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Weekly Update Volume 31, Issue 9

03/26/2001

LITIGATION

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


red bar graphic  CWA, INJUNCTION, POST-JUDGMENT MODIFICATIONS:

The Ninth Circuit held that a district court had jurisdiction and discretion to make post-appeal modifications of an injunction issued against a shipyard for CWA violations. The original injunction required the shipyard to test the water column around vessels being blasted or painted at its piers and docks by taking water samples "at the surface" and at each 20-foot interval below the water surface, and required it to capture all pier stormwater runoff in a "reasonably expeditious" manner. The court stayed the enforcement of these two measures, and the shipyard appealed the case. While the appeal was pending, the court lifted the stay and substituted testing "at the surface" with testing of the surface "microlayer," and replaced the "reasonably expeditious" capture of pier stormwater runoff with an 18-month deadline. Because the changes preserved the status quo and did not materially alter the status of the case on appeal, the court possessed jurisdiction to modify the injunction while the appeal was pending. The post-judgment modifications were minor adjustments that effectuated the underlying purposes of the original requirements. Likewise, the court acted within its sound discretion to make those modifications. Natural Resources Defense Council v. Southwest Marine, Inc., No. 00-55621 (9th Cir. Mar. 20, 2001) (9 pp.). 

red bar graphic  NEPA, MAJOR FEDERAL ACTION, PRELIMINARY INJUNCTION:

The Sixth Circuit affirmed the dismissal of a community association's motion for a preliminary injunction to halt the construction of a 4-lane, 77-mile highway around Nashville, Tennessee. Although the highway has been exclusively funded by the state, the association argued that the federal government failed to fulfill its obligations under NEPA to assess comprehensively the environmental consequences of constructing the highway through a largely rural area of middle Tennessee. The state's work on the highway, however, did not restrict or limit the federal decisionmakers' choice of reasonable alternatives when granting federal approvals for the highway construction. Further, because no federal agency has jurisdiction over the non-federal project, the federal defendants lack sufficient control or responsibility over the state highway to influence the project's outcome. Consequently, the project is not a major federal action and the district court did not abuse its discretion by deciding that the association was unable to show a substantial likelihood of success on the merits of its claim. Southwest Williamson County Community Ass'n v. Slater, No. 00-5075 (6th Cir. Mar. 14, 2001) (15 pp.).

red bar graphic  ESA, CRITICAL HABITAT, GULF STURGEON:

The Fifth Circuit held that the FWS' and National Marine Fisheries Service's failure to designate critical habitat for the Gulf sturgeon was arbitrary and capricious. Relying on the definitions of the destruction/adverse modification and jeopardy standards in 50 C.F.R. §402.02, the agencies concluded that designation of critical habitat would provide no additional benefit to the sturgeon beyond the protections currently available through jeopardy consultation. The regulation's definition of the destruction/adverse modification standard in terms of both survival and recovery, however, is facially invalid. Requiring consultation only where an action affects the value of critical habitat to both the recovery and survival of a species imposes a higher threshold than the statutory language permits. Consultation is required where an action affects recovery alone. Further, given the extent of the agencies' reliance on the invalid regulation, their decision not to designate critical habitat for the Gulf sturgeon was arbitrary and capricious. The agencies expressly found that designation of unoccupied critical habitat was necessary to the recovery, but not the survival, of the sturgeon, and the invalid regulation directly informed the agencies' conclusion that designation was not warranted. The agencies' failure to expressly consider the informational benefits of habitat designation, however, was not arbitrary or capricious given the ambiguity of the ESA's description of the "other relevant impacts" warranting consideration. Sierra Club v. U.S. Fish & Wildlife Service, No. 00-30117 (5th Cir. Mar. 15, 2001) (14 pp.).


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red bar graphic  OIL AND GAS LEASE, ROYALTY PAYMENTS, CONTRACT INTERPRETATION:

The Tenth Circuit reversed a district court decision interpreting a settlement agreement between the assignor and assignee of oil and gas leases as assigning the assignor of the leases additional royalty interests in leases owned by the assignee. The parties agreed that the assignments were intended to raise the revenue interest of the assignor by 4%. They disagreed, however, on the question of 4% of what? Contrary to the district court's interpretation, the agreement explicitly requires the assignee to increase the assignor's royalty interests under each lease the assignor's minerals are subject to, as referenced in the agreement, by 4%. Nowhere is the increase described as a portion of the assignee's interests. In fact, the agreement makes clear that it is the assignor's interest that will increase under the assignor's leases on the referenced wells. Moreover, the agreement references not only 11 of the 13 leases assigned to and now owned by the assignee, but 6 additional leases of the assignor as well. The assignee argued that it could not have agreed to convey something it did not own, but absent illegality, parties may contract as they see fit, even promising to convey items that are not in their possession or control. Further, the agreement cannot be rescinded on grounds of unilateral mistake because the assignee presented no evidence that the assignor knew about the assignee's mistaken interpretation. Scrivner v. Sonat Exploration Co., Nos. 99-6308 et al. (10th Cir. Mar. 21, 2001) (7 pp.).

red bar graphic  PROPERTY LAW, OIL AND GAS LEASE, MINING OPERATIONS:

The Seventh Circuit affirmed the dismissal of a landowner's breach of contract claim against a mining company that failed to restore the oil wells on the landowner's property after the company strip mined the property and ceased its mining activities. In 1956, the landowner purchased land, except for an oil and gas estate that had been leased since 1949. The sales contract included a restoration clause that required the landowner to restore the wells on the oil and gas estate back to operating use should the lessee take them out of production. In 1959, the landowner leased the coal estate in his land to a mining company. The 1959 lease was subject to the 1956 restoration clause. In 1975, the landowner acquired the oil and gas estate, which continued to be leased, and sold its property, except for the oil and gas estate, to the mining company. The oil wells on the oil and gas estate ran dry in 1989, and in 1992, the mining company paid the lessee to strip mine the area. In 1995, the landowner discovered that the wells were plugged and wanted the mining company to restore them back to operating condition. The landowner argued that when he acquired the oil and gas estate in 1975, he became the obligee of the 1956 contract's restoration clause and the mining company became the obligor. The right to demolish and strip mine the estate without obligation, however, fell on the lessee because the lessee obtained his lease before the restoration clause entered the chain of title. The fact that the lessee received payment from the mining company is immaterial because the lessee is free to do anything he wants to the estate due to the priority of his lease. Moreover, there was no demand that the lessee leave the wells in working condition for the benefit of the lessor. Further, because there was no more recoverable oil, the restoration clause's requirement that the wells be restored if taken out of production was not triggered because they were no longer producing oil.  Youngs v. Old Ben Coal Co., No. 00-2190 (7th Cir. Mar. 15, 2001) (10 pp.).


