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Weekly Update Volume 35, Issue 26

09/19/2005

LITIGATION

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


GLOBAL WARMING, PUBLIC NUISANCE:

A district court dismissed environmental groups', various states', and a city's claims that fossil fuel generators should be held liable for creating the ongoing public nuisance of global warming. Specifically, the plaintiffs sought an order holding each of the generators jointly and severally liable for contributing to global warming and enjoining each of the generators to abate its contribution to the nuisance by "capping its emissions of carbon dioxide and then reducing those emissions by a specified percentage each year for at least a decade." The claims, however, raise non-justiciable political questions that are beyond the limits of the court's jurisdiction. A non-justiciable political question exists when a court confronts "the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion." Resolution of the issues presented here requires identification and balancing of economic, environmental, foreign policy, and national security interests. Thus, an initial policy determination of a kind clearly for non-judicial discretion is required. Connecticut v. American Electric Power Co., Nos. 04 Civ. 5669 (LAP), -5670 (LAP), 35 ELR 20186 (S.D.N.Y. Sept. 15, 2005) (Preska, J.) (19 pp).


CERCLA, SUCCESSOR LIABILITY:

The Third Circuit held that a corporation is responsible for the environmental response costs of a former battery manufacturer under CERCLA based on a "de facto merger" theory of successor liability. In 2000, the corporation merged with a company and became its successor. The company, however, had previously acquired the battery manufacturing company in 1966. The continuity of location, assets, products, operations, management, employees, contracts, and shareholders between the battery manufacturer and the company, the subsequent liquidation and dissolution of the manufacturer, and the company's assumption of the manufacturer's obligations in order to continue normal business operations without interruption establish that the company is the the battery manufacturer's successor in interest under CERCLA. Because the corporation is the successor to the company, it is therefore liable for the response costs of the battery manufacturer. In addition, the court applied a uniform federal rule of successor liability rather than the law of a particular state in reaching its decision. United States v. General Battery Corp., No. 03-3515, 35 ELR 20182 (3d Cir. Sept. 6, 2005) (24 pp.).


CAA, NAAQS, ATTAINMENT:

The Ninth Circuit upheld EPA's approval of the 2003 San Joaquin Valley, California, plan to attain NAAQS for particulate matter less than 10 microns in diameter (PM10). In approving the plan, the Agency set a new attainment deadline of 2010. Various groups and nonprofit organizations challenged EPA's authority to set a deadline past 2006. But CAA §179(d) authorizes EPA to approve of plan revisions that set forth a new attainment date up to 10 years from the time that EPA has found that the area failed to attain the applicable air quality standard. Here, EPA published notice of the Valley's failure to attain the PM10 standard in July 2002. Thus, the 2010 deadline is authorized under the Act. And because the groups' remaining claims did not warrant judicial intervention, the court upheld the approval. Association of Irritated Residents v. United States Environmental Protection Agency, Nos. 04-72650, -72736, 35 ELR 20181 (9th Cir. Sept. 6, 2005) (15 pp.).


NEPA, EIS, INJUNCTIONS:

The Fourth Circuit upheld a district court decision that the U.S. Navy's EIS for the construction of an aircraft landing field in North Carolina was deficient under NEPA, but it vacated the court's injunction of the project as overly broad. The landing field would lie within five miles of the Pocosin Lakes National Wildlife Refuge, the winter home for nearly 100,000 waterfowl. In preparing the EIS, the Navy failed to evaluate how its actions would affect the unique biological features of this congressionally protected area. The hallmarks of a "hard look" are thorough investigation into environmental impacts and forthright acknowledgment of potential environmental harms. Here, the Navy's effort fell short in both regards. Thus, the district court properly ordered the Navy to prepare a supplemental EIS. However, the district court erred in enjoining the entire project. It treated the injunction as an all-or-nothing proposition, and such a broad-brush view of NEPA is an error of law. On remand, therefore, the district court must narrow the injunction in accordance with the specific directions set forth in the opinion. National Audubon Society v. Department of the Navy, No. 05-1405, 35 ELR 20183 (4th Cir. Sept. 7, 2005) (43 pp.).


NATIONAL FOREST MANAGEMENT ACT (NFMA), APA:

The Third Circuit upheld a lower court's grant of summary judgment in favor of the U.S. Forest Service in a suit challenging the Service's decision to undertake a site-specific project in the Allegheny National Forest. Environmental groups sought a declaratory judgment that the Service improperly selected a harvesting system primarily based on dollar return in violation of the APA and NFMA. The record, however, does not support the groups' claim that even-aged management was chosen primarily because it will give the greatest dollar return. Rather, the record illustrates that the Service's decision to utilize even-aged management was based on a thorough analysis of a variety of both economic and non-economic factors. Allegheny Defense Project, Inc. v. United States Forest Service, No. 04-2442, 35 ELR 20185 (3d Cir. Sept. 15, 2005) (45 pp.).


WILD AND SCENIC RIVERS ACT, STANDING:

The Sixth Circuit affirmed a lower court decision denying environmental groups' request for declaratory and injunctive relief in a suit arising out of the U.S. Forest Service's failure to comply with the Wild and Scenic Rivers Act and other federal statutes with regard to several Michigan river segments. The Forest Service conceded that it failed to establish detailed river corridor boundaries and that it has not completed comprehensive management plans for a number of river segments as required by law. Nevertheless, the groups lack standing. Although the groups suffered concrete injuries as a result of logging and other activities along several wild and scenic rivers, they failed to establish the necessary causal link between those injuries and the Forest Service's failure to perform its statutory duties. The groups presented no evidence that detailed river corridor boundaries might offer greater protection from logging than the default boundaries already established by the Wild and Scenic Rivers Act. Nor are there any specific facts in the record suggesting that the Forest Service would have authorized even less logging activity, or would have minimized its environmental impact further, had a comprehensive management plan been in place. Center for Biological Diversity v. Lueckel, No. 03-1139, 35 ELR 20184 (6th Cir. Aug. 1, 2005) (7 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 entered into a proposed partial administrative settlement under CAA that would require the Agency to take final action on further amendments to federal transportation conformity rules relating to the particulate matter 2.5 NAAQS by March 31, 2006. 70 FR 53358 (9/8/05).

  • EPA issued interim guidance encouraging states to consider recent scientific information on the photochemical reactivity of volatile organic compounds (VOCs) in the development of SIPs designed to meet the NAAQS for ozone. 70 FR 54046 (9/13/05).

  • EPA announced the partial delegation of administrative authority to the Nez Perce Tribe to carry out certain day-to-day activities associated with the administration of the federal implementation plan for the Nez Perce Reservation. 70 FR 54638 (9/16/05).

  • EPA approved a negative declaration letter submitted by the Maryland Department of the Environment certifying that existing commercial and industrial solid waste incineration units subject to CAA §§111(d) and 129 have been permanently shut down and dismantled in the state of Maryland. 70 FR 53567 (9/9/05).

  • EPA proposed to approve a negative declaration letter submitted by the Maryland Department of the Environment certifying that existing commercial and industrial solid waste incineration units subject to CAA §§111(d) and 129 have be en permanently shut down and dismantled in the state of Maryland (see above for direct final rule). 70 FR 53615 (9/9/05).

  • SIP Approvals: American Samoa (document availability), 70 FR 53564 (9/9/05). California (VOCs), 70 FR 53930 (9/13/05); (VOCs; San Joaquin Valley area), 70 FR 53936 (9/13/05); (sanction deferral; San Joaquin Valley area), 70 FR 53935 (9/13/05). District of Columbia (SIP materials for public inspection), 70 FR 52919 (9/6/05). Iowa (stationary source best available retrofit technology requirements), 70 FR 53939 (9/13/05). New York (carbon monoxide NAAQS; Onondaga County), 70 FR 53304 (9/8/05); (one-hour ozone NAAQS), 70 FR 53941 (9/13/05). Tennessee (motor vehicle emissions budgets; Nashville area), 70 FR 54738 (9/16/05). Utah (carbon monoxide NAAQS; Ogden area), 70 FR 54267 (9/14/05).

  • SIP Proposals: California (VOCs; San Joaquin Valley area; see above for direct final rule), 70 FR 53974 (9/13/05). Indiana (eight-hour ozone NAAQS; Evansville area), 70 FR 53605 (9/9/05). Iowa (stationary source best available retrofit technology requirements; see above for direct final rule), 70 FR 53974 (9/13/05). Nevada (sulfur emissions, burning regulations), 70 FR 53975 (9/13/05). New York (carbon monoxide NAAQS; Onondaga County; see above for direct final rule), 70 FR 53329 (9/8/05). Oregon (carbon monoxide ten-year plan; Portland area), 70 FR 52956 (9/6/05). Utah (carbon monoxide NAAQS; Ogden area; see above for direct final rule), 70 FR 54324 (9/14/05). Virginia (eight-hour ozone NAAQS; Fredericksburg area), 70 FR 53746 (9/12/05).

