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Weekly Update Volume 31, Issue 7

03/05/2001

LITIGATION

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

red bar graphic  CAA, NAAQS, IMPLEMENTATION COSTS, NONDELEGATION DOCTRINE:

The U.S. Supreme Court held that EPA may not consider implementation costs in setting primary and secondary NAAQS, that the CAA does not unconstitutionally delegate legislative power to EPA, and that EPA's interpretation of the CAA relating to the implementation of the revised ozone NAAQS was unreasonable. Industry representatives and several states brought suit against EPA in the D.C. Circuit Court in 1997 challenging EPA's revised NAAQS for particulate matter and ozone. The text of CAA §109(b)(1) unambiguously bars cost consideration from the NAAQS-setting process. Contrary to the challengers' argument, the CAA §109(b)(1) terms "adequate margin" and "requisite" do not leave room to pad health effects with cost concerns. Similarly, even if NAAQS could be based on criteria outside of documents developed under CAA §§108(a)(2) and 109(b)(1), cost would not be one of the enumerated factors that EPA could consider. Additionally, the directive in CAA §108(b)(1) for EPA to issue to the states information on air pollution control techniques that includes the cost of installation and operation has no bearing on whether cost considerations are to be taken into account in formulating the standards. Further, the circuit court erred in concluding that CAA §109(b)(1) unconstitutionally violates the nondelegation doctrine. The limits on EPA's discretion in promulgating NAAQS under CAA §109(b)(1) are similar to those approved of by the Court in other challenges to agency standard-setting authority and are well within the outer limits of nondelegation precedents. Moreover, the circuit court had jurisdiction to review EPA's implementation policy of the revised ozone NAAQS because the policy constituted final agency action ripe for review. The policy, however, was unlawful. The CAA is ambiguous as to the interaction between Part D, Subpart 1, which contains nonattainment regulations pertaining to every pollutant for which a NAAQS exist, and Subpart 2, which contains rules tailored to specific individual pollutants, ozone being at issue here. Accepting EPA's interpretation of the statute would render Subpart 2's carefully designed restrictions on EPA discretion nugatory once a new ozone NAAQS has been promulgated. Subpart 2 eliminates regulatory discretion that Subpart 1 allows, and EPA may not construe the statute in a way that completely nullifies textually applicable provisions meant to limit its discretion. Further, although Subpart 2 was written to govern implementation for some time into the future, there was nothing in EPA's interpretation that would have prevented the Agency from aborting the subpart the day after it was enacted. Justice Scalia delivered the opinion for the Court, and Justices Thomas, Stevens, and Breyer issued concurring opinions. Whitman v. American Trucking Ass'ns, No. 99-1257 (U.S. Feb. 27, 2001) (40 pp.).


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red bar graphic  NEPA, EIS, GLACIER BAY NATIONAL PARK:

The Ninth Circuit reversed a district court decision and held that the U.S. National Park Service violated NEPA when it implemented a vessel management plan (VMP) for the Glacier Bay National Park in Alaska without preparing an EIS. The Park Service implemented the VMP, which allowed increased cruise ship entry to the bay, after preparing an EA and issuing a FONSI. The district court found that the Park Service did not violate NEPA because the decision was based on available information. However, the high degree of uncertainty and the substantial controversy regarding the effects on the quality of the environment in the park each necessitates the preparation of an EIS. The EA describes the intensity or practical consequences of the environmental effects of the VMP as unknown, which partly stems from a lack of information about the practical effects of increased vessel traffic on the bay. The EA recognizes that the missing information may be obtainable and would be helpful in evaluating the environmental impact of the VMP, and, therefore, proposes a park research and monitoring program. However, that is the type of information and understanding required before a decision that may have a significant adverse environmental impact is made, and why an EIS must be prepared. Additionally, the Park Service's uncertainty about the environmental effects of the VMP is partly a result of the failure to present proposals with mitigation measures that would offset environmental damage. There is a lack of data to support the Service's conclusion that the mitigation measures would be adequate in light of the potential environmental harms, no study was conducted to examine the anticipated effects of the mitigation measures, and no criteria were provided for an ongoing examination of them or for taking any corrected action needed. Further, the environmental group demonstrated a sufficient showing of controversy to require preparation of an EIS. Therefore, the court enjoined increased vessel traffic and returned traffic levels to their pre-VMP levels. National Parks & Conservation Ass'n v. Babbitt, Nos. 99-36065, -36094 (9th Cir. Feb. 23, 2001) (28 pp.).

red bar graphic  NATIVE AMERICAN LANDS, INDIVIDUAL INDIAN MONEY (IIM) TRUST ACCOUNTS, TRUST OBLIGATIONS:

The D.C. Circuit affirmed a district court holding that the DOI breached its fiduciary duties to IIM trust account beneficiaries and, therefore, must conduct an accurate accounting. The Indian Reorganization Act of 1934 returned to tribal ownership unallotted lands. The federal government retained fiduciary obligations to administer trusts and funds arising from allotted, but not yet fee-patented lands, for the benefit of individual Native American beneficiaries. These lands form the basis for the IIM trust accounts at issue in this case. In 1994, Congress passed the Indian Trust Fund Management Reform Act, which recognized the government's preexisting trust responsibilities and identified DOI duties with regard to IIM accounts administration. The DOI chose to implement portions of a strategic plan to implement the Act's requirements. In 1996, IIM trust account beneficiaries brought suit in district court claiming that the DOI and the U.S. Department of Treasury had breached their fiduciary duties by mismanaging the IIM trust accounts. The district court found in favor of the beneficiaries, ordered the departments to conduct an accurate accounting, and outlined certain types of policies and plans necessary to discharge the government's fiduciary obligations. Although the beneficiaries object to an ongoing plan, which is not a final agency action, the district court had jurisdiction to review the claim because the government has held an obligation to discharge the fiduciary duties owed to IIM trust beneficiaries for decades, and the inaction of the DOI represents unreasonable delay. Additionally, refusing to hear the beneficiaries' claims could unduly prejudice their rights. The district court did not err in finding that the government breached its fiduciary duties to the beneficiaries. Contrary to the government's argument, the 1994 Act does not define or alter the nature or scope of the government's duties to the beneficiaries. Rather, the Act identified a portion of the government's specific obligations and created additional means to ensure that the obligations would be carried out. Further, even if the Act was ambiguous, the government would not be afforded deference of their interpretation of the Act because ambiguous statutes are interpreted in favor of Native Americans. Additionally, the district court correctly found that the government is required to conduct an accurate accounting of the IIM trust accounts. The 1994 Act reaffirms the government's preexisting fiduciary duty to perform a complete and historical accounting of trust fund assets. Moreover, the district court properly left open the choice of how the accounting would be conducted and whether certain accounting methods would be appropriate. Cobell v. Norton, Nos. 00-5081, -5084 (D.C. Cir. Feb. 23, 2001) (25 pp.).


