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Weekly Update Volume 35, Issue 25

09/06/2005

LITIGATION

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


NEPA, APA, GLOBAL WARMING:

A district court held that environmental groups may go forward with their APA and NEPA claims against the Overseas Private Investment Corporation (OPIC) and the Export-Import Bank of the United States (Ex-Im) for providing assistance to projects that contribute to climate change without complying with the two Acts. The groups demonstrated that it is reasonably probable that emissions from projects supported by OPIC and Ex-Im will threaten the groups' concrete interests. Likewise, the groups demonstrated that OPIC's and Ex-Im's decisions could be influenced by further environmental studies; thus, they have sufficiently demonstrated redressability. The groups also demonstrated causation. The groups, therefore, have standing. In addition, the groups are challenging a "final agency action." Their suit does not broadly challenge the day-to-day operations of Ex-Im or OPIC, but rather, challenges those agencies' discrete determinations that the projects they support do not, on a cumulative basis, have a significant environmental impact. Last, OPIC's organic statute does not preclude judicial review, and environmental procedures in OPIC's statute do not displace NEPA. OPIC's and Ex-Im's motion for summary judgment, therefore, was denied. Friends of the Earth, Inc. v. Watson, No. C 02-4106 JSW, 35 ELR 20179 (N.D. Cal. Aug. 23, 2005) (White, J.) (10 pp.).


CWA, WETLANDS, DREDGE AND FILL PERMITS:

A district court denied environmental groups' motion to preliminarily enjoin the filling of and construction of a shopping, sports, entertainment, and hotel complex on 7.69 acres of wetlands in East Rutherford, New Jersey. The groups failed to establish a likelihood of success on the merits of their claim. The U.S. Army Corps of Engineers' definition of the overall project purpose and its determination that no practicable alternatives existed were neither arbitrary and capricious nor contrary to law. The groups also failed to establish irreparable harm. The mitigation required by the permit is sufficient to compensate for any aquatic resources that may be impacted by the filling. Moreover, the wetlands at issue are fragmented from other wetlands in the area, contaminated in excess of New Jersey standards, heavily disturbed by previous human activities, and dominated by flora having lower relative functional value as wildlife habitat. And the balance of the relative harms does not favor the groups, which weighs against the imposition of a preliminary injunction. Sierra Club v. United States Army Corps of Engineers, No. Civ.A. 05-1724JAP, 35 ELR 20180 (D.N.J. Aug. 29, 2005) (Pisano, J.) (24 pp.).


INSURANCE, ADMINISTRATIVE CLEANUP ORDERS:

The Supreme Court of California held that an oil company's insurer must indemnify the company for environmental cleanup and abatement costs ordered by a state administrative agency. In a previous case concerning another insurer of the company, the court held that the insurer's duty to indemnify the company for "all sums that the insured becomes legally obligated to pay as damages" under the standard comprehensive general liability insurance policy involved in that case was limited to "money ordered by a court" and did not extend to administrative cleanup orders. Here, however, the express wording of the excess/umbrella policies at issue goes well beyond mere coverage for court ordered money damages and is broad enough to include coverage for the liability of environmental cleanup and response costs ordered by an administrative agency. Powerine Oil Co. v. Superior Court of Los Angeles County, No. S113295, 35 ELR 20176 (Cal. Aug. 29, 2005) (34 pp.).


INSURANCE, ADMINISTRATIVE CLEANUP ORDERS:

The Supreme Court of California held that an insurance company need not indemnify a county for expenses it incurred in responding to an administrative agency order requiring it to remediate environmental contamination at a county landfill. The nonstandard, excess third-party liability policy at issue obligates the insurer to indemnify the county for all sums the insured becomes obligated to pay by reason of liability imposed by law for "damages" resulting from the destruction or loss of use of tangible property. The term "damages" limits the indemnification obligation to court ordered money judgments, and administratively imposed expenses do not constitute "money ordered by a court." County of San Diego v. Ace Property & Casualty Insurance Co., No. S114778, 35 ELR 20177 (Cal. Aug. 29, 2005) (28 pp.).


Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.


THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register (FR).


AIR:



  • EPA extended the deferred effective date of air quality designations for 14 areas of the country that have entered into early action compacts to reduce ground-level ozone pollution earlier than required by the CAA. 70 FR 50988 (8/29/05).

  • EPA authorized the use of 610,665 kilograms of methyl bromide for supplemental critical uses in 2005 through the allocation of additional critical stock allowances, and amended the list of exempted critical uses for methyl bromide. 70 FR 51270 (8/30/05).

  • EPA withdrew parts of its direct final amendments to the NESHAPs for miscellaneous organic chemical manufacturing in response to adverse comments. 70 FR 51269 (8/30/05).

  • EPA amended a final rule issued under CAA §110 related to the interstate transport of nitrogen oxides from the state of Georgia. 70 FR 51591 (8/31/05).

  • EPA proposed amendments to the NESHAPs for integrated iron and steel manufacturing that would add a new compliance option, revise emission limitations, reduce the frequency of repeat performance tests for certain emissions units, add corrective action requirements, and clarify certain monitoring, recordkeeping, and reporting requirements. 70 FR 51306 (8/30/05).

  • EPA proposed to authorize the use of 610,665 kilograms of methyl bromide for supplemental critical uses in 2005 through the allocation of additional critical stock allowances, and proposed to amend the list of exempted critical uses for methyl bromide (see above for direct final rule). 70 FR 51317 (8/30/05).