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red bar graphic  LACEY ACT, MENS REA:

The Ninth Circuit upheld the conviction of an individual charged with smuggling 10 baby parrots across the U.S. border in violation of the Lacey Act. The Lacey Act does not require knowledge of the particular law violated by the possession or other predicate act, so long as the defendant knows of its unlawfulness. Here, there was sufficient evidence to show that the individual knew what he did was unlawful. The parrots were concealed in a car, and he admitted to government officials that he knew importing birds was illegal. Further, the district court did not err in declining to instruct the jury that it could convict him of a lesser included offense because the evidence did not allow for it. Likewise, the court did not determine whether the district court erred in allowing a government witness to testify that the birds were worth $500 each because the testimony was harmless in light of the overwhelming and uncontradicted evidence. United States v. Santillan, No. 99-50773 (9th Cir. Mar. 14, 2001) (8 pp.).

red bar graphic PUBLIC LAND, SPECIFIC-INTENT OFFENSE, "WILLFULNESS":

The Ninth Circuit upheld an individual's conviction for digging a trench and maintaining barriers on public land and for failing to comply with a BLM notice of immediate suspension, in violation of the BLM's use and occupancy regulations, ordering him to remove the barriers and to fill the trench. The magistrate judge erred when he failed to instruct the jury that the government was required to prove that the individual was aware of the unlawfulness of his conduct in order to convict him under 43 U.S.C. §1733. The statute clearly states that the government must show that violations of BLM regulations were committed knowingly and willfully, and Congress' use of the word "willfully" compels the prosecution to establish that the individual was aware that the conduct in question was unlawful. Nevertheless, the magistrate judge's error was harmless. No reasonable jury could have found that the individual lacked knowledge that his conduct was unlawful after he received the BLM's notice. The conviction, therefore, was affirmed. United States v. Henderson, No. 00-10168 (9th Cir. Mar. 22, 2001) (10 pp.).

red bar graphic  SURFACE MINING, CUMULATIVE HYDROLOGIC IMPACT ASSESSMENT (CHIA), PRELIMINARY INJUNCTION:

A district court denied citizen groups' motion for a preliminary injunction to restrain West Virginia's environmental agency from issuing a surface mining permit that would allow a ridge top in the headwaters of Island Creek, West Virginia, to be mined. The groups claimed that in conducting the CHIA and reaching its conclusion, the agency violated several mandatory, nondiscretionary duties. The group claimed that the agency has insufficient data from baseline samples to predict flow during wet periods or rainfall events, that the material damage limits contained in the CHIA are inadequate, that Island Creek's placement on the CWA §303(d) list of streams impaired by pollution precludes the agency's findings that the operation is designed to prevent material damage to the stream, and that the lack of baseline data renders the monitoring plan useless. Although the agency could without much cost or delay easily remedy some of the deficiencies argued by the groups, it is unlikely that these deficiencies will sustain a final conclusion that the agency breached its duties. Moreover, the balance of harms weighs against granting the injunction, and the operation at issue is relatively small and in a hydrologically remote area. Ohio River Valley Environmental Coalition, Inc. v. Callaghan, No. 3:00-0058 (S.D. W. Va. Mar. 8, 2001) (14 pp.).

red bar graphic  CAA, NEW SOURCE REVIEW (NSR), PREVENTION OF SIGNIFICANT DETERIORATION (PSD):

The EPA Environmental Appeals Board (EAB) denied a petition to review an electric generating station's new source construction and minor source operation permit issued by Indiana's environmental agency under the state's minor source NSR permit program. The petitioners argued that the agency should have issued a federal PSD permit instead of the minor source NSR permit because the station's proposed facility is a major source of emissions. The EAB, however, does not have the authority to review permits issued under an approved state's minor source NSR program. Thus, it lacked jurisdiction. Likewise, because the EAB's jurisdiction to review PSD permits is limited to federal PSD permits actually issued, a state's decision not to issue a PSD permit is not reviewable. In re DPL Energy Montpelier Electric Generating Station, PSD Appeal No. 01-02 (EPA EAB Mar. 13, 2001) (8 pp.).


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red bar graphic  INSURANCE, "ACCIDENT," INHERENTLY INJURIOUS ACTS:

The New Hampshire Supreme Court held that a manufactured gas plant operator was not entitled to coverage for cleanup costs it incurred in connection with a contaminated area near the Merrimack River because the contamination caused by the operator was not accidental as required by its insurance policies. New Hampshire caselaw defines "accident" to exclude inherently injurious acts, notwithstanding what the insured may have subjectively intended or known about the consequences of those acts. Thus, the trial court did not err in applying the inherently injurious analysis to the conduct at issue even though the operator's conduct, at the time it took place, was both lawful and conformed to widely accepted industry standards and practices. Moreover, courts must focus on two inquiries in determining whether an act is not an accident under the inherently injurious standard. The first inquiry, which was not at issue in this case, is subjective and asks whether the insured actually intended to cause the resulting injury. The second inquiry asks whether the intentional act was so inherently injurious that it cannot be performed without a certainty that some injury will result. In making this second inquiry, the test is objective and should be conducted from the standpoint of a reasonable person in the position of the insured. Thus, the trial court did not err in conducting the inherently injurious analysis from the perspective of a reasonable company rather than from the perspective of the insured. EnergyNorth Natural Gas, Inc. v. Continental Insurance Co., No. 98-735 (N.H. Mar. 21, 2001) (7 pp.) (Amicus curiae included Laura A. Foggan of Wiley, Rein & Fielding in Washington DC).


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 amended the NESHAPs for ferroalloys production by establishing new emission limitations for ferromanganese and silicomanganese production in open submerged arc furnaces. 66 FR 16007 (3/22/01). 

  • EPA proposed to revise and clarify the general provisions for NESHAPs and the requirements for control technology determinations for major sources under CAA §112(g) and (j). 66 FR 16317 (3/23/01). 

  • EPA announced that it is soliciting contributions and input from the public on the third U.S. Climate Action Report, which is due to the United Nations Framework Convention on Climate Change by November 30, 2001. 66 FR 15470 (3/19/01).

  • EPA finalized its finding that the St. Louis ozone nonattainment area in Missouri and Illinois failed to attain the 1-hour ozone NAAQS by November 15, 1996, the attainment date for moderate nonattainment areas set forth in the CAA; the St. Louis area, therefore, will be reclassified from a moderate to a serious nonattainment area. 66 FR 15577 (3/19/01). 

