complete the project, it will be required to pay the remaining balance of the civil penalty. Comments due Mar. 14. See http://www.epa.state.oh.us/pic/nr/2001/february/summit.html 

red bar graphic OKLAHOMA


Dept. of Envtl. Quality


Water Quality-Continuing Planning Process Document



Draft Source Water Assessment and Protection Program Document


red bar graphic OREGON


Dept. of Human Services, Health Division


Audit of State Drinking Water Program 



Dept. of Envtl. Quality


Proposed Regulations-Air Quality



Final Regulations-Air Quality



Final Regulations-Pollution Control Facility Tax Credit



Southern Willamette Valley Groundwater Study



Proposed TMDL



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


red bar graphic PENNSYLVANIA


Dept. of Envtl. Protection


Clean Water Revolving Fund-2001 Project List



Final General NPDES Permit-CAFO Operations



Final Regulations-Air



NPDES Permit Applications



Final Guidance



  • DEP ID: 383-3500-106 Title: Guidance for Surface Water Identification Protocol. See 

Draft Guidance



Environmental Hearing Board


Proposed Regulations-Household Hazardous Waste



  • The proposed amendments include regulations governing household hazardous waste collection events, grants, and transportation and management. The proposed changes clarify the regulations to make them consistent with the Small Business and Household Pollution Prevention Program Act (35 P. S. §§ 6029.201--6029.209) (Act 190), which was passed after most of the existing household hazardous waste regulations were written. The proposed changes to Article VII (relating to hazardous waste management) correct the inadvertent 1999 incorporation by reference in Article VII of U.S. EPA's regulatory exemption of household hazardous waste from regulation as hazardous waste. The proposed changes to Article VIII (relating to municipal waste) are designed to ensure that waste collected as part of an organized household hazardous waste collection continues to be properly transported and managed as hazardous waste rather than as part of the municipal waste stream. Household hazardous waste not collected as part of an organized collection will continue to be managed as municipal waste. Comments are due Mar. 12. See http://www.pabulletin.com/secure/data/vol31/31-6/219.html

Final Regulations


red bar graphic RHODE ISLAND


Dept. of Envtl. Management


Temporary Regulation-Septic Systems


red bar graphic SOUTH CAROLINA


Dept. of Health and Envtl. Control


Proposed Regulations-Drinking Water



  • DHEC proposes to revise the regulations to include requirements promulgated under the National Primary Drinking Water Regulations: Public Notification Rule, and the Radionuclide Rule. The Public Notification Rule revises current public notification procedures requiring public water systems to notify the public any time a water system violates a primary drinking water regulation or has other situations posing a risk to public health. This rule applies to all public water systems. Comments due Feb. 26. 

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


red bar graphic  TENNESSEE


Dept. of Environment and Conservation


Permit Hearings



Proposed Regulations-Water Quality



Draft TMDL



Guidelines for the Land Application and Surface Disposal of Biosolids



Erosion and Sediment Control Handbook


red bar graphic  TEXAS


Natural Resource Conservation Commission


Water Quality-Draft Guidances



Comments due Mar. 5. See http://www.tnrcc.state.tx.us/water/quality/02_303d.html


Permit Hearings



Public Hearings/Proposed Rules



Sunset Advisory Commission


red bar graphic  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 cleanup 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


red bar graphic VERMONT


Environmental Board


Dept. of Envtl. Conservation


Permit Applications


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Dept. of Envtl. Quality


Online Permit Application



Proposed Regulations-Air Quality



Proposed Regulations-Water Quality



Public Meeting, Hearing Notices



Sustainable Future II Conference


red bar graphic  WASHINGTON


Dept. of Ecology


Adopted Regulations



Proposed Regulations


red bar graphic WEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)


red bar graphic WISCONSIN


Dept. of Natural Resources


Pending Bill-Response to Solid Waste Agency of N. Cook Co. v. U.S. Army Corps of Engineers (SWANCC)



  • Pending S.B. 37, approved by the Wisconsin Senate, would incorporates into state law the content of some of the federal provisions governing the issuance of discharge permits called into question by the SWANCC decision. Under the bill, no one may discharge dredged or fill material into a wetland unless the discharge is authorized by a certification from DNR that the discharge will meet all applicable state water quality standards. The bill exempts from this certification process activities that are exempt from ACE discharge permits under federal law. These exemptions include normal farming, forestry, and ranching activities, maintenance and reconstruction of damaged parts of structures that are in bodies of water, maintenance of drainage ditches, and construction and maintenance of certain farm roads, forest roads, and temporary mining roads if certain requirements are met. See http://www.legis.state.wi.us/billtrack.html

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



Public Hearing and Meeting Schedule


red bar graphic WYOMING


Dept. of Environmental Quality


Final Regulations-Air Quality


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

INTERNATIONAL
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red bar graphic GENERAL



  • The United Nations Environmental Program announced a program to examine the environmental and human health effects of exposure to mercury. See http://www.unep.org/Documents/Default.asp?DocumentID=192&ArticleID=2770

  • The U.N. Global Environment Facility issued a report painting a rosy picture for the future of renewable energy markets. The report notes that developing nations may need as much as 5 million megawatts of new electrical generating capacity during the next 40 years.