  • EPA announced the availability of a second external review draft of the revised air quality criteria for ozone and related photochemical oxidants. 70 FR 51810 (8/31/05).

  • EPA solicited comments, data, and information for determining how to calculate the reductions in volatile organic compound (VOC) emissions achieved in ozone nonattainment and maintenance areas from the implementation of rules that limit the VOC content of architectural coatings. 70 FR 51694 (8/31/05).

  • EPA announced a proposed consent decree in Our Children's Earth Foundation v. U.S. EPA, No. C 05-00094 CW (N.D. Cal.), that requires EPA to review and, if appropriate, revise the new source performance standards for petroleum refineries and equipment leaks under CAA §111(b). 70 FR 51040 (8/29/05).

  • SIP Proposal: California (particulate matter; San Joaquin Valley district), 70 FR 51303 (8/30/05).

HAZARDOUS & SOLID WASTE:



  • EPA entered into a proposed administrative settlement under CERCLA that requires the settling parties to pay $858,433, plus interest, in past EPA response costs incurred at the Vega Alta Public Supply Wells Superfund site in Vega Alta, Puerto Rico. 70 FR 51061 (8/29/05).

  • EPA entered into a proposed prospective purchaser agreement under CERCLA for a portion of the Circuitron Corporation Superfund site in East Farmingdale, New York, that would allow EPA to recover some of its response costs through an auction for the property and would protect the property purchaser from being held liable for past contamination. 70 FR 51060 (8/29/05).

  • EPA entered into a proposed administrative settlement under CERCLA that requires the settling parties to pay for past and future response costs and to undertake removal activities at the Anniston Lead and Anniston PCB Superfund sites in Anniston, Alabama. 70 FR 52381 (9/2/05).

  • EPA modified an exemption to the land disposal restrictions under RCRA to allow Vickery Environmental, Inc., to continue to inject RCRA-regulated hazardous wastes into four Class I injection wells at its Vickery, Ohio, facility. 70 FR 52097 (9/1/05).

  • EPA proposed to grant a petition to exclude wastewater treatment plant sludge generated at the Saturn Corporation facility in Spring Hill, Tennessee, from the requirements of the hazardous waste regulations under RCRA. 70 FR 51696 (8/31/05).

  • EPA granted a petition to modify an exclusion from the lists of hazardous wastes previously granted to BMW Manufacturing Co., LLC, in Greer, South Carolina. 70 FR 51638 (8/31/05).

PUBLIC LAND:



  • NPS announced the availability of a draft EIS and draft general management plan for Ebey's Landing National Historical Reserve in northwestern Washington. 70 FR 52444 (9/2/05).

TOXIC SUBSTANCES:



  • EPA denied a petition from the Ecology Center of Ann Arbor, Michigan, to establish regulations prohibiting the manufacture, processing, distribution in commerce, use, and improper disposal of lead wheel balancing weights. 70 FR 51061 (8/29/05).

  • EPA announced the availability of the preliminary human health and ecological risk assessments and related documents for permethrin, a synthetic pyrethroid insecticide. 70 FR 51790 (8/31/05).

WATER:



  • EPA announced the availability of its 2005 review of effluent guidelines and pretreatment standards and the availability of its preliminary 2006 effluent guidelines program plan as mandated by the CWA. 70 FR 51042 (8/29/05).

WILDLIFE:



  • FWS determined endangered status for the scimitar-horned oryx, addax, and dama gazelle throughout their ranges. 70 FR 52319 (9/2/05).

  • FWS amended regulations promulgated under the ESA to authorize certain otherwise prohibited activities for U.S. captive-bred live specimens of scimitar-horned oryx, addax, and dama gazelle that enhance the propagation or survival of these endangered species. 70 FR 52310 (9/2/05).

  • FWS announced the availability of the annual report on marine mammals for the combined calendar years 1999 and 2000. 70 FR 51841 (8/31/05).

  • FWS announced a five-year review of Aleutian shield fern under ESA §4(c)(2)(A). 70 FR 51840 (8/31/05).

  • FWS prescribed the hunting seasons, hours, areas, and daily bag and possession limits for various migratory birds during the 2005-2006 season. 70 FR 51945 (8/31/05).

  • FWS issued final early-season frameworks from which the states, Puerto Rico, and the Virgin Islands may select season dates, limits, and other options for the 2005-2006 migratory bird hunting seasons. 70 FR 51521 (8/30/05).

  • FWS announced the availability of draft economic analysis for the proposed designation of critical habitat for the annual wetland herb Navarretia fossalis. 70 FR 51742 (8/31/05).

  • FWS announced the availability of draft economic analysis for the proposed designation of critical habitat for the wetland plant San Jacinto Valley crownscale. 70 FR 51739 (8/31/05).

  • FWS announced the availability of the draft economic analysis and draft EA for the proposal to list as endangered and designate critical habitat for the Gila chub. 70 FR 51732 (8/31/05).

  • FWS announced the availability of the draft habitat conservation plan, natural community conservation plan, draft implementing agreement, and draft EIS/environmental impact report for a proposed 30-year permit for the taking of 28 endangered or threatened species incidental to proposed urban development activities, rural infrastructure projects, and preserve management activities within a 175,435-acre planning area in eastern Contra Costa County, California. 70 FR 52434 (9/2/05).

  • FWS announced the availability of a draft EA and a draft economic analysis for the proposal to add all forms of live black carp to the list of injurious fish, mollusks, and crustaceans under the Lacey Act. 70 FR 51326 (8/30/05).