  • EPA proposed to delay the effective date of its final rule finding that the St. Louis ozone nonattainment area in Missouri and Illinois failed to attain the 1-hour ozone NAAQS by the CAA's deadline and reclassifying the area to serious nonattainment until June 29, 2001. 66 FR 15591 (3/19/01). 

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red bar graphic  DRINKING WATER:



  • EPA temporarily delayed for 60 days the effective date of the rule entitled National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New Source  Contaminants Monitoring, which was published on January  22, 2001 ( 66 FR 6976). The rule establishes a health-based, non-enforceable maximum contaminant level goal for arsenic of zero and an  enforceable maximum contaminant level for arsenic of 0.01 mg/L for public water systems. In addition, it clarifies monitoring and  demonstration of compliance for new systems or sources of drinking  water. It also clarifies compliance for state-determined monitoring  after exceedances for inorganic, volatile organic, and synthetic  organic contaminants. Finally, it recognizes the state-specified time  period and sampling frequency for new public water systems and systems  using a new source of water to demonstrate compliance with drinking  water regulations. 66 FR 16134 (3/23/01). 

red bar graphic  ENDANGERED SPECIES:



  • FWS determined that the Aleutian Canada goose is no longer an endangered or threatened species under the ESA and, therefore, removed it from the list of endangered and threatened wildlife. 66 FR 15643 (3/20/01). 

red bar graphic  HAZARDOUS AND SOLID WASTE: 



  • The Research and Special Programs Administration (RSPA) issued a notice of proposed rulemaking that would amend the pipeline safety regulations to lower the reporting threshold for hazardous liquid pipeline spills from 50 barrels to 5 gallons. 66 FR 15681 (3/20/01).

  • RSPA proposed to extend the requirements for protection of populated areas, commercially navigable waterways, and areas unusually sensitive to environmental damage from hazardous liquid pipeline spills to those regulated hazardous pipeline operators who own or operate less than 500 miles of pipeline. 66 FR 15821 (3/21/01).

  • The Agency for Toxic Substances and Disease Registry announced the availability of a draft document, Public  Health Reviews of Hazardous Waste Thermal Treatment Technologies, which will assist in the agency's mission to reduce and prevent exposures and adverse health outcomes from exposure to hazardous substances. 66 FR 16248 (3/23/01). 

  • EPA entered into a proposed administrative settlement under CERCLA §122(h)(1) in connection with the Metro-Plating Superfund site in Detroit, Mich. 66 FR 15472 (3/19/01). 

  • EPA entered into a proposed prospective purchaser agreement under CERCLA in connection with the Doc's Auto Salvage site in Minneapolis, Minn. 66 FR 15471 (3/19/01). 

  • EPA entered into a proposed purchaser agreement under CERCLA in connection with the Exeter Superfund site in the city of Hopewell, Va. 66 FR 15471 (3/19/01). 

  • EPA entered into a proposed administrative order on consent under CERLCA §122(h) in connection with the Lehigh Portland Cement Company Superfund site in Mason City, Iowa. 66 FR 16232 (3/23/01).

  • EPA issued an exemption to the land disposal restrictions under RCRA to E.I du Pont de Nemours & Company, Inc., for class I injection wells located at Orange, Tex. 66 FR 16238 (3/23/01).

red bar graphic  PESTICIDES:



  • EPA announced the availability of a pesticide registration document that outlines the Agency's policy on insect repellents bearing claims for use specifically on infants and children and provides guidance to EPA personnel and decisionmakers, members of the regulated community, and the public. 66 FR 15868 (3/21/01).

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red bar graphic  WATER QUALITY:



  • EPA announced the availability for comment of its determination that TMDLs are not needed for 26 waterbody/pollutant combinations in the Mermentau and Vermilion/Teche River Basins in Louisiana because new data and information show that water quality standards are being met. 66 FR 15472 (3/19/01). 

red bar graphic  DOJ NOTICES OF SETTLEMENTS: 



  • U.S. v. Woodward Metal Processing Corp., No. 98-2736 (JWB/GDH) (D.N.J. Feb. 6, 2001) (a settling CERCLA defendant must pay $35,000 in past U.S. response costs incurred in connection with a removal action at the Woodward Metal Processing Corporation site in Jersey City, N.J.), 66 FR 15756 (3/20/01);

  • U.S. v. Petroleum Specialties, Inc., No. 99-72421 (E.D. Mich. Mar. 13, 2001) (settling CERCLA defendants must pay $25,000 in federal response costs incurred at the Petroleum Specialties, Inc., site in Flat Rock, Mich.), 66 FR 16293 (3/23/01).

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

THE CONGRESS

red bar graphic  COMMITTEE ACTION



  • S. 295 (small businesses; energy) was reported by the Senate Committee on Small Business. S. Rep. No. 4, 147 Cong. Rec. S2661 (daily ed. Mar. 21, 2001). The bill would provide emergency relief to small businesses affected by significant increases in the prices of heating oil, natural gas, propane, and kerosene.

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red bar graphic  BILLS INTRODUCED



  • S. 568 (Sessions, R-Ala.) (agriculture; energy costs) would amend the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001, to respond to the severe economic losses being incurred by crop producers, livestock and poultry producers, and greenhouse operators as a result of the sharp increase in energy costs or input costs from energy sources. 147 Cong. Rec. S2582 (daily ed. Mar. 20). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry. 

  • S. 585 (Crapo, R-Idaho) (Coeur d'Alene River Basin; natural resource damages) would provide funding for environmental and natural resource restoration in the Coeur d'Alene River Basin, Idaho. 147 Cong. Rec. S2662 (daily ed. Mar. 21, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 586 (Dodd, D-Conn.) (North American Free Trade Agreement (NAFTA)) would authorize negotiation for the accession of Chile to NAFTA and would provide for fast track consideration. 147 Cong. Rec. S2662 (daily ed. Mar. 21, 2001). The bill was referred to the Committee on Finance. 

  • S. 588 (Schumer, D-N.Y.) (CAA) would reduce acid deposition under the CAA. 147 Cong. Rec. S2662 (daily ed. Mar. 21, 2001). The bill was referred to the Committee on Environment and Public Works.

