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Weekly Update Volume 35, Issue 28
THE FEDERAL AGENCIES
IN THE STATES
Leslie Carothers, Publisher
Note: The cases listed are available from the ELR Document Service.
A district court dismissed an environmental group's CWA claim against a shooting range club for depositing lead shot in and about a tributary to the Potomac River, but it held that the group may go forward with its RCRA claim. In November 2003, nearly 18 months before suit was filed, the club ceased operating the range, and the state environmental agency instructed the club that it could not reopen the range until it was physically reconfigured to ensure that no lead shot could reach areas protected under the CWA. Thus, no reasonable juror could find that the club would discharge lead shot in the future, and the group's CWA claim was dismissed. Unlike the CWA claim, however, the club's cessation of operations does not absolve it of RCRA liability. The movement of previously disposed solid waste may constitute a violation of RCRA. A genuine dispute exists, however, as to whether the lead shot threatens the environment. The court, therefore, denied the group's motion for summary judgment and the club's motion to dismiss on the RCRA claim. Potomac Riverkeeper, Inc. v. National Skeet & Trap Club, Inc., No. WDQ-05-549, 35 ELR 20201 (D. Md. Sept. 27, 2005) (Quarles, J.) (14 pp.).
A district court held that developers of a residential subdivision allowed sediment to escape the subdivision in stormwater discharges and to accumulate in nearby ponds in violation of their CWA permit. The developers argued that they should be immune from liability because they offered to remove the sediment from the ponds but could not do so because they were not granted access to the site. But their offer to remove the sediment was not made until approximately one year after the discharges began. Thus, even assuming they had been permitted to implement their remediation offer and that this offer would have remedied the entirety of their discharges of sediment, this simply would not have constituted removing the sediment "at a frequency to minimize further negative effects" as required by the permit. Plaintiffs also argued that the developers, on 27 specific dates, discharged stormwater from the subdivision in violation of Texas water quality standards. But the existence of genuine issues of material fact precludes the issuance of summary judgment on this claim. Environmental Conservation Organization v. Bagwell, No. 4:03-CV-807-Y, 35 ELR 20202 (N.D. Tex. Sept. 28, 2005) (Means, J.) (4 pp.).
A district court dismissed an individual's qui tam action against various airports for certifying that their actions complied with various environmental laws in order to obtain funds from the FAA. Specifically, the individual argued that the Airports' deicing operations violated the CAA because they never obtained Title V permits for their emissions of ethylene and propylene glycol and that they violated CERCLA and EPCRA by failing to notify certain local and federal government agencies about their discharge of these chemicals in quantities that he maintains exceeded acceptable levels. Violations of federal environmental laws, alone, do not support False Claims Act claims; thus, an entity that unwittingly violates an environmental law and then certifies compliance does not necessarily violate the False Claims Act. Here, no reasonable juror could conclude that the airports knowingly presented false data to the government regarding the environmental effects of their deicing operations. The individual's fraud-based claims must therefore be dismissed. United States ex rel. Nguyen v. City of Cleveland, Nos. 1:00CV208, 1:03CV1563, 35 ELR 20200 (N.D. Ohio Sept. 30, 2005) (O'Malley, J.) (15 pp.).
A district court dismissed on motions for summary judgment landowner's trespass, negligence, and CERCLA claims against their neighbor for groundwater contamination. The landowners failed to set forth evidence that their neighbor breached a duty of care. Further, while they have generally asserted in answers to interrogatories that their property has suffered damages and will suffer damages, the record contains no evidence or affidavits as to their remaining damage claims for insurance premiums and diminution in the value of the property. The trespass claim was also without merit. The landowner offers no evidence that the entry of contaminants was purposeful or substantially certain to occur, that the neighbor intended contaminants to enter the landowner's property, or that the neighbor even caused the contamination to enter the landowner's property. Defendant therefore is entitled to summary judgment on this claim. And the CERCLA claim is not ripe. Equity Asset Corp. v. B/E Aerospace, No. 04-2245-KHV, 35 ELR 20199 (D. Kan. Sept. 29, 2005) (Vratil, J.) (9 pp.).