  • FWS announced the availability of a proposed amendment to the Environmental Defense, Inc., safe harbor agreement for the endangered Black-capped vireo and Golden-cheeked warbler that would expand the agreement to include 12 additional counties in the Hill Country of Texas. 70 FR 51088 (8/29/05).

  • FWS and the National Forest Service announced that the Federal Subsistence Board undertook in-season management actions that provide an exception to the subsistence management regulations for public lands in Alaska to protect moose populations in Unit 22 and caribou populations in Unit 9. 70 FR 50978 (8/29/05).

  • NMFS designated critical habitat in Idaho, Oregon, and Washington for 12 evolutionarily significant units (ESUs) of endangered West Coast salmon and steelhead. 70 FR 52629 (9/2/05).

  • NMFS designated critical habitat in California for two ESUs of endangered chinook salmon and five ESUs of endangered steelhead. 70 FR 52487 (9/2/05).

  • NMFS issued an incidental harassment authorization to Eglin Air Force Base to take marine mammals by harassment incidental to Naval Explosive Ordnance Disposal School training operations off Santa Rosa Island, Florida. 70 FR 51341 (8/30/05).

DOJ NOTICES OF SETTLEMENT:



  • United States v. Carrier Corp., CV 05-6022 ABC (RCx) (C.D. Cal. Aug. 17, 2005). A settling CERCLA defendant must pay a civil penalty, reimburse the United States a portion of past response costs, pay future oversight costs incurred by EPA, and perform a portion of the interim remedy at the Puente Valley Operable Unit of the San Gabriel Valley Superfund site, Area 4, in Los Angeles County, California. 70 FR 52127 (9/1/05).

  • United States v. Novelis Corp., Civil No. 05-1046 (N.D.N.Y. Aug. 18, 2005). A settling CERCLA defendant must pay $572,000 in reimbursement of past response costs to settle claims relating to the Pollution Abatement Services, Inc., Superfund site in Oswego, New York, and the Fulton Terminals sites in Fulton, New York. 70 FR 52128 (9/1/05).

Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.


THE CONGRESS

Congress is currently in recess but will reconvene September 6, 2005.


Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.


IN THE STATES

The entries below cover the most recent state developments. The entries are arranged by state, and within each section, entries are further subdivided by subject matter area. For a cumulative listing of materials reported by ELR since July 14, 2005, visit our list of Cumulative State Developments Arranged by State, or our list of Cumulative State Developments Arranged by Subject Matter. For state material reported prior to July 14, 2005, visit the ELR Archives.


The states below have updates this week:

Alabama
Iowa
Nebraska
Utah

Arizona
Louisiana
Nevada
Virginia

Arkansas
Maine
New Hampshire
Washington

California
Massachusetts
North Carolina
West Virginia

Delaware
Minnesota
South Carolina
Wisconsin

Hawaii
Missouri
Texas
Wyoming

 


ALABAMA


Water:



  • The Alabama Department of Environmental Management (ADEM) proposes to amend ADEM Admin. Code Ch. 335-6-7, concerning NPDES best management practices; registration requirements; technical standards and guidelines; construction and operation requirements; wastewater and waste product pretreatment, storage, handling, transport, and disposal/land application; nutrient management, and animal mortality management requirements for owners and operators of animal feeding operations and concentrated animal feeding operations. Written comments are due October 13, 2005. A public hearing will be held October 6, 2005. See http://www.adem.state.al.us/PublicNotice/Aug/8Div7.htm

ARIZONA


Hazardous & Solid Wastes:



  • The Arizona Department of Environmental Quality is proposing to amend the Water Quality Assurance Revolving Fund Prospective Purchaser Agreement Fee Rule (18 A.A.C. 7, Art. 3). The existing rule establishes a fee for the preparation of a prospective purchaser agreement, pursuant to A.R.S. §49-285.01(H). After evaluating the cost of completing a prospective purchaser agreement, the Department determined that the actual cost to the Department is different from the fee in the current rule. The amendment will make the fee rule more closely reflect the actual costs of the activity. Comments are due September 9, 2005. A public hearing will be held September 7, 2005. See http://www.azsos.gov/aar/2005/32/proposed.pdf

ARKANSAS


Hazardous & Solid Wastes:



  • The Arkansas Pollution Control and Ecology Commission is proposing revisions to the Commission’s Regulation 23 (Hazardous Waste Code). Proposed changes incorporate new federal rules and revisions published by U.S. EPA between April 22, 2004, and August 5, 2005, including extended waste accumulation times for facilities participating in EPA’s National Performance Track program; the addition of specific wastes from dye and food colorant production processes as hazardous waste; the adoption of a national uniform hazardous waste manifesting system; increased flexibility in the selection of analytical procedures used to measure the concentrations of hazardous wastes and substances; and the adoption of mercury-containing devices under the state and federal universal waste management program. Proposed revisions to the state-specific rules in Regulation 23 include a correction to the definition of flammable compressed gases and oxidizers as ignitable hazardous wastes; deletion of the Notification of Regulated Waste Activity Form; and a correction to the fee schedule for renewal of post-closure permits for hazardous waste treatment, storage, and disposal facilities. Written comments are due October 18, 2005. A public hearing will be held October 4, 2005. See http://www.adeq.state.ar.us/ftproot/Pub/pa/Regulation_Notices/2005-08-31_Notice_of_Public_Hearings_for_Regulations_23_and_29.mht

Land Use:



Toxic Substances:



  • The Arkansas Pollution Control and Ecology Commission is proposing changes to Commission Regulation No. 12, which governs the Arkansas Regulated Storage Tank (RST) program. Proposed revisions to Regulation No. 12 generally are being offered in order to comply with recent state legislation affecting the state’s RST program. The proposed changes include a provision to add letters of credit and cash bonds to be used as forms of financial assurance for licensed installers and testers of USTs; an increase of the annual registration fee from $50 to $75; addition of language giving the Arkansas Department of Environmental Quality the right of subrogation in cost recovery matters; changes to the portion of the regulation dealing with interim payments for reimbursement of remedial actions; elimination of provisions for issuance of a Certificate of Eligibility; and addition of language to exclude from registration requirements aboveground storage tanks located on farms whose contents are used solely for agricultural purposes. Written comments are due October 10, 2005. A public hearing will be held September 26, 2005. See http://www.adeq.state.ar.us/ftproot/Pub/pa/Regulation_Notices/2005-08-31_Notice_of_Public_Hearing_on_Regulation_12.mht

CALIFORNIA


Air:



  • The California Air Resources Board will hold a public hearing to consider proposed amendments to the diesel particulate control measure for on-road heavy-duty residential and commercial solid waste collection vehicles for the South Coast air quality management district on September 15-16, 2005. See http://www.arb.ca.gov/regact/scswcv05/notice.pdf

  • The California Air Resources Board will hold a public hearing to consider the adoption of a clean on-road school bus regulation for school buses operating in the South Coast air quality management district on September 15-16, 2005. See http://www.arb.ca.gov/regact/scschl05/notice.pdf

  • The California Air Resources Board will hold a public hearing to consider amendments to the exhaust emission standards for 2007-2009 model-year heavy duty urban bus engines and the fleet rule for transit agencies on September 15-16, 2005. See http://www.arb.ca.gov/regact/sctransit/notice.pdf

  • The California Air Resources Board will hold a public hearing to consider amendments to the regulations of portable fuel containers on September 15-16, 2005. See http://www.arb.ca.gov/regact/pfc/2005/notice.pdf

Toxic Substances:



  • The Office of Environmental Health Hazard Assessment announced that documents and other information that the agency has relied upon in proposing the amendment to Title 22, California Code of Regulations, Section 12805, Specific Regulatory Levels: Chemicals Causing Reproductive Toxicity (Proposition 65 Maximum Allowable Dose Level for Reproductive Toxicity for Di(2-ethylhexyl)phthalate by Intravenous Injection), have been added to the rulemaking file, OAL FILE Z-01-1019-06. The written comment period is extended to September 15, 2005. See http://oehha.org/prop65/law/DEHP_IVclear.html

  • The Office of Environmental Health Hazard Assessment announced that documents and other information that the agency has relied upon in proposing the amendment to Title 22, California Code of Regulations, Section 12805, Specific Regulatory Levels: Chemicals Causing Reproductive Toxicity (Proposition 65 Maximum Allowable Dose Level for Reproductive Toxicity for Di(2-ethylhexyl)phthalate by Oral Exposure), have been added to the rulemaking file, OAL FILE No. Z-05-0614-06. Written comments are due September 15, 2005. See http://oehha.org/prop65/law/dehporalclear.html

Water:



  • The State Water Board will hold a workshop to receive comments on whether it should develop a statewide policy to implement federal CWA §316(b) regulations on cooling water intake structures. The Board also seeks public comment on the issues that should be addressed in any statewide policy that may be developed. The workshop will primarily focus on the control and/or mitigation of entrainment and impingement of marine life related to power generating facility intake structures. An agenda will be posted by September 9, 2005 at: http://www.waterboards.ca.gov/plnspols/index.html. The workshop will be held September 26, 2005. See http://www.waterboards.ca.gov/plnspols/docs/workshop316b092605.pdf

DELAWARE


Toxic Substances:



  • The Delaware Department of Natural Resources and Environmental Control (DNREC) prepared an Arsenic Risk Management Proposal-Draft Background Document in response to Gov. Ruth Ann Minner's June 9, 2005, directive to DNREC Secretary John Hughes to "review . . . and propose appropriate standards and policies" for arsenic in soil, focusing on ensuring the health and safety of Delawareans, and to solicit public input on the draft arsenic standard prior to adoption. Public workshops will held on September 8, 14, and 22, 2005, to provide opportunities for the public to obtain information on the arsenic proposal, and provide comments and input to the DNREC. See http://www.dnrec.state.de.us/dnrec2000/Admin/Press/PublicNotices/PNDetail.asp?NOVID=1611

Water:



  • The Delaware Department of Natural Resources and Environmental Control proposed revisions to the regulations governing stormwater discharges associated with industrial activities. Highlights include: (1) a conditional "no exposure" exclusion that allows facilities with industrial materials and activities entirely sheltered from stormwater a simplified way to comply with the permitting requirements; and (2) benchmark monitoring that requires facilities with a high potential to discharge a pollutant at concentrations of concern to conduct semi-annual analytical monitoring of stormwater samples for comparison with benchmark monitoring concentration values used for indications of potential impairment of water quality in water bodies receiving the stormwater discharge. Written comments are due October 3, 2005. A public hearing will be held September 29, 2005. See http://www.dnrec.state.de.us/DNREC2000/Admin/Press/PublicNotices/PNDetail.asp?NOVID=1608

HAWAII


Wildlife:



  • The Department of Land and Natural Resources and the Hawaii State Legislature will hold a public meeting to discuss Hawaii’s marine resources (especially fisheries) and the steps that are needed to ensure their sustainability into the future. The meeting will be held on September 8, 2005. See http://www.hawaii.gov/dlnr/chair/pio/HtmlNR/05-N84.htm