  • S. 597 (Bingaman, D-N.M.) (energy policy) would provide for a comprehensive and balanced national energy policy. 147 Cong. Rec. S2730 (daily Mar. 22, 2001). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 598 (Breaux, D-La.) (ergonomics) would provide for the reissuance of a rule relating to ergonomics. 147 Cong. Rec. S2730 (daily ed. Mar. 22, 2001). The bill was referred to the Committee on Health, Education, Labor, and Pensions. 

  • H.R. 1100 (Pombo, R-Cal. (ESA) would amend the ESA to improve the ability of individuals and local, state, and federal agencies to prevent natural flood disaster. 147 Cong. Rec. H1010 (daily ed. Mar. 20, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1116 (Lowey, D-N.Y.) (noise abatement) would reestablish the EPA Office of Noise Abatement and Control. 147 Cong. Rec. H1011 (daily ed. Mar. 20, 2001). The bill was referred to the Committees on Energy and Commerce, and Transportation and Infrastructure.

  • H.R. 1138 (Smith, R-Mich.) (CWA; livestock) would amend CWA §402 to provide that no permit shall be required for animal feeding operations within the boundaries of a state if the state has established and is implementing a nutrient management program for those animal feeding operations. 147 Cong. Rec. H1059 (daily ed. Mar. 21, 2001). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 1139 (Bono, R-Cal.) (U.S. Forest Service) would terminate the participation of the Forest Service in the Recreational Fee Demonstration Program. 147 Cong. Rec. H1059 (daily ed. Mar. 21, 2001). The bill was referred to the Committees on Resources, and Agriculture.

  • H.R. 1145 (English, R-Pa.) (SMCRA) would amend SMCRA to assure that the full amount deposited in the Abandoned Mine Reclamation Fund is spent for the purposes for which that fund was established. 147 Cong. Rec. H1059 (daily ed. Mar. 21, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1147 (English, R-Pa.) (Alaskan North Slope; oil and gas drilling) would prohibit the exportation of Alaskan North Slope crude oil. 147 Cong. Rec. H1059 (daily ed. Mar. 21, 2001). The bill was referred to the Committees on International Relations, and Resources.

  • H.R. 1156 (Simpson, R-Idaho) (water law) would preserve the authority of the states over waters within their boundaries and would delegate the authority of the Congress to states to regulate water. 147 Cong. Rec. H1060 (daily ed. mar. 21, 2001). The bill was referred to the Committees on the Judiciary, and Resources.

  • H.R. 1157 (Thompson, D-Cal.) (salmon habitat restoration) would authorize the Secretary of Commerce to provide financial assistance to the states of Alaska, California, Idaho, Oregon, and Washington for salmon habitat restoration projects in coastal waters and upland drainages. 147 Cong. Rec. H1060 (daily ed. Mar. 21, 2001). The bill was referred to the Committee on Resources. 

  • H.R. 1174 (Duncan, R-Tenn.) (public lands) would direct the Secretary of the Interior to dispose of all public lands administered by the BLM that have been identified for disposal under the federal land use planning process. 147 Cong. Rec. H1113 (daily ed. Mar. 22, 2001). The bill was referred to the Committee on Resources.

  • H.R. 1178 (Gibbons, R-Nev.) (SDWA) would amend the SDWA to provide grants to small public drinking water systems. 147 Cong. Rec. H1114 (daily ed. Mar. 22, 2001). The bill was referred to the Committee on Energy and Commerce.

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




IN THE STATES



red bar graphic ALABAMA


Dept. of Envtl. Management


MTBE Analysis



  • Studies show no evidence of methyl-tertiary butyl ether (MTBE) in drinking water in Alabama. State regulations require that only specified types of gasoline be sold in Jefferson and Shelby counties during the ozone season (June 1-Sept. 15). Gasoline must be low vapor pressure/low sulfur or federal Phase II Reformulated gasoline.
    See http://www.adem.state.al.us/EduInfo/PressReleases/3gassam.htm

Seasonal Open Burning Ban Extended



  • To Lawrence and Montgomery counties, May-Sept. A phased-in ban will begin this year in those counties. The first phase will require any individual or organization conducting this type of burning to use an "air curtain incinerator." Beginning in 2002, open burning will be prohibited in those counties during the ozone season. Open burning is currently banned in Baldwin, Jefferson, Madison, Mobile, and Shelby counties during these same months. See http://www.adem.state.al.us/EduInfo/PressReleases/3burnin.htm

Public Notices–Permit Applications 



Daily Ozone Forecast



Jefferson County Dept. of Health


Daily Air Quality Index



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red bar graphic ALASKA


Dept. of Envtl. Conservation


Spill Prevention Legislation Enacted




  • Legislation signed into law last year, S.B. 273, required the Alaska Railroad and non-tanker sea-going vessels of 400 or more gross tons to demonstrate the ability to pay for responding to oil spills and proposed a response planning standard (cleanup 15% of the vessel’s maximum oil storage capacity within 48 hours of an oil spill). The legislature established a task force to make recommendations on how industry should be allowed to implement the response planning standard. Enacted Senate Bill 16 incorporates the task force recommendations on how to implement the standard. See http://www.state.ak.us/local/akpages/ENV.CONSERV/press/2001/rel_0319.htm


Proposed Cruise Ship Legislation


red bar graphic ARIZONA


Dept. of Envtl. Quality


Development of an Aquifer Water Quality Standard for MTBE



Aquifer Protection-Rule Clarifications



Opening of Rulemaking Docket-Drinking Water



  • Purpose of rulemaking is to address statutory changes that will continue the monitoring assistance program (MAP) until Jan. 1, 2005, and make several changes related to uses of program funds. See http://www.sosaz.com/aar/2001/11/docket.pdf

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

Superfund Program-Proposed Registry Inclusions, Prospective Purchaser Agreements



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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


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 Multimedia 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



Proposed Response Action Regulations-Workshops Public Notice



Integrated Waste Management Board


Solid, Hazardous Waste Bill Tracking



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 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. 

Water Resources Control Board


Emergency Regulations



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



Effluent Dependent/Dominated Water Bodies



Office of Environmental Health Hazard Assessment


Prioritization of Toxic Air Contaminants



South Coast Air Quality Management District


Final Regulations-Mobile Source Credits



Workshop on Proposed Budget



Emergency Executive Orders Extended



Final Regulations



Proposed Regulations-RECLAIM Program



  • Final public hearing May 11. See http://www.aqmd.gov/hb/010335a.html The proposal includes: Temporarily separating power plants from the RECLAIM market for the next several years and requiring them to install air pollution controls on an expedited schedule; establishing a mitigation fee program, where power plants would pay to AQMD $7.50 per pound of nitrogen oxide emissions in excess of their RECLAIM credit holdings. AQMD would use the fees collected to seek emission reductions from mobile, area, and stationary sources. Excess emissions would be deducted from the facility's future account holdings. Once emission reductions were generated from the mitigation fees, deductions would be credited back to the facility's account; requiring other RECLAIM facilities that do not produce electricity but do emit more than 50 tons per year to submit compliance plans demonstrating how future RECLAIM allocations can be met; and creating a short-term Air Quality Investment Program for new and some small RECLAIM facilities to offset nitrogen oxide emissions by paying a fee of $7.50 per pound. In a related action, the Board agreed to pre-fund this program with $2 million.