A bankruptcy court disallowed companies' claims against a debtor for costs associated with the clean up of a variety of environmental hazardous at a recycling site in Wylie, Texas. The companies and the debtor, which are PRPs with respect to that site, entered into a participation agreement to work together to comply with EPA's requests and better manage the cleanup. The agreement provided that the debtor can withdraw from the agreement, and the debtor exercised that right of withdrawal at a time when it owed no money to the companies. And without the benefit of the agreement, the companies' claims cannot survive scrutiny. The U.S. Supreme Court's decision in Cooper Industries, Inc. v. Aviall Services, Inc., 125 S.Ct. 577, 34 ELR 20154 (2004), limits the companies' ability to make a CERCLA §113(f) contribution claim against the debtor. And although Aviall is silent as to whether an implied contribution right may exist under CERCLA §107(a), the U.S. Court of Appeals for the Seventh Circuit has rejected an implied contribution remedy under §107(a). In re FV Steel & Wire Co., No. No. 04-22421-svk, 35 ELR 20196 (Bankr. Ct. E.D. Wis. Sept. 27, 2005) (Kelley, J.) (12 pp.).
A district court held that insurance companies have no duty to defend or indemnify a scrap metal company for underlying environmental contamination claims stemming from the illegal disposal of salt cake. One insurer had no duty to defend or indemnify the company because the evidence clearly demonstrated that the policy had been canceled. And absolute pollution exclusion provisions barred a second insurer from having to defend or indemnify the company. The allegations in the underlying lawsuits are clearly of bodily injuries and property damage resulting from pollution. The definition of "pollutant" in the applicable policies includes "alkalis", which is a soluble salt or mixture thereof. And under Missouri law, the scope of the pollution exclusion is governed by the expectations of a reasonable policyholder. Here, a reasonable policyholder would expect that the seepage of alkalis from huge piles of salt cake, sufficient to kill nearby vegetation, was pollution. Continental Insurance Co. v. Shapiro Sales Co., No. 4:04CV0254 TCM, 35 ELR 20195 (E.D. Mo. Sept. 26, 2005) (Mummert, J.) (20 pp.).
A district court denied motions to intervene and set aside a consent decree concerning the cleanup and restoration of contaminated groundwater. The motion to intervene was filed 10 years after the consent decree was entered, there has been extensive public involvement concerning the decree, and the existing parties have expended significant resources and allocated and invested millions of dollars in connection with the decree. Moreover, the state, as a party participant, adequately protected the petitioner's purported interest. So while the existing parties would be greatly prejudiced by the intervention, the petitioner fails to state how he would be prejudiced if his motion for intervention is denied. In addition, the petitioner claimed that the consent decree should be voided because public comment was not provided. Yet a 30-day comment period was provided even though the parties involved in the decree were not statutorily obligated to provide one. State v. Kennecott Corp., No. 2:86CV902, 35 ELR 20198 (D. Utah Sept. 29, 2005) (Greene, J.) (9 pp.).
A district court dismissed an environmental group's NEPA, CWA, NFMA, and APA claims against the Forest Service in connection with a logging project in the Panhandle National Forest and denied their request for attorneys fees. The logging project has since been withdrawn. The group's challenges to the project are therefore moot. And neither the Equal Access to Justice Act nor the CWA provide for attorneys fees under the facts of this case. Lands Council v. Kimbell, No. CV04-214-N-EJL, 35 ELR 20203 (D. Idaho Sept. 30, 2005) (Lodge, J.) (4 pp.).
A district court dismissed a building owner's request for a declaratory judgment entitling it to indemnification for any damages or penalties it may be obligated to pay arising from asbestos violations that occurred during asbestos abatement work at its property. The owner claimed that the abatement company's actions created a "practical and probable likelihood that injuries will arise" and that the company's liability "will be triggered." Although the owner is correct that a declaratory judgment action can be ripe despite the fact that not every fact is currently known, here there is no underlying lawsuit, no threat of a suit, and no indication that anyone was even injured. Therefore, any ruling based on a hypothetical future claimant is premature. Solow Building Co. v. ATC Associates, Inc., No. 01-CV-0612 DGTCLP, 35 ELR 20197 (E.D.N.Y. Sept. 28, 2005) (Trager, J.) (5 pp.).
