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Weekly Update Volume 31, Issue 8

03/19/2001

LITIGATION

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


red bar graphic  FREEDOM OF INFORMATION ACT (FOIA), INTRA-AGENCY COMMUNICATION, NATIVE AMERICANS, WATER RIGHTS:

The U.S. Supreme Court held that documents passing between Native American tribes and the DOI are not exempt from the disclosure requirements of FOIA as intra-agency communication that would normally be privileged in civil discovery. The documents at issue arose from two separate proceedings addressing Native American tribal interests subject to state and federal water allocation proceedings. In the first proceeding, the DOI, acting through the Bureau of Reclamation, asked Native American tribes to consult on a regional irrigation project. In the second proceeding, the DOI, acting through the Bureau of Indian Affairs, filed claims on behalf of one tribe in a state water rights adjudication. Subsequently, a water users association filed a series of FOIA requests seeking access to communications between the DOI and the tribes. The DOI submitted several documents but claimed others were covered under FOIA Exemption 5, 5 U.S.C. §552(b)(5), which exempts from disclosure inter- or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with another agency. To qualify for the exemption, a document must satisfy two conditions: its source must be a government agency, and it must fall within the ambit of a privilege against discovery under judicial standards for litigation. Although neither the terms of the exemption nor the statutory definitions say anything about communications with outsiders, some Courts of Appeal have held that in some circumstances a document prepared outside the government may qualify as an intra-agency memorandum under Exemption 5. Typically, courts taking this stance have held that the exemption extends to communication between government agencies and outside consultants hired by them, where the documents prepared by the consultants played the same part in the agency’s process of deliberation as documents prepared by agency personnel. In those cases, the consultant does not represent an interest of its own when it advises an agency. Conversely, the tribes necessarily communicate with the DOI with their own interests in mind. Moreover, the tribes are self advocates who, at the expense of others, seek benefits inadequate to satisfy everyone. In fact, all of the tribes' submissions to the DOI represent the tribes' interests and, thus, are adversarial to the water users association’s interests. As a result, the tribes' position as a DOI beneficiary is a far cry from the position of the paid consultant. In addition, there is no support in FOIA for the Court to read an "Indian trust" exemption into the statute. Justice Souter wrote the opinion for a unanimous Court. Department of the Interior v. Klamath Water Users Protective Ass’n, No. 99-1871 (U.S. Mar. 5, 2001) (14 pp.).

red bar graphic  CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT (COMPACT), ELEVENTH AMENDMENT, QUALIFIED IMMUNITY:

The Eighth Circuit affirmed in part and reversed in part a district court decision holding that certain beneficiaries to the Compact had a right to sue Nebraska for acts delaying the construction of the Compact's disposal facility and that the state of Nebraska could not assert Eleventh Amendment and qualified immunity defenses. Five states formed the Compact under the Low-Level Radioactive Waste Policy Act, created a Commission as the Compact's governing body, and chose a Nebraska site as the facility's location. After facility licensing was delayed. the Commission, radioactive waste generators, and the facility developer sued Nebraska and its employees alleging that the state's intentional delay in the facility's licensing violated the Compact's good faith provision and the parties' due process rights. The district court correctly held that Nebraska waived its Eleventh  Amendment immunity when it entered the Compact and submitted to suit in federal court by the Commission. Similarly, the Commission stated a claim for which relief can be granted because it has a right under the Compact to sue for the relief it seeks. However, the district court erred when it held that qualified immunity does not shield Nebraska and its employees from the generators' and the company's suit. The generators and the company seek to enforce the Compact's good faith provision, but the provision does not provide them with a federal statutory right because the provision only applies to the Compact's party states. In addition, in summarily denying the defense of qualified immunity, the district court failed to discuss the application of qualified immunity to the generators' and the company's constitutional due process claims. Therefore, the court remanded the issue of whether Nebraska's actions deprived the generators and the company of a constitutionally protected property interest without substantive due process. Entergy, Arkansas, Inc. v. Nebraska, Nos. 99-4263, -4265 (8th Cir. Mar. 8, 2001) (22 pp.).

red bar graphic  TOXIC TORTS, EXPERT TESTIMONY, PCBs:

The Sixth Circuit affirmed a district court decision excluding the testimony of individuals' two expert witnesses in a suit alleging that PCB contamination from a natural gas pumping station injured the individuals. Under Fed. R. Civ. P. 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc, 509 U.S. 579 (1993), the district court did not abuse its discretion when it excluded the expert testimony. The district court properly considered the lack of peer review and publication of one expert's study because such a factor was relevant to whether that expert's causation theory was based on good science. Further, the district court properly concluded that flaws in the methodology used by one expert failed to show that PCB exposure, and not other factors that have similar symptoms, caused the individuals' injuries. The record is replete with evidence of other factors or agents that could have caused the injuries, but the expert failed to examine if any of these factors caused the individuals' injuries. Therefore, his conclusion that PCB exposure caused the injuries has no factual basis. Likewise, the second expert's conclusion that PCB exposure caused the injuries was not based on scientific knowledge. The expert had no knowledge of the individuals' PCB exposure, and he failed to account for other factors that may have caused the injuries. In addition, the district court did not abuse its discretion by deciding the case without an evidentiary hearing and by failing to give the individuals an opportunity to cure the deficiencies in their expert testimony. Nelson v. Tennessee Gas Pipeline Co., No. 99-6618 (6th Cir. Mar. 9, 2001) (10 pp.).

red bar graphic  CWA, RESPONSIBLE CORPORATE OFFICER, U.S. SENTENCING GUIDELINES (U.S.S.G.):

The Fourth Circuit held that although the owner of a wastewater facility that discharged untreated wastewater to a river was properly convicted for violating CWA §309(c)(1)(A), a district court erred in reducing the fine initially imposed by a magistrate judge. Under the responsible corporate officer doctrine, the owner bore the necessary relationship to the wastewater facility so that it is appropriate to hold him criminally liable for failing to prevent the charged CWA violations. Evidence indicates that the owner substantially controlled corporate operations, knew of deficiencies in the facility's wastewater filtration system, and controlled the facility's finances, but refused to pay for additional filtration. Also, the owner was regularly present at the facility when the illegal discharges openly occurred. Moreover, the imposition of a three-year term of imprisonment for the violations did not violate the Eighth Amendment prohibition against cruel and unusual punishment. The district court, however, erred in concluding that CWA §309(c)(1) imposed a $25,000 maximum fine for each of the 12 counts against the owner. Although U.S.S.G. §5E1.2(c)(4)'s guideline language refers to the maximum fine authorized by the statute of conviction, which in this case would be the $25,000 limit in CWA §309(c)(1), U.S.S.G §5E1.2(c)(4) imposes no limit on the maximum fine when, as here, the statute of conviction authorizes a fine per day of violation. Rather, 18 U.S.C. §3571, which limits the fine to $100,000 per violation, applies. United States v. Hong, Nos. 00-4335 et al. (4th Cir. Mar. 8, 2001) (7 pp.).

red bar graphic  CWA, FIFRA, PESTICIDE APPLICATION, NPDES PERMIT:

The Ninth Circuit held that an herbicide's EPA-approved label under FIFRA did not eliminate an irrigation district's obligation to obtain an NPDES permit under the CWA before treating irrigation canals with the herbicide. Environmental groups brought suit against the district to enjoin it from applying the herbicide to irrigation canals after dead fish were found in a nearby creek around and downstream from a leaking canal waste gate. The herbicide's registration and labeling under FIFRA does not preclude the need for an NPDES permit under the CWA. The label's general rules for applying the herbicide must be observed under FIFRA, but where the herbicide will enter the waters of the United States, FIFRA provides no method for analyzing the local impact and regulating the discharge from a particular point source. EPA approves pesticides under FIFRA with the knowledge that pesticides containing pollutants may be discharged from point sources into navigable waters only pursuant to a properly issued CWA permit. An NPDES permit, therefore, provides the local monitoring that FIFRA does not and was necessary in this situation. The irrigation district's application of the herbicide into the irrigation canals qualified as a discharge of a pollutant into navigable waters. The canals are navigable waters because they exchange water with a number of natural streams and at least one lake, and divert water to streams and creeks. Therefore, an NPDES permit was necessary before application of the herbicide to the canals. Headwaters, Inc. v. Talent Irrigation District, No. 99-35373 (9th Cir. Mar. 12, 2001) (13 pp.).

red bar graphic  NPDES PERMIT, OCEAN POLLUTION REDUCTION ACT (OPRA), FINAL AGENCY ACTION:

The Ninth Circuit held that an EPA letter responding to a city's request for assistance as to whether OPRA's conditions would apply to the city's renewal of its CWA §301(h) modified permit for its publicly-owned wastewater treatment facility was not final agency action and, therefore, a district court lacked subject matter jurisdiction to review the case. Congress passed OPRA to allow the city to submit an application for a §301(h) modified permit after the deadline had passed, provided that certain conditions were met. The city obtained the permit and when renewal time came near, wrote to EPA asking whether the OPRA conditions would apply to the permit renewal. EPA responded in the affirmative and urged the city to apply for permit renewal on time, stating that EPA's decision was subject to administrative review. The city instead brought suit against EPA claiming that the OPRA conditions were only applicable to the original §301(h) permit application and that EPA's letter constituted final agency action. The letter, however, was not final agency action because it did not mark the consummation of the Agency's decisionmaking process. That process will not even begin until the city files its application for permit renewal. In fact, the Environmental Appeals Board's decision will constitute the consummation of the Agency's decisionmaking process. Additionally, the letter did not impose an obligation, deny a right, or fix some legal relationship. The letter was merely a response to the city's request for assistance. Therefore, because the letter was not final agency action, the district court lacked jurisdiction to review the case. San Diego v. Whitman, No. 00-56561 (9th Cir. Mar. 13, 2001) (8 pp.).

red bar graphic  Maine Underground Oil Storage Facilities and Ground Water Protection Act, Ground Water Oil Clean-up Fund, Reimbursement:

The Maine Supreme Court upheld the decision of the state Fund Insurance Review Board that a UST installer is ineligible for reimbursement from the state's Ground Water Oil Clean-up Fund for its costs of cleaning up gasoline contamination discovered in 1998 from a leaking UST because the contamination was from the same discharge that was discovered in 1987, three years prior to fund coverage eligibility under the Underground Oil Storage Facilities and Ground Water Protection Act. The installer argued that the 1998 discovery was separate and distinct from the 1987 discovery regardless of the fact that they both resulted from the same leak. The Board's interpretation of the statute, however, is entitled to deference. The Board is charged with administering the statute at issue, the Board has expertise in the field of contamination from USTs, and the statute is ambiguous as to whether discovery of additional contamination from a previously discovered gasoline discharge can result in fund coverage under the Act.  Moreover, there is no evidence to suggest that the 1998 discovery was of a discharge from any source other than the cracked tank that was removed in 1987. Thus, the spilling, leaking, or emitting that is the subject of this dispute occurred and was discovered in 1987, three years prior to fund coverage eligibility, and the Board's determination that the installer was ineligible for reimbursement was not clear error. Maritime Energy v. Fund Insurance Review Board, No. Wal-00-416 (Me. Mar. 5, 2001) (6 pp.).

red bar graphic  COMMERCE CLAUSE, STANDING, SOLID WASTE:

The Ninth Circuit affirmed a district court dismissal of a residential complex's claim that a city's municipal waste disposal ordinance violates the Commerce Clause. The ordinance requires all city businesses and residents to have their waste collected by the local waste utility and all waste to be deposited at the city's disposal area. The ordinance allows certain businesses to haul their own waste to the city disposal area. After the city refused the complex's petition to haul its own waste to a non-city disposal area, the complex brought this action claiming that the ordinance discriminates against interstate commerce. The complex, however, does not have standing to challenge the city's refusal to allow it to self-haul. Although a holding that the ordinance is unconstitutional would redress the complex's financial injury, the financial injury is unrelated to the purposes of the Commerce Clause. The self-haul prohibition imposes no barrier to interstate commerce because the complex would be forced to pay for garbage services it did not want even if the city were to dump all its garbage across the state line. The complex does have standing to challenge the ordinance's disposal requirements because its injury of not being allowed to take its trash outside the city is related to the Commerce Clause's underlying purposes. Nevertheless, the complex only alleges that the ordinance prevents them from dumping at other disposal sites within the state. Therefore, the complex's challenge does not implicate the Commerce Clause because the ordinance cannot be said to burden interstate commerce of the complex's trash. On the Green Apartments L.L.C. v. City of Tacoma, No. 98-35976 (9th Cir. Mar. 12, 2001) (9 pp.).

red bar graphic  OSHA SAFETY REGULATION, DE MINIMIS VIOLATION, PENALTY:

The Ninth Circuit held that the Occupational Safety and Health Review Commission did not exceed its authority in finding that a violation of an OSHA safety regulation was de minimis and, therefore, not assessing a penalty. The Secretary of Labor argued that after she issues a citation and a violation of a safety standard is shown, the Commission lacks the authority to deem a violation de minimis and enter no sanction. The OSH Act, however, authorizes the commission to affirm, modify, or vacate the Secretary's citation or proposed penalty, or direct other appropriate relief. Designating a violation of the safety regulations as de minimis falls within these statutory prerogatives. Additionally, accepting the Secretary's interpretation of the Act would mean that once she issues a citation for a violation of a safety standard and the violation is established, the Commission would have no authority to hold that the violation was so negligible or harmless that remediation would be unnecessary. That would be an unreasonable reading of the statute. Chao v. Symms Fruit Ranch, Inc. No. 98-71513 (9th Cir. Mar. 9, 2001) (8 pp.).

red bar graphic  ASBESTOS, JURY INSTRUCTIONS, CONSTRUCTIVE AMENDMENT:

The Ninth Circuit reversed and remanded the convictions of two individuals charged with improperly removing asbestos-containing materials from a hotel and casino in Las Vegas, Nevada. The district court committed plain error when it constructively amended the indictment by instructing the jury on a work practice standard that the individuals were not charged with violating. Moreover, the individuals were prejudiced by the constructive amendment. The court, therefore, reversed and remanded the convictions even though the individuals failed to object to the erroneous instructions at trial. United States v. Dipentino, Nos. 98-10449 et al. (9th Cir. Mar. 13, 2001) (8 pp.).