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red bar graphic  TAKINGS, DUE PROCESS, PERMIT REVOCATION:

The Ninth Circuit held that a developer's right to procedural due process was violated when a county planning agency failed to provide a hearing to the developer before halting a previously approved land development project, but that a district court correctly granted the county's summary judgment motion as to the developer's state and federal takings claims. After buying property and receiving approval for three short plats, the developer began removing vegetation from and placing fill on his land. The county issued a stop work order, and ultimately revoked approval of the developer's short plats. The developer brought suit in district court claiming state negligence, takings under the state and federal constitutions, and due process violations. Because the developer failed to offer any evidence establishing the amount of damage he suffered, the district court properly granted the county's motion for summary judgment on the state negligence claims and the state and federal takings claims. The district court erred, however, in granting the county's motion for summary judgment  for the procedural due process claims on the same grounds. Given the availability of nominal damages, the developer did not need to prove actual damages to have an actionable procedural due process claim. Additionally, because the developer possessed a cognizable property interest in his validly approved short plats he should have been given a pre-deprivation hearing before the county revoked the plats. By vacating the plats without conducting a hearing, the county deprived the developer of economic interest in his land. The county also failed to provide the developer any alternative procedural safeguards. Therefore, the district court erred in denying the developer summary judgment on his procedural due process claims. Weinberg v. Whatcom County, No. 98-36088 (9th Cir. Feb. 27, 2001) (11 pp.).

red bar graphic  NATIVE AMERICAN LANDS, NEPA, NATIONAL HISTORIC PRESERVATION ACT (NHPA), INDIAN GAMING REGULATORY ACT (IGRA):

The Tenth Circuit held that the DOI had a nondiscretionary duty to take into trust land purchased by the Wyandotte Tribe in Kansas, and, therefore, no NEPA or NHPA analysis was necessary, but the land could not be used for gaming operations under the IGRA. In 1855, after ceding much of their land to the United States, the Wyandotte Tribe entered another treaty in which it agreed to dissolve the tribe and cede the rest of its land to the United States, with the exception that a burial ground located on tribal land in Kansas would be permanently reserved for that purpose. The tribe was ultimately reinstated and in 1984 Congress passed a law providing for the appropriation and distribution of money in satisfaction of judgments awarded to the tribe, specifically the allocation of $100,000 to be used by the DOI for the purpose of acquiring real property to be held in trust for the tribe. In 1996, the tribe sought to acquire a piece of property adjacent to the burial ground with the intent of operating gaming activities on the property, and several tribes and the governor of Kansas brought this suit against the DOI to prevent it from taking the land into trust for the tribe. The district court erred in dismissing the suit on the grounds that the tribe was a necessary and indispensable party under Fed. R. Civ. P. 19. Additionally, the DOI had a nondiscretionary duty under the 1984 law to take the land purchased by the tribe into trust for the tribe. Because of this duty, the DOI correctly determined that no NEPA or NHPA analysis was necessary before acquisition of the property. The DOI erred, however, in concluding that only funds set aside under the 1984 law were used to purchase the property. Finally, the DOI incorrectly determined that the burial ground was a reservation for purposes of the IGRA. The IGRA does not contain a definition of "reservation," however, use of the word in the statute suggests that Congress intended for each tribe to have only one reservation for gaming purposes, and the Act specifically distinguishes between the reservation of a tribe and lands held in trust for a tribe by the federal government. Therefore, the Wyandotte tribe cannot use the newly acquired property for gaming purposes under the IGRA. Sac & Fox Nation of Missouri v. Norton, No. 00-3063 (10th Cir. Feb. 27, 2001) (15 pp.).


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red bar graphic FEDERAL TORT CLAIMS ACT (FTCA), DISCRETIONARY FUNCTION EXCEPTION, PILOT TRAINING, U.S. FOREST SERVICE:

The Ninth Circuit held that the Forest Service's decision not to require its contract pilots to have a specific type of training is protected by the discretionary function exception to the FTCA. The families of two pilots who died when the airtanker the pilots were flying during a forest fire brought suit against the government under the FTCA claiming that the Forest Service owed the pilots a duty of care and that they breached this duty by failing to provide appropriate training. However, the Forest Service's conduct of not requiring its contract pilots to undergo a certain type of training was discretionary. The families point to no statute, regulation, or policy that mandates the Forest Service to require the training. Additionally, the decision of whether to require the training of contract pilots is susceptible to policy analysis. Further, there was no standard, industry or otherwise, with respect to requiring contract pilots to receive training. Therefore, the Forest Service's conduct was protected by the discretionary exemption to the FTCA and the case was reversed and remanded. Kelly v. United States, No. 99-35134 (9th Cir. Feb. 28, 2001) (16 pp.).

red bar graphic  FEDERAL HAZARDOUS SUBSTANCES ACT (FHSA), NON-COMPLIANCE, PREEMPTION:

The Second Circuit reversed a district court's dismissal of an individual's claims against a primer and enamel manufacturer for failure to properly label its products under the FHSA. While the individual was using the liquid primer, vapors from it licked the fire in a stove approximately 10 feet away and triggered a flash fire that severely burned the individual. The primer and the enamel were packaged together and both contained warnings relating to the dangerous nature and flammability of the liquid in the cans, but only the enamel had a warning on its label stating that the vapors, in addition to the liquid, were dangerous and could cause a fire. The FHSA preempts any state cause of action that seeks to impose labeling requirements different from those found in the Act, therefore, the district court was correct in dismissing the individual's claims for breach of express warranty, strict products liability, and negligence that sought to impose additional or more elaborate labeling requirements. However, a state cause of action alleging non-compliance with the FHSA would not be preempted by the Act. Additionally, the district court erred in dismissing the individual's claim as to whether the danger of flash fire caused by the vapors is a primary hazard that is separate and distinct from the flammability of the liquid product, and, thus, should have appeared on the label. Further, on remand, the district court must consider whether the enamel label negates or disclaims statements required by the FHSA to be contained on the primer label. Milanese v. Rust-Oleum Corp., No. 00-7527 (2d Cir. Mar. 2, 2001) (10 pp.).

red bar graphic  ESA, NEPA, SONORAN PRONGHORN:

A district court held that various federal agencies violated the ESA and NEPA in their preparations of biological assessments (BAs), biological opinions (BOs), and EISs with respect to the survival of the Sonoran pronghorn. The pronghorn exists in the United States only in southwest Arizona on federally-owned land, managed in part by the BLM, the FWS, the U.S. National Park Service, different military branches, and the Immigration and Naturalization Service. Because the pronghorn is an endangered species, before taking any action that may affect it, each agency must prepare a BA for the FWS, and then the FWS and the agency must prepare a BO, which may provide for the incidental take of the pronghorn. Here, the FWS failed to analyze in its BO the cumulative effects of all of the federal activities that affect the pronghorn as ESA §7(a)(2) requires. Similarly, several of the agencies failed to include an analysis of the total impact on the species in their BOs. Additionally, the BOs of several of the agencies are deficient because of their overly narrow definition of action area, which results in the exclusion of certain relevant impacts from the environmental baseline. Because of these deficiencies, on remand the FWS must reconsider its opinions as to the impact of the incidental take authorized by each BO in light of the revisions made to the BOs. Further, although the recovery plan developed by the FWS adequately contains site-specific management actions, it failed to discuss the five criteria necessary before downlisting a species from endangered to threatened, and lacked appropriate time estimates for its implementation schedule. Moreover, the EISs prepared by some of the agencies violated NEPA because they failed to consider cumulative impacts. Defenders of Wildlife v. Babbitt, No. CIV. A. 99-927(ESH) (D.D.C. Feb. 12, 2001) (20 pp.).