  • SIP Withdrawal: Delaware (ozone and fine particulate matter NAAQS), 70 FR 54639 (9/16/05).

HAZARDOUS AND SOLID WASTES:



  • EPA finalized revisions to the RCRA hazardous waste permitting program to allow for a standardized permit for certain types of RCRA treatment, storage, and disposal facilities. 70 FR 53419 (9/8/05).

  • EPA entered into a proposed administrative settlement that requires the settling party to reimburse the United States $20,000 for response costs incurred at the Lauli'i Cylinders Removal site in Lauli'i, American Samoa. 70 FR 54742 (9/16/05).

  • EPA entered into a proposed administrative settlement that requires the settling parties to pay a total of $10,189,384 to reimburse the Agency for past response costs incurred at the Omega Chemical site in Whittier, California. 70 FR 54380 (9/14/05).

PESTICIDES:



  • EPA proposed to ban intentional-dosing human testing for pesticides on children or pregnant women, to formalize and further strengthen existing protections for subjects in human research conducted or supported by the Agency, and to extend new protections to adult subjects in intentional-dosing human studies for pesticides conducted by others who intend to submit the research to the Agency. 70 FR 53837 (9/12/05).

  • EPA announced the availability of the revised risk assessments for the pesticide dimethoate. 70 FR 53005 (9/6/05).

  • EPA announced the availability of the human health risk assessment and related documents for the pesticide carbofuran. 70 FR 54377 (9/14/05).

PUBLIC LANDS:



  • BLM announced the availability of the resource management plan for the California Coastal National Monument located off the coast of California. 70 FR 53684 (9/9/05).

RADIOACTIVE WASTE:



  • EPA proposed to approve the transuranic radioactive waste characterization program implemented by the central characterization project at Idaho National Laboratory. 70 FR 53659 (9/9/05).

WATER:



  • EPA announced the issuance of NPDES general permits to cover discharges of contaminated ground and surface waters in Massachusetts and New Hampshire. 70 FR 53663 (9/9/05).

  • EPA announced the reissuance of two general permits regulating the activities of mechanical placer mining and suction dredge mining for gold placer mining operations in Alaska. 70 FR 53189 (9/7/05).

  • EPA issued the final NPDES general permit for the territorial seas off Texas for discharges from existing and new dischargers. 70 FR 53008 (9/6/05).

  • EPA received a petition from the state of Connecticut requesting a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the state waterways covered under the petition. 70 FR 54742 (9/16/05).

  • EPA announced the approval of a revision to North Dakota's pollutant discharge elimination system program. 70 FR 54744 (9/16/05).

  • EPA announced the availability of its decisions identifying water quality limited segments and associated pollutants in Nevada to be listed pursuant to CWA §303(d)(2). 70 FR 54051 (9/13/05).

  • EPA designated a permanent ocean dredged material disposal site offshore of Newport Beach, California. 70 FR 53729 (9/12/05).

WILDLIFE:



  • FWS added six refuges to the list of areas open for hunting and/or sport fishing programs and increased the activities available at seven other refuges. 70 FR 54145 (9/13/05).

  • FWS proposed to update and amend the standards for the humane and healthful transport of wild mammals and birds to the United States. 70 FR 54700 (9/16/05).

  • FWS proposed to designate 3,958 acres of critical habitat for the endangered Rota bridled white-eye on the island of Rota, Northern Mariana Islands. 70 FR 54335 (9/14/05).

  • FWS proposed to designate critical habitat in three California counties for the endangered southern California distinct population segment of the mountain yellow-legged frog. 70 FR 54105 (9/13/05).

  • FWS announced the availability of the final recovery plan for the threatened Pecos sunflower, a wetland annual plant that grows on wet, alkaline soils at spring seeps, wet meadows, and pond margins in west-central and eastern New Mexico and west Texas. 70 FR 54567 (9/15/05).

  • FWS announced the availability of the approved recovery plan for the Devils River minnow, which is found in streams in Kinney and Val Verde Counties, Texas, and Coahuila, Mexico. 70 FR 54069 (9/13/05).

  • FWS announced the availability of a draft recovery plan for the endangered Spring Creek Bladderpod, which is found only in three watersheds in Wilson County, Tennessee. 70 FR 53808 (9/12/05).

  • FWS announced the availability of a draft EA for the proposed issuance of a permit to take West Virginia northern flying squirrels incidental to a planned recreation and infrastructure expansion project at the Snowshoe Mountain Resort in Pocahontas County, West Virginia. 70 FR 53141 (9/7/05).

  • FWS announced a five-year review of eight endangered and threatened southeastern species. 70 FR 53807 (9/12/05).

  • NMFS issued a permit to the North Carolina Division of Marine Fisheries for the taking of ESA-listed adult and juvenile sea turtles incidental to otherwise lawful commercial fall gill net fisheries for flounder operating in Pamlico Sound, North Carolina. 70 FR 52984 (9/6/05).

  • NMFS issued an incidental harassment authorization to the California Department of Transportation to take small numbers of marine mammals by harassment incidental to seismic retrofit construction of the Richmond-San Rafael Bridge in San Francisco Bay, California. 70 FR 54031 (9/13/05).

  • The Minerals Management Service proposed to require lessees of federal oil and gas leases in the OCS to provide information on how they will meet the requirements of the ESA and MMPA. 70 FR 52953 (9/6/05).

DOJ NOTICES OF SETTLEMENT:



  • United States v. Congaree Downs Limited Partnership, No. 3:05-cv-02505 (D.S.C. Aug. 30, 2005). Settling CWA defendants must pay a civil penalty and restore the impacted wetland to settle claims relating to the filling of wetlands without a permit. 70 FR 53689 (9/9/05).

  • United States v. Marathon Ashland Petroleum LLC, No. 4:01-CV-40119-PVG (E.D. Mich. Aug. 31, 2005). Under a proposed revised consent decree, a settling CAA defendant must continue to undertake numerous projects to reduce emissions of air pollutants at seven refineries that the defendant owns and operates; the revised consent decree includes numerous changes, including control technology substitutions, deadline modifications, new final emissions limits, and modified provisions relating to reporting, recordkeeping, modification, and termination. 70 FR 53689 (9/9/05).

  • United States v. Reichhold Limited, No. 5:03-CV-0077-3(CAR) (M.D. Ga. Aug. 19, 2005). Under a proposed consent decree, the United States will participate with settling CERCLA defendants in a lawsuit against Continental Insurance Company to obtain reimbursement of costs relating to the Woolfolk Chemical Superfund site in Fort Valley, Georgia. 70 FR 53690 (9/9/05).

  • United States v. Cargill, Inc., No. 05-2037 JMR/FLN (D. Minn. Sept. 15, 2005). A settling CAA defendant must implement pollution control technologies to greatly reduce emissions of VOCs, nitrogen oxides, carbon monoxide, and sulfur dioxide from corn and oilseed processing units at 27 plants in 13 states, must pay a civil penalty of $1.6 million, and must spend $3.5 million on supplemental environmental projects. 70 FR 54570 (9/15/05).

  • United States v. Chevy Chase Cars, Inc., No. 05-1222 (W.D. Pa. Aug. 31, 2005). Under a proposed supplemental consent decree, 22 settling CERCLA defendants must pay a total of approximately $270,000 to reimburse the United States for past and future response costs incurred at the Breslube Penn Superfund site in Coraopolis, Pennsylvania. 70 FR 54570 (9/15/05).

  • United States v. Oeser Co., Civil Action No. C05-1491-JCC (W.D. Wash. Sept. 1, 2005). A settling CERCLA defendant must implement EPA's selected remedial action for the Oeser Company Superfund site in Bellingham, Washington, at a cost of approximately $3.8 million, must pay EPA's future oversight costs at the site, must pay at least $8.6 million in reimbursement of EPA's past response costs, and must contribute $500,000 to a trust account held by the city of Bellingham for a cleanup of Little Squalicum Creek. 70 FR 54571 (9/15/05).

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


THE CONGRESS

PUBLIC LAWS:



  • H.R. 38 (rivers), which designates a portion of the White Salmon River as a component of the National Wild and Scenic Rivers System, was signed into law by President Bush on August 2, 2005. Pub. L. No. 109-44, 151 Cong. Rec. D877 (daily ed. Sept. 6, 2005).

  • H.R. 1046 (water storage), which authorizes the Secretary of the Interior to contract with the city of Cheyenne, Wyoming, for the storage of the city's water in the Kendrick Project, Wyoming, was signed into law by President Bush on August 2, 2005. Pub. L. No. 109-48, 151 Cong. Rec. D878 (daily ed. Sept. 6, 2005).