IOWA


Wildlife:



  • The Iowa Natural Resource Commission announced its intention to amend Chapter 81, “Fishing Regulations,” Iowa Administrative Code. The proposed amendment prohibits snagging of fish in the Des Moines River below the two dams in Fort Dodge and from the Ventura Grade, Jetty, and Bridge in Clear Lake and Ventura Marsh. Public hearings will be held September 21 and 22, 2005. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB050831.htm

  • The Iowa Natural Resource Commission announced its intention to amend Chapter 86, “Turtles,” Iowa Administrative Code. The proposed amendments remove map turtles from the list of permissive catch, prohibit the harvest of turtle eggs from wild nests, and modify the language pertaining to the escape hole on turtle traps to ensure that the escape hole is functional. Public hearings will be held September 20, 22, 28, and 29, 2005. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB050831.htm

  • The Iowa Natural Resource Commission announced its intention to amend Chapter 87, “Mussel Regulations,” Iowa Administrative Code. The proposed amendment closes the commercial harvest of mussels in the waters of the Mississippi River common with the state of Wisconsin. Public hearings will be held September 28 and 29, 2005. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB050831.htm

LOUISIANA


Air:



  • The Department of Environmental Quality has adopted emergency rule New or Revised Emissions Estimation Methods (LAC 33:III.501) (AQ240E3). This is a renewal of Emergency Rule AQ240E2, which was effective on April 27, 2005, and published in the Louisiana Register on May 20, 2005. This emergency rule clarifies requirements set forth in LAC 33:III.919, concerning emissions inventory, and LAC 33:III.507.H, concerning annual compliance certifications. The rule is effective August 25, 2005, for a maximum of 120 days or until a final rule is promulgated, whichever occurs first. See http://www.deq.state.la.us/planning/regs/pdf/AQ240E3.pdf

Hazardous & Solid Wastes:



  • The Department of Environmental Quality proposes "RCRA XIV Package" (LAC 33:V.108, 1717, 4003, and 4561) (HW087ft). This proposed rule is identical to federal regulations found in 40 CFR §§261.5(j), 262.34(j)-(k)(1), 264.1050(g)-(h), 279.10(i), and 279.74(b)-(b)(4), which are applicable in Louisiana. This rule will promulgate the RCRA XIV cluster for equivalency with U.S. EPA standards. The rule clarifies certain aspects of used oil management standards, covers NESHAPs for automobile and light-duty truck surface coating operations at major sources of hazardous air pollutants, and amends RCRA air emission standards for owners and operators of treatment, storage, and disposal facilities to exempt air emissions from certain activities that are covered by the final NESHAP. The basis and rationale for this rule are to mirror the federal regulations. Written comments are due September 27, 2005. A public hearing will be held September 27, 2005. See http://www.deq.state.la.us/planning/regs/pdf/HW087ftpro.pdf

  • The Department of Environmental Quality proposes "Mercury-Containing Devices and Electronics as Universal Wastes" (LAC 33:V.109, 305, 1501, 2201, 3801, 3806, 3810, 3813, 3821, 3823, 3841, 3843, 3845, 3855, 3877, 4301, and 4911) (HW088). This proposed rule adds mercury-containing devices and electronics, including cathode ray tubes (CRTs), destined for recycling as universal wastes. Under the proposed rule, metallic mercury must be recovered, recycled, reused, or requestered, and not incinerated, landfilled, or released in any way; electronics, including CRTs, must be sent for dismantling and recovery of components in a way that prevents releases to the environment. Written comments are due October 4, 2005. A public hearing will be held September 27, 2005. See http://www.deq.state.la.us/planning/regs/pdf/HW088pro.pdf

Toxic Substances:



  • The Department of Environmental Quality proposes "UL 971 Revision Affects Non-Metallic Piping" (LAC 33:XI.599.Appendix A-Industry Codes and Standards) (0508Pot1). Underwriters Laboratories Standard 971 deals with non-metallic underground piping for flammable liquids. The specification from October 1995 has been revised and was effective July 1, 2005. This standard affects the manufacture of non-metallic flexible pipe used in installation and repair of UST systems. This new standard will be adopted in future regulations incorporating the standard into LAC 33:XI.599.Appendix A-Industry Codes and Standards. The Department will allow the installation of flexible and other non-metallic piping meeting the previous UL standard through December 31, 2005. Starting January 1, 2006, the Department will require the installation of piping meeting the new UL standard at new sites and for piping needing repairs and/or replacing. See http://www.deq.state.la.us/planning/regs/pdf/0508Pot1.pdf

MAINE


Air:



  • The Department of Environmental Protection is proposing amendments to chapters 100 (Definitions), 115 (Major and Minor Source Air Emission License Regulations), and 140 (Part 70 Air Emission License Regulations). Ten definitions in chapter 100 would be modified, including the volatile organic compound (VOC) definition, which would exempt five compounds from all VOC control. The proposed changes to chapters 115 and 140 would clarify and simplify the Department rules for air emission licenses. This rulemaking moves the new source review requirements from chapter 140 to chapter 115, making the air emission licensing process less cumbersome. Public notice requirements are reduced under this proposal. A public hearing will be held September 22, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/083105.htm

Wildlife:



  • The Department of Marine Resource finalized chapters 26.07(1) and 26.07(2) to establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zones 1 and 2 for 2005-2006. Due to continuing stock declines, the Department adopted a 10-day season for divers, trappers, rakers, and draggers in 2005-2006, which was the same length of season in 2004-2005. Divers, rakers and trappers have a choice of fishing 10 days in September or 10 days in December, similar to the early or late season option in Zone 2. Effective August 28, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/083105.htm