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red bar graphic CWA, CITIZEN SUIT, STANDING:

A district court dismissed an individual's CWA citizen suit against an electricity company for lack of standing. After amending interrogatory answers and submitting an affidavit, both of which contradicted previous testimony, the individual demonstrated injury-in-fact. Additionally, there is an issue of fact as to whether at some time the individual saw dead or maimed animals at the bay in question whose death or maiming was caused by pollution from the company, thereby satisfying the causal connection requirement of standing. However, at the present time there is no remedy the court could grant that would significantly improve the conditions in the bay. Further, there is no reasonable  likelihood of significant future pollution of the bay by the company. Moreover, evidence relied on by the individual to show present contamination of the bay is outdated, based on water near the bay as opposed to the bay itself, and directly contradicted by other sources. There is no evidence to support the claim that the bay is presently contaminated. Therefore, the individual's CWA citizen suit was dismissed as moot. Mancuso v. Consolidated Edison Co. of New York, No. 93 CIV. 0001(WCC) (S.D.N.Y. Feb. 16, 2001) (13 pp.).

red bar graphic  BANKRUPTCY, SETTLEMENT AGREEMENT:

A district court affirmed a bankruptcy court's denial of a successive owner's motion challenging a settlement agreement entered by the prior owner and partially releasing the successive owner from liability for water contamination. The Fourth Circuit's mention in a footnote of the successive owner's fraud claims against the prior owner was dicta, irrelevant to the court's holding, and peripheral to the discussion. It did not dictate that the bankruptcy court interpret the settlement agreement as allowing the successive owner to proceed with the fraud claim. Additionally, the bankruptcy court properly denied the successive owner's motion to proceed to trial against the prior owner. The same judge from the bankruptcy court had the case from its inception, and before accepting the settlement agreement, that judge conducted extensive evidentiary hearings relating to the difficulty of the settlement negotiations, pollution exclusion clauses, and the cost of reclamation and remediation. Further, the bankruptcy court found that the settlement had value to the successive owner because it relieved them of of a state court judgment and state cleanup liability and water treatment expenses. In re Mountain Laurel Resources Co., Nos. CIV.A.5:00-0610 et al. (S.D. W. Va. Feb. 16, 2001) (8 pp.).

red bar graphic  FEDERAL LANDS, STATE TAX EXEMPTIONS:

The Colorado Supreme Court held that a state statute that exempts from taxation certain possessory interests in tax-exempt property violates the state constitution. A ski area operator, whose ski resort is located on federal land, brought this suit challenging the appraisal of its owed taxes on the basis that taxation of possessory interests in tax-exempt property violates §39-3-136, 11 C.R.S. The statute states that some possessory interests in tax-exempt property, such as the operation of a ski resort on federally-owned land, are exempt from taxation. However, the state General Assembly cannot provide statutory exemptions from taxation that are not within  the constitutional exemption categories, and the state constitution does not allow for the exemption of private possessory interests in tax-exempt land. Additionally, §39-3-136 does not tax all possessory interests uniformly in violation of the state constitution. Further, under previous holdings of the court, it is clear that the statute constitutes an exemption from taxation that violates the state constitution. Board of County Commissioners v. Vail Associates, Inc., No. 98SC869 (Colo. Feb. 26, 2001) (28 pp.).


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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  AIR: 



  • EPA revised the Acid Rain Program's permits rule by removing the industrial utility-units exemption. 66 FR 12973 (3/1/01). 

  • EPA amended the compliance certification requirements of the state and federal operating permits programs. 66 FR 12872 (3/1/01). 

  • EPA updated the outer continental shelf (OCS) air regulations as they apply to OCS sources off the coast of Alaska. 66 FR 12981 (3/1/01). 

red bar graphic  DRINKING WATER:  



  • EPA approved a revision to North Carolina's public water system supervision program. 66 FR 12795 (2/28/01). 

red bar graphic  HAZARDOUS AND SOLID WASTE: 



  • EPA entered into a proposed settlement under CERCLA §122(h) in connection with the ABC One Hour Dry Cleaners Superfund site in Jacksonville, N.C. 66 FR 12780 (2/28/01). 

  • EPA entered into a proposed administrative settlement under CERCLA §122(i) in connection with the BPS, Inc., Superfund site. 66 FR 12781 (2/28/01).

  • EPA entered into a proposed settlement under CERCLA §122 in connection with the Copper Basin Mining District Superfund site in Polk County, Tenn., and Fannin County, Ga. 66 FR 12781 (2/28/01). 

  • EPA entered into three proposed settlements under CERCLA §122(h) in connection with the Irvington Tire Fire Superfund site in Irvington, Ala. 66 FR 12781 (2/28/01). 

red bar graphic  RECORDKEEPING: 



  • EPA issued an advance notice of proposed rulemaking announcing its intent to establish performance standards to assure accuracy, record integrity, and accessibility of electronic reports and records applying generally to all recordkeeping requirements contained in 40 C.F.R. Chapter I. 66 FR 12746 (2/28/01). 

red bar graphic  RIGHT-TO-KNOW: 



  • EPA announced that it will conduct EPCRA/TRI training workshops across the country during the spring of 2001. 66 FR 12782 (2/28/01). 

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red bar graphic  SMCRA PROGRAM APPROVAL: 


red bar graphic  WATER QUALITY: 



  • EPA proposed a Class II administrative penalty under CWA §311(b)(6) of $8,108 against Broadwing Communications Services, Inc., for its failure to prepare spill prevention control and countermeasure plans for 36 facilities where it stored diesel in above ground tanks. 66 FR 12790 (2/28/01). 

  • EPA approved Maine's application to administer and enforce the Maine Pollutant Discharge Elimination System Program for all areas, other than Indian country, within the state. 66 FR 12791 (2/28/01). 

red bar graphic  DOJ NOTICES OF SETTLEMENTS: 



  • In re Joy Technologies, Inc., No. 99-2194 (Bnkr. Ct. Del. Feb. 21, 2001) (a settling CERCLA defendant must give EPA, a general unsecured creditor, an allowed claim in the amount of $7 million, plus interest, in reimbursement of response costs incurred in connection with the Route 52 site in Bluefield, W. Va., and must pay $1.5 million in civil penalties), 66 FR 12544 (2/27/01); 

  • U.S. v. Livingston, No. 97-4770 (WGB) (D.N.J. Feb. 13, 2001) (settling CERCLA defendants must pay $1.06 million in past U.S. response costs incurred at the Brook Industrial Park Superfund site in Bound Brook, N.J.), 66 FR 12544 (2/27/01); 

  • U.S. v. Preston Engravers, Inc., No. 3:99CV1273(JBA) (D. Conn. Feb. 5, 2001) (settling defendants that violated CAA §112 and the chromium electroplating NESHAP at their machine tooling facilities in East Windsor, Conn., Eureka, Mo., and Meadows of Dan, Va., must pay a $245,000 civil penalty, must refrain from future CAA violations, must develop and implement an operation and maintenance plan for the three facilities, and must submit four quarterly reports to EPA for each facility documenting the ongoing compliance with relevant emission limits for the affected sources), 66 FR 13080 (3/2/01). 

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

THE CONGRESS
large red bar graphic

red bar graphic  BILLS INTRODUCED



  • S. 388 (Murkowski, R-Alaska) (energy resources; Arctic National Wildlife Refuge (ANWR)) would decrease America's dependency on foreign oil sources to 50% by the year 2011 by enhancing the use of renewable energy resources conserving energy resources, improving energy efficiencies, and increasing domestic energy supplies. 147 Cong. Rec. S1586 (daily ed. Feb. 26, 2001). The bill would also increase fleet fuel economy, authorize states to regulate oil and gas leases on federal lands, and provide tax credits for marginal domestic oil and gas production. Moreover, the bill exempts coal-fired power plants from new source review under the CAA. Further, the bill would provide funding to the Low-Income Home Energy Assistance Program to mitigate the effect of increases in energy prices on the American consumer, including the poor and the elderly. In addition, the bill would allow for oil and petroleum drilling in the ANWR. The bill was referred to the Committee on Energy and Natural Resources. A related bill, S. 389, was introduced in the Senate this period.

  • S. 389 (Murkowski, R-Alaska) (energy resources; ANWR) would decrease America's dependency on foreign oil sources to 50% by the year 2011 by enhancing the use of renewable energy resources conserving energy resources, improving energy efficiencies, and increasing domestic energy supplies. 147 Cong. Rec. S1586 (daily ed. Feb. 26, 2001). The bill would also increase fleet fuel economy, authorize states to regulate oil and gas leases on federal lands, and provide tax credits for marginal domestic oil and gas production. Moreover, the bill exempts coal-fired power plants from new source review under the CAA. Further, the bill would provide funding to the Low-Income Home Energy Assistance Program to mitigate the effect of increases in energy prices on the American consumer, including the poor and the elderly. In addition, the bill would allow for oil and petroleum drilling in the ANWR. The bill was referred to the Committee on Energy and Natural Resources. A related bill, S. 388, was introduced in the Senate this period.