CHAMBER ACTION:



  • S. 1250 (Great Ape Conservation Reauthorization), which would reauthorize the Great Ape Conservation Act of 2000, was passed by the Senate, after agreeing to committee amendments. 151 Cong. Rec. S98889-90 (daily ed. Sept. 9, 2005).

  • S. 1339 (Junior Duck Stamp Reauthorization Act), which would reauthorize the Junior Duck Stamp Conservation and Design Program Act of 1994, was passed by the Senate. 151 Cong. Rec. S9890 (daily ed. Sept. 9, 2005).

  • S. 1340 (Pittman-Robertson Wildlife Restoration Act), which would amend the Pittman-Robertson Wildlife Restoration Act to extend the date after which surplus funds in the wildlife restoration fund become available for apportionment, was passed by the Senate. 151 Cong. Rec. S9890 (daily ed. Sept. 9, 2005).

  • S. 1415 (Captive Wildlife Safety Technical Amendment Act), which would amend the Lacey Act Amendments of 1981 to protect captive wildlife and make technical corrections, was passed by the Senate, after agreeing to committee amendments. 151 Cong. Rec. S9890 (daily ed. Sept. 9, 2005).

  • H.R. 3669 (National Flood Insurance Program Enhanced Borrowing Authority Act), which would temporarily increase the borrowing authority of FEMA for carrying out the national flood insurance program, was passed by the Senate, clearing the measure for the President. 151 Cong. Rec. S9941 (daily ed. Sept. 12, 2005).

COMMITTEE ACTION:



  • S. 1250 (Great Ape Conservation Act), was reported by the Committee on Environment and Public Works. S. Rep. No. 109-123, 151 Cong. Rec. S9599 (daily ed. Sept. 1, 2005). The bill would reauthorize the Great Ape Conservation Act of 2000.

  • S. 1340 (wildlife restoration), was reported by the Committee on Environment and Public Works. S. Rep. No. 109-125, 151 Cong. Rec. S9599 (daily ed. Sept. 1, 2005). The bill would amend the Pittman-Robertson Wildlife Restoration Act to extend the date after which surplus funds in the wildlife restoration fund become available for apportionment.

  • S. 1410 (migratory birds), was reported by the Committee on Environment and Public Works. S. Rep. No. 109-132, 151 Cong. Rec. S9644 (daily ed. Sept. 6, 2005). The bill would reauthorize the Neotropical Migratory Bird Conservation Act.

  • S. 1415 (Lacey Act), was reported by the Committee on Environment and Public Works. S. Rep. No 109-126, 151 Cong. Rec. S9599 (daily ed. Sept. 1, 2005). The bill would amend the Lacey Act Amendments of 1981 to protect captive wildlife and make technical corrections.

  • H.R. 1428 (National Fish and Wildlife Foundation), was reported by the Committee on Environment and Public Works. H. Rep. No. 109-127, 151 Cong. Rec. S9599 (daily ed. Sept. 1, 2005). The bill would authorize appropriations for the National Fish and Wildlife Foundation.

BILLS INTRODUCED:



  • S. 1616 (Kennedy, D-Mass.) (national parks), would modify the boundary of Lowell National Historical Park, and for other purposes. 151 Cong. Rec. S9645 (daily ed. Sept. 6, 2005). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1619 (Lautenberg, D-N.J.) (FIFRA), would amend FIFRA to require local educational agencies and schools to implement integrated pest management systems to minimize the use of pesticides in schools and to provide parents, guardians, and employees with notice of the use of pesticides in schools, and for other purposes. 151 Cong. Rec. S9727 (daily ed. Sept. 7, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.

  • S. 1627 (Carper, D-Del.) (coastal regions) , would authorize the Secretary of the Interior to conduct a special resources study to evaluate resources along the coastal region of the state of Delaware and to determine the suitability and feasibility of establishing a unit of the National Park System in Delaware. 151 Cong. Rec. S9727 (daily ed. Sept. 7, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 1635 (Lautenberg, D-N.J.) (oceans), would establish ocean bottom trawl areas in which trawling is permitted to protect deep sea corals and sponges. 151 Cong. Rec. S9833 (daily ed. Sept. 8, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1641 (Snowe, R-Me.) (shore damage), would authorize the Secretary of the Army to carry out a project for the mitigation of shore damage attributable to the Saco River, Maine, navigation project. 151 Cong. Rec. S9833 (daily ed. Sept. 8, 2005). The bill was referred to the Committee on Environment and Public Works.

  • H.R. 3691 (Nunes, R-Cal.) (water management and conservation), would amend the Central Valley Project Improvement Act to provide for improved water management and conservation. 151 Cong. Rec. HR7742 (daily ed. Sept. 7, 2005). The bill was referred to the Committee on Resources, and to the Committee on Ways and Means.

  • H.R. 3692 (Pallone, D-N.J.) (NOAA), would establish a program within NOAA and the U.S. Coast Guard to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety in coordination with nonfederal entities. 151 Cong. Rec. HR 7742 (daily ed. Sept. 7, 2005). The bill was referred to the Committee on Transportation and Infrastructure, and to the Committee on Resources.

  • H.R. 3701 (Andrews, D-N.J.) (ecosystem protection), would assure that the American people have large areas of land in healthy natural condition throughout the country to provide wildland recreational opportunities for people, provide habitat protection for native wildlife and natural plant communities, and to contribute to a preservation of water for use by downstream metropolitan communities and other users, through the establishment of a National Forest Ecosystem Protection Program composed of lands within existing wilderness areas and adjacent primitive areas. 151 Cong. Rec. H7813 (daily ed. Sept. 8, 2005). The bill was referred to the Committee on Agriculture, and to the Committee on Resources.

  • H.R. 3721 (Sherwood, R-Pa.) (national parks), would amend the Omnibus Parks and Public Lands Management Act of 1996 to allow certain commercial vehicles to continue to use Route 209 within Delaware Water Gap National Recreation Area and to allow the National Park Service to continue to collect fees from those vehicles. 151 Cong. Rec. H7813 (daily ed. Sept. 8, 2005). The bill was referred to the Committee on Resources.

  • H.R. 3775 (McGovern, D-Mass.) (national parks), would provide for the update of the Cultural Heritage and Land Management Plan for the John H. Chafee Blackstone River Valley National Heritage Corridor in order to extend the authority of the John H. Chafee Blackstone River Valley National Heritage Corridor Commission to authorize a special resources study to evaluate the suitability and feasibility of a national park unit within the Corridor. 151 Cong. Rec. H7948 (daily ed. Sept. 14, 2005). The bill was referred to the Committee on Resources.

  • H.R. 3778 (Shaw, R-Fla.) (trawling), would establish ocean bottom trawl areas in which trawling is permitted to protect deep sea corals and sponges. 151 Cong. Rec. H7948 (daily ed. Sept. 14, 2005). The bill was referred to the Committee on Resources, and to the Committee on Science.

  • H.R. 3779 (Slaughter, D-N.Y.) (national parks), would authorize the Secretary of the Interior to establish a commemorative trail route in connection with the Women's Rights National Historical Park to link properties that are historically and thematically associated with the struggle for women's suffrage. 151 Cong. Rec. H7949 (daily ed. Sept. 14, 2005). The bill was referred to the Committee on Resources.

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


IN THE STATES

The entries below cover state developments since the last issue of Update. 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:

Arizona
Louisiana
Rhode Island

New Jersey

Vermont

California
Maine
Missouri
New Mexico

Virginia

Colorado
Maryland
Montana
North Carolina
Washington

Florida
Massachusetts
New Hampshire
Oklahoma
West Virginia

Georgia
Minnesota
Indiana
Oregon
Wisconsin

Hawaii
 
 
 
 

ARIZONA


Air:



  • 18 A.A.C. 2 Department of Environmental Quality - Air Pollution Control 3305: ADEQ has proposed rules to update its ambient air quality standards for PM 2.5 and 8-hour ozone to reflect the current National Ambient Air Quality Standards (NAAQS). The rulemaking also adds a definition for PM 2.5, updates test methods and protocols in Appendix 2, updates area designations in R18-2-210 to include the Phoenix Metropolitan 8-hour Ozone Nonattainment Area, and makes a technical correction to R18-2-202. Effective October 3, 2005. See http://www.azsos.gov/aar/2005/36/final.pdf

CALIFORNIA


Air:



  • Emergency Regulatory Amendment Relaxing the Reid Vapor Pressure Standard for California Reformulated Gasoline in September and October 2005. A public hearing was held September 8, 2005. Effective September 12, 2005. See http://www.arb.ca.gov/regact/rvp2005/rvp2005.htm

  • Proposed Rule 1401.1: Requirements for New and Relocated Facilities Near Schools. AQMD is considering the adoption of Proposed Rule 1401.1 (PR1401.1). The purpose of PR1401.1 is to minimize health risk to children at schools, existing and under construction, from new or relocated facilities emitting toxic air contaminants. Written comments are due September 27, 2005. A public hearing will be held October 7, 2005. See http://www.aqmd.gov/pub_edu/nph_14011_Oct_7_05.html