Proposed Regulations-Priority Reserves



  • Proposed Amended Rule 1309.1-Priority Reserve would allow power plants to purchase PM10 emission reduction credits from AQMD's Priority Reserve for $25,000 per pound per day through 2003. AQMD's Priority Reserve is an account of emission reduction credits now available only to essential public service providers, such as publicly owned sewage treatment plants, as well as innovative technology and research projects. Public hearing Apr. 20. See http://www.aqmd.gov/hb/01032a.html

Proposed Regulations-New Source Review/RECLAIM



  • Rules 1303-Requirements and 2005-New Source Review for RECLAIM: The proposed amendments will revise the applicable modeling requirements in several subregions of the SCAQMD that are in attainment with state and federal ambient air quality standards. New or modified sources in attainment subregions will be allowed to increase their emissions provided such increase over the measured background concentration will not violate any air quality standard; BACT will be utilized; and offsets will be provided. Modeling requirements for sources in non-attainment subregions will remain the same. Public hearing Apr. 20. See http://www.aqmd.gov/hb/01032a.html

Proposed Regulations-Incorporation of NSPS, NESHAP Standards



  • Regulations IX-Standards of Performance for New Stationary Sources, and X-National Emission Standards for Hazardous Air Pollutants: Local air districts are authorized by EPA to implement federal standards set in 40 CFR Part 60, Standards of Performance for New Stationary Sources and Part 61, National Emission Standards for Hazardous Air Pollutants (HAPs). Periodic amendments to Regulations IX and X incorporate the new or amended standards by reference. Nine actions regarding NSPS and one NESHAP are proposed for incorporation into Regulations IX and X, respectively. Three of these changes will reduce HAPs. The others include clarifications and corrections, administrative changes, and changes to test methods and monitoring. Public hearing Apr. 20. See http://www.aqmd.gov/hb/01032a.html

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 Development Workshop



  • Mar. 29, re proposed amendments to Rule 1401–New Source Review of Toxic Air Contaminants, to update the list of 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. The workshop is being held to solicit comments regarding the proposed Rule 1401 amendments and potential Rule 1402 impacts. On June 15, 2001, a public hearing is scheduled for Proposed Amended Rule 1401 and a Report to the Board for Rule 1402 on the impacts resulting from the updated list of TACs. See http://www.aqmd.gov/pub_edu/notice_r1401_1402_2.html

red bar graphic COLORADO


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 9: 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

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red bar graphic CONNECTICUT


Dept. of Envtl. Protection


DEP-Endorsed Legislative Proposals



Final Regulations-General Permits


red bar graphic DELAWARE


Dept. of Nat. Resources and Envtl. Control


Notices of Violation



Regulatory Update/Public Notices


red bar graphic FLORIDA


Dept. of Environmental Protection


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

FY 2001 State Revolving Fund



  • Public hearing Apr. 18 regarding proposed management of the FY 2001 State Revolving Fund loan priority lists for wastewater and stormwater.

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

Florida Springs Task Force



Proposed Regulations-Solid Waste Management Facilities



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

Proposed Regulations-Air Quality



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

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

Update on Electronic Reporting/Permitting



Southwest Florida Water Management District


Proposed Regulations-Irrigation Wells



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

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

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

South Florida Water Management District


Proposed Regulations-Everglades Phosphorus Load



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

Proposed Regulations



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

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

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

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

  • Proposed rules would create a regional water shortage plan for Lake Okeechobee. See http://www.sfwmd.gov/

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



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red bar graphic HAWAII


Office of Envtl. Quality Control


Air Quality-Permit Applications



Environmental Impact Notices


red bar graphic IDAHO


Dept. of Envtl. Quality


Water Quality-Draft Guidance Documents




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


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. 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



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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



Open Regulatory Dockets



Feb. PCB Environmental Register



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



Strategic Planning Process



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red bar graphic INDIANA


Dept. of Envtl. Management


Final Regulations-Solid Waste



  • Amends 329 IAC 3.1 to require two paper copies and an electronic report of 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


red bar graphic IOWA


Dept. of Natural Resources-Envtl. Protection Commission


Commission Mar. 19 Meeting



Proposed Regulations-Waivers/Variances




  • Ch. 13, “Waivers or Variances from Administrative Rules,” Iowa Admin. Code.
    The purpose of this rulemaking is to adopt waiver rules to implement Iowa Code §17A.9A and Executive Order No. 11, signed by Governor Vilsack on Sept. 14, 1999. The proposed action is to adopt by reference the currently proposed new 561-Chapter 10, “Waivers or Variances from Administrative Rules.” Notice of Intended Action proposing 561-Chapter 10 was published in the Iowa Administrative Bulletin as ARC 0495B on February 21, 2001. Comments due Apr. 10. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html


Proposed Regulations-Air Quality




  • Amendments to Ch. 22, “Controlling Pollution,” Iowa Admin. Code. Item 1 incorporates the Department’s existing Title V Periodic Monitoring Guidance into the rule and allows the option for facilities to submit their own periodic monitoring plan. Periodic monitoring is required by 40 C.F.R. pts. 70.6 and 71.6 where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring. Item 2 adopts by reference 40 C.F.R. pt. 64, Compliance Assurance Monitoring (CAM) for major stationary sources of air pollution that are required to obtain operating permits under Title V of the Clean Air Act. The fundamental requirements of CAM are to: (a) monitor compliance in a manner that is sufficient to yield data that provide a reasonable assurance of compliance and allow an owner or operator to make an informed certification of compliance; (b) take necessary corrective actions in response to the monitoring data; (c) report on the results of such monitoring; and (d) maintain records of such monitoring. Comments due May 4; public hearing Apr. 27. See http://www.state.ia.us/dnr/organiza/epd/airoper/aqoper.htm and http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html