  • S. 411 (Lieberman, D-Conn.) (wilderness, ANWR) would designate a portion of the ANWR as wilderness. 147 Cong. Rec. S1699 (daily ed. Feb. 28, 2001). The bill was referred to the Committee on Environment and Public Works. A related bill, H.R. 770, was introduced in the House this period.

  • S. 419 (Torricelli, D-N.J.) (national parks) would authorize the Secretary of the Interior to study the suitability and feasibility of designating the Abel and Mary Nicholson House, Elsinboro Township, Salem County, New Jersey, as a unit of the National Park System. 147 Cong. Rec. S1699 (daily ed. Feb. 28, 2001). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 793, was introduced in the House this period.

  • S. 423 (Wyden, D-Or.) (Fort Clatsop National Memorial) would amend the Act entitled "An Act to provide for the establishment of Fort Clatsop National Memorial in the State of Oregon." 147 Cong. Rec. S1746 (daily ed. Mar. 1, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 425 (Allard, R-Colo.) (Rocky Flats National Wildlife Refuge) would establish the Rocky Flats National Wildlife Refuge in Colorado. 147 Cong. Rec. S1746 (daily ed. Mar. 1, 2001). The bill was referred to the Committee on Armed Services. A companion bill, H.R. 812, was introduced in the House this period.

  • S. 434 (Daschle, D-S.D.) (Native American lands) would provide equitable compensation to the Yankton Sioux Tribe of South Dakota and the Santee Sioux Tribe of Nebraska for the loss of value of certain lands. 147 Cong. Rec. S1747 (daily ed. Mar. 1, 2001). The bill was referred to the Committee on Indian Affairs.

  • S. 446 (Crapo, R-Idaho) (state sovereignty; water law) would preserve the authority of states over water within their boundaries by delegating to states the authority of Congress to regulate water. 147 Cong. Rec. S1747 (daily ed. Mar. 1, 2001). The bill was referred to the Committee on the Judiciary.

  • S. 447 (Crapo, 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. S1747 (daily ed. Mar. 1, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 723 (Barton, R-Tex.) (nuclear safety) would amend the Atomic Energy Act of 1954 to remove an exemption from civil penalties for nuclear safety violations by nonprofit institutions. 147 Cong. Rec. H411 (daily ed. Feb. 26, 2001). The bill was referred to the Committee on Energy and Commerce. 

  • H.R. 724 (Bass, R-N.H.) (energy conservation) would authorize appropriations to carry out part B of title I of the Energy Policy and Conservation Act, relating to the Strategic Petroleum Reserve. 147 Cong. Rec. H411 (daily ed. Feb. 26, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 743 (Duncan, R-Tenn.) (U.S. Forest Service fees) would eliminate the fees associated with Forest Service special use permits authorizing a church to use structures and improvements on National Forest System lands for religious or educational purposes. 147 Cong. Rec. H441 (daily ed. Feb. 27, 2001). The bill was referred to the Committee on Agriculture. 

  • H.R. 749 (Kelly, R-N.Y.) (regulatory reform) would amend chapter 35 of title 44, United States Code, popularly known as the Paperwork Reduction Act, to minimize the burden of federal paperwork demands upon small businesses, educational and nonprofit institutions, federal contractors, state and local governments, and other persons through the sponsorship and use of alternative information technologies. 147 Cong. Rec. H441 (daily ed. Feb. 27, 2001). The bill was referred to the Committees on Government Reform, and Small Business.

  • H.R. 770 (Markey, D-Mass.) (wilderness, ANWR) would preserve the Arctic coastal plain of the ANWR, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans. 147 Cong. Rec. H505 (daily ed. Feb. 28, 2001). The bill was referred to the Committee on Resources. A related bill, S. 411, was introduced in the Senate this period.

  • H.R. 793 (LoBiondo, R-N.J.) (national parks) would authorize the Secretary of the Interior to study the suitability and feasibility of designating the Abel and Mary Nicholson House located in Elsinboro Township, Salem County, New Jersey, as a unit of the National Park System. 147 Cong. Rec. H505 (daily ed. Feb. 28, 2001). The bill was referred to the Committee on Resources. A companion bill, S. 419, was introduced in the Senate this period.

  • H.R. 805 (Thornberry, R-Tex.) (oil and gas production) would amend the Internal Revenue Code of 1986 to enhance domestic oil and gas production. 147 Cong. Rec. H507 (daily ed. Feb. 28, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 812 (Udall, D-Colo.) (Rocky Flats National Wildlife Refuge) would establish the Rocky Flats National Wildlife Refuge in Colorado. 147 Cong. Rec. H621 (daily ed. Mar. 1, 2001). The bill was referred to the Committees on Resources, and Energy and Commerce. A companion bill, S. 425, was introduced in the Senate this period.

  • H.R. 834 (McInnis, R-Colo.) (national trails) would amend the National Trails System Act to clarify federal authority relating to land acquisition from willing sellers for the majority of the trails in the system. 147 Cong. Rec. H621 (daily ed. Mar. 1, 2001). The bill was referred to the Committee on Resources.

  • H.R. 842 (Reynolds, R-N.Y.) (land conveyance) would convey certain property at the Canandaigua Veterans Administration Medical Center in Canandaigua, New York, to the Canandaigua City School District. 147 Cong. Rec. H622 (daily ed. Mar. 1, 2001). The bill was referred to the Committee on Veterans' Affairs.

  • H.R. 845 (Rivers, D-Mich.) (solid waste; recycling) would amend the Solid Waste Disposal Act to require a refund value for certain beverage containers and to provide resources for state pollution prevention and recycling programs. 147 Cong. Rec. H623 (daily ed. Mar. 1, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 846 (Rivers, D-Mich.) (PCBs) would require the Administrator of EPA to prescribe a rule that prohibits the importation for disposal of PCBs at concentrations of 50 parts per million or greater. 147 Cong. Red. H623 (daily ed. Mar. 1, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 847 (Rivers, D-Mich.) (TSCA; PCBs) would amend TSCA to establish certain requirements regarding the approval of facilities for the disposal of PCBs. 147 Cong. Rec. H623 (daily ed. Mar. 1, 2001). The bill was referred to the Committee on Energy and Commerce.

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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


Submission of water quality, water quantity, and fisheries habitat information



  • ADEC requests that the public help identify lakes and streams that have been degraded because of unexplained fish kills, the loss of streambank vegetation, inadequate instream flow because of out of stream appropriations or which are polluted or at risk from pollution sources or damaged fisheries habitat. Information is requested by Mar. 15, and may be submitted to: Alaska Dept. of Environmental Conservation Div. of Air & Water Quality, Attn: Drew Grant 410 Willoughby Ave, Suite 303 Juneau, Alaska 99801; phone: (907) 465-5304, fax (907) 465-5274; email: Drew_Grant@envircon.state.ak.us 

Proposed Regulations-Air Quality



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red bar graphic ARIZONA


Dept. of Envtl. Quality


Final Regulations-Water Quality



  • Water Quality Management Planning-Final rules implement provisions of Section 208 of the federal CWA regarding development of regional water quality management plans (generally referred to as 208 plans) and responsibilities of regional water quality management planning agencies (generally the regional councils of government). Rules also require the regional water quality management planning agency to determine conformance of any new or expanding sewage treatment facility with the 208 plan. Rules became effective Jan. 2. See http://www.adeq.state.az.us/lead/oac/download/mgmtplan.pdf

  • Water Quality Protection Fees-Final rules revise fee schedules for all water quality permits and services, and set flat fees for the general permits established in the Unified Water Quality Permit rule. Rules effective Jan. 2. See http://www.adeq.state.az.us/lead/oac/download/feerule.pdf