  • Proposed Rule 3503: Emissions Inventory and Health Risk Assessment for Railyards. AQMD is considering adoption of Proposed Rule 3503. The purpose of Proposed Rule 3503 is to gather information from freight railyards and notify the public of health risks from freight railyards. Written comments are due September 27, 2005. A public hearing will be held October 7, 2005. See http://www.aqmd.gov/pub_edu/nph_3503_Oct_7_05.html

Hazardous & Solid Wastes:



  • Hazardous Wastes of Concern: Reporting by Generators: DTSC proposes to amend sections 66261.111 and 66262.10 and add section 66262.44 to the California Code of Regulations, title 22. These regulations would make the Hazardous Waste of Concern (HWC) reporting requirements adopted in July 2003 applicable to generators of HWC. DTSC adopted permanent emergency regulations (R-03-02) as mandated by Statutes 2002, chapter 607 (Sen. Bill No. 489 (2001-2002 Reg. Sess.) Romero), hereafter referred to as SB 489, that established reporting requirements for HWC. The provisions enacted as a result of SB 489 were intended to increase the security of HWC because of the potential to use those wastes intentionally and effectively to harm the public in a terrorist or criminal act. As such, any person, as defined in Health and Safety Code section 25118, handling HWC must report missing HWC. The permanent emergency regulations adopted in July 2003, inadvertently omitted generators of HWC. The permanent emergency regulations that were adopted in July 2003 are applicable only to transporters and treatment, storage and disposal facilities that handle HWC. Since generators of HWC were inadvertently omitted in the permanent emergency regulations adopted in July 2003, DTSC proposes to adopt regulations that will include generators of HWC. Written comments are due October 24, 2005. A public hearing will be held October 24, 2005. See http://165.235.111.242/LawsRegsPolicies/Regs/upload/Hazardous-Wastes-of-Concern-Reporting-By-Generators-Public-Notice.pdf

Water:



  • The State Water Board adopts modifications to Water Quality Order No. 2004-0009-DWQ, Statewide general national pollutant discharge elimination system permit for the discharge of aquatic pesticides for aquatic weed control in waters of the United States, General Permit No. CAG 990005 (Weed Control Permit). Effective September 7, 2005. See http://www.waterboards.ca.gov/resdec/resltn/2005/rs2005-0062.pdf

COLORADO


Air:



  • The Air Quality Control Commission will consider a proposal to revise Regulation Number 11, Motor Vehicle Emissions Inspection Program, to reflect changes made to States Law in 2005 House Bill 1214 regarding emission testing cycles and to appeal the vehicle emission limits or cut-points currently identified in the regulation to become effective January 1, 2006. A public hearing will be held November 17, 2005. Written comments are due 14 days prior to the hearing. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/Reg11nov05hearing.pdf

  • The Air Quality Control Commission will consider a proposal to revise Regulation Number 3 (Stationary Source Permitting and Air Pollutant Emission Notice Requirements) to repeal the clean unit exclusion provisions, the pollution control project provisions and record keeping provisions regarding requirements for sources to maintain records of actual-to-projected actual emission calculations if a source has a “reasonable possibility” of causing a significant emissions increase. A public hearing will be held November 17, 2005. Petitions for party status at the hearing are due September 20, 2005. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/Reg3Nov05.pdf

FLORIDA


Air:



  • Air Resource Management - The proposed rule amendments to 62-204.800 update the adoptions by reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Parts 52, 60, 63, 72, and 75. Written comments are due 21 days after publication of the rulemaking notice (September 2, 2005). See http://tlhora6.dep.state.fl.us/onw/publications/1-NOI051877-9-2-05-INT.pdf

Hazardous & Solid Wastes:



  • Solid and Hazardous Waste - The Department gives notice that the rulemaking workshop to discuss proposed amendments to Chapter 62-701, which was scheduled for September 20, 2005, has been cancelled. Notice of this workshop was originally published on this website on September 2, 2005. The reason for the cancellation is to help reduce fuel consumption in the aftermath of Hurricane Katrina. This workshop is expected to be rescheduled, but no future date has been set. See http://tlhora6.dep.state.fl.us/onw/publications/9-NOC62701-9-9-05-INT.pdf

  • Solid and Hazardous Waste - The Department of Environmental Protection announces a rule development workshop to discuss proposed changes to Chapter 62-701, the Solid Waste Management Facilities rule. The first half of the workshop will focus on the management of CCA-treated wood, including a review of a draft BMP manual for the management of this material at disposal and recycling facilities. The second half of the workshop will focus on other proposed amendments to the rule, including any amendments put forth by the regulated community. The workshop will be held September 20, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/3-noticeofWORKSHOP-9-2-05-INT.pdf

Land Use:



  • State Lands/BOT - DEP, as staff to the Board of Trustees, announces a Notice of Change to add a dredging exception to the proposed amendments regarding unit:slip and 40:1 ratios applicable to private residential multi-family docks and piers in Ch. 18-21, F.A.C., published on November 12, 2004, and May 13, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/7-NOCUnitSlip-9-9-5-INT.pdf

  • State Lands/BOT - DEP, as staff to the Board of Trustees, announces a Notice of CORRECTION to the Notice of Change published July 29, 2005, regarding Rules 18-21.003, F.A.C., definitions for private residential multi-family and single-family docks and piers. The definitions section was not included in the Notice of Proposed Rulemaking published on November 12, 2004, and cannot be added through subsequent publication. Therefore, the Department is not proposing amendments to the two definitions as part of the proposed rule regarding unit:slip and 40:1 ratios that apply to private residential multi-family docks. The Department will consider filing a notice of rule development in the future to amend the definitions. See http://tlhora6.dep.state.fl.us/onw/publications/10-NOC1821UnitSlip-9-2-05-INT.pdf

Water:



  • Water Facilities Funding - The Department will hold a public workshop on October 12, 2005, to present the Plan for the intended use of the FY 2006 State Revolving Fund under Chapter 62-503, F.A.C. The public hearing will be held October 12, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/2-IUPNotice-9-9-05-INT.pdf

  • Water Facilities Funding - The Department will hold a public hearing on October 12, 2005 to receive comment and take action on management of the FY 2006 State Revolving Fund loan priority list under Chapter 62-503, F.A.C., and management of the Financially Disadvantaged Small Community grant priority list under Chapter 62-505, F.A.C. The public hearing will be October 12, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/3-SRFDSCGhrg-9-9-05-INT.pdf

General:



GEORGIA


General:



  • EPD is proposing to amend Chapter 391-1-2-.07, Procedures for Disposition of Contested Cases (the Stay Pending Final Action rule), by deleting the rule in its entirety and inserting a new rule 391-1-2-.07. The rule is revised in response to SB190 passed by the Georgia General Assembly during the 2005 session. The purpose of the rule change is to add a provision that limits the stay of an order or action of a decision maker if such petition is filed by a person to whom the order or action is not directed. The rule revision also adds to actions which do not stay an order or action of a decision maker: 1) filing of a petition for judicial review in superior court, and 2) the filing of a petition for judicial review by a person to whom the order or action is not directed, unless by order of the superior court. Written comments are due October 11, 2005. A public hearing will be held September 27, 2005. See http://environet.dnr.state.ga.us/admin/notice.pdf

HAWAII


Wildlife:



INDIANA


Air:



  • Title 326 Air Pollution Control Board -- Proposed Rule #05-78. IDEM has developed draft rule language for amendments to rule 326 IAC 2-6 to add particulate matter less than or equal to 2.5 micrometers (PM2.5) and ammonia (NH3) to the list of pollutants to be reported on the emission statement, add LaPorte County to the list of counties at 326 IAC 2-6-1(a)(2) subject to the emission statement requirements in Section 182(a)(3)(B) of the Clean Air Act, and any clarification that might be needed in 326 IAC 2-6. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking. Written comments are due October 3, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID326050078.PDF

  • Title 326 Air Pollution Control Board -- Proposed Rule #05-118. IDEM has developed draft rule language for amendments to 326 IAC 7-4-2 concerning sulfur dioxide (SO2) emission limitations for two coke oven battery underfire combustion stacks serving three coke oven batteries E, H, and No. 1. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking. Written comments are due October 3, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID326050118.PDF

  • Title 326 Air Pollution Control Board -- Proposed Rule #05-229. IDEM is soliciting public comment on amendments to rules 326 IAC 8-2 and 326 IAC 8-3 concerning volatile organic compound (VOC) emission limitations. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking. Written comments are due October 3, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID326050229.PDF