The U.S. EPA Environmental Appeals Board denied challenges to two underground injection control (UIC) permits issued by EPA Region V under the SDWA. The permits authorize a company to engage in the commercial disposal of hazardous waste in two Class I underground injection wells drilled into the Mt. Simon Formation, a porous strata of sandstone situated nearly a mile underneath the City of Romulus, Michigan. The challengers failed to present any sufficiently specific or compelling evidence or argument that would cast doubt on the thoroughness or rationality of the Region's technical evaluations and conclusions. Moreover, Region V provided adequate consideration of and response to comments on the draft UIC permits. And the remaining challenges were either raised for the first time on appeal, concerned matters that are governed by state or local law or federal law other than the SDWA/UIC program, or do not qualify as objections to a permit condition or Region V's compliance with the SDWA and UIC program. In re Environmental Disposal Systems, Inc., UIC Appeal Nos. 04-01 & 04-02, 35 ELR 41293 (EPA EAB Sept. 6, 2005).
The U.S. EPA Environmental Appeals Board upheld a $126,800 penalty assessed against individuals for discharging fill material into wetlands without a permit in violation of the CWA. The record clearly demonstrates that the individuals ground small trees, shrubs, branches, treetops, and stumps into a substantial quantity of wood chips along 30 to 50-foot wide tracts through the wetlands at issue, and these discharges fall squarely within the scope of the U.S. Army Corps of Engineers' regulatory authority under CWA §404. The Board rejected the individuals' argument that the discharges had as their "primary" purpose the disposal of waste material. Rather, the purpose of the project clearly was to replace the wetlands with dry land. And under the facts of the case, the Board does not find clear error or an abuse of discretion in the administrative law judge's penalty assessment. In re Vico Construction Corp., CWA Appeal No. 05-01, 35 ELR 41294 (EPA EAB Sept. 29, 2005).
A California appellate court held that amendments to an NPDES permit that regulates a refinery's discharges of dioxins and other pollutants into Suisun Bay comply with the CWA. The original permit included a water quality-based effluent limit of 0.14 picograms per liter (pg/L). In 2000, the Regional Water Resources Control Board replaced the numeric water quality-based limit with an interim effluent limitation of 0.65 pg/L. The new interim effluent limitation was not water quality-based, but performance-based. An environmental group argued that the interim effluent limitation of 0.65 pg/L violates the CWA's antibacksliding provision by allowing an increase in pollution over the prior limitation of 0.14 pg/L. But because the interim limitation is performance based and the prior limitation was water quality-based, the interim limitation is not comparable to the prior limitation and the anti-backsliding provisions do not apply. The court also rejected the group's claims that the permit's schedule of compliance was invalid. Communities for a Better Environment v. State Water Resources Control Board, No. A107572, 35 ELR 20194 (Cal. App. 1st Dist. Sept. 27, 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).
- EPA revised the mobile source air toxics rule's default baseline values for reformulated and conventional gasoline to reflect the national average toxics performance of gasoline from 1998 to 2000. 70 FR 58330 (10/6/05).
- EPA proposed a new administrative reporting exemption for releases to the air of less than 1,000 pounds of nitrogen oxide and nitrogen dioxide that result from combustion activities, unless such release is the result of an accident or malfunction. 70 FR 57813 (10/4/05).
- EPA designated a new equivalent method for measuring ambient concentrations of particulate matter. 70 FR 56684 (9/28/05).
- EPA announced the availability of the annual adjustment factors for the penalties for excess emissions of sulfur dioxide and nitrogen oxide for compliance years 2005 and 2006. 70 FR 56447 (9/27/05).
- EPA approved a negative declaration from Massachusetts certifying that there are no existing hospital/medical/infectious waste incinerators located within the boundaries of the commonwealth. 70 FR 58328 (10/6/05).
- EPA proposed to approve a negative declaration from Massachusetts certifying that there are no existing hospital/medical/infectious waste incinerators located within the boundaries of the commonwealth; see above for direct final rule. 70 FR 58361 (10/6/05).
- EPA approved three negative declarations submitted by the city of Albuquerque, New Mexico, certifying that there are no existing sources within their jurisdiction subject to the requirements of CAA §§111(d) and 129 regarding sulfuric acid mist emissions from sulfuric acid plants, fluoride emissions from phosphate fertilizer plants, and total reduced sulfur emissions from kraft pulp mills. 70 FR 57762 (10/4/05).