red bar graphic  ESA, "TAKE," PRELIMINARY INJUNCTION, JURISDICTION:

The Eleventh Circuit affirmed a district court decision denying two motions filed by an environmental group to preliminarily enjoin the Florida Department of Transportation from dredging and filling land under a U.S. Army Corps of Engineers permit in order to construct a highway. The group filed its appeal of the district court order denying the first motion well beyond the 60-day period in which notices of appeal must be filed. Therefore, the court lacks jurisdiction to review the group's appeal of the denial of the first motion. In addition, based on the record before it, the district court did not abuse its discretion in denying the group's second motion. Although the group contends that the highway project was taking or was reasonably likely to take two endangered species in violation of the ESA, the group failed to demonstrate that the highway represents a reasonably certain threat of imminent harm to the species. Contrary to the group's assertions, the district court could properly conclude from the record that the possibility of mortality due to highway traffic, human-associated predators, and poisoning is simply too remote to warrant a preliminary injunction. Sierra Club v. U.S. Army Corps of Engineers, No. 00-10190 (11th Cir. Feb. 22, 2001) (6 pp.).

red bar graphic  FEDERAL TORT CLAIMS ACT (FTCA), DISCRETIONARY FUNCTION EXCEPTION, CAUSE OF ACTION:

The Ninth Circuit reversed a district court decision that descendants of an individual Native American fatally injured on a logging site on a Native American reservation in Montana failed to state a cause of action under state law against the United States and that the FTCA's discretionary function exception barred the suit. The Bureau of Indian Affairs (BIA) has responsibility for the reservation's forest management, and it authorized the timber contract at issue. After the individual died, his descendants sued the BIA for negligence in authorizing the contract, failing to inspect and manage the site, failing to ensure proper safety measures, and failing to ensure that the logging company provided workers' compensation insurance. The BIA's decision to authorize the contract was an exercise of mandated discretion and involved policy considerations regarding reservation logging. Therefore, the FTCA's discretionary function exception barred this claim. Similarly, the Federal Acquisition Regulation requiring adequate workers' compensation insurance does not apply because the BIA neither purchased nor received services from or for the use of the federal government. However, the discretionary function exception does not bar the descendants' claims of negligence for failure to inspect and ensure proper safety measures at the site. In the timber contract, the BIA required the company to comply with prescribed safety practices, and it retained the right to suspend the contract if the conditions were not met. Once the government undertakes the responsibility for a project's safety, the execution of that responsibility is not subject to the discretionary function exception. In addition, the company's use of an untrained employee in a logging operation in a high wind area was an inherently dangerous activity that, under state law, imposed a nondelegable duty on the BIA to ensure adequate safety measures at the site. Further, state law recognizes a fiduciary duty between the BIA and the reservation, and this duty requires that the BIA act in the best interests of the reservation and its members. Here, the BIA, with its pervasive and comprehensive control over the reservation's timber operations, had a duty to ensure that basic safety practices were communicated and used at the site. Therefore, the descendants had two state-law causes of action against the United States. Marlys Bear Medicine v. United States, No. 99-35665 (9th Cir. Mar. 7, 2001) (13 pp.).

red bar graphic  CAA, HAZARDOUS AIR POLLUTANTS (HAPs), CEMENT MANUFACTURING:

The D.C. Circuit amended an opinion that affirmed in part and remanded in part EPA's HAP emission regulations for cement manufacturing. The amended opinion removed the argument that the CAA §112(d)(2)(A) requirement that EPA consider pollution-reducing measures when it sets the maximum degree of achievable emission reduction reinforces the court's conclusion that CAA §112(d)(1) requires EPA to set emission levels for all HAPs, even those HAPs that are not controlled with technology. National Lime Ass'n v. Environmental Protection Agency, No. 99-1325 (D.C. Cir. Mar. 2, 2001) (18 pp.).

red bar graphic  WATER RIGHTS, MIGRATORY BIRD CONSERVATION ACT (MBCA), WILDLIFE REFUGES:

The Idaho Supreme Court affirmed a state district court decision denying the federal government's claim for reserved water rights in connection with approximately 94 islands distributed along the Snake River within the Deer Flat National Wildlife Refuge. In order to determine if there is a federal reserved water right, there has to be a reservation of land, an act of Congress containing an express reservation of water, and if no express reservation, an implied reservation. There is no dispute that the United States reserved islands within the Snake River as part of two wildlife refuges and that the federal government did not expressly reserve water when it reserved the islands. Moreover, the circumstances and the legislative purposes of the reservations do not support the government's claim for a federal implied water right. The principle purpose of the reservations was the creation of sanctuaries to protect migratory birds from hunters and trappers so that they would not become extinct, and this purpose will not be defeated without a reserved water right. Similarly, the MBCA's secondary purpose of using the islands to provide isolation for migratory birds does not support an implied federal water right. Reclamation projects created the islands at issue, and the island nature of the reservations was always secondary to and will not trump the primary purposes of reclamation. United States v. State, No. 25546 (Idaho Feb. 22, 2001) (17 pp.).

red bar graphic  CWA, STANDING, PERMITS:

The Virginia Supreme Court held that Native American tribes and environmental groups have standing to challenge a state permit issued for a proposed public water supply project in Virginia. The project involved the discharge of dredged or fill material. Thus, a permit from the U.S. Army Corps of Engineers is required. Under §401, however, the Corps cannot issue a CWA §404 permit until after the state issues a permit. The tribes and groups sought to challenge the state permit, but because the permitting authority for the project ultimately belongs with the Corps, the lower state courts held that the tribes and groups lacked standing. Contrary to the lower courts' opinions, however, the groups and tribes meet the causation prong of the standing criteria. The injuries alleged are fairly traceable to the state's decision to issue the permit and are not the result of the independent action of the Corps, a third party not before the state courts. Although the state permit is a condition precedent to the issuance of a federal permit, it has its own existence, is separate from the federal permit, and can cause injury. Moreover, no federal court can review the state permit. On remand, the court must address the merits of the tribes' and groups' claims. Mattaponi Indian Tribe v. Commonwealth, No. 0000509 (Va. Mar. 2, 2001) (8 pp.).

red bar graphic  CWA, RES JUDICATA, PRIVITY:

The Virginia Supreme Court affirmed a trial court holding that the doctrine of res judicata barred a state environmental agency's enforcement action against a food processor for violating its state pollution elimination system permit. After the state agency imposed more stringent limitations on phosphate discharges than required by the CWA, the processor challenged the incorporation of the limits into its discharge permit. The state agency and the processor then negotiated an administrative order authorizing the processor to discharge phosphorous in excess of its permit limitation for a period of time. EPA then notified the state agency that it intended to file suit against the processor for violating its state permit. The state agency declined to join EPA's suit and instead filed suit in state court to enforce violations of the administrative order. Subsequently, the Fourth Circuit Court of Appeals held in United States v Smithfield Foods, Inc., 191 F.3d 516, 30 ELR 20076 (4th Cir. 1999), that the order was not binding on EPA. The processor then sought to bar the state agency's enforcement action based on res judicata. The only element of res judicata at issue is privity, and privity exists in this case. Under the CWA, EPA approved the state's discharge elimination system program, and the state permit issued under the program is equivalent to an EPA NPDES permit. By qualifying the state's program under the CWA, the state agency and EPA determined that their interests in protecting the state's waters would be protected by the state agency pursuant to this joint program. Thus, the state agency and EPA share an identity of interest in the permit issued to the processor such that the state agency's legal right was represented by EPA in the federal action. State Water Control Board v. Smithfield Foods, Inc., No. 000736 (Va. Mar. 2, 2001) (12 pp.).


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

THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register.

red bar graphic  AIR:



  • EPA proposed to amend the emission standards for sterilization facilities by eliminating maximum achievable control technology requirements for chamber exhaust vents. 66 FR 13464 (3/6/01). 

  • EPA amended its regulations on import and production ozone depleting substances by providing a de minimis exemption for laboratory and analytical essential uses for calendar year 2001. 66 FR 14759 (3/13/01). 

  • EPA approved the maintenance plan and request for redesignation from nonattainment to attainment for three Washington areas in the Puget Sound region that are currently designated nonattainment for suspended particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers. 66 FR 14492 (3/13/01).

  • EPA granted the Puget Sound, Washington, Clean Air Agency the authority to implement and enforce its perchloroethylene dry cleaners regulation in place of the federal dry cleaning NESHAP for area sources under Puget Sound Clean Air's jurisdiction. 66 FR 14320 (3/12/01).

  • EPA updated its delegation of authority to Colorado for implementation and enforcement of the federal new source performance standards (NSPS) as in effect on July 1, 1996, and for the NSPS for hospital/medical/infectious waste incinerators for which construction is commenced after June 20, 1996. 66 FR 13438 (3/6/01).  

red bar graphic  ENDANGERED SPECIES:



  • FWS proposed to reintroduce whooping cranes into historic habitat in the eastern United States with the intent to establish a migratory flock that would summer and breed in Wisconsin and winter in wet-central Florida. 66 FR 14107 (3/9/01). 

  • FWS announced the availability of an interim strategy on ESA §7 consultations for watercraft access projects in Florida that may indirectly affect the West Indian manatee. 66 FR 14924 (3/14/01).

red bar graphic  HAZARDOUS AND SOLID WASTE: 



  • EPA proposed to enter into a settlement agreement under CERCLA §122 in connection with the Metalex Superfund site in Lexington, S.C. 66 FR 13738 (3/7/01). 

  • EPA proposed to enter into a prospective purchaser agreement under CERCLA in connection with a portion of the Reeves Southeastern Superfund site in Tampa, Fla. 66 FR 13739 (3/7/01). 

  • EPA entered into a proposed prospective purchaser agreement under CERCLA in connection with a portion of the Master Metals, Inc., Superfund site in Cleveland, Ohio. 66 FR 13925 (3/8/01). 

  • EPA proposed to renew the current case-by-case extension of the land disposal restrictions for hazardous wastes generated at the Astaris Idaho LLC facility in Pocatello, Idaho. 66 FR 15243 (3/16/01).

  • EPA withdrew its January 17, 2001 (66 Fed. Reg. 4021), notice describing draft plans for providing additional access to information about the potential off-site consequences of accidental chemical releases from industrial facilities. 66 FR 15254 (3/16/01).

red bar graphic  SMCRA PROGRAM APPROVALS


red bar graphic  WATER QUALITY:



  • EPA announced the availability of the Stressor Identification Guidance Document, which was designed to assist water quality managers in identifying unknown causes of biological impairments in any type of water body. 66 FR 13738 (3/7/01). 

  • EPA Region 4 announced the final modification of the NPDES general permit for the outer continental shelf of the Gulf of Mexico for discharges in the offshore subcategory of the oil and gas extraction point source category. 66 FR 14987 (3/14/01). 

red bar graphic  DOJ NOTICES OF SETTLEMENTS: 



  • U.S. v. Chevron, No. 01-00117 HG/KSC (D. Haw. Feb. 19, 2001) (a settling CAA defendant, in connection with the defendant's two bulk gas terminals on the islands of Hawaii and Maui, Haw., and a refinery on the island of Oahu, must pay a $650,000 civil penalty, must undertake a supplemental environmental project of at least $150,000 at its Port Allen bulk gas terminal on the island of Kauai, and must undertake injunctive work at its Kahului bulk gas terminal on the island of Maui), 66 FR 13782 (3/7/01);

  • U.S. v. Johnson, No. 01-CV-005 (D. Wyo. Jan. 5, 2001) (a settling CERCLA defendant must pay $5,000 in past U.S. response costs incurred at the R.J. Refinery site in La Barge, Wyo.), 66 FR 13782 (3/7/01);

  • U.S. v. City of Arkansas City, Kansas, No. 01-1056-JTM (D. Kan. Feb. 22, 2001) (settling CERCLA defendants must reimburse the United States for past costs incurred at the Strother Field site in Cowley County, Kan., and must implement injunctive relief related to contaminated soil at the site), 66 FR 13965 (3/8/01);

  • U.S. v. J.L. Land Development, Inc., No. 8:00-cv-329-T-EAJ (M.D. Fla. Feb. 15, 2001) (a settling CWA defendant that discharged without authorization dredged or fill material into 7.26 acres of wetlands during peat mining activities and the construction of a golf course in Davenport, Fla., must pay a $100,000 civil penalty, must restore 2.59 acres of wetlands impacted by peat mining activities, and must perform mitigation by restoring hydrology to 180.67 acres of forested wetlands that were previously artificially, though lawfully, drained; the defendant will receive a nationwide permit 32 allowing 0.5 acres of fill to remain in wetlands associated with golf course construction), 66 FR 13966 (3/8/01);

  • In re Beloit Corp., No. 99-2177 (Bnkr. Ct. Del. Mar. 5, 2001) (a settling CERCLA defendant must give EPA, a general unsecured creditor, an allowed claim in the amount of $280,000 in reimbursement of response costs incurred in connection with the O'Brien Machinery site in Downington, Pa.), 66 FR 14595 (3/13/01).

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

THE CONGRESS

red bar graphic  CHAMBER ACTION



  • S.J. Res. 6 (ergonomics),  which would provide for congressional disapproval of the ergonomics rule submitted by the Department of Labor under chapter 8 of title 5, United States Code, was passed by the Senate, 147 Cong. Rec. S1831 (daily ed. Mar. 5, 2001), and the House. 147 Cong. Rec. H684 (daily ed. Mar. 6, 2001).

  • H.R. 223 (land transfer), which would amend the Clear Creek County, Colorado, Public Lands Transfer Act of 1993 to provide additional time for Clear Creek County to dispose of certain lands transferred to the county under the Act, was passed by the House. 147 Cong. Rec. H851 (daily ed. Mar. 13, 2001). 

  • H.R. 834 (national trails), which 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, was passed by the House. 147 Cong. Rec. H845 (daily ed. Mar. 13, 2001). 