  • Unified Water Quality Permits-Consolidates the existing Sewerage System rules into the Aquifer Protection Permit program, eliminating duplicate permits and streamlining processes; establishes Best Available Demonstrated Control Technology for sewage treatment facilities, including the requirement that new sewage treatment facilities treat wastewater so that it is pathogen free and meets the drinking water standard for nitrate. Establishes a new general permit framework, including 20 general permits for certain industrial, mining, and wetlands facilities; sewage collection systems; and other miscellaneous discharges. Establishes 22 general permits providing design, installation and O&M standards for conventional and alternative on-site wastewater treatment systems up to 24,000 gallons per day design flow. Rules effective Jan. 1. See http://www.adeq.state.az.us/lead/oac/download/apprule.pdf

  • Direct Use of Reclaimed Water-Simplifies the permitting process for reuse of reclaimed water thereby encouraging its use and conserving potable resources for human consumption and domestic purposes. Allows end users to qualify for a general permit that relies on management practices for the application and use of reclaimed water. Provides general permitting options for reclaimed water agents responsible for multiple end users and reclaimed water blending facilities. Provides individual reclaimed water permits for situations that do not qualify for a general permit. Provides best management practices for household reuse of gray water. Rules effective Jan. 16. See http://www.adeq.state.az.us/lead/oac/download/direct.pdf

  • Reclaimed Water Quality Standards-Establishes five classes of reclaimed water expressed as a combination of minimum treatment requirements and numeric reclaimed water quality criteria. Customizes each class of reclaimed water based on potential risk to human health. Prescribes lower water quality classes only in situations with increasingly greater restrictions to human access. Requires nitrogen management practices for classes of reclaimed water containing a total nitrogen concentration of 10 mg/l. (i.e., the drinking water standard and aquifer water quality standard). Rules effective Jan. 22. See http://www.adeq.state.az.us/lead/oac/download/stand.pdf

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



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red bar graphic ARKANSAS


Dept. of Environmental Quality


Proposed Regulations-Air Quality



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



Emergency Order-Open Burning



10-Year Strategic Plan



red bar graphic CALIFORNIA


Air Resources Board


Clean Air Plan: Strategies for a Healthy Future



Compliance Advisory 



Dept. of Toxic Substances Control


Permit Revocation



Proposed Regulations



Integrated Waste Management Board


Emergency Regulations



  • Board adopted emergency regulations for the transfer/processing of putrescible waste. Previous regulations provided that if an activity only receives material that has been separated for reuse prior to receipt, and the residual amount of solid waste in this material is less than 10% of the amount of separated for reuse material received by weight, it is not subject to the Board’s transfer/processing operation and facility regulations. The emergency regulations clarify that all "putrescible waste" received as separated for reuse material counts toward the "residual" amount. Activities that receive materials with a residual amount equal to or greater than 10% will be subject to the Board’s transfer/processing operation and facility regulations.

Proposed Regulations



  • The Board initiated a 45-day comment period to address revisions to the waste tire regulations. Assembly Bill (AB) 1843 (Brown, Statutes of 1989) established the waste tire program and required the IWMB to adopt emergency and final regulations for permitting of waste tire storage facilities. The California Integrated Waste Management Board (Board) adopted emergency regulations on June 26, 1991, and final regulations on August 25, 1993. On May 9, 1996, the Board’s Waste Tire Hauler Regulations became effective pursuant to Senate Bill (SB) 744 (1993 statutes). On January 29, 1998, the Board adopted emergency regulations to remove certain exclusions from the regulations regarding who needs to acquire a waste tire facility permit. These emergency regulations became final this past year. AB 117 (Escutia) was signed into law in 1998 requiring the Board to prepare a report to the legislature on the current waste tire program and to make recommendations by June 30, 1999, for needed changes. The Board adopted the final version of the report "California Waste Tire Program Evaluation and Recommendations" (Tire Report) at its June 22, 1999, meeting. Since the passage of AB 1843 (1989 statutes) and SB 744 (1993 statutes) the Board has been regulating the storage, disposal and hauling of waste tires. This last year SB 876 (Escutia) was passed by the Legislature to make changes to the tire management statutes in order to better serve the regulated community and to protect public health and safety and the environment. CIWMB staff has proposed changes in the existing regulations to implement, interpret and make specific the provisions of SB 876, as well as, implementing certain recommendations from the AB 117 Tire Report. 

  • The Board also discussed proposed regulations for compostable organic materials handling operations and facilities. The draft regulations would replace the term "composting" with the term "compostable organic materials handling," and simplify the the permitting tiers by eliminating both the Registration and the Standardized permits. These changes would accompany allowable volume increases for agricultural, green, and research composting operations within the EA Notification permit. Also in this proposal, the classification of feedstocks has been altered to include the elimination of the "Clean Green" classification, a revised "Green Material" classification and a new "Food/Green" classification. See http://www.ciwmb.ca.gov/Rulemaking/organics/default.htm

  • The Board will consider, at its Mar. 20-21 meeting, see http://www.ciwmb.ca.gov/Agendas/default.asp?
    Year=2001&Month=3&Comm=BRD&PageType=CommView
    , proposed regulations set permitting and operational standards for hazardous waste disposal facilities that accept for disposal certain nonhazardous, nonputrescible, industrial solid wastes within a hazardous waste management unit. OAL approved emergency regulations July 31, 2000. The emergency regulations became effective on October 1, 2000. OAL approved an extension through May 30, 2001. Board staff has initiated the process to adopt permanent regulations. The Board conducted a public workshop on January 17, 2001, to discuss the proposed permanent regulations. See http://www.ciwmb.ca.gov/Rulemaking/nonhaz/ 

Water Resources Control Board


March 7 Board Meeting Agenda



Emergency Regulations



Draft Revised Water Quality Enforcement Policy



Public Workshop-Effluent Dependent/Dominated Water Bodies



South Coast Air Quality Management District


Board Resolution-Energy Policy



  • The Board adopted a resolution urging the governor and state Legislature to implement several policies regarding power plants, including: requiring near-term installation of cost-effective air pollution control equipment at power plants in exchange for granting operational flexibility; allowing the use of an air pollution mitigation fee to cover nitrogen oxide emissions in excess of RECLAIM emission credit allocations; supporting expedited review of new plants through the California Environmental Quality Act process provided that adverse air quality impacts are properly mitigated; allowing the use of emergency standby generators for up to 500 hours per year by essential public service providers during actual or imminent blackouts if low-sulfur diesel fuel is used when reasonably available; supporting clean distributed electrical generation units provided they create a net air quality benefit; expediting the state licensing process for power plants that use best available control technology and are built on existing power plant sites; and supporting increased funding for energy efficiency and conservation programs to reduce the demand for electricity. See http://www.aqmd.gov/news1/Governing_Board/Bs2_16_01.htm#Energy_policies

AQMD Extends Operations Limit on Emergency Generators



Proposed Regulations-School Buses



  • Proposed Rule 1195-Clean On-Road School Buses. The measure is the eighth in a series aimed at shifting the region's fleets of transit buses, trash trucks, taxis and other vehicles from diesel-powered to lower-emission and alternative fuel models. Under the proposal, school districts and private school bus fleet operators of 15 or more school buses would be required to purchase an alternative fuel bus when adding to an existing fleet or forming a new one. Fleet operators would be exempt from the rule if funding is not available to cover the cost difference between a new diesel-powered and a new alternative fuel-powered bus. Operators also would be exempt until July 1, 2003 if their equipment yard is more than five miles from an alternative fuel station. Public hearing Apr. 20. See http://www.aqmd.gov/news1/Governing_Board/Bs2_16_01.htm#Rule_1195 and http://www.aqmd.gov/news1/Fleet_Rule_Home.htm