Proposed Regulations-Water Quality




  • Amendments to Ch. 60, “Scope of Title-Definitions-Forms-Rules of Practice,” and Ch. 64, “Wastewater Construction and Operation Permits,” Iowa Admin. Code. These amendments adopt by reference a new general permit for dewatering and process water discharge from mining and quarrying operations. Iowa Code §455B.173(12) allows the Commission to adopt general permits that will cover numerous facilities to the extent they are representative of a class of facilities that can be identified and conditioned by a single permit. The primary water quality concerns with discharges from mining and quarrying operations relate to suspended solids and pH. Therefore, a general permit with limits for those parameters and associated monitoring/reporting requirements will be protective of water quality. Under the terms of the general permit rule, the Department of Natural Resources could require an individual discharge permit if it was determined that the general permit was not protective enough or would cause violations of state water quality standards. The definition of “general permit” found in Chapter 60 is also being changed to conform with existing statute. In addition, some extraneous language is being eliminated and corrections are being made. Under present general permit rules, the information needed for a complete application is listed for each type of general permit. Inasmuch as the information required is clearly identified on the application forms, and the forms are rule–referenced documents, the item–by–item listing of the information is not needed. The public notice provisions for General Permits Nos. 1, 2, and 3 are also being consolidated and language relating to General Permit No. 3 is being added to Ch. 60. Comments due Apr. 10; hearing same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html


Proposed Regulations-Animal Feeding Operations




  • Amendments to Ch. 65, “Animal Feeding Operations,” Iowa Admin. Code. The proposed amendments add several provisions pertaining to certification and related fees for manure applicators, including implementation of statutory provisions that exempt certain family members from payment of the confinement site manure applicator certification fee. The proposed amendments would also convert differential expiration dates for manure applicator certificates to a uniform date, add four lakes as major water sources and make editorial corrections. The proposed amendments also change the definition of “freeboard” to allow for the gravity unloading of an aboveground manure storage tank provided the tank is equipped with redundant valves and barricades, and an emergency response plan is available on site. Comments due Apr. 24; hearing same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html



  • Proposed amendment would extend until July 1, 2002, the period during which the owner of a confinement feeding operation may remove and apply manure from a manure storage structure in accordance with a manure management plan that has been submitted to, but not yet approved by, DNR. Comments due Apr. 24; hearing same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html 


Final Regulations-Air Quality



Final Regulations-Water Quality



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red bar graphic KENTUCKY


General Assembly


Brownfields Legislation



Environmental Quality Commission


Natural Resources Bill Tracking-2001 Legislative Session



Dept. for Envtl. Protection, Division of Air Quality


Proposed Regulations



Permit Applications/Hearing Notices 



Dept. for Envtl. Protection, Division of Water


Final Regulations-Drinking Water 




  • Drinking water regulations were approved by the Administrative Regulations Review Subcommittee
    (ARRS) on Mar. 7. All regulations will be republished in the April Administrative Register. See http://water.nr.state.ky.us/dow/regs.htm#DW


Permit Applications


red bar graphic LOUISIANA


Dept. of Envtl. Quality


Proposed General Permit-Stormwater



Final Regulations-Air Quality



Final Regulations-Hazardous Waste



Final Regulations-Water Quality



Permit Applications



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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-Air Quality



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


Office of the Governor


"Green" Executive Order




  • Executive order creates a commission to make recommendations and set criteria for constructing and
    maintaining energy efficient and environmentally responsible state facilities, setting goals for the purchase of "green power" and outlining a comprehensive energy conservation strategy. See http://www.gov.state.md.us/gov/press/2001/mar/html/green.html


Commission on Environmental Justice and Sustainable Communities Executive Order



Dept. of the Environment


Interim Guidance-Cleanup Standards for Soil and Groundwater



Proposed Regulations-Air Quality




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


Oil Spill Prevention Advisory Committee-Final Report



Lead Poisoning Commission-Final Report



General Permit-Poultry Manure Management



Air Quality-Diesel Trucks



Public Meetings/Hearings



Water Quality Standard-Triennial Review



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. 


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red bar graphic MASSACHUSETTS


Dept. of Envtl. Protection


319 Nonpoint Source Pollution Competitive Grant Program-Request for Proposals



Proposed Regulations-Air Quality



Proposed Regulations-Hazardous Waste




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



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


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


Guidance-Wetlands



Guidance-Drinking Water Quality



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



Final Regulations-Drinking Water



Fiscal Year 2001 Recycling Industries Reimbursement Credit Grant Application



Enforcement Actions



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red bar graphic  MICHIGAN


Dept. of Envtl. Quality


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-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

Permitting Calendar



Permit Applications-Air Quality



Proposed Enforcement Consent Orders



Air Quality Division Newsletter



Surface Water Quality Division Bulletin



Surface Water Quality Division-Draft Regulations



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red bar graphic MINNESOTA


Pollution Control Agency


Proposed Regulations-Listed Metals Product Prohibitions



  • Proposed regulations would implement the Listed Metals in Specified Products program created by Minn. Stat. §115A.9651. If adopted, the proposed rule will make effective the recommendations of the Listed Metal Advisory Counsel (LMAC). The LMAC has recommended that the MPCA prohibit the distribution for sale or use of 22 “specified” or “new products” that contain “listed metals” as described in Minn. Stat. §115A.9651, Listed metals in specified products; enforcement. Comments due Apr. 18. See http://www.pca.state.mn.us/news/publicnotice/rule-0319a01.html

Proposed Regulations-Water Quality



  • MPCA is considering rule amendments that correct errors and omissions in the existing rules governing individual sewage treatment facilities. MPCA is proposing the following changes: (1) Reestablishment of the minimum suitable soil requirement for placement and use of mound systems. (2) Clarification of pipe requirements. (3) Clarify the cross-reference to existing Minn. Stat. §115.55, subd. 5a(c) and (d). Comments due Apr. 27. See http://www.pca.state.mn.us/news/publicnotice/rule-031901.html  

  • 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



Permit Applications, Other Notices



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red bar graphic  MISSOURI


Dept. of Natural Resources


Final Regulations-Air Quality



Proposed Regulations-Air Quality



Emergency Regulations-Drinking Water



Proposed TMDLs



Water Pollution Control-Permit Applications




red bar graphic MONTANA


Dept. of Envtl. Quality


303 List-Impaired/Threatened Waterbodies



Public Comment Notices


red bar graphic NEBRASKA


Dept. of Envtl. Quality


Proposed Regulations-General



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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


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



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red bar graphic NEW JERSEY


Dept. of Envtl. Protection


Coastal Zone Management-Section 309 Assessment



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, became 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