  • H.R. 880 (land acquisition; wildlife), which would provide for the acquisition of property in Washington County, Utah, for implementation of a desert tortoise habitat conservation plan, was passed by the House. 147 Cong. Rec. H847 (daily ed. Mar. 13, 2001).  

red bar graphic  COMMITTEE ACTION



  • S. 350 (CERCLA, brownfields) was reported by the Senate Committee on Environment and Public Works. S. Rep. No. 2, 147 Cong. Rec. S2162 (daily ed. Mar. 12, 2001). The bill would amend CERCLA to promote the cleanup and reuse of brownfields. The bill would also provide financial assistance for brownfields revitalization and would enhance state response programs. 

red bar graphic  BILLS INTRODUCED




  • S. 454 (Bingaman, D-N.M.) (BLM) would provide permanent funding for the BLM Payment in Lieu of Taxes program. 147 Cong. Rec. S1817 (daily ed. Mar. 5, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 472 (Domenici, R-N.M.) (nuclear energy) would ensure that nuclear energy continues to contribute to the supply of electricity in the United States. 147 Cong. Rec. S1971 (daily ed. Mar. 7, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 491 (Campbell, R-Colo.) (water resources) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of the Denver Water Reuse project. 147 Cong. Rec. S2070 (daily ed. Mar. 8, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 503 (Reid, D-Nev.) (Safe Water Act) would amend the Safe Water Act to provide grants to small public drinking water system. 147 Cong. Rec. S2117 (daily ed. Mar. 9, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 506 (Murkowski, R-Alaska) (land exchange) would amend the Alaska Native Claims Settlement Act to provide for a land exchange between the Secretary of Agriculture and the Huna Totem Corporation. 147 Cong. Rec. S2117 (daily ed. Mar. 9, 2001). The bill was referred to the Committee on Energy and Natural Resources. 

  • S. 509 (Murkowski, R-Alaska) (Kenai Mountains-Turnagain Arm National Heritage Area) would establish the Kenai Mountains-Turnagain Arm National Heritage Area in Alaska. 147 Cong. Rec. S2117 (daily ed. Mar. 9, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 513 (Dodd, D-Conn.) (Wild and Scenic Rivers) would amend the Wild and Scenic Rivers Act by designating a segment of the Eightmile River in Connecticut for potential addition to the National Wild and Scenic Rivers System. 147 Cong. Rec. S2162 (daily ed. Mar. 12, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 530 (Grassley, R-Iowa) (wind electricity) would amend the Internal Revenue Code of 1986 to provide a 5-year extension of the credit for producing electricity from wind. 147 Cong. Rec. S2306 (daily ed. Mar. 14, 2001). The bill was referred to the Committee on Finance. 

  • S. 531 (Lincoln, D-Ark.) (federal lakes) would promote recreation on federal lakes and would require federal agencies responsible for managing federal lakes to pursue strategies for enhancing recreational experiences of the public. 147 Cong. Rec. S2306 (daily ed. mar. 14, 2001). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 1013, was introduced in the House this period.

  • S. 532 (Dorgan, D-N.D.) (FIFRA) would amend FIFRA to permit a state to register a Canadian pesticide for distribution and use within that state. 147 Cong. Rec. S2306 (daily ed. Mar. 14, 2001). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry. A companion bill, H.R. 1084, was introduced in the House this period.

  • S. 533 (Durbin, D-Ill.) (Native American lands) would provide for the equitable settlement of certain Native American land disputes regarding land in Illinois. 146 Cong. Rec. S2306 (daily ed. Mar. 14, 2001). The bill was referred to the Committee on Indian Affairs. 

  • S. 534 (Campbell, R-Colo.) (agriculture) would establish a federal interagency task force for the purpose of coordinating actions to prevent the outbreak of bovine spongiform encephalopathy (commonly known as mad cow disease) and foot-and-mouth disease in the United States. 147 Cong. Rec. S2306 (daily ed. Mar. 14, 2001). The bill was referred to the Committee on Governmental Affairs. 

  • S. 537 (Torricelli, D-N.J.) (dredged materials) would direct the Secretary of Transportation to require the use of dredged material in the construction of federally funded transportation projects. 146 Cong. Rec. S2306 (daily ed. Mar. 14, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 552 (Graham, D-Fla.) (electric utilities) would provide that no electric utility shall be required to enter into a new contract or obligation to purchase or to sell electricity or capacity under Public Utility Regulatory Policies Act §210. 147 Cong. Rec. S2388 (daily ed. Mar. 15, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 556 (Jeffords, R-Vt.) (CAA; electric powerplants) would amend the CAA to reduce emissions from electric powerplants. 147 Cong. Rec. S2388 (daily ed. Mar. 15, 2001). The bill was referred to the Committee on Environment and Public Works.

  • H.R. 883 (Young, R-Alaska) (public lands) would preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and would preserve state sovereignty and private property rights in non-federal lands surrounding those public lands and acquired lands. 147 Cong. Rec. H648 (daily ed. Mar. 6, 2001). The bill was referred to the Committee on Resources.

  • H.R. 892 (Pitts, R-Pa.) (agriculture; taxes) would amend the Internal Revenue Code of 1986 to exclude from gross income gain on the sale or exchange of certain farmland the use of which is restricted in perpetuity to use as farmland. 147 Cong. Rec. H649 (daily ed. Mar. 6, 2001). The bill was referred to the Committee on Ways and Means.

  • H.R. 893 (Pitts, R-Pa.) (agriculture, taxes) would amend the Internal Revenue Code of 1986 to exclude from estate taxes the value of certain farmland the use of which is restricted in perpetuity to use as farmland. 147 Cong. Rec. H649 (daily ed. Mar. 6, 2001). The bill was referred to the Committee on Ways and Means. 

  • H.R. 896 (Saxton, R-N.J.) (Brigantine Wilderness Area) would ensure the safety of recreational fishermen and other persons who use motor vehicles to access beaches adjacent to the Brigantine Wilderness Area in the Edwin B. Forsythe National Wildlife Refuge, New Jersey, by providing a narrow transition zone above the mean high tide line where motor vehicles can be safely driven and parked. 147 Cong. Rec. H649 (daily ed. Mar. 6, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 897 (Saxton, R-N.J.) (CZMA) would reauthorize the CZMA. 147 Cong. Rec. H649 (daily ed. Mar. , 2001). The bill was referred to the Committees on Resources, and Transportation and Infrastructure.

  • H.R. 908 (Capps, D-Cal.) (U.S. Forest Service recreation fees) would terminate the participation of the Forest Service in the Recreational Fee Demonstration Program and would offset the revenues lost by such termination by prohibiting the use of appropriated funds to finance engineering support for sales of timber from National Forest System lands. 147 Cong. Rec. H739 (daily ed. Mar. 7, 2001). The bill was referred to the Committees on Agriculture, and Resources.

  • H.R. 937 (Pombo, R-Cal.) (water sources) would prohibit the use of federal funds for any program that restricts the use of any privately owned water source. 147 Cong. Rec. H825 (daily ed. mar. 3, 2001). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 944 (DeGette, D-Colo.) (wilderness) would designate certain lands in Colorado as components of the National Wilderness Preservation System. 147 Cong. Rec. H826 (daily ed. Mar. 8, 2001). The bill was referred to the Committee on Resources.

  • H.R. 962 (Maloney, D-N.Y.) (oil and gas royalties; Mineral Leasing Act) would amend the Mineral Leasing Act to make available for the low-income home energy assistance program 5% of moneys received by the United States from onshore federal oil and gas development. 147 Cong. Rec. H827 (daily ed. Mar. 8, 2001). The bill was referred to the Committees on Resources, Education and the Workforce, and Energy and Commerce.

  • H.R. 971 (Walden, R-Or.) (electric energy) would require that payment be guaranteed whenever any supplier of electric energy is required to sell electric energy to a purchaser under the emergency authority of Federal Power Act §202(c). 147 Cong. Rec. H827 (daily ed. Mar. 8, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 979 (Hunter, R-Cal.) (electric power plants) would authorize the President and the governor of a state to suspend certain environmental and siting requirements applicable to fossil fuel fired electric power plants to alleviate an electric power shortage that may present a threat to public health and safety. 147 Cong. Rec. H875 (daily ed. Mar. 13, 2001). The bill was referred to the Committees on Energy and Commerce, Resources, and Transportation and Infrastructure.

  • H.R. 980 (Wamp, R-Tenn.) (Moccasin Bend National Historic Site) would establish the Moccasin Bend National Historic Site in Tennessee as a unit of the National Park System. 147 Cong. Rec. H875 (daily ed. Mar. 13, 2001). The bill was referred to the Committee on Resources.  

  • H.R. 983 (Bono, R-Cal.) (landfill gas facilities) would require the Secretary of Energy to assign the same priority to providing renewable energy production incentive payments for landfill gas facilities as the priority assigned to providing such payments for other biomass facilities. 147 Cong. Rec. H875 (daily ed. Mar. 13, 2001). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 987 (Chambliss, R-Ga.) (Okefenokee National Wildlife Refuge) would transfer management of the Banks Lake Unit of the Okefenokee National Wildlife Refuge. 146 Cong. Rec. H875 (daily ed. Mar. 13, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1000 (Portman, R-Ohio) (William Howard Taft National Historic Site) would adjust the boundary of the William Howard Taft National Historic Site in Ohio, to authorize an exchange of land in connection with the historic site. 147 Cong. Rec. H876 (daily ed. Mar. 13, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1002 (Ros-Lehtinen, R-Fla.) (Biscayne National Park) would direct the Secretary of the Interior to make certain adjustments to the boundaries of Biscayne National Park in Florida. 146 Cong. Rec. H876 (daily ed. Mar. 13, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1010 (Udall, D-N.M.) (heating oil) would provide emergency relief to small businesses affected by significant increases in the prices of heating oil, natural gas, propane, and kerosene. 147 Cong. Rec. H876 (daily ed. Mar. 13, 2001). The bill was referred to the Committees on Small Business, and Agriculture.

  • H.R. 1013 (Deal, R-Ga.) (federal lakes) would promote recreation on federal lakes and would require federal agencies responsible for managing federal lakes to pursue strategies for enhancing recreational experiences of the public. 146 Cong. Rec. H927 (daily ed. Mar. 14, 2001). The bill was referred to the Committees on Resources, Transportation and Infrastructure, and Agriculture. A companion bill, S. 531, was introduced in the Senate this period.

  • H.R. 1032 (Stupak, D-Mich.) (oil and gas drilling; Great Lakes) would prohibit oil and gas drilling in the Great Lakes. 147 Cong. Rec. H928 (daily ed. Mar. 14, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1045 (Wilson, R-N.M.) (energy costs) would lower energy costs to consumers, increase electric system reliability, and provide environmental improvements, through the rapid deployment of distributed energy resources. 147 Cong. Rec. H953 (daily ed. Mar. 15, 2001). The bill was referred to the Committees on Energy and Commerce, Ways and Means, and Science.

  • H.R. 1066 (Capps, D-Cal.) (Outer Continental Shelf; oil and gas drilling) would amend the Outer Continental Shelf Lands Act to direct the Secretary of the Interior to cease mineral leasing activity on submerged land of the Outer Continental Shelf that is adjacent to a coastal state that has declared a moratorium on such activity. 147 Cong. Rec. H954 (daily ed. Mar. 15, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1070 (Ehlers, R-Mich.) (CWA) would amend the CWA to authorize the Administrator of EPA to make grants for remediation of sediment contamination in areas of concern and to authorize assistance for research and development of innovative technologies for such purposes. 147 Cong. Rec. H954 (daily ed. Mar. 15, 2001). The bill was referred to the Committees on Transportation and Infrastructure, and Science.

  • H.R. 1084 (Pomeroy, R-Cal.) (FIFRA) would amend FIFRA to permit a state to register a Canadian pesticide for distribution and use within that state. 147 Cong. Rec. H955 (daily ed. Mar. 15, 2001). The bill was referred to the Committee on Agriculture. A companion bill, S. 532, was introduced in the Senate this period.

  • H.R. 1085 (Rahall, D-W. Va.) (mining) would amend certain provisions of the general mining laws. 147 Cong. Rec. H955 (daily ed. Mar. 15, 2001). The bill was referred to the Committee on Resources.

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 



  • NPDES permit applications. See http://www.adem.state.al.us/RegsPermit/PermPubNot/103Permit/3npdes.htm

  • Degussa-Huls Corp., for modification of an air permit. Comments due Apr. 16. See http://www.adem.state.al.us/RegsPermit/PermPubNot/103Permit/3degussa.htm

  • Goodway Refining, LLC, Brewton, for modification of a synthetic minor operating permit. See http://www.adem.state.al.us/RegsPermit/PermPubNot/103Permit/3goodref.htm

  • Boeing Company, Decatur, for synthetic minor operating permits. See http://www.adem.state.al.us/RegsPermit/PermPubNot/103Permit/3boeing.htm

  • Cahaba Pressure Treated Forest Products, Inc./Cahaba Timber Company, Inc., Brierfield, for a Title V operating permit. Comments due Apr. 14. See http://www.adem.state.al.us/RegsPermit/PermPubNot/103Permit/3cptfpct.htm

  • Bishop Landfill, Inc., Marshall County, for renewal of a solid waste disposal permit. Comments due Apr. 20. See http://www.adem.state.al.us/RegsPermit/PermPubNot/103Permit/3bishop.htm

  • Mercedes-Benz US International, Inc, Vance, for an air permit. Comments due Apr. 2. See http://www.adem.state.al.us/RegsPermit/PermPubNot/102Permit/2merbenz.htm

  • City of Mobile, for a Title V Major Source Operating Permit for the Chastang Sanitary Landfill in Mt Vernon. Comments due Apr. 2. See http://www.adem.state.al.us/RegsPermit/PermPubNot/102Permit/2chasani.htm

  • Tennessee Valley Authority Power Service Center, Muscle Shoals, for renewal of a hazardous waste permit. Comments due Apr. 23. See http://www.adem.state.al.us/RegsPermit/PermPubNot/102Permit/2tenval.htm 

  • Environmental Medical Systems, LLC, Mt. Vernon, for a medical waste treatment facility permit. Comments due Apr. 4. See http://www.adem.state.al.us/RegsPermit/PermPubNot/102Permit/2envmed.htm

  • Imerys Carbonates, LLC, Sylacauga, for a Title V operating permit. Comments due Mar. 27. See
    http://www.adem.state.al.us/RegsPermit/PermPubNot/102Permit/2imerys.htm 