Final Regulations-Paint Spray Booths



Final Regulations-Emission Offsets



  • The Board adopted amended Rule 1303(b)(2), Emission Offsets, which will revalue all existing volatile organic compound Emission Reduction Credits to account for compounds no longer designated as ozone-forming by the U.S. EPA, including perchloroethylene, acetone and 1,1,1-trichloroethane. The measure will reduce the amount of existing Emission Reduction Credits by 5% to 10%. See http://www.aqmd.gov/hb/010238a.html

Proposed Regulations



  • Rules 3003–Applications; 3005-Permit Revisions; and Rule 3008-Potential to Emit Limitations: Proposed amendments to Rule 3003 extend the deadline to file Title V facility permit applications and proposed amendments to Rule 3005 correct SIP deficiencies. Proposed Rule 3008 establishes a new emissions limitation for specific sources based on the potential to emit and actual facility emissions. The adoption of the rule will reduce the number of facilities required to obtain a Title V Facility Permit, and compliance will be determined based on specific reporting and recordkeeping requirements. Will be considered by Board on Mar. 16. See http://www.aqmd.gov/hb/01022a.html

  • Rule 1425-Film Cleaning and Printing Operations: Proposed Rule 1425 will reduce air toxic emissions from motion picture film cleaning and printing operations. This proposed rule was developed to implement part of the Air Toxics Control Plan and the source specific measures as part of the adoption of Rule 1402. The proposed rule will also include federal NESHAP requirements. Will be considered by Board on Mar. 16. See http://www.aqmd.gov/hb/01022a.html

  • Rule 2011-Requirements for Monitoring, Reporting and Recordkeeping for Oxides of Sulfur (SOx)Emissions; and Rule 2012-Requirements for Monitoring, Reporting and Recordkeeping for Oxides of Nitrogen (NOx) Emissions: The proposed amendments provide facilities with an added option to use an electronic or computer data storage system, in lieu of a strip chart recorder, to comply with recordkeeping requirements. The proposed amendments will increase flexibility and enhance enforcement of Rules 2011 and 2012. Will be considered by Board on Mar. 16. See http://www.aqmd.gov/hb/01022a.html

  • 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

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red bar graphic COLORADO


Dept. of Public Health and Environment


Hazardous Waste Training Workshop



Air Quality Control Commission


Proposed Regulations



  • (Continued from Feb.) Proposed revisions to the Common Provisions Regulation regarding the adoption of provisions to include the use of any credible evidence in the determination of compliance with the applicable requirements of the regulatory program. The revisions are intended to address evidentiary issues only and are not intended to affect the stringency of the any underlying emission standards. In addition, the Commission will will consider a proposal to remove methyl acetate from the list of volatile organic compounds and to add it to the list of compounds having negligible photochemical reactivity. The proposal would incorporate by reference the U.S. EPA definition of Volatile Organic Compounds at 40 C.F.R. §51.100(s)(1), including the revision at 
    63 Fed. Reg. 17331 (Apr. 9, 1998), into the definition of Negligibly Reactive Volatile Organic Compounds. Hearing March 15. See http://www.cdphe.state.co.us/op/Com_Prov_ACE_MethActate_03_01.htm 

  • 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 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

  • Proposed Voluntary Emission Reduction Agreement (VERA) between the Air Pollution Control Division and the Craig Electrical Power Generating Station. Hearing April 19. See http://www.cdphe.state.co.us/op/Craig_VERA_0401.htm

Water Quality Control Commission


Proposed Regulations



Dept. of Pesticide Regulations


Annual Report Released



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red bar graphic CONNECTICUT


Dept. of Envtl. Protection


Report on Envtl. Compliance



Air Quality-Guidance Document



Final Regulations-General Permits



red bar graphic DELAWARE


Dept. of Nat. Resources and Envtl. Control


Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Dept. of Environmental Protection


Proposed Regulations-Solid Waste Management Facilities



  • DEP is proposing numerous changes to Chapter 62-701, F.A.C., regarding solid waste landfills, construction and demolition debris facilities, transfer stations, and materials recovery facilities. New definitions have been added;  changes have been made to the operator training requirements; revisions to the landfill construction requirements pertaining to the standards for geosynthetic components; changes to the groundwater monitoring requirements; consolidation and clarification of the gas system requirements for landfills; a new waste processing facilities section has been added; changes made to the financial assurance requirements regarding the filing date for updated closure cost estimates; and revisions to the general permit for construction and demolition debris facilities, as well as to forms for permit transfers and for estimation of closure cost estimates for financial assurance. Hearing Mar. 29.  

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-Irrigation Wells



  • Rule amendment will modify the circumstances in which Form No. 42.10-005 must be submitted. The amendment will effectively create an exemption from the requirement to submit the form for irrigation wells constructed on residential property of one acre or less.

  • Proposed amendments will remove several exemptions from environmental resource permitting, specifically for projects that had received some form of regulatory or governmental approval prior to Oct. 1, 1984. Those projects will now be required to obtain environmental resource permits. 

  • Proposed amendments will clarify scope of exemptions from environmental resource permitting for certain seawall construction or restoration activities. 

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

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



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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




  • 35 Ill. Adm. Code 217, Subpart T, Cement Kilns, and Amendments to 35
    Ill. Adm. Code 211 and 217. Adopted Mar. 1.


Final Regulations-Board Procedural Rules



Proposed Regulations




  • Proposed Amendments to 35 Ill. Adm. Code 217.Subpart V, Electrical Power Generation, On Feb. 15, the Board adopted a second notice opinion and order in this matter to amend the Board’s air pollution control regulations.



  • Proposed New 35 Ill. Adm. Code 217.Subpart U, NOX Control and Trading Program for Specified NOX Generating Units, Subpart X, Voluntary NOX Emissions Reduction Program, and Amendments to 35 Ill. Adm. Code 211. The Board adopted a second notice opinion and order in this matter to amend the Board’s air pollution control regulations.



  • UIC Update, U.S. EPA Amendments (July 1, 2000, through Dec. 31, 2000); In the Matter of: RCRA Subtitle C Update, U.S. EPA Amendments (July 1, 2000, through Dec. 31, 2000). The Board on its motion consolidated these dockets and adopted a proposal for public comment in these "identical-in-substance" rulemakings to amend the Board’s underground injection control and hazardous waste regulations.



  • In the Matter of: Amendments to Livestock Waste Regulations, 35 Ill. Adm. Code 506. The Board accepted for hearing the Department of Agriculture’s Jan. 22, 2001, proposal to amend the Board’s livestock waste regulations, granted the motion to waive the filing requirement of nine copies of documents incorporated by reference, and adopted a first notice opinion and order in this matter.


Informational Order-Peaker Power Plant Inquiry



Open Regulatory Dockets



Envtl. Protection Agency


Permit Application




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


Strategic Planning Process



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red bar graphic INDIANA


Dept. of Envtl. Management


Final Regulations-Solid Waste



  • Amends 329 IAC 3.1 to require two paper copies and an electronic report of ground water laboratory analytical data and field parameters. Amends 329 IAC 12-7 to allow some flexibility in when the accredited training course for solid waste facility operators must be taken and adjusting the length of time the recertification is valid. Amends 329 IAC 13 to clarify secondary containment for used oil containers and aboveground tanks.

Proposed Regulations-Water Quality



  • A draft rule regarding public notification requirements was published in the Feb.1, 2001, Indiana Register that included Summary/Response to Comments to First Comment Period, and the draft language. IDEM is extending the second comment period; additional public comments on the draft rule will be received by IDEM through Mar. 31.

  • IDEM is soliciting public comment on amendments to rules concerning concentrated animal feeding operations (CAFOs). The purpose of this rulemaking is to make any further needed changes to Indiana's confined feeding operation approval program rules to satisfy federal requirements. 