Current DEP Bulletin (Permit Applications; Proposed Regulations)




red bar graphic NEW MEXICO


Environment Department


Proposed Commercial Hazardous Waste Disposal Facility



Water Quality Control Commission


Proposed Regulations-Liquid Waste Disposal



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red bar graphic NEW YORK


Legislature


Budget Resolutions



  • The Senate passed a budget resolution (S.R. 946) that provides for restructuring and refinancing of the state's fiscally troubled superfund program. See http://www.senate.state.ny.us/Docs/press/press022.html. The Assembly followed with a resolution (A.R. 421) that provides a record level increase in funding for the environmental protection fund, including $28 million for municipal parks and waterfront rehabilitation and more than $60 million for open space land acquisition. It also includes funding for asthma projects and measures to stimulate the cleanup and remediation of brownfield sites. But while it would provide renewed financing for the superfund program, it would not restructure it. See http://assembly.state.ny.us/Press/20010320/ 

Dept. of Envtl. Conservation


Proposed Regulations-Radioactive Waste Disposal 



  • A proposed rulemaking was filed with the Department of State on Oct. 27, 2000, to regulate the disposal of the radioactive wastes generated by the extraction or concentration of uranium or thorium where such waste is not regulated by the U.S. Nuclear Regulatory Commission. The primary source of these wastes is sites where uranium and thorium were refined during and shortly following World War II. Under this amendment, these wastes must be disposed of as radioactive waste and in accordance with Part 380. The comment period, previously scheduled to close on Mar. 21, has been extended through Apr. 2. See http://www.dec.state.ny.us/website/enb/20010321/not0.html 

Proposed Sand, Gravel Mine



ALJ Rulings



Environmental Notice Bulletin (Permit Applications)



Permit Applications



DEC 2000 Report



Coastal Management Program Notices



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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



Division of Air Quality Draft Regulations



DENR Enforcement Data



Water Quality-Basinwide Assessment Reports


red bar graphic OHIO


Envtl. Protection Agency


OPEA Actions, Notices by County



Public Meetings



Pending Air Permits



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



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red bar graphic OREGON


Dept. of Envtl. Quality


Proposed TMDLs



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

Enforcement



Water Quality Permit Applications



Proposed Regulations-General 



Public Notices-Cleanup Remedies



Public Notices-Remedial Actions



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red bar graphic PENNSYLVANIA


Dept. of Envtl. Protection


NPDES Permit Applications



Water Resources Forums



  • 12 public forums through May 24 for the purpose of collecting public input on the Commonwealth's current and future water resource needs. Issues are (1) What one water resource need or issue do you feel needs greatest attention in your community?; (2) What tools do Pa. agencies need to help ensure adequate water supplies? See http://www.pabulletin.com/secure/data/vol31/31-12/510.html

Final Guidance Document



Draft Guidance Documents



Wetland Replacement Project Approved



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



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red bar graphic SOUTH CAROLINA


Dept. of Health and Envtl. Control


Emergency Regulation-Wetlands



  • Issued in response to U.S. Supreme Court decision in Solid Waste Agency. Intended to prevent loss of isolated wetlands.  

Proposed Regulations-Air Quality



  • Hearing May 17; comments due Apr. 23. Proposed amendments to Reg. 61-62.l, and to the State Implementation Plan to incorporate U.S. EPA "credible evidence" provisions (62 Fed. Reg. 8314 (Feb. 24, 1997)). See http://www.scstatehouse.net

Proposed Regulations-Water Quality



  • Hearing May 17; comments due May 23. Proposed amendments will provide consolidation of control criteria for sediment and erosion control; address methods and procedures for making permit calculations and related activities with regard to chemical specific and whole effluent toxicity permit limitations and other biological monitoring requirements; examine requirements for standard NPDES language and/or conditions, operation and maintenance of wastewater facilities, fecal coliform limits for land application and/or surface waters, monitoring frequencies, and miscellaneous administrative revisions. See http://www.scstatehouse.net

Permit Application Notices


red bar graphic  TENNESSEE


Dept. of Environment and Conservation


Proposed Regulations-Radioactive Materials



  • Proposed rules intended to bring DEC, Division of Radiological Health, standards into compliance with various changes that the U.S. Nuclear Regulatory Commission (NRC) has made to Title 10, C.F.R. The rulemaking affects Chapters 1200–2–4, 1200–2–5, 1200–2–7, 1200–2–8, 1200–2–10, and 1200–2–12. Its various additions and modifications will incorporate: new definitions and changes in low–level waste shipment manifest requirements, new definitions and additions to transportation of radioactive material requirements, bringing them into compatibility with those of the NRC and of the International Atomic Energy Agency, resolution of dual regulation of airborne radioactive material effluents, currently subject to regulation by both the Division of Radiological Health and the Division of Air Pollution Control under the CAA, clarification of the reciprocal recognition of licenses issued by the Division in areas under exclusive Federal jurisdiction, criteria for the release of individuals administered radioactive material as radiopharmaceuticals or permanent implants, changes to industrial radiography requirements, including certification of radiographers, use of two-man teams, and equipment performance requirements, radiological criteria for termination of radioactive material licenses, provision for the receipt, possession, use, transfer, ownership or acquisition of a radioactive drug that contains one microcurie (1 m Ci) of carbon–14 urea, revised definitions of "occupational dose," "member of the public," "public dose," "misadministration," changes to 1200–2–10–.13, Special Requirements for Issuance of Specific Licenses, affecting the manufacture, preparation or transfer for commercial distribution of radiopharmaceuticals containing radioactive material for medical use under group licenses. Hearing Apr. 23. See http://www.state.tn.us/environment/rad/radppo/apr2301sum.htm and http://www.state.tn.us/environment/rad/radppo/apr2301.htm

Permit Hearings



Draft TMDLs



Guidelines for the Land Application and Surface Disposal of Biosolids



Erosion and Sediment Control Handbook



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red bar graphic  TEXAS


Natural Resource Conservation Commission


Proposed Regulations-Injection Wells



Proposed Regulations-Air Quality



Proposed Regulations-Quadrennial Review of Ch. 332, Composting



Draft Guidance Documents



Permit Hearings



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

  • 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



Sunset Advisory Commission



Water Quality Management Plan-Draft Update



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red bar graphic  UTAH


Legislature


Radioactive Waste Taxes



Dept. of Envtl. Quality


Proposed Regulations-Drinking Water



Draft Regulations-Water Quality



Permit Applications


red bar graphic VERMONT


Dept. of Envtl. Conservation


Permit Applications



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red bar graphic VIRGINIA


Dept. of Envtl. Quality


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 Regulations-Air Quality



Draft TMDLs



Public Meeting, Hearing Notices



Sustainable Future II Conference


red bar graphic  WASHINGTON


Dept. of Ecology


Final Regulations



Semiannual Rule Agenda



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red bar graphic WEST VIRGINIA