  • Georgia Power Co., Smiths, for modification of an air permit. Comments due Mar. 26. See
    http://www.adem.state.al.us/RegsPermit/PermPubNot/102Permit/2gapower.htm 

  • Stallworth Timber Co., Brewton, for a Title V operating permit. Comments due Mar. 22. See
    http://www.adem.state.al.us/RegsPermit/PermPubNot/102Permit/2staltim.htm 

Daily Ozone Forecast



  • Available at http://www.adem.state.al.us/ozone.html

Jefferson County Dept. of Health


Daily Air Quality Index



  • Available at http://www.jcdh.org/environmental/airpollution/airquality.asp

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red bar graphic ARIZONA


Dept. of Envtl. Quality


Final Regulations-Air Quality



  • New sections R18-2-310 and 18-2-310.01, amended sections R18-2-313, 18-2-724; amendments to affirmative defense provisions for excess emissions in R18-2-310 in order to include an approvable affirmative defense mechanism in the SIP. The rule will continue the affirmative defense for certain excess emissions due to malfunctions, startups, and shutdowns. ADEQ has modified the criteria for the affirmative defense categories to ensure EPA approval of the SIP. The revisions clarify when affirmative defenses can be used and the steps a source must take to utilize an affirmative defense. See http://www.sosaz.com/aar/2001/10/final.pdf

Final Regulations-Drinking Water Quality



  • Amended regulations intended to improve the operator certification program, bring Arizona's operator certification program into alignment with operator certification programs in other states, and avoid possible cuts in U.S. EPA grant funding. The rules establish the requirements for certification and classification, examinations, renewal of certificates, expired certificates, revocation, reciprocity for out-of-state applicants, and experience and education. The amendments also repeal fees associated with exams, certification, and renewals, given that third parties will likely administer examinations. DEQ is finalizing a Request for Proposal pursuant to which parties interested in becoming examiners will submit proposals to DEQ. See http://www.sosaz.com/aar/2001/10/final.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

"Brown Cloud Summit" Recommendations



  • Adoption of the California standards for new heavy-duty diesel engines among the recommendations of Governor Hull's "Brown Cloud Summit." See http://www.adeq.state.az.us/environ/air/browncloud/index.htm

Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements



  • Comment periods open. See http://www.adeq.state.az.us/environ/waste/sps/notices.html

Arizona Emissions Bank



  • Information concerning Bank, which will become operational in 2001, available at http://www.adeq.state.az.us/environ/air/plan/bank.html

red bar graphic ARKANSAS


Dept. of Environmental Quality


Permit Application-Proposed Landfill




  • Proposed Class 4, solid waste landfill for Bradley County. A preliminary application has been submitted by Bradley County for the new Class 4 landfill to be constructed on a 59.92 acre site located in portions of  Section 27, Township 13 South, Range 10 West, Fifth Principal Meridian, Bradley County, Arkansas. Public hearing Mar. 26. See http://www.adeq.state.ar.us/custsvs/pa/default.htm


Pending Administrative Consent Agreements




  • Public comment sought for the following: Arkansas State Police, Hot Springs, RST Division, $1,000 penalty; Dixie Food Mart, Wayne Allen, Magnolia, Water Division, $1,000 penalty; Drum Sand and Gravel, Harrisburg, Water Division/NPDES, $2,900 penalty; FM Corporation, Rogers, Air Division, $15,000 penalty; Gaylord Container Corp., Pine Bluff, Air Division, No penalty; Georgia-Pacific Ashdown Operations, Ashdown, Air Division, No penalty; Great Lakes Chemical Corp., El Dorado, Water Division, $2,500 penalty, supplemental environmental project (SEP) $3,500; Greenville Tube Corp., Clarksville, Air Division, $3,500 penalty; Harper Development, Inc., Bryant, Water Division/NPDES, $3,000 penalty; Sam Johnson Construction, Inc., Benton, Mining Division, No penalty; Maumelle Suburban Improvement District #500, Maumelle, Water Division/NPDES, $4,000 penalty; Meyer's Bakeries, Hope, Air Division, $15,000 penalty, SEP $5,000; Northwest Pallet, Springdale, Air Division, $3,500 penalty; Pollution Management, Inc., Little Rock, RST Division, $33,899.21 Trust Fund Reimbursement; Progressive Constructors, Inc., Little Rock, Asbestos/Lead Section, $150 penalty; Servisoft, (Amendment No. 1 to CAO), Paragould, Water Division/NPDES, $250 penalty. Comments may be sent to ADEQ's Legal Division, P.O. Box 8913, Little Rock, Arkansas 72219-8913, by Apr. 11.


10-Year Strategic Plan




  • Final plan available for review at http://www.adeq.state.ar.us/strategic_plan/spv16_010105.htm

red bar graphic CALIFORNIA


Air Resources Board


Apr. 5 Fuels Workshop



  • ARB Fuels Workshop for 2001 Regulatory Activities-Regarding CARB Diesel Fuel Regulations, CaRFG3 Certification Fuel Standards, MTBE deminimus Levels, and CaRFG3 implementation issues related to permeation and commingling. See http://www.arb.ca.gov/cbg/meeting/2001/040501ws.pdf

Proposed Regulations-Assessment of the Impacts of Transported Pollutants on Ozone Concentrations



  • The assessments establish ozone transport couples, which are air basins or air pollution control districts from which transported pollution originates and in which transported ozone and ozone precursors affect air quality. The assessments are a preliminary step in determining appropriate mitigation requirements. The Board approved the first assessment in Aug. 1990, with updates in Aug. 1993 and Nov. 1996. This report is the third update to the original assessments of Aug. 1990. Hearing Apr. 26; comments are due Apr. 25. See http://www.arb.ca.gov/regact/trans01/trans01.htm and http://www.arb.ca.gov/regact/trans01/notice.htm

Proposed Regulations-Alternative Control Plans



  • Apr. 5 workshop to discuss possible amendments to the Alternative Control Plan (ACP) regulation (Title 17, California Code of Regulations, §§94540-94555). The ACP regulation is an emissions averaging program or "bubble" that ensures that the total VOC emissions from products selected by participating manufacturers do not exceed the emission level that would occur if the products were reformulated to meet the limits in the consumer products regulation. See http://www.arb.ca.gov/consprod/regact/acp2000/acp2000.htm and http://www.arb.ca.gov/consprod/regact/acp2000/acp2.htm

Multmedia Chrome Plating Project-Final Report



  • Final report on the multi-Media Chrome Plating Project; the pilot project was coordinated by the Compliance Division and reflects the work done by Cal/EPA staff (DTSC, SWRCB, RWQCB), in cooperation with U.S. EPA, Region IX, and a large number of local agencies. The study involved inspection of 37 chrome plating operations in the Los Angeles area in a multi-program fashion by incorporating representatives from appropriate State and local agencies into inspections where compliance with all media (air, hazardous waste, water), could be documented during a single visit. See http://www.arb.ca.gov/cd/chromeplating.htm

Dept. of Toxic Substances Control


Proposed Amendments to Post-Closure Permits



  • Boeing Co., Santa Susana Field Laboratory. Comments due Apr. 22. See http://www.dtsc.ca.gov/docs/oea/docs/NoticePermitModificationTempAuthReq.pdf

Permit Revocation



  • Involving AAD Distribution and Dry Cleaning Serv., Inc. See http://www.dtsc.ca.gov/docs/hwmp/docs/NoticePermitRevocationCessation.pdf

Proposed Regulations-Universal Waste



Integrated Waste Management Board


Solid, Hazardous Waste Bill Tracking



  • See http://www.ciwmb.ca.gov/Statutes/Legislation/PriorityRpt/default.htm

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



  • Draft comments on tire monofill regulation were issued Mar. 7. See http://www.ciwmb.ca.gov/Rulemaking/Monofill/

  • The Board submitted the proposed amendments regarding enforcement and compliance procedures to the OAL for a 30-day review. See http://www.ciwmb.ca.gov/Rulemaking/EnforceP/

  • 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 Board 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. The Board staff has proposed changes in the existing regulations to implement, interpret, and make specific the provisions of SB 876, as well as, implementing certain recommendations from the AB 117 Tire Report. 

  • 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 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 that 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


Emergency Regulations



Draft Nonpoint Source Compliance Assistance Guidance Required Pursuant to CWC 13369(b)



  • Available at http://www.swrcb.ca.gov/nps/protecting.html

Office of Environmental Health Hazard Assessment


Prioritization of Toxic Air Contaminants



  • Comments requested on the document "Prioritization of Toxic Air Contaminants Under the Children's Environmental Health Protection Act" through Apr. 6. See http://www.oehha.ca.gov/air/toxic_contaminants/CRNR_TAC%20prioritization.html 

South Coast Air Quality Management District


Workshop on Proposed Budget



  • Apr. 18. See http://www.aqmd.gov/pub_edu/notice_2001_2002_Draft_Budget.html

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



  • See http://www.aqmd.gov/news1/Generators.htm

Proposed Regulations-Toxic Air Contaminants



  • Public workshop Mar. 29 on proposed amendments to Rule 1401–New Source Review of Toxic Air Contaminants, to update the list of toxic air contaminants (TACs) and to request comments on potential impacts for facilities subject to Rule 1402–Control of Toxic Air Contaminant Emissions from Existing Sources. Rule 1401 applies to new, modified, or relocated permit units and establishes risk-based thresholds for cancer and noncancer (acute and chronic) TACs. Rule 1402 applies to facility-wide TAC emissions and likewise sets risk-based thresholds for cancer and noncancer impacts. See http://www.aqmd.gov/pub_edu/notice_r1401_1402_2.html

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



  • Rule 1132 – Further Control of VOC Emissions from High Emitting Spray Booth Facilities adopted. See http://www.aqmd.gov/hb/010125a.html and http://www.aqmd.gov/news1/Governing_Board/Bs1_19_01.htm

Proposed Regulations-Pilot Credit Generation Programs



  • PR 1631: Generation of MSERCs from repowering of diesel marine vessels; PR 1632: Generation of MSERCs from use of a clean technology to provide auxiliary power to diesel fueled marine vessels during berthing or hotelling operations near or at ports; PR 1633: Generation of MSERCs from the electrification of truck and trailer refrigeration units while in operation at distribution centers; PR 2507: Generation of ASCs from replacing diesel powered agricultural pumps with agricultural pumps using a clean technology. Workshop Mar. 20. See http://www.aqmd.gov/pub_edu/notice_r1631_32_33_2507.html

red bar graphic COLORADO


Dept. of Public Health and Environment


Hazardous Waste Training Workshop



  • Set for March 21-22. See http://www.cdphe.state.co.us/hm/hwtraining.asp

Air Quality Control Commission


Proposed Regulations



  • 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. Hearing date is April 19. See http://www.cdphe.state.co.us/op/Visibility_LTS_02_01.htm

  • Proposed Voluntary Emission Reduction Agreement 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



  • Hearings May 15 and July: Supplemental Hearing Notice. For consideration of the adoption of revised water quality classifications, standards, and designations for multiple segments in the San Juan and Dolores River Basins, Regulation #34 (5 CCR 1002-34), the Gunnison and Lower Dolores River Basins, Regulation #35 (5 CCR 1002-35), and the Lower Colorado River Basin, Regulation #37 (5 CCR 1002-37). The original notice for this rulemaking, dated November 22, 2000, called for a March 12, 2001, rulemaking hearing. Since that time, the Commission has decided to bifurcate and reschedule the hearing on the issues to be considered. See http://www.cdphe.state.co.us/op/wqcc/0107lowercolo2.pdf 

  • May 14 comment deadline (no hearing) regarding (1) revisions to the Basic Standards and Methodologies for Surface Water, Regulation #31 (5 CCR 1002-31) to make corrections to Table III and (2) revisions to the Classifications and Numeric Standards for the Arkansas River Basin (Regulation #32), the Upper Colorado River Basin and North Platte River (Regulation #33), and the Rio Grande Basin (Regulation #36), (5 CCR 1002-32, 33 and 36), to make these regulations consistent with revisions to the Basic Standards and Methodologies for Surface Water resulting from a July 2000 rulemaking hearing. See http://www.cdphe.state.co.us/op/wqcc/0514metalswcrm.pdf

Dept. of Pesticide Regulations


Annual Report Released



  • Report details Department's plans for new groundwater protection regulations with current pesticide management zones replaced with "ground water protection areas." See http://www.cdpr.ca.gov/docs/pressrls/progressreport.htm

red bar graphic CONNECTICUT


Dept. of Envtl. Protection


DEP-Endorsed Legislative Proposals




  • Cover areas such as water quality and solid waste management. See http://dep.state.ct.us/lawreg/2001leg.htm


Report on Envtl. Compliance




  • Prepared by DEP for the Connecticut General Assembly Committee on the Environment; available at http://dep.state.ct.us/enf/rpt/2001rpt.pdf


Air Quality-Guidance Document




  • Title V reporting guidance document now available at http://dep.state.ct.us/air2/tvpack.pdf


Final Regulations-General Permits




  • General Permit for the Discharge of Vehicle Maintenance Wastewaters. See http://dep.state.ct.us/pao/download.htm#Water



  • Modified General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Construction Activities. See http://dep.state.ct.us/pao/download.htm#Water



  • New sulfur dioxide/nitrogen oxide emission reduction requirements promulgated. See http://www.dep.state.ct.us/whatshap/press/2000/mf1219.htm


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red bar graphic DELAWARE


Dept. of Nat. Resources and Envtl. Control


Notices of Violation




  • Available at http://www.dnrec.state.de.us


Regulatory Update/Public Notices




  • Available at http://www.dnrec.state.de.us/dnrec2000/Admin/News/PublicNotices/publicnotices.htm

red bar graphic FLORIDA


Dept. of Environmental Protection


State Purchase of Pinhook Swamp



  • Announced Mar. 13. According to DEP Secretary David Struhs, the acquisition in northern Florida "not only protects Jacksonville's primary drinking water source, but also safeguards the habitat of our wildlife, especially threatened species such as the black bear." See http://www.dep.state.fl.us/comm/releases/2001/01-071.htm

DEP Legislative Agenda



  • DEP-endorsed bills for consideration in legislative session that began Mar. 6: Reverse Osmosis and Aquifer Storage and Recovery; Florida’s Springs Initiative; Environmental Litigation Reform; Cost Effective Public Notice; Performance Based Permitting, and Global Risk Based Corrective Action. See http://www.dep.state.fl.us/officsec/pub_rep/lagenda01.htm

TMDL-Lake Okeechobee



  • DEP proposed a TMDL for phosphorous with a limit of 140 metric tons per year. The average phosphorous load has been 498 metric tons each year for the last 5 years. The proposal also includes an allocation, management, and implementation strategy. A public hearing, if requested in a timely manner, would be held on Apr. 9. See http://www.dep.state.fl.us/comm/releases/2001/01-067.htm

Office of the Ombudsman-Annual Report



Florida Springs Task Force



  • Task force report available at http://www.dep.state.fl.us/officsec/pub_rep/Florida's%20Springs%20Report%20(Web).PDF

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



  • See http://www.dep.state.fl.us/comm/releases/2001/01-060.htm

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/

Dept. of Community Affairs-Fla. Coastal Management Program


Proposed Regulations-Grant Funds



  • Proposed rules are intended to clarify the Florida Coastal Management Program competitive subgrant application process and improve the overall operation of the competitive award program. A public hearing, if timely requested, would be held on Apr. 4. 