  • Title 326 Air Pollution Control Board -- Proposed Rule #05-230. IDEM has developed draft rule language for amendments to 326 IAC 1-1-3 concerning incorporation by reference of Code of Federal Regulations (CFR) and has scheduled a public hearing before the air pollution control board (board) for consideration of preliminary adoption of these rules. The public hearing will be held October 5, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID326050230.PDF

  • Title 326 Air Pollution Control Board -- Proposed Rule #05-231. IDEM is soliciting public comment on readoption of rules to 326 IAC 17.1 concerning public records; confidential information; confidentiality agreements. Written comments are due October 3, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID326050231.PDF

  • Title 326 Air Pollution Control Board -- Proposed Rule #05-232. IDEM is soliciting public comment on new rules to 326 IAC concerning instituting a state voluntary performance-based program similar to the United States Environmental Protection Agency's National Environmental Performance Track Program to provide opportunities and incentives for eligible companies to allocate resources towards continuous improvement of their environmental management system and pollution prevention programs. A public meeting will be held September 27, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID326050232.PDF

  • Title 326 Air Pollution Control Board -- Proposed Rule #05-235. IDEM has developed draft rule language for 326 IAC 1-3-4 concerning particulate matter ambient air quality standards and has scheduled a public hearing before the air pollution control board (board) for consideration of preliminary adoption of these rules. The public hearing will be held October 5, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID326050235.PDF

  • Title 326 Air Pollution Control Board -- Proposed Rule #05-236. IDEM has developed draft rule language for a new rule concerning national emission standards for hazardous air pollutants for steel pickling hydrochloric acid process sources and hydrochloric acid regeneration plants. IDEM has scheduled a public hearing before the air pollution control board (board) for consideration of preliminary adoption of these rules. The public hearing will be held October 5, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID326050236.PDF

  • Title 326 Air Pollution Control Board -- Proposed Rule #04-200. Fiscal Impact Statement. A public hearing will be held October 5, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID326040200.PDF

  • Title 326 Air Pollution Control Board -- Final Rule #02-335. Adds 326 IAC 6.5 and 326 IAC 6.8 to renumber the current rule into two articles, with counties divided by rules and sources divided by sections. Repeals 326 IAC 6-1. Effective 30 days after filing with the Secretary of State. Published in the Indiana Register on September 1, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/02F326020335.PDF

  • Title 326 Air Pollution Control Board -- Final Rule #04-300. Adds 326 IAC 20-90 through 326 IAC 20-94 concerning stationary combustion engines, lime manufacturing plants, iron and steel foundries, integrated iron and steel manufacturing, and mercury cell chlor-alkali plants, respectively. Effective 30 days after filing with the Secretary of State. Published in the Indiana Register on September 1, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/02F326040300.PDF

  • Title 327 Water Pollution Control Board -- Final Rule #04-320. Adds 327 IAC 3-2-1.5, 327 IAC 3-2-3.5, and 327 IAC 3-2-5.5 concerning state permits for the construction of water pollution treatment/control facilities and sanitary sewers. Effective 30 days after filing with the Secretary of State. Published in the Indiana Register on September 1, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/02F327040320.PDF

Hazardous & Solid Wastes:



  • Title 329 Solid Waste Management Board -- #05-219. IDEM is soliciting public comment on new rules and amendments to rules in 329 IAC 4.1 regulating wastes containing polychlorinated biphenyls (PCBs). Written comments are due October 3, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID329050219.PDF

  • Title 329 Solid Waste Management Board -- #05-234. IDEM is soliciting public comment on new rules to 329 IAC concerning instituting a state voluntary performance-based program similar to the United States Environmental Protection Agency's National Environmental Performance Track Program to provide opportunities and incentives for eligible companies to allocate resources towards continuous improvement of their environmental management system and pollution prevention programs. IDEM seeks comment on inclusion of a voluntary performance program into Title 329. A public meeting will be held September 27, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID329050234.PDF

  • Title 329 Solid Waste Management Board -- Final Rule #04-318. Amends 329 IAC 3.1-6-6 to increase the amount of treated electric arc furnace dust generated by Heritage Environmental Services, LLC and Nucor Corporation at the Nucor Steel, Division of Nucor Corporation, facility located in Crawfordsville, Indiana that can be excluded from regulation as hazardous waste from 30,000 cubic yards to 60,000 cubic yards per year. Effective 30 days after filing with the Secretary of State. Published in the Indiana Register on September 1, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/02F329040318.PDF

Land:



  • Title 312 Natural Resources Commission -- Proposed Rule #05-99. Repeals 312 IAC 17-3 that governs the regulation of geophysical surveying operations because the statutory authority for the rule was repealed by P.L.80-2005 (SEA 442), which became effective on July 1, 2005, as it pertains to this rule. A public hearing will be held September 20, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/08P312050099.PDF

Water:



  • Title 327 Water Pollution Control Board -- #05-218. IDEM is soliciting public comment on amendments to rules and new rules at 327 IAC 2-1, 327 IAC 2-1.5, and 327 IAC 5-2 and 327 IAC 5-3 concerning establishment of a CSO wet weather limited use subcategory and permit compliance schedules for qualifying communities affected by combined sewer overflows (CSO). Written comments are due September 30, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID327050218.PDF

  • Title 327 Water Pollution Control Board -- #05-233. IDEM is soliciting public comment on new rules to 327 IAC concerning instituting a state voluntary performance-based program similar to the United States Environmental Protection Agency's National Environmental Performance Track Program to provide opportunities and incentives for eligible companies to allocate resources towards continuous improvement of their environmental management system and pollution prevention programs. IDEM seeks comment on inclusion of a voluntary performance program into Title 327. A public meeting will be held September 27, 2005. See http://www.in.gov/legislative/register/Vol28/12Sep/11ID327050233.PDF

Wildlife:



  • Title 312 Natural Resources Commission -- Proposed Rule #05-213. Amends 312 IAC 18-3-12, which governs standards for the control of larger pine shoot beetles, by adding Dearborn County to the state quarantine area. Dearborn County is already subject to a federal quarantine for larger pine shoot beetles. See http://www.in.gov/legislative/register/Vol28/12Sep/07NO312050213.PDF

  • Title 312 Natural Resources Commission -- Proposed Rule #05-214. Amends 312 IAC 9 concerning taking, chasing, and possessing wild animals; fishing, hunting, and trapping without a license by owners and lessees of farmland; tagging requirements for deer hunting; hunting deer by firearms; coyotes; bobcats; river otters; badgers; endangered species of mammals; migratory birds and waterfowl; mute swans; tagging requirements for wild turkey hunting; special purpose turtle possession permits; taxidermist licenses; nuisance wild animal control permits; and fur buyers licenses. Establishes new requirements for confining, enclosing, and housing of bobcats under a wild animal possession permit. See http://www.in.gov/legislative/register/Vol28/12Sep/07NO312050214.PDF

LOUISIANA


Air:



  • New or Revised Emissions Estimation Methods (LAC 33:III.501), effective August 25, 2005. The secretary of the department hereby declares that an emergency action is necessary to implement rules concerning the use of new or revised emissions estimation methods for annual compliance certifications required by LAC 33:III.507.H. 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. The department is drafting a rule to promulgate these regulation changes. 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. LAC 33:III.919.C requires that emissions reported in the emissions inventory shall be calculated using the best available information. The department realizes that the Clean Air Act (42 U.S.C. §7430) requires EPA to periodically review AP-42 factors and that such emission factors may change upwards or downwards due to receipt of improved data. The failure to adopt this rule on an emergency basis (i.e., without the delays for public notice and comment) would result in imminent peril to the public welfare. The air regulations require that permittees use the latest version of any AP-42 factor used to calculate emissions reported on an annual emissions inventory. For some facilities, this will result in a change in the calculation of emissions from levels that were previously in compliance with permit limits to levels that exceed those permit limits. Those facilities that have been reporting emissions in compliance with their permits may now be reporting emissions that exceed permit limits, even though their actual emissions have not changed. As a result, these facilities face potential enforcement actions, including substantial civil penalties. Some such facilities may elect to reduce or cease operations, which would have severe economic consequences for the firms involved, as well as their employees, suppliers, and customers. Adding LAC 33:III.501.C.11 allows the department to review changes in emission factors on a case-by-case basis prior to any actions taken by the department. See http://www.deq.state.la.us/planning/regs/pdf/AQ240E3.pdf

  • Incorporation by Reference of 40 CFR Part 63 as It Applies to Major Sources (LAC 33:III.5122). This proposed rule removes 40 CFR Part 63, Subpart D, from the subparts of the federal regulations that are incorporated by reference by the department. This will correctly reflect the subparts that the state is responsible for. 40 CFR Part 63, Subpart D, was incorporated by reference inadvertently in previous rulemaking. The basis and rationale for this proposed rule are to correct the incorporation by reference to reflect the subparts that the state is responsible for. Written comments are due November 1, 2005. A public hearing will be held October 25, 2005. See http://www.deq.state.la.us/planning/regs/pdf/AQ254pro.pdf