MASSACHUSETTS


Air:



  • The Department of Environmental Protection is proposing amendments to 310 CMR 7.00 et. seq. These amendments would exempt five compounds from the definition of volatile organic compounds for consistency with federal rules, impose visible emission limits on certain facilities that are required to have operating permits, and expand the time period during which gasoline tank trucks are required to be tested for vapor leak tightness. Public hearings will be held October 18-19, 2005. See http://www.mass.gov/dep/bwp/daqc/files/opctyphn.pdf

Water:



  • The Department of Environmental Protection is proposing amalgam wastewater and recycling regulations for dental facilities. These proposed regulations (new chapter 310 CMR 73.00 and amendments to 310 CMR 30.000 and 310 CMR 70.00) would require dentists to install and properly operate amalgam separators and recycle their mercury-containing amalgam wastes. Written comments are due October 28, 2005. Public hearings will be held during the week of October 3, 2005. See http://www.mass.gov/dep/erp/dentists/files/dntlregs.pdf

MINNESOTA


General:



  • The Minnesota Pollution Control Agency requests comments on possible new rules establishing an Environmental Performance Track Program similar to U.S. EPA's National Environmental Performance Track Program. The federal program encourages environmental protection above and beyond existing federal regulations through recognition, regulatory flexibility, and other incentives such as sharing information through networking and is based on the premise that government should complement existing programs with new tools and strategies that not only protect people and the environment, but also capture opportunities for reducing costs and encouraging technological innovation. See http://www.pca.state.mn.us/news/data/bdc.cfm?noticeID=268629&blobID=11070&docTypeID=4

MISSOURI


Air:



  • The Missouri Department of Natural Resources finalized 10 CSR 010-06.380, Control of Nitrogen Oxide (NOx) Emissions From Portland Cement Kilns. This rulemaking is a necessary part of the NOx SIP call that is designed to assist downwind ozone areas in attaining the one-hour and eight-hour NAAQS for ozone by providing upwind NOx emission control. Effective October 30, 2005. See http://dnr.mo.gov/regs/InFi0765.htm

  • The Missouri Department of Natural Resources finalized 10 CSR 010-06.390, Control of Nitrogen Oxide (NOx) Emissions From Large Stationary Internal Combustion Engines. This rulemaking is a necessary part of the NOx SIP call that is designed to assist downwind ozone areas in attaining the one-hour and eight-hour NAAQS for ozone by providing upwind NOx emission control. Effective October 10, 2005. See http://dnr.mo.gov/regs/InFi0766.htm

NEBRASKA


Water:



NEVADA


Air:



  • Regulation R035-05: Vehicle Emission Testing; Inspection & Maintenance (I/M) Program. The proposed regulation clarifies and updates the I/M provisions of NAC 445B and brings them into alignment with the Nevada Revised Statutes. Written comments are due at least five days before the public hearing. The State Environmental Commission will accept public comments at its general public hearing on October 4, 2005. See http://www.sec.nv.gov/docs/public_notiice_final0805.pdf

  • Regulation R037-05: Adoption By Reference of Federal Regulations. The State Environmental Commission will accept public comments at its general public hearing on October 4, 2005. See http://www.sec.nv.gov/docs/public_notiice_final0805.pdf

  • Regulation R036-05: Visible Emissions: This regulation proposes to repeal NAC 445B.22023, "Visible emissions: Coal-fired steam generating facilities," contingent upon the requirements of a federal consent decree. The amendment is needed to comply with Nevada's Applicable SIP, which was submitted to U.S. EPA in February 2005 with a supplement in June 2005 and which ensures that the NAAQS are attained and maintained. Written comments are due at least five days before the public hearing. The State Environmental Commission will accept public comments at its general public hearing on October 4, 2005. See http://www.sec.nv.gov/docs/public_notiice_final0805.pdf

  • Regulation R096-05: Revisions to meet Federal Planning Requirements. The regulatory changes are necessary to supplement the February 2005 submittal of Nevada's Applicable SIP to U.S. EPA, allowing U.S. EPA to approve the updated Applicable SIP. Written comments are due at least five days before the public hearing. The State Environmental Commission will accept public comments at its general public hearing on October 4, 2005. See http://www.sec.nv.gov/docs/public_notiice_final0805.pdf

  • Regulation R106-05: Vehicle Emission Control Program-Servicing Fuel Injection Systems: This new proposed regulation will modify NAC 445B.460 by defining a method for servicing motor vehicle fuel injection systems by facilities licensed as authorized inspection stations or class 1 fleet stations. The regulatory change is being proposed in response to Assembly Bill 239, which was passed by the 2005 Nevada Legislative. The proposed amendment will update the Inspection and Maintenance provisions of the NAC and bring them into alignment with the Nevada Revised Statutes. Written comments are due at least five days before the public hearing. The State Environmental Commission will accept public comments at its general public hearing on October 4, 2005. See http://www.sec.nv.gov/docs/public_notiice_final0805.pdf

Land Use:



  • Regulation R097-05: Mining Reclamation Permit Modification and Fee Adjustments. This regulation amends NAC 519A, concerning mining reclamation. Changes include a revision to the current fee structure for a permit modification and the definition of minor permit modifications. The proposed revision also defines a major modification. The revision to the current fee structure will reduce the fees charged for simple changes to the permit that require minimal staff time to review and process. The other proposed revisions set clearer parameters to define minor and major modification. Written comments are due at least five days before the public hearing. The State Environmental Commission will accept public comments at its general public hearing on October 4, 2005. See http://www.sec.nv.gov/docs/public_notiice_final0805.pdf