See http://www.ai.org/legislative/register/March-1-2001.html


Indiana Environment Online


red bar graphic IOWA


Dept. of Natural Resources-Envtl. Protection Commission


Proposed Regulations-Waivers/Variances




  • Proposed new Chapter 10, “Waivers or Variances from Administrative Rules,” Iowa Administrative Code. The proposed rules implement Iowa Code §17A.9A and Exec. Order No. 11, signed by Gov. Vilsack on September 14, 1999. Iowa Code §17A.9A and Exec. Order No.11 establish uniform procedures for granting waivers or variances from administrative rules. The other rulemaking agencies within the Department are or will be adopting this chapter by reference, through concurrent or subsequent rulemaking proceedings. Comments are due by Mar. 13. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010221.html


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 CWA. 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



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red bar graphic KENTUCKY


Dept. for Envtl. Protection, Division of Air Quality


Proposed Regulations



Permit Applications 



Dept. for Envtl. Protection, Division of Water


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



Draft TMDL



Permit Applications



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red bar graphic MAINE


Dept. of Envtl. Protection


Proposed Regulations-Air Quality




  • Proposal will require certain electric generating units, resource recovery units and major industrial sources to implement additional NOx controls beginning January 1, 2003. The control requirements include an emission rate limit of 0.15 lbs. per million Btu for electric generating units and resource recovery facilities, and an emission rate limit of 0.20 lbs. per million Btu for industrial sources. The proposal will allow electric generating units operating at less than 35% of their annual capacity factor to satisfy a limited portion of their control requirement through the use of discrete emission reduction credits. An electric generating unit that is controlling its on-site emissions to a level no greater than 0.20 pounds per million Btu and operating at less than 355 capacity factor may use discrete credits to meet the shortfall between the 0.20 pounds per million Btu on-site control limit and the 0.15 pounds per million Btu emission limit. Credits must be obtained from sources located within New England that are within 150 miles of the Maine border, and are to be discounted two to one (i.e., two credits must be purchased for every ton of on-site emissions). The proposal also includes monitoring, recordkeeping and reporting requirements. Comments due Mar. 28. See http://www.state.me.us/sos/cec/rcn/apa/notices/022801.htm


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 PCB ballast. See http://www.state.me.us/sos/cec/rcn/apa/notices/013101.htm


Final Regulations-Oil Terminals/Pipelines



Final Regulations-Air Quality


red bar graphic MARYLAND


Dept. of the Environment


Proposed Regulations-Air Quality




  • Proposed amendments to Regulation .01 and the adoption of new Regulation .25 under COMAR 26.11.03 Permits, Approvals, and Registration-Part 70 Permits, which appeared in 26:22 Md. R. 1712-1717 (October 22, 1999), have been withdrawn by operation of law.


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



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-Genetically Modified Organisms




  • The purpose of this action is to prohibit the use of genetically modified organisms, expand the list of naturally occurring prohibited materials, clarify the sources of seeds and transplants allowed for use in organic crop production and greenhouse operation, and specify the training and experience necessary for organic inspectors. These changes update Maryland's organic certification standards to be consistent with other certifiers, both public and private, and allow Maryland certified organic producers to continue to sell their products out-of-state. The proposed action clarifies the membership composition, terms, and responsibilities of the Maryland Organic Certification Advisory Committee. Comments accepted through Mar. 26. 


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red bar graphic MASSACHUSETTS


Dept. of Envtl. Protection


Proposed Regulations-Air Quality



Proposed Regulations-Hazardous Waste




  • Draft-Quality Assurance and Quality Control Requirements and Performance Standards for SW-846 Method 8260B.



  • Draft-Quality Assurance and Quality Control Requirements and Performance Standards for SW-846 Method 6010B.


See http://www.state.ma.us/dep/new.htm


Guidance-Wetlands



Guidance-Drinking Water Quality



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



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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 Workgroup Meeting



  • Work group meeting Mar. 16 will continue development of revisions to R 336.1801 to address the U.S. EPA's oxides of nitrogen State Implementation Plan requirements.  

Coastal Zone Management-Section 309 Assessment



  • Draft Assessment of Section 309, Coastal Program Enhancement, Federal Coastal Zone Management Act, prepared by the Michigan Coastal Management Program, Land and Water Management Division. 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 Comments due Mar. 16. 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



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red bar graphic MINNESOTA


Pollution Control Agency


Permit Applications, Other Notices


red bar graphic  MISSOURI


Dept. of Natural Resources


Final Regulations-Air Quality



Proposed Regulations-Air Quality



Emergency Regulations-Drinking Water



Proposed TMDLs



Water Pollution Control-Permit Applications



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red bar graphic MONTANA


Dept. of Envtl. Quality


Proposed Regulations-Air Quality



Proposed Regulations-Facility Siting



Proposed Regulations-Petroleum Tank Release Compensation Board



303 List-Impaired/Threatened Waterbodies



Stormwater General Permit



Public Comment Notices


red bar graphic NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-General


red bar graphic NEVADA


Division of Envtl. Protection


Final Guidance Documents



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red bar graphic NEW HAMPSHIRE


Dept. of Envtl. Services


Proposed Regulations-Water Quality




  • Proposed Administrative Rule: Env-Ws 386.47, Protection of the Purity of Lake Massabesic and its Tributaries. Public hearing Mar. 22; comments due Apr. 2. See http://www.des.state.nh.us/hearings.htm

red bar graphic NEW JERSEY


Dept. of Envtl. Protection


Smart Growth-Proposed Initiative




  • DEP is seeking comments on a 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, will be published in the New Jersey Register Feb. 20 and becomes effective Mar. 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)


red bar graphic NEW MEXICO


Water Quality Control Commission


Proposed Regulations-Liquid Waste Disposal



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red bar graphic NEW YORK


Dept. of Envtl. Conservation


ALJ Rulings



Environmental Notice Bulletin (Permit Applications)



Permit Applications


red bar graphic  NORTH CAROLINA


Environmental Management Commission


Dept. of Envt. and Natural Resources


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-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 OEPA 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 

Proposed Regulations-Sewage Systems



  • Senate Bill 198 abolished the governing statute for special sanitary districts, giving local health departments the responsibility to review sewage system installation applications formerly under the authority of O EPA. The bill became effective on September 22, 2000. Therefore, OEPA is proposing to rescind existing rules regarding its authority. OEPA would still have the authority to issue permits if the home sewage system would discharge wastes into surface waters of the state. Comments due Mar. 22. See http://www.epa.state.oh.us/pic/nr/2001/february/homesewg.html

OPEA Actions, Notices by County



Public Meetings



Pending Air Permits



Proposed Farm Operation



Proposed Consent Orders



  • Proposed order involving the city of Cleveland would require the city to properly operate and maintain the airport facility in compliance with Ohio's water pollution regulations. The city will be required to submit all currently available data on the releases of ammonia nitrogen and glycols to the storm water system from the historic use of deicing agents at the airport facility. In addition, the city will be required to submit a sampling and analysis plan to identify potential glycol and ammonia source areas within the airport facility; a sampling and analysis plan to identify areas previously impacted by deicing compounds; a feasibility study outlining alternatives to control glycol and ammonia in storm water discharges during the summer-time base-flow conditions; and a comprehensive feasibility study to address long-term alternatives to reduce the impacts of the storm water discharges. The city is also ordered to continue following the approved 1998 deicing management plan at the airport facility until a revised plan is approved and implemented. The city also would be required to pay a $295,000 civil penalty to O EPA, $95,000 of which is to be paid within 45 days of the order being finalized. In addition, OEPA will allow the city to complete an environmental project in lieu of the remaining $200,000 payment. Comments are due Mar. 28. See http://www.epa.state.oh.us/pic/nr/2001/february/clevehop.html