  • Conservation efforts to save the giant panda remain hampered by the loss of and change within the panda's
    habitat in the mountains of China, says the World Wildlife Fund. See http://www.worldwildlife.org/news/headline.cfm?newsid=245

  • A report by the International Food Policy Research Institute (IFPRI) and the World Resources Institute (WRI) warns that farming methods have degraded soils, parched aquifers, polluted waters, and caused the loss of animal and plant species. According to the report, soil degradation has dramatically reduced crop productivity, with severe consequences likely for poor, heavily populated countries. See http://wbln0018.worldbank.org/news/pressrelease.nsf

  • A report published in the journal Nature concluded that while introduction of a growth hormone gene into wild trout made the fish grow, the gene has little or no growth effect on commercially-bred fish. The study's authors, associated with the Canadian Department of Fisheries and Oceans, also noted that genetically modified trout evidenced deformities not seen in wild trout. See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1170000/1170284.stm


red bar graphic CLIMATE CHANGE



  • Participants at the annual meeting of the American Association for the Advancement of Science, discussing findings regarding icecaps on Africa's Mount Kilimanjaro and peaks in Peru and Tibet indicate trends in the last 50 years may have exceeded typical climate change.

  • Ocean warming and subsequent thermal expansion will be the largest contributor to sea-level rise during the 21st century with coastal storm surges becoming an increasing global threat to life and property, says a senior Australian oceanographer. Global average sea level is projected to rise between 9 and 88 cm between 1990 and 2100 for a global average surface temperature rise projected to be between 1.4 and 5.8ºC. See http://www.marine.csiro.au/PressReleasesfolder/01releases/6feb01.html

  • International climate change negotiations will continue with a two-week session to be scheduled for mid-June to mid-July.

  • The U.N. Intergovernmental Panel on Climate Change issued the second volume of a three-part assessment. The report details a number of expected adverse consequences. See http://www.usgcrp.gov/ipcc and  http://www.ipcc.ch/press/pr13-16e.pdf 

  • The European Commission issued a report, "Ten Years After Rio: Preparing for the World Summit on Sustainable Development in 2002." The report notes that "(a) relatively small percentage of the world's people and nations still use most of the world's economic and natural resources." See http://europa.eu.int/comm/environment/agend21/index.htm

  • The Panel is expected to give support to the U.S. position on the use of "sinks" in addressing global warming. In an upcoming report, IPCC is likely to conclude that if existing forests are protected and new ones planted,  up to 10% to 20% of the greenhouse gas carbon dioxide expected to be released during the next five decades could be eliminated. The costs incurred by industrialized nations to meet Kyoto Protocol targets could be cut by as much as 50% if those nations were allowed to buy and sell credits earned by those that make the deepest reductions in greenhouse gases.

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  • Japan's Cabinet gave approval to an Environment Ministry measure calling on government agencies to impose environmentally friendly procurement policies. 

  • Korea's business lobby group released a report which argues for reduced environmental regulation. 

  • Six major Asian cities--Manila, Jakarta, Beijing, Ho Chi Minh City, Shanghai and Bangkok--agreed to participate in a World Bank-sponsored clean air initiative. See http://wbln0018.worldbank.org/news/pressrelease.nsf

red bar graphic EUROPE



  • The European Parliament approved licensing standards for genetically modified organisms by an overwhelming vote. The European Union quickly followed, with France and Italy abstaining. Member countries will have 18 months to implement the new standards; several countries, notably France, Italy, Denmark, Austria, Luxembourg and Greece, have suggested that they will implement more stringent controls. 

  • The European Commission's "green paper," released Feb. 8, contained an "Integrated Product Policy" designed to stimulate the use of life-cycle analysis. The report endorsed a value-added tax on environmentally protective products to encourage their use. Some environmental groups were critical of the report, saying it did not go far enough. See http://europa.eu.int/comm/environment/ipp

  • A heavily contested $21 billion project in Spain, which is intended to channel water from the Ebro River to the country's eastern and southern regions, was approved despite opposition from environmental groups. 

  • The European Parliament approved a proposal to create a unified regulatory body, the Committee on Safe Seas, to address maritime pollution issues.

  • The European Commission accused Germany and Austria of failing to comply with Directive 90/313/EEC, Access to Environmental Information.

  • Germany and France resolved a long-standing dispute over nuclear waste transport from the La Hague reprocessing facility.  

  • Germany's Environment Minister unveiled a "Federal Nature Conservation Act," which is intended to encourage the development and expansion of protected conservation areas; the legislation would limit the ability of landowners to obtain compensation for "takings." See http://www.bmu.de

  • A new advisory agency, the AFSSE (Agence Francaise de Securite Sanitaire Environnementale) debuted in France. The agency is intended to report to the environment and health ministries. It will have the power to investigate environmental, safety, and health risks, conduct scientific analyses, and evaluate risks. However, the annual budget is less than $12 million U.S. and the agency is poorly staffed. 

  • The European Parliament agreed to legislation that would strengthen standards applicable to air emissions from new motorcycles. 

  • Traces of plutonium were found in depleted uranium ammunition tips at sites in Kosovo.

red bar graphic AUSTRALIA AND NEW ZEALAND


red bar graphic SOUTH AMERICA



  • Medical waste management standards were issued by the Columbia Ministry of the Environment. Hospitals will have three years in which to create and obtain approval for programs to minimize waste and provide for approved treatment of regulated infectious and medical wastes. Most of the materials are now going to municipal landfills without special handling or treatment.