Toxic Substances:



  • Regulation R083-05: Regulation of marina storage tanks, adoption of International Fire Code, revised procedures for petroleum-contaminated soil, and monitoring of methyl tertiary butyl ether (MTBE) and other contaminants. This regulation amends NAC 459.9921 to 459.999 by establishing certain requirements for leak detection, prevention, and operation of above ground marina storage tank systems. It adopts by reference the International Fire Code for the construction, design, and location of marina tanks, and it provides for an annual registration fee of $50 for each above ground marina storage tank compartment. The regulation also modifies the handling of petroleum-contaminated soils, and it requires monitoring for MTBE and any other contaminant in the groundwater as directed by the Nevada Division of Environmental Protection. Written comments are due at least five days before the public hearing. The State Environmental Commission will accept public comments at its general public hearing on October 4, 2005. See http://www.sec.nv.gov/docs/public_notiice_final0805.pdf

Water:



  • Regulation R126-05: Public Water System, Water Quality and Treatment of Water. This regulation amends NAC 445A.450 through 445A.540. The amendment allows Nevada to adopt new federal primary drinking water regulations already in effect under the federal SDWA in the following areas: arsenic rule; long-term 1 surface water treatment rule; lead and copper rule revisions; radionuclides; filter backwash rule; public notification rule; and variances and exemptions. Written comments are due at least five days before the public hearing. The State Environmental Commission will accept public comments at its general public hearing on October 4, 2005. See http://www.sec.nv.gov/docs/public_notiice_final0805.pdf

  • Regulation R129-05: Certification of Operators of Public Water Systems. This regulation amends NAC 445A.617 through 445A.652. The amendment proposes changes to Nevada's Operator Certification Program for small water systems. The amendment is needed in light of more stringent water quality requirements. Written comments are due at least five days before the public hearing. The State Environmental Commission will accept public comments at its general public hearing on October 4, 2005. See http://www.sec.nv.gov/docs/public_notiice_final0805.pdf

NEW HAMPSHIRE


Air:



  • Federal Standards for New Sources and Hazardous Air Pollutants Update (Env-A 500). From July 1, 2004, to July 1, 2005, U.S. EPA promulgated two new NESHAPs under 40 CFR 63. The proposed amendments would incorporate by reference these new standards and change the edition of the Code of Federal Regulations referenced in the rule from July 1, 2004, to July 1, 2005. Also included in the proposed rule under Env-A 504.01 is 40 CFR 61, Subpart A, General Provisions. The General Provisions for both Parts 60 and 63 are already in the rule, and it was an oversight to not include them for Part 61. Promulgation of the proposed amendments will have no practical effect on state facilities, since they are required by federal law to comply with the federal standards even if the Department of Environmental Services does not adopt them. Written comments are due October 13, 2005. A public hearing will be held October 3, 2005. See http://www.des.state.nh.us/RuleMaking/notice2005/Env-A_500.pdf

Water:



NORTH CAROLINA


Water:



  • The Environmental Management Commission has proposed to amend the existing Nutrient Offset Payments rule. These amendments will allow the Nutrient Offset Payments Program to be expanded to the Tar-Pamlico River Basin and modify the manner in which future payments to the Nutrient Offset Program are calculated. Written comments are due November 14, 2005. A public hearing will be held October 11, 2005. See http://ncrules.state.nc.us/ncregister_/volume20issue05/content.htm (p. 256)

SOUTH CAROLINA


Air:



  • The Department of Health and Environmental Control Board approved amendment of R.61-62, Air Pollution Control Regulations and Standards. The amendment incorporates recent federal amendments promulgated during 2004 into Regulations 61-62.60, South Carolina Designated Facility Plan and New Source Performance Standards; 61-62.61, NESHAPs; and 61-62.63, NESHAPs for Source Categories. Effective August 26, 2005. See http://www.scdhec.gov/administration/regs/

Land Use:



  • The Department proposes to amend R. 30-1 and R. 30-12 pursuant to S.C. Code Ann. §§48-39-10 et seq. The proposed amendment will specify the Department's policies regarding access to islands. This proposed amendment would provide clearly defined terms and specific standards to be used in the evaluation of permit applications for any type of access to islands. Legislative review will be required. Written comments are due September 26, 2005. See http://www.scdhec.gov/administration/regs/

Water:



  • The Department is proposing to amend R.61-69, Classified Waters. The Department was asked to evaluate the waters within Congaree National Park for consideration as Outstanding Resource Waters and also to consider classifying a portion of Cedar Creek within the park boundary as an Outstanding National Resource Water. Written comments are due September 26, 2005. See http://www.scdhec.gov/administration/regs/

TEXAS


Air:



  • Revisions to Air Permit by Rule and Air Standard Permit for Municipal Solid Waste Landfill Facilities, 2003-066-116-PR. The existing municipal solid waste landfill air standard permit will be repealed. The permit by rule will be revised to limit the confusion that all activities occurring at a landfill are authorized by the permit by rule. Written comments are due October 31, 2005. A public hearing will be held September 29, 2005. See http://www.tceq.state.tx.us/assets/public/legal/rules/hearings/03066116_phn.pdf

Hazardous & Solid Wastes:



  • Municipal Solid Waste Rule Revisions and Updates (30 TAC Chapter 330, Municipal Solid Waste), 2004-031-330-PR. This rulemaking would reduce the level of agency approvals of low impact waste management activities; improve the organizational flow of municipal solid waste requirements; implement streamlining initiatives; update cross-references and citations; and implement HB 1053 and HB 1609 from the 79th Legislative Session. Written comments are due October 31, 2005. A public hearing will be held September 29, 2005. See http://www.tceq.state.tx.us/assets/public/legal/rules/hearings/04031330_phn.pdf

UTAH


Air:



  • R307-214-2, Part 63 Sources. Two new federal standards for hazardous air pollutants are proposed for incorporation by reference into Section R307-214-2. These two maximum achievable control technology standards may apply to current or future Utah sources. Written comments are due October 3, 2005. A public hearing will be held September 20, 2005. See http://www.rules.utah.gov/publicat/bulletin/2005/20050901/28130.htm

  • 307-840, Lead-Based Paint Accreditation, Certification, and Work Practice Standards. The Air Quality Board is proposing to incorporate by reference an addition and a modification to 40 CFR Part 745 into Rule R307-840. The rule addition to be incorporated is 40 CFR Part 745, Subpart E, "Lead; Requirements for Hazard Education Before Renovation of Target Housing." The rule change would allow enforcement of these standards by the state of Utah. The rule modification proposed for adoption is 40 CFR Part 745, Subpart L, "Lead; Notification Requirements for Lead-Based Paint Abatement Activities and Training." This modification provides additional procedural guidance to lead-based paint abatement contractors and lead-based paint training providers on notifying the Division of regulated lead-based paint activities performed in Utah. Written comments are due October 3, 2005. A public hearing will be held September 21, 2005. See http://www.rules.utah.gov/publicat/bulletin/2005/20050901/28131.htm

VIRGINIA


Hazardous & Solid Wastes:



Water:



WASHINGTON


Water:



  • Instream Resources Protection and Water Resources Program for the Stillaguamish River, Chapter 173-505 WAC, adopted. The rule will establish instream flows for 32 rivers or streams in the basin, reserve a limited amount of ground water for future domestic use, reserve a limited amount of water for stockwatering; establish maximum limits for withdrawals from nine water sources, close lakes and ponds to new diversions except for domestic use, and close numerous rivers and streams to new uses unless the use qualifies under identified exceptions. Effective September 26, 2005. See http://www.ecy.wa.gov/pubs/0511029.pdf

WEST VIRGINIA


Air:



  • Division of Air Quality is considering a proposed redesignation request and a proposed air quality maintenance plan for the Charleston, West Virginia, eight-hour ozone nonattainment area, comprising Kanawha and Putnam counties. A public hearing was held August 30, 2005. See http://www.dep.state.wv.us/

WISCONSIN


Air:



  • An air permit streamlining meeting was held on August 30, 2005. The purpose of the meeting was to present and discuss three alternative approaches to redesigning the air permit system. These three approaches are: a consolidated construction and operation permit process, modifying regulatory triggers to reduce the need for permit actions, and an emission cap permit. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

Land Use:



  • The Department of Natural Resources will conduct a public information meeting to present and receive comment on the Rib Mountain State Park draft master plan revision and draft environmental analysis. The master plan describes proposed future management, development, and recreational opportunities for the 1,528-acre Rib Mountain State Park over the next 15 to 20 years. Written comments are due September 23, 2005. The public meeting will be September 15, 2005. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

  • The Department of Natural Resources is developing a draft master plan for Buckhorn State Park and Wildlife Area that is intended to guide development and management of the park and wildlife area for the next decade or more. A public hearing will be held September 1, 2005. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

Wildlife:



  • The Department of Natural Resources will hold a public meeting to discuss the closure of wild bait harvest in waters in Sections 21, 27, and 28 of Alden Township in southern Polk County. The waterways are proposed to be closed to wild bait harvest to avoid the accidental re-release of goldfish into other waters in Wisconsin. In the spring of 2005, a natural reproducing Goldfish population was found in North Fish Lake. Goldfish are an exotic fish species that could adversely impact native fish. Closing North Fish Lake and adjacent waters to wild bait harvest will minimize the likelihood of goldfish spreading to additional waters. The public meeting will discuss why the closure is being done and what other steps will be taken to remove this exotic species from North Fish Lake. The public meeting will be held on September 6, 2005. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

WYOMING


Water:



Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.


INTERNATIONAL

JAIL TIME FOR ILLEGAL LOGGERS IN MALAYSIA



HEALTHY ENVIRONMENT ESSENTIAL TO POVERTY RELIEF



  • The majority of the world's poor live in rural areas and depend on nature for their livelihood, according to a report by the World Resources Institute. Environmental protection is therefore essential to meet the United Nations (UN) Millennium Goal of halving poverty in a decade, the report asserts. The report is endorsed by the UN and precedes by two weeks a summit to review the world's progress on the Millennium Goals. See http://news.bbc.co.uk/1/hi/sci/tech/4199138.stm

AMAZON DEFORESTATION REDUCED BY 50%



  • The Brazilian government reported that the area of lands logged in the Amazon in the past year is 50% less than the area logged last year. The Ministry of Environment credits the reduction to government conservation efforts such as coordinated surveillance by law enforcement groups and federal partnerships with state governments. The World Wildlife Fund in Brazil attributes the decline in deforestation to the economic slowdown in the agricultural industry, especially a dip in soybean prices. See http://internacional.radiobras.gov.br/espanhol/materia_i_2004.php?materia=237731&editoria=NA

Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.


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