  • Proposed order involving the city of Akron would require the city to properly operate and maintain the Hardy Road landfill in addition to making improvements at the facility. The city also would be required to pay a $745,000 civil penalty to O EPA. Under the terms of the proposed order, OEPA would allow the city to complete an environmental project to receive a credit of up to $500,000 against the total penalty. Akron has proposed constructing a soil cap over solid waste that was open dumped on the closed Cuyahoga Street Landfill in Akron. However, if the city fails to complete the project, it will be required to pay $500,000 in cash to OEPA. The remaining $245,000 of the civil penalty is to be paid in cash within 45 days of the order being finalized, unless an additional environmental project is proposed by the city within 15 days and approved by OEPA within 30 days of the final order. Comments due Mar. 30. See http://www.epa.state.oh.us/pic/nr/2001/february/hardyrd.html 

red bar graphic OKLAHOMA


Dept. of Envtl. Quality


Draft Source Water Assessment and Protection Program Document



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red bar graphic OREGON


Dept. of Envtl. Quality


Proposed Regulations



  • The Environmental Quality Commission will consider, on Mar. 8, adoption of new rules that would declare chemical agent munitions and bulk items in Oregon to be a solid and hazardous waste, establish storage and management standards for chemical agent munitions and bulk items, and establish reporting limits and criteria for release/discharges of chemical agents.

  • The Commission will also take up adoption of a proposed rule that would repeal an Oregon Administrative Rule for the Tualatin Sub-basin Total Maximum Daily Load (TMDL) limits for phosphorus and ammonia. DEQ officials believe the existing rules for phosphorus and ammonia are redundant and covered under other authorities.

Proposed TMDL



Final Regulations-Stormwater Management



  • Final regulations provide that stormwater discharge permits will be required for construction activity in Oregon affecting more than one acre, effective Dec. 1, 2002. Currently, the permits are required for land disturbance activities affecting five acres or more. See http://www.deq.state.or.us/news/releases/139.htm

Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions


red bar graphic PENNSYLVANIA


Dept. of Envtl. Protection


NPDES Permit Applications



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 

red bar graphic RHODE ISLAND


Dept. of Envtl. Management


Temporary Regulation-Septic Systems



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red bar graphic SOUTH CAROLINA


Dept. of Health and Envtl. Control


Permit Application Notices


red bar graphic  TENNESSEE


Dept. of Environment and Conservation


Permit Hearings



Draft TMDL



Guidelines for the Land Application and Surface Disposal of Biosolids



Erosion and Sediment Control Handbook



Pending NPDES Permit Applications


red bar graphic  TEXAS


Natural Resource Conservation Commission


Water Quality-Draft Guidances



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


Permit Hearings



Public Hearings/Proposed Rules



Sunset Advisory Commission



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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 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


red bar graphic VERMONT


Dept. of Envtl. Conservation


Permit Applications



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red bar graphic VIRGINIA


Dept. of Envtl. Quality


Proposed Regulations-Water Quality



Proposed Regulations-Air Quality



Proposed Regulations-Water Quality/Financial Assurance



Public Meeting, Hearing Notices



Sustainable Future II Conference


red bar graphic  WASHINGTON


Dept. of Ecology


Semiannual Rule Agenda


red bar graphic WEST VIRGINIA


Dept. of Envtl. Protection


Public Notice Bulletin (Permit Applications, Proposed Regulations)



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red bar graphic 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. 

Public Hearing and Meeting Schedule



red bar graphic WYOMING


Dept. of Environmental Quality


Coal Bed Methane-Guidance Documents



Final Regulations-Air Quality



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


INTERNATIONAL

red bar graphic GENERAL



  • The London Times reported that it may soon be possible to utilize genetic markers to ascertain when elephants are killed for their tusks. Although the process remains in development, it would aid in enforcement of the Convention on International Trade in Endangered Species (CITES) ban on ivory sales.

  • Over 150 marine scientists, meeting at the American Association for the Advancement of Science annual meeting, called for the creation of fish protection zones in which fishing is banned. 

  • The United Nations Food and Agriculture Organization called for immediate action to protect fishing stocks. It noted that illegal, unreported or unregulated fishing makes up fully 30% of total catches in some fisheries. The also emphasized that among the major marine fish stock, approximately 50% are fully exploited and as much as 18% are overexploited and have no potential for further increase. 

  • The World Wildlife Fund issued a listing of the most threatened forested areas, namely the Southern Pacific Islands; Naga-Manapuri-Chin Hills in Southeast Asia; Solomons-Vanuatu-Bismarck moist forests in the southwest Pacific; Cameroon Highlands in West Africa; Gulf of Guinea mangroves in northwest Africa; Madagascar mangroves; Palawan moist forests in the Philippines; Philippines moist forests; southern Mexican dry forests; and East African mangroves. 

  • The Worldwatch Institute called attention to the increasing competition between "cars" and "crops," noting that "[t]here is not enough land in China, India, and other densely populated countries like Indonesia, Bangladesh, Pakistan, Iran, Egypt, and Mexico to support automobile-centered transportation systems and to feed their people. The competition between cars and crops for land is becoming a competition between the rich and the poor, between those who can afford automobiles and those who struggle to buy enough food." 

red bar graphic CLIMATE CHANGE



  • Wallace Broeker, a scientist writing in Science, claimed that the "evidence" for global warming is merely proof of a long-term natural warming trend not related to carbon dioxide emissions. He asserts that "[t]he post-1860 natural warming was the most recent in a series of similar warmings spaced at roughly 1500-year intervals throughout the present interglacial" period.


red bar graphic SOUTH AMERICA



  • Columbia's Ministry of Environment agreed to coordinate its activities with those of 34 autonomous corporations that are responsible for environmental compliance at local levels of government. 

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red bar graphic EUROPE



  • The European Commission began an action against Spain for alleged violation of the landfill waste legislation, 75/442/EEC, and against Austria for noncompliance with Directive 94/67/EC, Incineration of Hazardous Waste.

  • German Environment Minister Juergen Trittin announced that carbon dioxide emissions increased in 2000. See http://www.umweltbundesamt.de

  • A conservation group in the U.K. issued a report, "Biodiversity Counts: Delivering a Better Quality of Life," which urged adoption of measures to foster biodiversity. See http://www.rspb.co.uk

  • The European Commission, in a white paper entitled "Community Policy for Chemicals," called for utilization of the precautionary principle in significantly revising the EU laws and regulations on industrial chemicals. An expansive registration and evaluation process would be implemented.

  • The Institute for Sustainable Development, a Polish research group, reported that reductions in Polish greenhouse gas emissions were due to economic stagnation or recession, rather than pollution control efforts. 

  • The European Commission instigated action against 10 European Union members for purported noncompliance with Directive EEC/98/81, which deals with the utilization of genetically modified organisms in laboratories. 

  • The European Commission claimed that 11 European Union member nations had failed to comply with Directive 98/8/EC Concerning the Placing of Biocidal Products on the Market.


red bar graphic AUSTRALIA



  • Comments are due by Apr. 27 on proposed emission standards for diesel-fueled vehicles. See http://www.nepc.gov.au

red bar graphic CANADA



  • Environment Minister David Anderson urged that an air quality agreement between Canada and the United States be extended to apply to western North America. He met with U.S. EPA Administrator Christine Todd Whitman and U.S. DOI Administrator Gale Norton.

  • Comments are due by Apr. 18 on proposed standards governing at-sea disposal. See http://canada.gc.ca/gazette/part1/pdf/g1-13507.pdf

  • Environment Canada announced a 10-year plan, the Federal Agenda on Cleaner Vehicles, Engines, and Fuels. See http://canada.gc.ca/gazette/part1/pdf/g1-13507.pdf

  • Amendments proposed would eliminate duplicative toxicity notification and reporting requirements for certain pesticides, fertilizers, and feeds. Comments are due Apr. 2. See http://canada.gc.ca/gazette/part1/pdf/g1-13506.pdf