Dept. of Agriculture and Consumer Services-Div. of Agricultural Envtl. Services


Proposed Regulations-Nitrogen Best Management Practices



  • Proposed rule amendment will adopt a specific interim measure for forage crops (Bahiagrass and Bermuda grass) grown within the Suwannee River Water Management District boundaries. A hearing, if timely requested, will be held Apr. 2. 

red bar graphic GEORGIA


Dept. of Natural Resources, Envtl. Protection Division


Air Permit Applications



  • Available at http://www.ganet.org/dnr/environ

red bar graphic HAWAII


Office of Envtl. Quality Control


Air Quality-Permit Applications




  • Pending applications listed at http://www.hawaii.gov/health/eh/cab/notices/index.html


Environmental Impact Notices




  • Submitted environmental assessments/impact statements available for comment at http://www.state.hi.us/health/oeqc/index.html


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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


Proposed TMDLs




  • The Idaho and Oregon Departments of Environmental Quality (IDEQ and ODEQ) are seeking public comment on a draft sub-basin assessment of water quality in the Snake River where it flows between the two states. The Snake River-Hells Canyon Total Maximum Daily Load (TMDL) Sub-Basin Assessment describes water quality concerns, state and federal regulations, and pollutant sources and control efforts on the Snake River between
    Adrian, Oregon and the Salmon River. Hearings Mar. 21-22. Comments due Apr. 13. See http://www2.state.id.us/deq/news/mar1201_a.htm and http://waterquality.deq.state.or.us/wq/TMDLs/TMDLs.htm



  • For sediment in Badger, Darby, Fox, Packsaddle, South Leigh, Spring and North Leigh Creeks, and in the upper Teton River. In addition, DEQ is recommending establishment of a maximum allowable daily load for nitrogen in the Teton River from Highway 33 to Bitch Creek. Comments due Apr. 4. See http://www2.state.id.us/deq/news/mar0801_a.htm


Outstanding Resource Waters-Petitions




  • Listed at http://www2.state.id.us/deq/water/orw/orw2000.htm


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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. The Board adopted a final opinion and order to amend its air pollution control regulations to implement a program to reduce nitrogen oxides emissions from large cement kilns in Illinois. See http://www.ipcb.state.il.us/Meeting/minutes.htm


Proposed Regulations




  • Proposed revisions to the nondegradation rules (In the Matter of: Revisions to Antidegradation Rules: 35 Ill. Adm. Code 302.105, 303.205, 303.206 and 106.990-106.995). The proposed revisions are part of the triennial water quality standards review. Included in the proposal is changing the rules’ name to Antidegradation to conform with federal rules. See http://www.ipcb.state.il.us/RULES/R01-013/HearingRecords.htm and   http://www.ipcb.state.il.us/RULES/106prop.pdf 



  • 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 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. The proposed rules concern design and construction standards for livestock waste lagoons and non-lagoon livestock waste handling facilities. Additionally, the Department’s proposal seeks to amend the Board’s current livestock management rules by repealing Board rules that have been effectively superceded by rules promulgated by the Department. See 8 Ill. Adm. Code 900. In the Matter of: Amendments to Livestock Waste Regulations (Feb.15, 2001), R01-28. Public hearings Apr. 2 (Chicago) and Apr. 17 (Springfield). Written comments are accepted through May 1. See http://www.ipcb.state.il.us/RULES/proposal.htm



  • Proposed amendments to UST regulations-The amendments that the Agency is proposing are intended primarily to clarify and refine certain provisions, taking into account the experience the Agency has gained in administering the UST Program and changes in the law since its adoption. Included in the proposed amendments is the addition of methyl tertiary butyl ether (MTBE) as an indicator contaminant in gasoline, in response to increased national health concerns. The Agency is proposing to recognize the role of licensed professional geologists in UST site evaluations. It is also proposing to let only accredited laboratories perform quantitative analyses of samples for use in UST remediation projects. Second hearing scheduled for Apr. 3; prefiled testimony must be submitted by Mar. In the Matter of: Amendments to Regulation of Petroleum Leaking Underground Storage Tanks: 35 Ill. Adm. Code 732. See http://www.ipcb.state.il.us/RULES/R01-026/Agency_Proposal.pdf 



  • In the Matter of: Exemptions from the Definition of VOM Update, USEPA Amendments (July 1, 2000, through December 31, 2000)–The Board dismissed this reserved identical-in-substance docket because the U.S. EPA did not amend its exemptions from the definition of volatile organic material regulations during the update period.



  • In the Matter of: RCRA Subtitle D Update, USEPA Amendments (July 1, 2000, through Dec. 31, 2000)–The Board dismissed this reserved identical-in-substance docket because the U.S. EPA did not amend its non-hazardous waste regulations during the update period.



  • In the Matter of: UST Update, USEPA Amendments (July 1, 2000, through Dec. 31, 2000)–The Board dismissed this reserved identical-in-substance docket because the U.S. EPA did not amend its UST regulations during the update period.


Informational Order-Peaker Power Plant Inquiry




  • Available at http://www.ipcb.state.il.us/Meeting/opinion/2000/1221/01-10order122100.pdf


Open Regulatory Dockets




  • Listing, additional information available at http://www.ipcb.state.il.us/rules/proposal.htm


Feb. PCB Environmental Register




  • Available at http://www.ipcb.state.il.us/PUBLIC/BACK/Register/2001/0201-560.pdf


Envtl. Protection Agency


Proposed Amendments to the Annual Emissions Report Rule-35 Ill. Adm. Code 254




  • Public hearing Apr. 4. The hearing will be held by the Illinois EPA Bureau of Air for the purpose of gathering comments on the proposed amendments to the rule. The proposal amends the Agency's rule that requires certain sources of air pollution to report air emissions. The major focus of the proposed amendments is to require enhanced reporting of hazardous air pollutants for sources in the Chicago area that are required to participate in the Emissions Reduction Market System, 35 Ill. Adm. Code 205. See http://www.epa.state.il.us/public-notices/2001/annual-emissions-report/index.html


Permit Application/Public Hearings




  • 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



  • City of Marion, application for construction of a water supply reservoir. IEPA hearing Apr. 9. See http://www.epa.state.il.us/public-notices/2001/marion-reservoir/index.html



  • PPL Global, LLC, application to construct an electrical generation facility in University Park. Public hearing Apr. 26; comments due May 26. See http://www.epa.state.il.us/public-notices/2001/ppl-global/index.html



  • Kibler Develop. Corp., application to construct a solid waste disposal facility near Marion. Hearing Apr. 17; comments due May 17. See http://www.epa.state.il.us/public-notices/2001/kibler-development-landfill/index.html



  • Ameren Energy Generating Co., application to construct an electric generation facility in Elgin. Hearing Apr. 12; comments due May 12. See http://www.epa.state.il.us/public-notices/2001/ameren-elgin/index.html



  • Southern Ill. Power Coop., application for construction permits for three projects. Hearing Apr. 18; comments due May 18. See http://www.epa.state.il.us/public-notices/2001/sipco-marion/index.html


Strategic Planning Process



  • Information and comment procedures available at http://www.epa.state.il.us/strategic-planning/

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 groundwater 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. 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



  • IDEM publication available at http://www.state.in.us/idem/ie/novdec00/index.html

red bar graphic IOWA


Dept. of Natural Resources-Envtl. Protection Commission


Commission Mar. 19 Meeting




  • Agenda available at http://www.state.ia.us/epd/epcmintz/0301a.pdf


Phosphorus/Nitrates Study-Water Quality




  • A researcher at Iowa State University released a study finding that the state's lakes contain high levels of phosphorus and nitrates from farming. The study will be available at http://www.limnology.acel.iastate.edu


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); and (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




  • Revisions to Chapter 22, “Controlling Pollution,” Chapter 23, “Emission Standards for Contaminants,” and Chapter 25, “Measurement of Emissions,” Iowa Administrative Code. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010207.html


Final Regulations-Water Quality




  • Amended water quality standards available at http://www.state.ia.us/dnr/septepc.htm


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red bar graphic KENTUCKY


General Assembly


Brownfields Legislation




  • SB 2 enrolled, sent to Governor Patton for signature. See http://162.114.4.13/record/01rs/SB2.htm


Environmental Quality Commission


Natural Resources Bill Tracking-2001 Legislative Session




  • See http://www.kyeqc.net/legis/bills2001.pdf


Dept. for Envtl. Protection, Division of Air Quality


Proposed Regulations




  • Proposed 401 KAR 51:200, Regional NOx emission requirements. The amendments will affect large utility boilers and cement kilns. Public hearing Mar. 26; comments due that date. . See http://162.114.4.13/kar/notofint.htm and http://www.nr.state.ky.us/nrepc/dep/daq/pubinfo/SIP%20Regulations.pdf


Permit Applications 




  • Mar. 22 hearing on draft permits for Bluegrass Generation Co., LLC. See
    http://www.nr.state.ky.us/nrepc/dep/daq/pubinfo/BluegrassGenerationCo.pdf


Dept. for Envtl. Protection, Division of Water


Public Hearing Notices




  • Available at http://www.kyeqc.net/pubs/newsletter/janfeb2001.pdf


Permit Applications




  • See http://water.nr.state.ky.us/dow/public.htm

red bar graphic LOUISIANA


Dept. of Envtl. Quality


Proposed General Permit-Stormwater




  • Proposed reissuance of the LPDES Multi-Sector General Permit for Storm Water Discharges Associated with Industrial Activities, LAR05000. Comments due Apr. 2. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=298 


Final Regulations-Air Quality




  • Filling of Gasoline Storage Vessels–Exemptions (LAC 33:III.2131). See
    http://www.deq.state.la.us/planning/regs/addition/2001/aq209fin.pdf 


Final Regulations-Hazardous Waste




  • Revisions to hazardous waste manifest regulations. See http://www.deq.state.la.us/planning/regs/addition/2001/hw074fin.pdf 


Final Regulations-Water Quality




  • Financial assurance requirements for privately owned sewage treatment facilities. See
    http://www.deq.state.la.us/planning/regs/addition/2001/wp035fin.pdf 


Permit Applications




  • Pending permit applications listed at http://www.deq.state.la.us/news/PubNotice/



  • Syngenta Corporation, Inc (formerly Novartis Crop Protection, Inc.), St. Gabriel Parish, for a Part 70 air permit. Comments due Apr. 6. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=309



  • Gulf Island LLC, Houma Facility, for an LPDES permit. Comments due Apr. 9. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=305



  • Burlington Resources Oil & Gas Company, Sweet Lake Field, Cameron Parish, for an LPDES permit. Comments due Apr. 9. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=304



  • Burlington Resources Oil & Gas Company, Ramos Field, Assumption Parish, for an LPDES permit. Comments due Apr. 9. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=303



  • Union Carbide Corp., Taft, for air permits for three previously grandfathered sources. Comments due Apr. 6. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=308



  • International Paper, Bastrop, Morehouse Parish, for modification of an air permit. Comments due Mar. 28. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=299



  • Texas Gas Pipeline, Pineville, for a Part 70 permit modification. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=297



  • Williams Olefins, LLC, Geismar Ethylene Plant, Geismar, new prevention of significant deterioration permit and modification to existing Part 70 permit. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=294



  • Town of Sterlington, Sterlington Wastewater Treatment Facility, for reissuance of an LPDES discharge permit. Comments due Mar. 26. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=290



  • Town of Olla, Olla Wastewater Treatment Facility, for reissuance of an LPDES discharge permit. Comments due Mar. 30. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=295



  • Town of Rosepine, Rosepine Wastewater Treatment Facility, for reissuance of an LPDES discharge permit. Comments due Mar. 19. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=286



  • Benson Environmental Services, Inc., Webster Parish, for renewal of a solid waste disposal permit. Public hearing was Mar. 7; comments due Apr. 6. See http://www.deq.state.la.us/news/pubnotice/show.asp?qPostID=287 


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red bar graphic MAINE


Dept. of Envtl. Protection


Proposed Regulations-Air Quality




  • DEP is proposing to incorporate amendments to new source performance standards and NESHAPS that have previously been delegated to the state and amended between July 1, 1997 and July 1, 2000, as well as several new NESHAPS categories. State law requires that this be in accordance with the State Administrative Procedure Act process, to ensure the state has full implementation and enforcement authority through the state's Title V licensing process. The Chapters incorporate standards for 138 types of source categories (both large and small businesses) that are subject to the federal standards. Deadline for comments Apr. 12. See http://www.state.me.us/sos/cec/rcn/apa/notices/030701.htm



  • Proposal will require certain electric generating units, resource recovery units and major industrial sources to implement additional NOx controls beginning Jan. 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-Labeling of Mercury-Containing Products




  • Final rule sets forth standards for affixing labels to mercury-added products packaging sold in Maine. The purpose of the label is to inform consumers that the item contains mercury and may not be discarded in municipal solid waste. Primary responsibility for labeling rests with the product manufacturer. Where strict compliance with the standards is not feasible or practical, the manufacturer may apply for approval of an alternative labeling plan. The rule allows mercury-added products sold in Maine to be labeled in the same manner as required in another state with corresponding requirements. Effective Mar. 4. 