- EPA proposed to approve three negative declarations submitted by the city of Albuquerque, New Mexico, certifying that there are no existing sources within their jurisdiction subject to the requirements of CAA §§111(d) and 129 regarding sulfuric acid mist emissions from sulfuric acid plants, fluoride emissions from phosphate fertilizer plants, and total reduced sulfur emissions from kraft pulp mills; see above for direct final rule. 70 FR 57811 (10/4/05).
- EPA approved North Carolina's state plan for implementing and enforcing the emissions guidelines applicable to existing commercial and industrial solid waste incineration units that began construction on or before November 30, 1999. 70 FR 56853 (9/29/05).
- EPA proposed to approve North Carolina's plan for implementing and enforcing the emissions guidelines applicable to existing commercial and industrial solid waste incineration units that commenced construction on or before November 30, 1999; see above for direct final rule. 70 FR 56880 (9/29/05).
- SIP Approvals: Indiana (sulfur dioxide emissions; Lake County area), 70 FR 56129 (9/26/05). Kentucky (mobile source emissions; Northern Kentucky area), 70 FR 57750 (10/4/05). New York (permitting program), 70 FR 57511 (10/3/05). Oklahoma (commercial and industrial solid waste incinerator units), 70 FR 57764 (10/4/05). Pennsylvania (vehicle inspection and maintenance), 70 FR 58313 (10/6/05). Tennessee (format revision), 70 FR 58321 (10/6/05). Texas (low-emission diesel fuel), 70 FR 58325 (10/6/05); (concrete batch plants), 70 FR 56566 (9/28/05); (ozone; Dallas/Fort Worth area), 70 FR 56374 (9/27/05).
- SIP Proposals: Indiana (eight-hour ozone NAAQS; Evansville area), 70 FR 58167 (10/5/05). Missouri (sulfur compounds), 70 FR 57531 (10/3/05). Oklahoma (commercial and industrial solid waste incinerator units; see above for direct final rule), 70 FR 57812 (10/4/05). Texas (nitrogen oxides; Houston area), 70 FR 58112 (10/5/05); (ozone; Houston area), 70 FR 58119 (10/5/05); (volatile organic compounds; Houston area), 70 FR 58138 (10/5/05); (emission credit banking and trading), 70 FR 58146 (10/5/05); (discrete emission credit banking and trading), 70 FR 58154 (10/5/05); (concrete batch plants; see above for direct final rule), 70 FR 56612 (9/28/05).
- SIP Withdrawals: Virginia (eight-hour ozone NAAQS; Fredericksburg area), 70 FR 57238 (9/30/05).
HAZARDOUS AND SOLID WASTE:
- EPA entered into a proposed administrative settlement under CERCLA that requires the settling parties to pay a total of $378,706 in past response costs incurred at the Old Pillsbury Mill Superfund site in Tilton, New Hampshire. 70 FR 56449 (9/27/05).
- EPA entered into a proposed administrative settlement under CERCLA to recover costs incurred at the Ward Transformer Superfund site in Raleigh, North Carolina. 70 FR 56896 (9/29/05).
- EPA announced a proposed amendment to a prior administrative settlement under CERCLA that would add 12 parties to the earlier settlement, which requires settling parties to pay a total of $10 million toward the ongoing remedial investigation/feasibility study of the Lower Passaic River study area in New Jersey. 70 FR 58407 (10/6/05).
- EPA added benzene and 2-ethoxyethanol to the list of solvents whose mixtures with wastewaters are exempted from the definition of hazardous waste under RCRA. 70 FR 57769 (10/4/05).
- EPA proposed to approve changes to the hazardous waste program in South Dakota. 70 FR 56419 (9/27/05).
- EPA approved changes to the hazardous waste program in North Dakota. 70 FR 56132 (9/26/05).
- EPA proposed to approve changes to the hazardous waste program in North Dakota; see above for direct final rule. 70 FR 56150 (9/26/05).
- EPA authorized changes to the Montana hazardous waste program. 70 FR 57152 (9/30/05).