  • Substantive Changes to Proposed Rule AQ246F, Nonattainment New Source Review; Prevention of Significant Deterioration (LAC 33:III.504 and 509) (AQ246FS). The department is seeking to incorporate substantive changes to the proposed amendments to the Air Quality regulations, LAC 33:III.504 and 509 (Log #AQ246FS), which were originally noticed as AQ246F in the June 20, 2005, issue of the Louisiana Register. This rule is also being proposed as a revision to the Louisiana State Implementation Plan (SIP). Written comments are due October 25, 2005. A public hearing will be held October 2005. See http://www.deq.state.la.us/planning/regs/pdf/AQ246FS_0509Pot1.pdf

  • Solicitation of Comments on Revision of Comprehensive Toxic Air Pollutant Emission Control Program. The Department of Environmental Quality is proposing to revise the Louisiana Air Toxics regulations in LAC 33:III.Chapter 51, Subchapter A. LAC 33:III.Chapter 51, Subchapter A was originally promulgated in December 1991 pursuant to R.S. 30:2060. There have been several revisions to the regulations since; however, the department is considering a comprehensive review of Subchapter A. Revisions will be proposed to revise dated language in the regulations and update the Louisiana Ambient Air Quality Standards to ensure protection of human health and the environment by applying the most recent and best scientific data available. Written comments are due November 20, 2005. After the end of the comment period, a stakeholder meeting will be scheduled. See http://www.deq.state.la.us/planning/regs/pdf/0509Pot3.pdf

  • Substantive Changes to Proposed Rule AQ246L, Nonattainment New Source Review; Prevention of Significant Deterioration Louisiana Revisions (LAC 33:III.504 and 509) (AQ246LS). The department is seeking to incorporate substantive changes to the proposed amendments to the Air Quality regulations, LAC 33:III.504 and 509 (Log #AQ246LS), which were originally noticed as AQ246L in the June 20, 2005, issue of the Louisiana Register. This rule is also being proposed as a revision to the Louisiana State Implementation Plan (SIP). Written comments are due October 23, 2005. A public hearing will be held October 23, 2005. See http://www.deq.state.la.us/planning/regs/pdf/AQ246LS_0509Pot2.pdf

Hazardous & Solid Wastes:



  • Sewage Sludge Regulatory Management (LAC 33:VII.301 and 303; and IX.107, 6901, 6903, 6905, 6907, 6909, 6911, & 7135), effective September 1, 2005. The secretary of the department hereby declares that an emergency action is necessary in order to prevent the unauthorized disposal of sewage sludge in treatment works treating domestic sewage and other areas unprepared to receive the waste stream. See http://www.deq.state.la.us/planning/regs/pdf/OS066E.pdf

  • Remediation of Sites with Contaminated Media (LAC 33:V.109.Hazardous Waste Definition). Current regulation causes contaminated environmental media to retain the description of having RCRA-listed waste "contained-in," therefore complicating and impeding the remediation of the site or possibly halting it completely due to administration and disposal issues. This rule will remove a regulatory hurdle that deters site remediation by promulgating the guidance recommended by the Environmental Protection Agency (EPA). One of the most significant impediments to progress in the RCRA corrective action program has been the high cost of remediation waste management. Consequently, EPA has devoted much attention to management of remediation wastes and instituted a number of changes to the corrective action program that are designed to tailor management requirements to the risks posed by the wastes. The waste handling process will be simplified by reducing administrative requirements and providing greater consistency with non-RCRA waste handling requirements and practices. This will provide strong motivation to initiate and accelerate voluntary remediation of contaminated sites without increasing risks to human health or the environment. This rule will promulgate Emergency Rule HW084E6, which was effective July 30, 2005, and published in the August 20, 2005, issue of the Louisiana Register. The basis and rationale for this rule are to promote voluntary remediation of contaminated sites without increasing risks to human health. Written comments are due November 1, 2005. A public hearing will be held October 25, 2005. See http://www.deq.state.la.us/planning/regs/pdf/HW084pro.pdf

  • Waste Tire Management Fund Grants and Loans (LAC 33:VII.10505, 10537, 10538, and 10539). The rule provides the guidelines for persons to apply for grants and loans from the Waste Tire Management Fund. The rule provides a formal process for persons applying for the use of the funds to supply the information necessary for the department to make a decision on whether the proposal serves the purpose of solving the state’s waste tire problem. The rule also provides for penalties for violations of the terms and conditions imposed on the use of the funds. Act 789 of the 2003 Regular Session of the Louisiana Legislature amended R.S. 30:2418(H)(3) to provide that 5 percent of the funds in the Waste Tire Management Fund be set aside for providing technical assistance to encourage market research and development projects and to encourage the development of products that are marketable and provide a beneficial use and for promotion of those products that have a beneficial use. The basis and rationale for this proposed rule are to provide guidance on applying for grants and loans from the Waste Tire Management Fund. Written comments are due November 1, 2005. A public hearing will be held October 25, 2005. See http://www.deq.state.la.us/planning/regs/pdf/SW040Ppro.pdf

Land Use:



  • Brownfields Cleanup Revolving Loan Fund Program (LAC 33:VI.1101, 1103, 1105, 1107, 1109, 1111, 1113, 1115, 1117, and 1119). The purpose of these regulations is to establish procedures for the establishment and operation of a Brownfields Cleanup Revolving Loan Fund Program that will make low-interest loans available to political subdivisions, public trusts, quasi-governmental organizations, nonprofit organizations, or private entities for the cleanup of brownfields properties. Effective September 20, 2005. See http://www.deq.state.la.us/planning/regs/pdf/IA005fin.pdf

MAINE


Water:



  • Amendments to Ch.1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances (republication; comment deadline extended). This rule will amend the State of Maine Guidelines for Municipal Shoreland Zoning Ordinances, the model ordinance that contains the minimum standards that municipalities must incorporate into municipally adopted ordinances for shoreland areas. Shoreland areas include those areas within 250 feet on the normal high-water line of any great pond, river or saltwater body, within 250 feet of the upland edge of a freshwater or coastal wetland, or within 75 feet of the normal high-water line of a stream. A public hearing was held September 8, 2005, at which the Board voted to extend the written comment period to October 19, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/091405.htm

  • Ch. 127, New Motor Vehicle Emission Standards. The purpose of this rulemaking is to adopt California's green house gas emission (GHG) standards for new motor vehicles commonly referred to as the "Pavley" standards. These climate change emission standards will be incorporated into Ch. 127, the CA Low Emission Vehicle (LEV) program for light and medium duty vehicles. The standards will phase in beginning with 2009 model year through 2016, allowing changes to be made as part of the automobile manufacturers' product improvement cycle. The regulation allows significant flexibility for manufacturers to average emissions across their vehicle models, bank excess credits for later use and trade credits in order to meet the GHG emission standards. Motor vehicle emissions account for approximately 25% of total anthropogenic GHG emissions in the Northeast. Motor vehicle miles traveled are predicted to increase representing the fastest growing portion of the region's overall GHG inventory. The northeast states are committed to reducing GHG emissions that contribute to climate change, and therefore are seeking to address the emissions contribution from vehicles. Written comments are due October 16, 2005. A public hearing will be held October 6, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/091405.htm

Wildlife:



  • Ch. 4.02, Migratory Bird Hunting. The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2005 Migratory Bird Hunting Season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Effective September 7, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/091405.htm

  • Ch. 1, Open Water and Ice Fishing Regulations. The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. An initiative to simplify and standardize brook trout regulations is being undertaken and a list containing the proposed changes to specific waters may be obtained by the Agency Contact Person listed below. These proposals were also contained on a list of waters advertised and made available earlier identified as "non-hearing proposals"; based on public input received regarding the list, the Department has scheduled a public hearing on the proposals. Written comments are due October 11, 2005. A public hearing will be held September 29, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/090705.htm

  • Ch. 4, Hunting and Trapping (4.06, Wild Turkey Hunting Season). The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule amending the wild turkey hunting season by adding WMDs 10 and 11 to the turkey hunting zone and removing WMD 27. This is being done as a result of the adjustments made to the Wildlife Management Districts in an earlier rulemaking proceeding that takes effect with the spring wild turkey hunting season. Comments are due October 7, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/090705.htm

General:



  • Ch. 685, Payment and Reimbursement of Oil Transfer Fees. This proposed rule sets forth the procedure for paying fees on the transfer and transport of oil. Maine law at 38 MRSA §551, sub-§4, and §569-A, sub-§5, requires marine oil terminal operators and persons who transport oil into Maine by road or rail to pay a fee ranging from 3¢ per barrel on unrefined crude oil to 38¢ per barrel on gasoline. The fees are deposited in the Maine Coastal and Inland Surface Oil Clean-up Fund and the Ground Water Oil Clean-up Fund to pay costs incurred by the department to prevent, contain and clean up oil spills. Written comments due October 7, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/090705.htm