Final Regulations-Oil Terminals/Pipelines




  • Final regulations address minimum design and operating requirements for marine oil terminals and intrastate pipelines. See http://www.state.me.us/sos/cec/rcn/apa/notices/101100.htm


Final Regulations-Air Quality




  • Amendments reflect changes to the California Low Emission Vehicle program made since the Maine program was adopted in 1993. See http://www.state.me.us/sos/cec/rcn/apa/notices/010301.htm


Hospital Use of Mercury and PVC Plastic 




  • Agreement entered into between DEP, Maine Hospital Ass'n, and the Natural Resources Council of Maine to eliminate use of mercury-containing products by 2005 and reduce use of PVC-containing materials. See http://www.themha.org/new.html


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red bar graphic MARYLAND


Dept. of the Environment


Interim Guidance-Cleanup Standards for Soil and Groundwater




  • Concerns conduct of environmental investigations and remedial actions at both state Superfund and Voluntary Cleanup Program Sites. Available at http://www.mde.state.md.us/was/hazcleanup/hazcleanup.pdf Workshop May 1. See http://www.mde.state.md.us/was/hazcleanup/hazworkshpbrchur.pdf


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




  • Available at http://www.mde.state.md.us/press/chlkpt_oilspill_govreport.pdf


Lead Poisoning Commission-Final Report




  • Available at http://www.mde.state.md.us/health/lead/leadreport01.pdf


General Permit-Poultry Manure Management




  • Permits will establish "shared responsibility between processors and their contract growers to provide adequate facilities and reuse options to manage surplus poultry litter." See http://www.mde.state.md.us/press/nr_mde-001215.html


Air Quality-Diesel Trucks




  • California standards will be adopted for diesel trucks beginning with 2005 model year. See http://www.mde.state.md.us/press/nr_mde-001208.html


Public Meetings/Hearings



Water Quality Standard-Triennial Review




  • Contemplated revisions to water quality criteria, designated uses, and antidegradation standards may be found at http://www.mde.state.md.us/wqstandards/index.html


Dept. of Agriculture


Proposed Regulations-Genetically Modified Organisms




  • Would 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. 

red bar graphic MASSACHUSETTS


Dept. of Envtl. Protection


319 Nonpoint Source Pollution Competitive Grant Program-Request for Proposals




  • Due May 1. See http://www.comm-pass.com/Comm-PASS/


Proposed Regulations-Air Quality




  • Proposed amendments to 310 CMR 7.00, et seq., the state's air pollution control regulations. The proposed regulations amend the Department's operating permit program required by title V of the federal CAA. The regulation changes are required to obtain full U.S. EPA approval of the Department's operating permit program and also include several clarifying changes. Comments are due Mar. 29. See http://www.state.ma.us/dep/bwp/daqc/files/aclglntc.htm and http://www.state.ma.us/dep/bwp/daqc/daqcpubs.htm#regs


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 for Conservation Commissions Implementing G.L. c.131, s.80A: Threats from Beaver and Muskrat-Related Activities. See http://www.state.ma.us/dep/brp/ww/wwpubs.htm#wwpol


Guidance-Drinking Water Quality




  • Guidance for Control of Beavers near Public Water Supply Sources. See http://www.state.ma.us/dep/brp/dws/dwspubs.htm#reg


Air Quality-Draft Indoor Air Sampling and Evaluation Guide



Certified Laboratories




  • Approved list updated, available at http://www.state.ma.us/dep/bspt/wes/weshome.htm


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




  • Available at http://www.state.ma.us/dep/bwsc/files/standard/GW2/GW2.htm


Final Regulations-Drinking Water




  • 310 CMR regulations available at http://www.state.ma.us/dep/brp/dws/files/310cmr22.pdf


Fiscal Year 2001 Recycling Industries Reimbursement Credit Grant Application




  • Available at http://www.state.ma.us/dep/new.htm 


Enforcement Actions




  • Recent enforcement actions described at http://www.state.ma.us/dep/enf/enforce.htm

red bar graphic  MICHIGAN


Dept. of Envtl. Quality


Final Regulations-Hydrogen Sulfide



  • Part 615, Supervisor of Wells, Nat. Res. and Envtl. Protection Act, and Supervisor of Wells, Instruction 1-2001, Nuisance Odor Standard for Hydrogen Sulfide at Wells and Surface Facilities. The amendments address concerns regarding hydrogen sulfide gas production and transportation. Supervisor of Wells Instruction 1-2001 was issued to define the concentration of hydrogen sulfide in ambient air at the point of exposure that may cause injurious effects to human health. The Instruction incorporates the recommendations of the Michigan Environmental Science Board in its report, entitled "Health Effects of Low-Level Hydrogen Sulfide in Ambient Air," and relevant amendments to the H2S rules. See www.deq.state.mi.us/gsd/oilpaga.html

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

Proposed Regulations-Coastal Management Program



  • Draft Assessment of Section 309, Coastal Program Enhancement, Federal Coastal Zone Management Act, PL 92-583 of 1972, 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 due Mar. 23. See www.deq.state.mi.us/lwm

Proposed Regulations-Great Lakes Bottomlands



  • The Land and Water Management Division (LWMD) is holding a public information meeting at the Traverse City
    Civic Center, 1213 West Civic Center Drive, Traverse City, Mar. 27 on proposed changes to administrative rules authorizing vegetation cutting and beach grooming on Great Lakes bottomlands and the creation of a general permit for filling for pathways through swales. Staff from the LWMD and the U.S. Army Corps of Engineers will
    be available to answer questions regarding these and other activities.

Wayne County Preliminary Wetland 



  • The Land and Water Management Division (LWMD), in conjunction with Wayne County Government, will hold  public hearings Mar. 28 and 29 at the Dearborn Heights City Hall Council Chambers, 6045 Fenton, Dearborn Heights. The hearings concern the Wayne County Preliminary Wetland Inventory, pursuant to Part 303, Wetlands Protection, Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The preliminary inventory is available at www.deq.state.mi.us/lwm

Public Meeting with DEQ Director



  • A public meeting will be held in the Student Lounge at Western Michigan University, Kendall Center, 50 West Jackson Street, Battle Creek, Mar. 19. Two sessions will be conducted. The first session (4:00 p.m. to 6:00 p.m.) will be an informal format for the public to speak with DEQ management individually on specific issues and concerns. The second session (6:00 p.m. to 7:00 p.m.) will consist of a question and answer format to receive public comment on general environmental issues

Permitting Calendar



  • Available at http://www.deq.state.mi.us/cal/dq031201.htm

Permit Applications-Air Quality



Proposed Enforcement Consent Orders



  • Available at www.deq.state.mi.us/aqd/enforcement/consent.html 

Air Quality Division Newsletter



  • Available at http://www.deq.state.mi.us/aqd/misc/whnew.html

Surface Water Quality Division Bulletin



  • Latest issue available at http://www.deq.state.mi.us/swq/

Surface Water Quality Division-Draft Regulations



  • Available at http://www.deq.state.mi.us/swq/rules/draft/DRFRule.htm

red bar graphic MINNESOTA


Pollution Control Agency


Proposed Regulations-Water Quality



  • Proposed reissuance of NPDES and State Disposal System (SDS) General Permit MN G790000-Petroleum Contaminated Ground Water Remediation System General Permit. Comments due Apr. 11. See http://www.pca.state.mn.us/news/publicnotice/pn031201.html

  • Proposed amendments to rules governing Storm Water Permits and Permit Fees, Minn. Rules Ch.7001 & 7002. Comments due Apr. 11. See http://www.pca.state.mn.us/news/publicnotice/rule-031201.html

Proposed Regulations-Air Quality



  • Regarding waste combustors, Minn. Rules pts. 7011.1201 to 7011.1295. Comments due Mar. 30. See http://www.pca.state.mn.us/news/publicnotice/pn0314a01.pdf

  • Proposed new rules governing air emission permits, MN Rules Ch. 7008 and amendments to MN Rules Ch. 7007 and MN Rules Ch 7005. Comments due Mar. 29. See http://www.pca.state.mn.us/news/publicnotice/rule-022601.html

Permit Applications, Other Notices



  • For details, see http://data.pca.state.mn.us/cgi-bin/whatsnew.pl  

  • Proposed modifications to administrative order issued to Koch Refining Co. Comments due Mar. 26. See
    http://www.pca.state.mn.us/news/publicnotice/kochpn.pdf 

  • Proposed reissuance of NPDES and SDS Permit for East Grand Forks Wastewater Treatment Facility. Comments due Mar. 26. See http://www.pca.state.mn.us/news/publicnotice/pn0226a01.pdf 

  • Proposed modification of NPDES and SDS Permit for Cannon Falls Municipal Wastewater Treatment Facility. Comments due Mar. 26. See http://www.pca.state.mn.us/news/publicnotice/pn022201.pdf

  • Proposed issuance NPDES and SDS Permit for a solid waste disposal system for Superior National Golf Properties. Comments due Apr. 2. See http://www.pca.state.mn.us/news/publicnotice/pn030101.pdf

  • Proposed issuance of permit to Western Lake Superior Sanitary District to construct and operate a
    source separated organics composting facility. Comments due Apr. 2. See http://www.pca.state.mn.us/news/publicnotice/pn0302a01.pdf

  • Proposed issuance of permit to operate a demolition debris landfills, to Henkemeyer Landfill, Sauk
    Rapids. Comments due Apr. 4. See http://www.pca.state.mn.us/news/publicnotice/pn030501.pdf

red bar graphic  MISSOURI


Dept. of Natural Resources


Final Regulations-Air Quality




  • Revisions to 10 CSR 10-5.375 and 10-6.120. See http://mosl.sos.state.mo.us/moreg/2001/v26n4/v26n4c.pdf


Proposed Regulations-Air Quality




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


Emergency Regulations-Drinking Water




  • Revisions to operator certification rules. See http://mosl.sos.state.mo.us/moreg/2001/v26n4/v26n4a.pdf


Proposed TMDLs




  • Available at http://www.dnr.state.mo.us/deq/wpcp/wpc-tmdl.htm


Water Pollution Control-Permit Applications




  • Current list available at http://www.dnr.state.mo.us/deq/wpcp/wpcpermits.htm

red bar graphic MONTANA


Dept. of Envtl. Quality


303 List-Impaired/Threatened Waterbodies




  • Available at http://www.deq.state.mt.us/ppa/mdm/303_d_list-draft.html


Public Comment Notices




  • Available at http://www.deq.state.mt.us/pubcom.htm

red bar graphic NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-General




  • Available at http://www.deq.state.ne.us/Proposed.nsf/Pages/Proposed


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red bar graphic NEVADA


Division of Envtl. Protection


Proposed Regulations-Environment Commission




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



  • Temporary amendment to NAC 232 and/or NAC 444A. The proposed temporary regulation prescribes the paper and paper product recycling procedures for state agencies. The temporary regulation provides criteria for exemption from the recycling requirements, provides for clearly labeled containers, establishes reporting criteria by state agencies, and requires a building recycling plan to be submitted to the DEP. See http://ndep.state.nv.us/sec/t2001-04.pdf Draft guidance available at http://ndep.state.nv.us/sec/modplan.pdf



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



  • Temporary amendment to NAC 445B.001 to 445B.395. The proposed temporary regulation amends NAC 445B by creating and defining a new classification of operating permits. The new Class III permit will provide eligible sources (those emitting 5 tons or less of specific pollutants) a streamlined permitting process, which includes accelerated permit review and issuance and lower permitting fees. See http://ndep.state.nv.us/sec/t2001-05.pdf


Final Guidance Documents




  • WTS-1A, General design criteria for reclaimed water irrigation use. See http://www.state.nv.us/ndep/bwpc/wts1a.pdf 



  • WTS-1B, General design criteria for preparing an effluent management plan. See http://www.state.nv.us/ndep/bwpc/wts1b.pdf 



  • Application of dust control products. See http://ndep.state.nv.us/admin/dust01.htm


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red bar graphic NEW HAMPSHIRE


Dept. of Envtl. Services


Dioxin Reduction Strategy




  • DES revealed a "first in the nation" plan for reducing dioxin emissions in half within two years. Recommendations include working with hospitals to close medical waste incinerators in favor of environmentally safer methods of waste management, such as recycling and sterilization techniques; reducing the use of chlorine-treated products that emit dioxins when burned; measuring dioxin emissions from wood-burning utilities; and encouraging the replacement of older wood-burning stoves with new, more efficient models. The Strategy also recommends banning the backyard burning of household waste, which is responsible for an estimated 15% of dioxin emissions. See http://www.des.state.nh.us/ard/dioxin/press_dioxinstrategy.htm and http://www.des.state.nh.us/ard/dioxin/strategy.pdf


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


Coastal Zone Management-Section 309 Assessment




  • Draft available for comment through Apr. 1. See http://www.state.nj.us/dep


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 Watershed Management Rules




  • Available at http://www.state.nj.us/dep/watershedmgt/wmp_rule_toc.htm


Current DEP Bulletin (Permit Applications; Proposed Regulations)




  • Latest issue at http://www.state.nj.us/dep/bulletin/index.html

red bar graphic NEW MEXICO


Water Quality Control Commission


Proposed Regulations-Liquid Waste Disposal




  • Available at http://www.nmenv.state.nm.us/


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red bar graphic NEW YORK


Dept. of Envtl. Conservation


Erin Crotty Nominated as DEC Commissioner



  • See http://www.dec.state.ny.us/website/press/newrelgv.html

Proposed Sand, Gravel Mine



  • Proposed 112 acre sand and gravel mine on a 313 parcel in the Town of Erwin, Steuben County. Legislative hearing Mar. 27. See http://www.dec.state.ny.us/website/ohms/notices/dalrymple.htm

ALJ Rulings



  • Available at http://www.dec.state.ny.us/website/ohms/decis/index.htm

Environmental Notice Bulletin (Permit Applications)



  • Latest issue available at http://www.dec.state.ny.us/website/enb/index.html

Permit Applications



  • Listed by DEC region at http://www.dec.state.ny.us/website/ohms/notices/index.html

DEC 2000 Report



  • Available at http://www.dec.state.ny.us/website/2000/index.html

red bar graphic  NORTH CAROLINA


North Carolina Clean Smokestacks Plan



  • Issued by the Clean Air Coalition; endorses additional legislation to address air emission concerns. The plan recommends reductions in nitrogen oxides NOx, sulfur dioxide, and mercury; a cap on summertime NOx emissions at 23,000 tons, an 80% reduction compared to 1998 levels; a cap on year-round NOx emissions at 50,000 tons, an 80% reduction compared to 1998 levels; a cap on SO2 emissions at 85,000 tons annually, an 82% reduction compared to 1998 levels; a 90% reduction in mercury emissions compared to 1998 levels; and a reduction in greenhouse gas emissions to 1990 levels. See http://www.environmentaldefense.org/pubs/NewsReleases/2001/Mar/c_NCcleanair.html

Dept. of Env't and Natural Resources


Proposed Regulations-Riparian Buffers



  • Temporary rules re Catawba River Basin and along mainstem lakes from Lake James to the N.C./South Carolina border. Public hearings Mar. 20-21. Alan Clark is the Div. of Water Quality contact (919-733-5083, ext. 570).