Dept. of Envtl. Protection


DEP Directors Reorganization Announced



Public Notice Bulletin (Permit Applications, Proposed Regulations)


red bar graphic WISCONSIN


Dept. of Natural Resources


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



Proposed Regulations-Water Quality



  • Proposed regulations would address polluted runoff. For a summary of the rule changes, drafts of the proposed rules, and other information regarding restructuring of the state’s nonpoint source pollution programs, see http://www.dnr.state.wi.us/org/water/wm/nps/admrules.html Under the proposal, croplands within 1,000 feet of a lake or 300 feet of a stream or river will need to have vegetated buffers ranging from 10 feet to 35 feet wide along the waterway. Additional conservation measures will be required in concert with buffers of less than 35 feet wide. The previously proposed requirement to reduce erosion from these croplands to one-third of "T," the tolerable soil loss standard, has been eliminated. The proposal also includes criteria to determine whether farmers are eligible for financial assistance to use or install runoff control measures. The definition of new and expanding operations now focuses on how they 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



Strategic Plan for Wisconsin Lakes Partnership



Natural Resources Bd., Mar. 28 Agenda



Air Rules Development



Public Hearing and Meeting Schedule



red bar graphic WYOMING


Dept. of Environmental Quality


Coal Bed Methane-Guidance Documents



Final Regulations-Air Quality



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

INTERNATIONAL

red bar graphic GENERAL



  • UNEP Executive Director Klaus Toepfer said trade agreements should address environmental impact statements, noting that prior agreements "in some cases, have led to greater environmental degradation and increased poverty." He noted that "[o]ne part of the solution is for trade and environment policy-makers to work together to develop mutually supportive trade and environment policies," and that "[o]nly when you know the likely consequences of a policy decision can you take the necessary remedial action. See http://www.unep.org/Documents/Default.asp?DocumentID=76&ArticleID=1115 

  • World Water Day, Mar. 22, was the occasion for a number of statements regarding the status of water quality and supply. In the words of Director Toepfer,  "[t]he level of suffering and misery represented by [polluted water supplies is] almost beyond comprehension," and "it is the children and women who suffer most." He added that "[w]ater is the key resource and as we can never create more water, we must act to improve the health of the water we have, in both quantitative and qualitative terms." See http://allafrica.com/stories/printable/200103220008.html and http://www.unep.org/MediaRoom/pressrelease/Default.asp

  • UNESCO Director-General Koïchiro Matsuura said "[t]his year, the highly pertinent theme is 'Water and Health.' It falls to the World Health Organization to lead celebrations. It is fitting indeed that human health should furnish the theme for World Water Day 2001. Health is the prerequisite for any development at all. To provide safe, clean water for drinking and sanitation is simply the fundamental condition for bettering the human lot. We are especially thinking here of the world’s regions most afflicted by poverty. We cannot stand idly back when we know that 1.2 billion people, throughout the planet’s developing countries, still enjoy no adequate access to safe sources of fresh water. Twice as many are yet denied access to proper sanitation services. Soiled water sickens and kills. Clean water heals. Water, with air, is the very element of life. This is what 'Water and Health' here so eloquently tells us.” See http://www.unesco.org/opi/eng/unescopress/2001/01-44e.shtml

  • Two out of every three people in the world will be facing water shortages by 2025, says a report issued on World Water Day by the U.K. relief and development agency Tearfund. The report, "Running on Empty," states that the world’s water supply is not keeping pace with demands being made upon it. Consumption rose six-fold between 1900 and 1995, more than twice the rate of population growth. The report says that while England and other prosperous areas of the world will cope with falling water supplies due to efficient water management, poorer countries will suffer on a massive scale, making it harder for them to escape poverty. See http://www.tearfund.org/

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red bar graphic CLIMATE CHANGE



  • Criticism of U.S. President Bush's new stance continued, with U.N. Framework Convention on Climate Change Executive Secretary secretariat Michael Cutajar rejecting U.S. complaints that developing countires such as India and China have not been targeted for initial emission reductions. He said "[t]the emissions of carbon dioxide from fuel combustion (the mainsource of greehouse gases) in developing countries was some two tonnes per head," while "the per capita average of the developed countries was about 12 tonnes of these emissions, with the US alone emitting more than 20 tonnes per head." He argued that "fairness suggests that the developed countries act first to limit emissions. See http://www.timesofindia.com/220301/22worl2.htm

  • A fellow with the Council on Foreign Relations, however, supported Bush's decision. See http://www.nytimes.com/auth/login?URI=http://www.nytimes.com/2001/03/23/opinion/23VICT.html

red bar graphic CENTRAL/SOUTH AMERICA



  • A 40-story tall oil rig, owned by the Brazilian petrochemical company Petrobas, sank after a series of unexplained explosions. Two of the 175 workers were killed, and 8 others are missing, presumed dead inside the sunken rig. The loss of the rig may have significant implications for Brazil's economy and for energy production. The rig had produced a daily output of 83,000 barrels, 6% of Petrobras' total production. The loss, occurring 75 miles offshore, is not expected to result in significant environmental impact.

  • Four Columbian state governors, visiting Washington, D.C., said that the U.S.-Columbian "war on drugs" is having a significant, adverse effect on human health and the environment. See also http://www.washingtonpost.com/wp-dyn/articles/A12604-2001Mar15.html The U.K. said it would help develop a monitoring system. 

red bar graphic ASIA/MIDDLE EAST


red bar graphic EUROPE



  • A scathing European Commission report cited France, Germany, and the U.K. as among Europe's worst water polluters and said enforcement actions are imminent. The report referenced 11 cities in the U.K. that were discharging improperly treated waste water and sewage. France and Germany were criticized for inaccurate or incomplete data gathering and reporting. See http://news.bbc.co.uk/hi/english/world/europe/newsid_1229000/1229922.stm


red bar graphic AFRICA



  • Klaus Topfer, UNEP director, said that development of Kenya's geothermal fields could lessen damage to forests and thereby reduce air pollution and the greenhouse-gas effect. He added that using cleaner sources also gives developing countries such as Kenya "a chance to bypass the polluting energy path of developed countries." See http://www.csmonitor.com/durable/2001/03/21/fp7s2-csm.shtml