MARYLAND


General:



MASSACHUSETTS


Air:



  • Proposed Greenhouse Gas Amendments to 310 CMR 7.40. These proposed amendments to the Low Emissions Vehicle (LEV) program adopt California’s Greenhouse Gas (GHG) exhaust emission standards and test procedures for passenger cars, light-duty trucks and medium-duty passenger vehicles. The standards will apply beginning with model year 2009 vehicles. Written comments due October 27, 2005. A public hearing will be held October 17, 2005. See http://www.mass.gov/dep/bwp/daqc/files/regs/ghgasnot.pdf

MINNESOTA


Air:



  • The Commissioner of the Minnesota Pollution Control Agency (MPCA) requests comments on a proposed strategy outlining the MPCA’s intent to implement U.S. Environmental Protection Agency’s (U.S. EPA) Guidelines for Best Available Retrofit Technology (BART) for qualifying sources in Minnesota. U.S. EPA’s BART Guidelines provide each state with discretion in the application of BART. The proposed “BART Strategy for Minnesota” outlines the MPCA’s intent in each area of the Guidelines where a state is offered options. Written comments due October 21, 2005. A public hearing will be held October 4, 2005. See http://www.pca.state.mn.us/news/data/bdc.cfm?noticeID=268749&blobID=11170&docTypeID=4

Water:



  • Notice of Availability of Draft Revised Regional TMDL Evaluation of Fecal Coliform Bacteria Impairments in the Lower Mississippi River Basin in Minnesota and Request for Comment. The Minnesota Pollution Control Agency (MPCA) is requesting comments on the draft Revised Regional Total Maximum Daily Load (TMDL) Evaluation of Fecal Coliform Bacteria Impairments in the Lower Mississippi River Basin in Minnesota. Thirty-nine stream reaches in the Lower Mississippi and Cedar River basins are impaired for swimming. Fecal coliform levels in the identified reaches violate Minnesota water quality standards. Written comments due October 12, 2005. See http://www.pca.state.mn.us/news/data/bdc.cfm?noticeID=268848&blobID=11208&docTypeID=4

MISSOURI


Air:



  • Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri. The commission adopts a rule as follows: 10 CSR 10-6.360 is adopted. A notice of proposed rulemaking containing the text of the proposed rule was published in the Missouri Register on March 15, 2005 (30 MoReg 522–548). Effective 30 days after publication (September 1, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n17/v30n17b.pdf, page 1825.

  • Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri. By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo 2000, the commission adopts a rule as follows: 10 CSR 10-6.380 is adopted. A notice of proposed rulemaking containing the text of the proposed rule was published in the Missouri Register on March 15, 2005 (30 MoReg 549–552). Effective 30 days after publication (September 1, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n17/v30n17b.pdf, page 1845.

  • Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri. By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo 2000, the commission adopts a rule as follows: 10 CSR 10-6.390 is adopted. A notice of proposed rulemaking containing the text of the proposed rule was published in the Missouri Register on March 15, 2005 (30 MoReg 553–554). Effective 30 days after publication (September 1, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n17/v30n17b.pdf, page 1848.

MONTANA


Land:



  • Proposed Amendment of ARM 17.24.116 (Hard Rock Mining - Application Requirements for Operating Permits - MAR Notice No. 17-230). The amendment to ARM 17.24.116 is proposed to ensure that water pollution is prevented and to implement the requirement that reclamation is completed within two years of completion of mining. Written comments are due January 18, 2006. Public hearings will be held January 10 and 11, 2006. See http://www.deq.state.mt.us/dir/legal/Notices/17-230.pro.pdf

NEW HAMPSHIRE


General:



  • Selection of Consulting Engineering Firms. The existing rules establish the requirements for listing a consulting engineering firm on the Department’s roster of pre-qualified engineers and removing a listed firm from the roster, and the selection process that must be followed by political subdivisions (“clients”) if they wish to receive funding from the Department or the U.S. Environmental Protection Agency (“US EPA”) for certain projects relating to water and wastewater improvements. The amendments are intended to clarify the rules, including clarifying that in order to be eligible for funding, the client must select the consulting engineering firm based on qualifications, not an estimate of fees. Written comments are due November 7, 2005. A public hearing will be held October 26, 2005. See http://www.des.state.nh.us/RuleMaking/notice2005/Env-Ws_600.pdf

NEW JERSEY


Hazardous & Solid Wastes:



  • Solid Waste Rules; Penalties, Grace Period Provisions Proposed Amendments and New Rule, N.J.A.C. 7:26-5.10 & N.J.A.C. 7:26H-5.24. The Department is proposing to amend the Solid Waste Rules, N.J.A.C. 7:26, and the Solid Waste Utility Regulations, N.J.A.C. 7:26H, to identify violations of the Solid Waste Rules and the Solid Waste Utility Regulations as either minor or non-minor for the purpose of providing grace periods in accordance with P.L. 1995, c. 296 (N.J.S.A. 13:1D-125 et seq.), commonly known as the Grace Period Law. The proposed amended rules set forth how the Department will respond to any violation identified as minor. The Department is also proposing to add penalties for violations not previously included in these rules and to revise the base penalties for all violations. Written comments are due November 5, 2005. A public hearing will be held October 3, 2005. See http://www.nj.gov/dep/rules/notices/090605d.htm

Land:



  • Coastal Permit Program Rules, N.J.A.C. 7:7. The Land Use Regulation Program proposes to increase its waterfront development, coastal wetlands and CAFRA application fees by approximately 20%. Some illustrative examples: The fee for a coastal general permit would increase from $500 to $600. The base fee for residential development for waterfront development and CAFRA permit applications, larger than one single family home/duplex, would increase from $6,000 to $7,200. Additionally, new fees are proposed for major development requiring stormwater/water quality review in accordance with the Stormwater Management rules (N.J.A.C. 7:8). Written comments are due November 5, 2005. A public hearing will be held October 3, 2005. See http://www.nj.gov/dep/rules/notices/090605c.htm

Water:



  • Surface Water Quality Standards Proposed Readoption with Amendments to N.J.A.C. 7:9B. The Department is proposing to amend the SWQS at N.J.A.C. 7:9B-1.4, 1.5, 1.6, 1.14, and 1.15. Several new definitions are proposed at N.J.A.C. 7:9B-1.4. The Department is proposing several amendments to N.J.A.C. 7:9B-1.5 to clarify the existing rule language and to recodify implementation policies regarding bacterial and temperature criteria. At N.J.A.C. 7:9B-1.5(d) the Department is proposing antidegradation implementation requirements for NJPDES point source discharges. At N.J.A.C. 7:9B-1.5(e)7, the Department is proposing to require monitoring for mercury and PCBs using the more sensitive USEPA approved methods. At N.J.A.C. 7:9B-1.15, the Department is proposing to reclassify and/or upgrade the antidegradation designation of several streams based on the fish sampling data. The Department is also proposing criteria for toxic pollutants based on the updated USEPA 304(a) recommended criteria. Written comments are due November 18, 2005. A public hearing will be held October 24, 2005. See http://www.nj.gov/dep/rules/proposals/091905a.pdf

  • Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A-11. The Land Use Regulation Program proposes to increase its freshwater wetland application fees by approximately 20%. Some illustrative examples: The fee for a Letter of Interpretation (“LOI”) would increase from $200 to $240. A line verification LOI, one acre or larger, would increase from $500 to $600, plus a per acre fee increase from $70 to $84. The cap for all permit fees will be $60,000, a 20% increase from the existing limit of $50,000. Additionally, new fees are proposed for major development requiring stormwater/water quality review in accordance with the Stormwater Management rules (N.J.A.C. 7:8). Written comments are due November 5, 2005. A public hearing will be held October 3, 2005. See http://www.nj.gov/dep/rules/notices/090605b.htm

General:



  • Proposed Readoption with Amendments: N.J.A.C. 7:1D, Proposed Repeal and New Rule: N.J.A.C. 7:1D, Appendix A. The rules establish the procedures for the public to petition the Department for rulemaking; contain requirements related to contractor debarment; establish the circumstances under which the Department will extend the public comment period and hold a public hearing on a rule proposal; and list the methods by which the Department will provide notice of rulemaking to the public. The Department is proposing to readopt these provisions without change. Written comments are due November 5, 2005. See http://www.nj.gov/dep/rules/notices/090605a.htm

NEW MEXICO


Water:



  • The New Mexico Environment Department (NMED), Surface Water Quality Bureau (SWQB) is inviting the public to comment on draft “total maximum daily load” (TMDL) documents for the San Juan Watershed, defined as Navajo Nation Boundary at the Hogback to Navajo Dam. Draft Part Two TMDLs include: Animas River (nutrients) and La Plata River (dissolved oxygen). Written comments are due October 23, 2005. A public meeting will be held October 12, 2005. See http://www.nmenv.state.nm.us/swqb/PublicNotice/SanJuan/SanJuan2PublicNotice10-2005.pdf

NORTH CAROLINA


Wildlife:



  • Notice is hereby given in accordance with G.S. 150B-21.2 that the Wildlife Resources Commission intends to adopt the rule cited as 15A NCAC 10F .0372 and amend the rules cited as 15A NCAC 10F .0317, .0351. The purpose of the proposed action are: 15A NCAC 10F .0317 - Establish a no-wake zone in Stanly County on Lake Tillery; 15A NCAC 10F .0351 – Establish a no-wake zone on the Neuse River within the city limits of New Bern; 15A NCAC 10F .0372 – Establish no wake zones in Hertford county in the waters of the Chowan River & Wiccacon River Written comments are due November 14, 2005. A public hearing will be held October 3, 2005. See http://ncrules.state.nc.us/ncregister_/volume20issue06/content.htm, page 312.