Division of Air Quality Penalty Assessments



  • Listed at http://daq.state.nc.us/Penalty/

Division of Air Quality Draft Regulations



  • Available at http://daq.state.nc.us/Rules/Draft/

DENR Enforcement Data



  • Available at http://www.enr.state.nc.us/novs/index.htm

Water Quality-Basinwide Assessment Reports



  • Available at http://www.esb.enr.state.nc.us/bar.html

red bar graphic OHIO


Envtl. Protection Agency


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 OEPA. The bill became effective on Sept. 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



  • Available at http://www.epa.state.oh.us/new/actions.html

Public Meetings



  • List available at http://www.epa.state.oh.us/main/meetings.html

  • Mining application submitted by Oxford Mining Co., Inc. subject of Mar. 28 hearing. See http://www.epa.state.oh.us/pic/nr/2001/march/oxford.html

Pending Air Permits



  • Available for review at http://www.epa.state.oh.us/dapc/pti/ptimain.html

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 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 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



  • Available for review and comment. See http://www.deq.state.ok.us/Water1/new/index.html

red bar graphic OREGON


Dept. of Envtl. Quality


Proposed TMDLs



  • Tillamook Bay Watershed TMDL and Water Quality Management Plan (public hearing Mar. 22; comment period closes Apr. 2). See http://waterquality.deq.state.or.us/wq/WQNotices/TillamookPN.pdf

  • Snake River-Hells Canyon TMDL Sub-Basin Assessment, for the Snake River between Adrian, Oregon and the Salmon River. The assessment includes information on the Brownlee, Oxbow, and Hells Canyon Dam reservoirs, and the Hells Canyon National Recreation Area. Comments due Apr. 13; public meetings Mar. 21-22. See http://www.deq.state.or.us/news/releases/159.htm

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



  • May be reviewed at http://waterquality.deq.state.or.us/wq/wqpermit/Notices.htm

Proposed Regulations-General 



  • Public hearing information available at http://www.deq.state.or.us/news/hearings.htm

Public Notices-Cleanup Remedies



  • Available at http://www.deq.state.or.us/wmc/cleanup/pubnotice.htm

Public Notices-Remedial Actions



  • Available at http://www.deq.state.or.us/wmc/cleanup/chnc2com.htm

red bar graphic PENNSYLVANIA


Dept. of Envtl. Protection


NPDES Permit Applications



  • Pending applications, notices listed at http://www.pabulletin.com/secure/data/vol31/31-10/410.html

Final Guidance Document



  • DEP ID: 550-2100-008 Title: NPDES Permits for Stormwater Discharges Associated With Construction Activities at Oil and Gas Wells. See http://www.pabulletin.com/secure/data/vol31/31-10/412.html

Draft Guidance Documents



  • Small Water Systems Regionalization Grant Program. Comments due Apr. 2. See http://www.dep.state.pa.us/dep/subject/Draft_technical_guidance/383-5500-213.pdf

  • Small Water Systems Consolidation Construction Grant Program. Comments due Apr. 2. See http://www.dep.state.pa.us/dep/subject/Draft_technical_guidance/383-5500-613.pdf

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 were 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



  • Waives requirement of soil evaluation for certain new septic system sites. See http://www.state.ri.us/dem/pr/0110011.htm

red bar graphic SOUTH CAROLINA


Dept. of Health and Envtl. Control


Permit Application Notices



  • Available at http://www.scdhec.net/eqc/

red bar graphic  TENNESSEE


Dept. of Environment and Conservation


Permit Hearings



  • See http://www.state.tn.us/environment/news/ppo/sunshine.htm

  • Pending NPDES applications. See http://www.state.tn.us/environment/wpc/wpcppo/pn021901.pdf

  • Pending construction permit applications. See http://www.state.tn.us/environment/apc/apcppo/feb2201.htm

  • City of Dyersburg, for a Class III disposal facility. See http://www.state.tn.us/environment/swm/swmppo/dyer111.htm

  • Tennessee Valley Authority (TVA)-Bull Run Fossil Plant, acid rain CAA permit modification. See http://www.state.tn.us/environment/apc/apcppo/bullrunpn.htm 

  • TVA-Cumberland Fossil Plant, acid rain CAA permit modification. See http://www.state.tn.us/environment/apc/apcppo/cumberfospn.htm

  • TVA-Gallatin Fossil Plant, acid rain CAA permit modification. See http://www.state.tn.us/environment/apc/apcppo/gallatinpn.htm

  • TVA-Johnsonville Fossil Plant, acid rain CAA permit modification. See http://www.state.tn.us/environment/apc/apcppo/johnsonvillepn.htm

  • TVA-Kingston Fossil Plant, acid rain CAA permit modification. See http://www.state.tn.us/environment/apc/apcppo/kingstonpn.htm

Draft TMDLs



  • For dissolved oxygen and fecal coliform, South Fork Forked Deer River Watershed. Comments due Mar. 26 and Apr. 9. Seehttp://www.state.tn.us/environment/wpc/sffdrdo.htm and http://www.state.tn.us/environment/wpc/sffdr_jc.htm

Guidelines for the Land Application and Surface Disposal of Biosolids



  • Now available at http://www.state.tn.us/environment/wpc/guidelines_bio.htm

Erosion and Sediment Control Handbook



  • Now available at http://www.state.tn.us/environment/wpc/sediment.pdf

Pending NPDES Permit Applications



  • Available at http://www.state.tn.us/environment/wpc/wpcppo/jan22new.pdf

Pending Construction Permit (Air) Applications



  • Available at http://www.state.tn.us/environment/apc/apcppo/mar0801.htm

red bar graphic  TEXAS


Natural Resource Conservation Commission


Proposed Regulations-Injection Wells



  • Salt Cavern Class 1 Injection Well Rule Implementation; the proposed rule requires a thorough geologic characterization of a salt dome and provides clarification of the type of information that is needed in
    order to demonstrate a thorough geologic characterization. Requirements for vertical seismic profile are proposed. Hearings Apr. 3, 4, 10, and 12th. Comments due Apr. 16. See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc00331.pdf

Proposed Regulations-Air Quality



  • Quadrennial Review of Chapter 115 (Control of Air Pollution from Volatile Organic Compounds). See http://www.tnrcc.state.tx.us/oprd/rule_lib/proposals/pc00029.pdf

Draft Guidance Documents



  • Guidance Manual for Development of Emission Reduction Plan for Exemption from Lawn Service Equipment Operating Restrictions rule. See http://www.tnrcc.state.tx.us/oprd/sips/l&gguide.html 

  • Draft Guidance Manual for Development of Emission Reduction Plan for Exemption from Construction Equipment Operating Restrictions and/or Accelerated Purchase of Tier 2/Tier 3 Diesel Equipment Rule. See http://www.tnrcc.state.tx.us/oprd/sips/conguide.html

Permit Hearings



  • Upcoming hearings listed at http://www.tnrcc.state.tx.us/comm/opa/opacal/index.html

  • Crespo Family Services, Pearland, for an air permit for an animal crematory. Hearing Mar. 22.

  • Mirant Texas, LP, Weatherford, for an acid rain permit. Hearing Mar. 27.

  • Ennis-Tractebel Power Co., LLC, for an acid rain permit. Hearing Mar. 29.

  • AquaSource Development Co., Hays County, for TPDES permits. Hearings Apr. 9 and 10.

  • City of Littlefield, for a major permit amendment re reduction in BOD5 monitoring frequency. Hearing Apr. 19. 

  • AquaSource Development Co., Harris County, for a TPDES permit. Hearing Apr. 23. 

Public Hearings/Proposed Rules



  • Calendar of upcoming hearing dates available at http://www.tnrcc.state.tx.us/oprd/hearings.html

  • Rules Tracking Log available at http://www.tnrcc.state.tx.us/oprd/rulelog.html

Sunset Advisory Commission



  • Staff report available at http://www.tnrcc.state.tx.us/exec/communication/sunset/sunsetmain.html

Water Quality Management Plan-Draft Update



  • Comments requested through Mar. 26. See http://www.tnrcc.state.tx.us/water/quality/wqmp/draftwqmp.html

red bar graphic  UTAH


Dept. of Envtl. Quality


Proposed Regulations-Drinking Water



  • Design requirements for water treatment methods used to remove chemical contaminants. Renumbering of existing standards. See http://www.rules.state.ut.us/publicat/bulletin/2001/20010115/23394.htm

Draft Regulations-Water Quality



  • Available at http://www.deq.state.ut.us/eqwq/rules/rulechange.htm

Permit Applications



  • Listed by public comment deadline at http://www.eq.state.ut.us/eqoas/events/pub_participation.htm

red bar graphic VERMONT


Dept. of Envtl. Conservation


Permit Applications


red bar graphic VIRGINIA


Dept. of Envtl. Quality


Suspension of Effective Date-Solid Waste Regulations



  • DEQ suspended the effective date of the transportation of solid and regulated medical waste on state waters
    regulation, 9 VAC 20-170-10 et seq., in response to comments that changes made post-comment period amount to a substantial revision under the Virginia APA. The final regulation was published in the Va. Register on Jan. 15 (Vol. 17, Issue 9). The Waste Management Board will receive comments on the changes made to the regulation until Apr.12. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=82

Proposed Regulations-Water Quality



  • Proposed amendments to the Water Protection Permit Program Regulation (9 VAC 25-210) and the proposed adoption of general permit regulations (9 VAC 25-660, 25-670, 25-680 and 25-690) (VWP General Permit for Impacts Less Than One-Half Acre (9VAC25-660-10 et seq.), VWP General Permit for Facilities and Activities of Utilities (9VAC25-670-10 et seq.), VWP General Permit for Linear Transportation Projects (9VAC25-680-10 et seq.) and VWP General Permit for Impacts from Development Activities (9VAC25-690-10 et seq.)). Public meetings Mar. 29 (see http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=946 and Apr. 2, 3, and 5. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=N... and http://www.deq.state.va.us/regulations/xwaterregs.html (copies of proposed regs., permits).

  • Notice of intent to adopt a regulation establishing requirements for the reclamation and reuse of wastewater and processes for acting on requests for reclamation and reuse of wastewater. Public meeting Apr. 26. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=989

  • Notice of intent to consider amending the Pollution Abatement Program Regulation. Public meeting Apr. 27. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=988

Proposed Regulations-Air Quality



  • Proposed regulations to address emissions from commercial/industrial solid waste incinerators as required by §§111(d) and 112 of the federal CAA. Public meeting Mar. 29. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=944

  • Public meeting Mar. 29 to receive comments on and discuss the notice of intended regulatory action for developing a state regulation that controls emissions from small municipal waste combustors as required by §§111(d) and 129. See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=943

  • Proposed revisions to 9 VAC 5-40, Control of Nitrogen Oxides from Stationary Sources (Rev. A99). Public hearing May 3 (Richmond). See http://www.townhall.state.va.us/meeting/viewMeeting.cfm?MEETING_ID=894

Draft TMDLs



  • For Cooks Creek and Blacks Run. Public meeting Apr. 12; comments due Apr. 20. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=85

Public Meeting, Hearing Notices



Sustainable Future II Conference



  • June 6-8 in Richmond. See http://www.deq.state.va.us/vsf2/

red bar graphic  WASHINGTON


Dept. of Ecology


Semiannual Rule Agenda



  • Available at http://www.ecy.wa.gov/laws-rules/ruleagendas/ruleagendaJan01Jun01.pdf

red bar graphic WEST VIRGINIA


Dept. of Envtl. Protection


DEP Directors Reorganization Announced



  • See http://www.dep.state.wv.us/pio/nr-depplan.pdf

Public Notice Bulletin (Permit Applications, Proposed Regulations)



  • Latest issue available at http://www.dep.state.wv.us/pio/publicnotice/latestbulletin.pdf

red bar graphic WISCONSIN


Dept. of Natural Resources


Response to U.S. Supreme Court Solid Waste Agency Ruling



  • The Natural Resources Board unanimously approved a resolution urging Wisconsin legislators to enact measures to ensure protection of isolated Wisconsin wetlands affected by the Jan. 9 decision. See http://www.dnr.state.wi.us/org/caer/ce/news/rbnews/2001/010307co.htm 

Proposed Regulations-Water Quality



  • Public hearing Mar. 21 on revisions to §§NR 714.05 and 714.07, Wis. Adm. Code, relating to notification of affected landowners when off-site contamination is detected, and notification to the public when an environmental investigation is required at a leaking underground storage tank site. The proposed rule requires persons who are responsible for hazardous substance discharges to notify affected property owners if the hazardous substance contamination migrates off of the source property onto neighboring properties. The proposed rule also includes
    the requirement that, for leaking underground storage tank sites, responsible persons are to notify the general public, not just neighboring property owners, whenever a site investigation is required at a site, in addition to providing  notice to property owners whose property has been affected by migrating contamination.

  • 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 manage 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. 

Fox River Settlement



  • DNR suspending further action on a proposed settlement with the Fort James Corp. pending discussions with the 
    U.S. Fish & Wildlife Service and Oneida tribal leaders. See http://www.dnr.state.wi.us/org/caer/ce/news/on/index.htm#art4 

Strategic Plan for Wisconsin Lakes Partnership



  • Available for comment through June 1 at http://www.dnr.state.wi.us/org/water/fhp/lakes/waycourse/thewaterway.htm

Natural Resources Bd., Mar. 28 Agenda



  • Available at http://www.dnr.state.wi.us/org/nrboard/agenda/03.pdf

Public Hearing and Meeting Schedule



  • Meeting Mar. 22 re proposing entry of an Environmental Cooperative Agreement with Cook
    Composites and Polymers Co., Saukville, under the Environmental Cooperation Pilot Program. See http://www.dnr.state.wi.us/org/caer/cea/ecpp

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


red bar graphic WYOMING


Dept. of Environmental Quality


Coal Bed Methane-Guidance Documents



Final Regulations-Air Quality



  • An extensive repromulgation and updating of the state's air regulations was completed in Dec. 2000. The new standards are available at http://deq.state.wy.us/aqd.htm#Regulations

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



INTERNATIONAL

red bar graphic GENERAL



  • The North American Commission for Environmental Cooperation issued a study, "North American Trade and Transportation Corridors: Environmental Impacts and Mitigation Strategies." It described a decrease in air quality along the most frequently traveled truck corridors between Canada, the U.S., and Mexico. See http://www.cec.org/programs_projects/pollutants_health/trinational/pubs.cfm?varlan)english

  • UNEP announced it will work with NGOs to assist developing countries in reducing their use of methyl bromide, a pesticide linked to ozone-depletion. The Montreal Protocol calls for discontinuation of use by 2015 in developing countries. See http://www.uneptie.org/ozat/mbrpartnership/home.htm

  • The Appellate Body of the World Trade Organization ruled that France's ban on chrysotile asbestos imports is permissible, rejecting a challenge by Canada. 

  • Representatives of the 180 nations that are parties to the Convention on Biological Diversity met in Montreal to discuss the detection, control, and elimination of alien species. Measures such as border controls, quarantines, eradication, control, and containment were discussed. 

  • A U.K. scientist, studying Japan's practices, said that harpooned whales live for up to half an hour. See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1218000/1218720.stm

  • UNEP issued a final report, "Depleted Uranium in Kosovo: Post-Conflict Environmental Assessment." While UNEP found few reasons for short-term concern about the effects of depleted uranium (DU) on human health, it cautioned that DU may be present in drinking water wells and recommended long-term monitoring and decontamination when appropriate. The report noted that "any widespread contamination is present in such low levels that it cannot be detected or differentiated from the natural uranium concentration found in rocks and soil." See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1217000/1217816.stm A panel commissioned by the European Commission issued a report, "Opinion of the Group of Experts Established According to Article 31 of the Euratom Treaty," which said that the environmental risks were "extremely low." 

  • UNEP issued the final version of a treaty on persistent organic pollutants. The Stockholm Convention on Implementing International Action on Certain Persistent Organic Pollutants will be signed May 21-23. See http://irptc.unep.ch/pops

  • The World Resources Institute issued a report, "Understanding the Forest Resources Assessment 2000", which claimed that, contrary to recent conclusions of the U.N. Food and Agriculture Organization (FAO), deforestation is an increasingly serious problem. The report noted increased deforestation in Africa either no decrease or only slight decreases in Latin America and Asia. See http://www.wri.org/forests/pdf/fra2000.pdf. Meanwhile, FAO released its report, "Forest Resources Assessment 2000." FAO's report contends that there has been a 20% decrease in deforestation since 1995. See also http://www.wri.org/press/fao_fra5.html 

  • FAO issued a separate report warning of a "bush meat crisis" resulting from over-hunting of wild game. 

red bar graphic CLIMATE CHANGE



  • U.S. President George Bush, in a letter to a group of Senators, announced that he would not support new controls on carbon dioxide emissions, citing limitations in the scope of the CAA, energy shortfalls, and high energy prices. His position marked a seeming reversal from positions he had taken during the presidential election campaign and statements recently made by U.S. EPA Administrator Christine Whitman. Bush said he would approve additional control of emissions of nitrogen oxides, sulfur dioxide, and mercury, greenhouse gases clearly subject to regulation under the CAA. See http://inq.philly.com/content/inquirer/2001/03/14/national/ENERGY14.htm European environment ministers expressed disappointment, with EU Environment Commissioner Margot Wallstrom saying that "(t)he Intergovernmental Panel on Climate Change has once again confirmed the evidence on the causes of climate change and the solutions." She did note, however, that "(o)n the question of whether or not mandatory emission reductions should be imposed on power plants in the U.S., it is for each country to decide how it should reduce its emissions." A consultant to Germany's government said he was "horrified that the world's only remaining superpower can be so irresponsible towards the environment." France's environment minister declared that the U.S. is "the greatest output of emissions that cause global warming." UNEP Executive Director Klaus Toepfer was also critical, saying that "(w)ithout U.S. leadership, effective global action on climate change may not be possible." 

  • A NASA scientist said that a "heat vent" over the Pacific Ocean may be sufficient to minimize the impact of global warming. See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1203000/1203200.stm 

  • Environment ministers from the Group of 8 (G-8) nations affirmed their concern about global warming and renewed their commitment to seek consensus to reduce greenhouse gas emission levels. Representatives attending the meeting came from the Canada, France, Italy, Germany, Japan, Russia, the United Kingdom, and the United States, as well as the European Commission. The final document stated that the G-8 nations "commit ourselves ... to strive to reach an agreement on outstanding political issues and to ensure in a cost-effective manner the environmental integrity of the Kyoto Protocol." The meeting was the first for senior environment ministers since the collapse of Kyoto implementation talks last November. See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1201000/1201532.stm 

  • Some environmental groups claimed that EU environment ministers were not doing enough to jump-start Kyoto talks. See http://globalarchive.ft.com/globalarchive/articles.html?id=010309001262

  • The Italian government's proposal that an international agency be established to ascertain Kyoto compliance, in lieu of caps on the use of flexible mechanisms such as emission trades, was tabled by the EU's Council of Environment Ministers. 

  • MunichRe, a large reinsurer, issued a report produced by its geoscience research team. It says that global warming will, unless abated, cause a significant number of natural disasters. See http://www.munichre.com/

red bar graphic CENTRAL/SOUTH AMERICA



  • Loggers in Mexico were accused of killing thousands of Monarch butterfies through illegal pesticide use, apparently hoping that the butterfly preserve areas would be reopened to logging.  

red bar graphic ASIA/MIDDLE EAST



  • Chinese Prime Minister Zhu Rongji, in a speech, described the first "five-year" plan aimed at addressing pressing environmental issues. The plan would seek to address air and water quality and encourage water conservation. The plan calls for industry to recycle 60% of water utilized by 2005, and for a 20% reduction of sulfur dioxide emissions in certain larger cities. The plan would also seek to support forests near the upper Yangtze River to prevent flooding and silt loss downstream, and to address sandstorms that affect Beijing through the planting of a 2,800-mile belt of trees. See http://news.bbc.co.uk/hi/english/world/monitoring/media_reports/newsid_1199000/1199218.stm 

  • China announced a massive public works project intended to divert 48 billion cubic meters of water from central to northern areas. The $17 billion project, included in the government's new five-year plan, is "a strategic project to optimize water resources, designed to direct surplus water to the north," according to Chen Bangzhu of the National People's Congress. Water will be diverted from the Yangtze River to the Yellow River and to waterways near Beijing through three routes, two of which have already been planned. Environmentalists have raised concerns, saying that the Yangtze is under considerable pressure and could go dry within 30 years. See http://www.guardian.co.uk/international/story/0,3604,448356,00.html Anti-corruption measures have been promised. See http://straitstimes.asia1.com.sg/asia/story/0,1870,28280,00.html

  • Denmark signed an agreement to give Nepal approximately $4 million to fund projects intended to improve air quality in the Kathmandu area. The projects will include the utilization of electric vehicles and enforcement of pollution control standards. A vehicle emission and maintenance center will also be established. 

  • An ambitious project to supply drinking water from Iran to Kuwait, through a 540-kilometer pipeline costing $2 billion, was proposed. 

  • The U.N. said there was no basis for Israel's claim that Lebanon is diverting water supplies.

  • Japan's Ministry of the Economy endorsed a legislative measure that would require the destruction, rather than mere storage, of PCBs within 15 years. 

  • Hong Kong proposed that food products with 5% or more of genetically modified material be clearly labeled, although it was not clear whether labeling would be mandatory. The threshold for labeling established by the European Union is 1%.

  • Greenpeace and KFEM (the Korean Federation of Environmental Movements) urged the Republic of Korea government to take action to prevent a British shipment of Japanese plutonium Mixed Oxide fuel from entering its territorial waters.  

red bar graphic EUROPE



  • The European Commission endorsed legislation that would make knowing or willful violations of environmental requirements a felony.

  • Germany's Cabinet endorsed an ordinance, yet to be approved by the Bundesrat, that would impose increased energy efficiency standards for older residences and new construction. 

  • The European Parliament overwhelmingly approved non-mandatory guidelines on member state compliance with environmental directives, disappointing environmental groups who sought mandatory compliance monitoring. 

  • The World Wildlife Fund proposed a "debt for nature" swap with Russia, with western creditors forgiving part of Russia's debt in exchange for increased expenditures for environmental protection and natural resource preservation and recovery. 

  • Members of the U.K. House of Lords called for action to protect Earth from collision with asteroids. See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1211000/1211437.stm 

  • Leaders of Germany's Green Party, battling internal dissent, urged protestors not to disrupt shipments of nuclear waste. France's Green Party did relatively well in local elections, taking 13% of the vote in Paris and 15% in Lille. 

  • The European Parliament gave tentative approval to the proposed Directive on Public Access to Environmental Information, which would amend Directive 90/313/EC. The new measure will include portions of the Arhus Convention.

  • A report by the British National Radiological Protection Board found a relationship between exposure to high voltage electric lines and childhood cancer, although the overall risk was said to be small. See http://www.nrpb.org.uk/Nir-is.htm

  • EU environment ministers expressed considerable concerns regarding a draft 10-year EU environmental action plan.  

  • As promised, Greece closed the controversial Kourourotos landfill on Crete. The landfill had been the subject of a European Court of Justice enforcement action. 

  • EU environment ministers agreed on standards for emission reductions from motorcycles and other two- and three-wheeled motorized vehicles. The measure would extend tax benefits to manufacturers in exchange for their production of less polluting engines. Catalytic converters would be required on motorcycles. The measure must be approved by the European Parliament. 

  • The budget submitted by Gordon Brown, U.K. Chancellor of the Exchequer, made no proposed adjustments to a climate change tax aimed at reducing greenhouse gas emissions. See http://www.treasury.gov.uk Prime Minister Tony Blair promised increased funding for renewable energy sources, urging that 10% of the U.K.'s energy come from renewable sources by 2010. See http://www.pm.gov.uk/news.asp?NewsID=1872&SectionID=32

  • As many as 400,000 protestors clogged Madrid's streets in opposition to a $21 government plan to divert Ebro River water to the arid southeast region of Spain.

  • A French court insisted that the Ministry of Agriculture issue a listing of all farms using genetically modified crop, in response to a lawsuit brought by France Nature Environment. An appeal is likely. Meanwhile, the French Academy for the Environment and Energy Management said that farmers are hesitant to use sewage sludge on crops, causing municipal officials to look for other disposal or management options. 

  • The European Parliament approved conciliation procedures with member governments, the EU Council of Ministers, and the European Commission to establish a Directive on National Emission Ceilings for Certain Atmospheric Pollutants to set controls on nitrogen oxides, sulfur dioxide, volatile organic compounds, and ammonia. The Parliament also agreed to support more stringent controls on emissions from "large combustion plants" in discussions with the Council of Ministers. At issue is the contemplated amendment of Directive 88/609/EEC. 

  • A sampling of imported grapes by the U.K. Agriculture Ministry found impermissibly high levels of pesticides. See http://www.pesticides.gov.uk

  • Russia's Supreme Court accepted a legal petition challenging the rejection, last year, by the Central and Regional Election Committees of some 600,000 signatures out of 2.5 million calling for a nationwide referendum on plans to change Russian legislation to allow the importation of spent nuclear fuel and radioactive waste. Russia's Atomic Ministry supports the statutory change, saying that over the next decade up to 20,000 tons of spent fuel could be imported from nations such as China, Germany, Japan, Korea, Spain, Switzerland, and Taiwan with contracts worth up to $21 billion. The Court will examine allegations by Greenpeace that at least 300,000 of the 600,000 discarded signatures were improperly rejected. 

  • A spokesman for Russia's Atomic Energy Ministry announced plans to construct a 60-megawatt floating nuclear power facility to be utilized in the White Sea. 

red bar graphic AFRICA



  • Lake Chad, bordered by Cameroon, Chad, Niger, and Nigeria had shrunken to such an extent that according to a University of Wisconsin scientist writing in the Journal of Geophysical Research, it is destined to become a mere "puddle." The lake, which 40 years ago covered 25,000 square kilometers, now encompasses only 1,350 square
    kilometers.

  • A number of African environment ministers and officials met in Dakar to plan for the "Rio+10" summit to be held in Johannesburg next year. 

  • A researcher at Oxford University released findings suggesting that elephants do not overbreed beyond the natural carrying capacity of their habitat. See http://news.bbc.co.uk/hi/english/sci/tech/newsid_1208000/1208970.stm

red bar graphic CANADA



  • Comments are due by Apr. 18 on proposed standards governing at-sea disposal. 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  

  • Chris Hodgson, the Minister of Municipal Affairs and Housing, promised that "brownfield" legislation would soon be introduced. 

  • An advisory group, the National Round Table on the Environment and the Economy, recommended increased expenditure on scientific research regarding chemical toxicity, particularly oriented toward pesticides. 

  • Auditor-General Denis Desautels issued a report, "Reflections on a Decade of Serving Parliament," which criticized the extent of cooperation between federal and provincial governments on environmental issues, including but not limited to greenhouse gas emission controls. See http://www.oag-bvg.gc/ca/domino/reports.nsf/html/01cap_e.html