  • Effective September 1, 2005, the following are approved: 15A NCAC 03I .0101, Definitions; 15A NCAC 03I .0105, Leaving Devices Unattended; 15A NCAC 03J .0104, Trawl Nets; 15A NCAC 03J .0106, Channel Nets; 15A NCAC 03J .0107, Pound Net Sets; 15A NCAC 03J .0301, Pots; 15A NCAC 03L .0201, Size Limit and Culling Tolerance; 15A NCAC 03M .0515 , Dolphin; 15A NCAC 03M .0517, Wahoo; 15A NCAC 03O .0202, Shellfish Bottom and Water Column Lease Applications; 15A NCAC 03O .0205, Lease Renewal; 15A NCAC 03O .0501, Procedures and Requirements to Obtain Permits; 15A NCAC 03O .0502, Permit Conditions: General; 15A NCAC 03O .0503, Permit Conditions: Specific; 15A NCAC 03R .0103, Primary Nursery Areas; 15A NCAC 03R .0107, Designated Pot Areas; and 15A NCAC 06E .0103, Allocation Guidelines and Procedures. See http://ncrules.state.nc.us/ncregister_/volume20issue06/content.htm, page 328-81.

OKLAHOMA


Hazardous & Solid Wastes:



  • Chapter 205 Hazardous Waste Management. DEQ intends to amend or revoke Subchapter 1. General Provisions, Subchapter 3. Incorporation by Reference, Subchapter 5. Additional Generator Requirements, Subchapter 9. Additional Treatment, Storage, Disposal and Recycling Requirements, Subchapter 15. Transfer Stations, Subchapter 17. Tax Credits, Subchapter 19. Additional Rules for Recycling, Subchapter 21. Fees, Subchapter 23. Hazardous Waste Fund Act Projects, Appendix A. Refund for Volume Reduction. The purposes of the proposed amendments are: (1) to update the reference to the federal hazardous waste regulations found in Title 40 of the Code of Federal Regulations (40 CFR), to incorporate by reference the 40 CFR regulations as they existed on July 1, 2005; (2) to incorporate amendments to 40 CFR that took effect after July 1, 2005; (3) to eliminate rules that pertain to revoked statutes; (4) to update regulatory citations for other DEQ rules; and (5) to apply various minor formatting changes to simplify reading. Written comments are due November 15, 2006. A public hearing will be held November 15, 2005. See http://www.oar.state.ok.us/register/Volume-22_Issue-24.htm

Land:



OREGON


General:



  • DEQ is proposing changes to the rules governing procedures for enforcing state environmental regulations and statutes, including civil penalties. Written comments are due October 17, 2005. Public hearings will be held October 4, 5, and 6, 2005. See http://www.deq.state.or.us/news/prDisplay.asp?docID=1911

RHODE ISLAND


Hazardous & Solid Wastes:



  • DEM proposes the amendment of "Rules and Regulations for Composting Facilities and Solid Waste Management Facilities, promulgated January 10, 1997" and amended April 17, 2001. The proposed amendments generally include revisions mandated by state statutes to the following: (1) Solid Waste Regulation No. 1 - General Requirements and (2) Solid Waste Regulation No. 8 - Rhode Island Solid Waste Composting Facilities. A public hearing will be held September 20, 2005. See http://www.dem.ri.gov/programs/benviron/waste/sw18pn.htm

Vermont


Air:



  • Outdoor Wood-fired Boilers - Emission Limits. On August 12, 2005, the Agency filed proposed regulations with the Secretary of State that would set a particulate matter emission limit for newly manufactured outdoor wood-fired boilers sold in Vermont or for installation in Vermont, among other provisions. The existing rule on these boilers (which includes set back and stack height requirements) would remain in effect for existing boilers, with some minor changes. Written comments are due October 4, 2005. A public hearing will be held September 27, 2005. See http://www.anr.state.vt.us/air/htm/ProposedAmendments.htm

VIRGINIA


Water:



WASHINGTON


Water:



  • Chapter 173-175 WAC, Dam Safety - Rule Adoption. Chapter 173-175 WAC, Dam Safety, defines how the State of Washington regulates dams. The rule defines the jurisdiction of the State over dams, and requires permits for construction of dams, sets terms for operation of dams in Washington and their inspection by the State, and describes agency enforcement powers and procedures for unsafe or illegal dams. Effective October 1, 2005. See http://www.ecy.wa.gov/pubs/0511024.pdf

WEST VIRGINIA


Water:



WISCONSIN


Land Use:



  • September 20, 21, 28 & 29--Proposed changes in regulations affecting the state’s larger livestock facilities will be the topic of eight additional public information sessions scheduled statewide later this month. The Department of Natural Resources is conducting the extra informational sessions to ensure farmers and others have ample opportunities to learn about, and provide feedback about, the proposed rule changes. The public comment period on the rule changes also has been extended through Oct 14. The proposed changes apply primarily to larger-scale operations known as Concentrated Animal Feeding Operations, or CAFOs, which have at least 1,000 animal units and are required to get a state water quality protection permit. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

Water:



  • September 20--A public hearing on a Clear Water Initiative Green Tier Charter that aims to reduce the overall sediment delivery to Dane County’s lakes and streams beyond current state and local requirements will be held. The Charter is a partnership effort between the regulatory community (Dane County, the City of Madison, the City of Sun Prairie, and the Department of Natural Resources) and the building community (Veridian Homes LLC, a builder of single and multi family homes). When completed, this Charter will allow other developers and municipalities to join the Charter by demonstrating an ability to comply with the terms and condition of the Charter. This effort to involve multiple stakeholders is producing an opportunity for industry, state and local governments to work together as never before. The charter includes routine self reporting through periodic third party audits and a weekly virtual inspection program, a contractor training program, early involvement by the regulatory community in the planning phase of developments, and establishment of minimum performance standards for subdivisions and individual lots. Public comments are due September 26, 2005. See http://www.dnr.state.wi.us/org/caer/cea/environmental/participants/clearwaters/index.htm

Wildlife:



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


INTERNATIONAL

EUROPEAN UNION CAN CRIMINALLY PROSECUTE POLLUTERS



  • The European Union's (EU's) high court ruled that European governments can criminally prosecute companies that violate the EU's environmental laws. The ruling resolves a dispute between the EU Commission and EU governments over the Commission's anti-pollution law, which requires member nations to consider the discharge of wastes and radiation to be criminal offenses. The national governments failed to incorporate the requirement into domestic law and argued that criminal prosecutions are a matter of national policy. See http://www.enn.com/today.html?id=8790

MEXICO ELIMINATES CHLOROFLUOROCARBON PRODUCTION BEFORE DEADLINE



  • Mexico has stopped producing ozone-depleting chlorofluorocarbons (CFCs) four years ahead of the deadline set by the Montreal Protocol. Mexico's CFC measures make it the first developing country to eliminate CFC production and will reduce worldwide production of the chemicals by 12%. The country is now focusing on eliminating the use of CFCs in old refrigerators that still use them as a coolant. See http://seattlepi.nwsource.com/national/apscience_story.asp?category=1501&slug=Mexico%20Ozone%20Layer

OVER 20 NATIONS AGREE TO PROTECT GREAT APES



  • A meeting in the Democratic Republic of Congo between governments from nations where the great apes live (range states) and donor nations resulted in the Kinhasa Declaration, which acknowledges that poverty is the main cause of poaching and deforestation. The signatory range states agreed to develop national conservation plans, and the western nations and international agencies agreed to financially support the plans. The agreement comes after warnings from experts that some wild ape populations could become extinct within a generation. See http://news.bbc.co.uk/1/hi/sci/tech/4232174.stm

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


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