- EPA proposed to authorize changes to the Montana hazardous waste program. 70 FR 57238 (9/30/05).
- The U.S. Army Corps of Engineers announced the transfer of jurisdiction of a portion of the Joliet Army Ammunition Plant to the Forest Service for use as the Midewin National Tallgrass Prairie. 70 FR 56445 (9/27/05).
- BLM proposed to amend the Caliente resource management plan to cover newly transferred lands from Naval Petroleum Reserve 2 in Kern County, California. 70 FR 56185 (9/26/05).
- BLM announced the availability of a draft resource management plan and draft EIS for public lands and resources administered by the Bureau's Anchorage, Alaska, field office. 70 FR 57317 (9/30/05).
- BLM announced the availability of a proposed resource management plan amendment and final EIS for the Clear Creek Management Area in California. 70 FR 57318 (9/30/05).
- BLM announced the availability of a draft resource management plan and draft EIS for public lands and resources administered by the Bureau's Lake Havasu, Arizona, field office. 70 FR 57319 (9/30/05).
- FWS announced the availability of a combined draft comprehensive conservation plan and EA for 39 North Dakota limited-interest national wildlife refuges. 70 FR 58232 (10/5/05).
- BLM announced an amendment to the resource management plan for the Silverton Outdoor Learning and Recreation Center near Silverton, Colorado. 70 FR 57894 (10/4/05).
- DOE announced the availability of a draft determination concerning the permanent, in situ disposal of residual tank wastes, including tank structure and equipment, from liquid radioactive waste tanks at the Savannah River site near Aiken, South Carolina. 70 FR 58698 (10/7/05).
- EPA announced the availability of an external review draft of the newly developed All-Ages Lead Model. 70 FR 56447 (9/27/05).
- EPA announced the approach it plans to use for selecting the first group of chemicals to be screened in the Agency's endocrine disruptor screening program. 70 FR 56449 (9/27/05).
- EPA proposed to revise certain requirements for the toxics release inventory under EPCRA §313. 70 FR 57822 (10/4/05).
- EPA announced a final decision approving a request from Illinois for a waiver from the Agency's asbestos-in-schools program. 70 FR 57872 (10/4/05).
- EPA determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available in the coastal waters of New Hampshire. 70 FR 56465 (9/27/05).
- EPA tentatively approved revisions to the drinking water regulations for the long-term 1 surface water treatment rule and the arsenic rule in Tennessee. 70 FR 56466 (9/27/05).
- FWS determined endangered status for the Salt Creek tiger beetle, a species endemic to the saline wetlands of eastern Nebraska. 70 FR 58335 (10/6/05).
- FWS proposed not to list the Southern Rocky Mountain population of the boreal toad as endangered under the ESA. 70 FR 56880 (9/29/05).
- FWS denied a petition seeking to list the Gentry indigo bush as endangered under the ESA and solicited additional information about the status of this southern Arizona shrub as it becomes available. 70 FR 56426 (9/27/05).
- FWS designated critical habitat for the Klamath River, Columbia River, Jarbidge River, Coastal-Puget Sound, and Saint Mary-Belly River populations of bull trout in Idaho, Montana, Oregon, and Washington. 70 FR 56211 (9/26/05).
- FWS designated approximately 12,145 acres of critical habitat for the Pacific coast population of western snowy plover in 20 counties in California, Oregon, and Washington. 70 FR 56969 (9/29/05).
- FWS suspended the import of and foreign commerce in beluga sturgeon caviar and meat originating in the Caspian Sea states of Azerbaijan, the Islamic Republic of Iran, Kazakhstan, the Russian Federation, and Turkmenistan. 70 FR 57316 (9/30/05).
- FWS proposed to open private lands within the boundaries of the Kodiak National Wildlife Refuge in Alaska to public use, pursuant to the Service's commitments made under a conservation easement. 70 FR 57242 (9/30/05).
- FWS announced the availability of a draft economic analysis for the proposed designation of critical habitat for Thread-leaved brodiaea, a lily found in California. 70 FR 58361 (10/6/05).
- FWS announced the availability of the recovery plan for Blackburn's Sphinx Moth, an insect endemic to the main Hawaiian Islands. 70 FR 56735 (9/28/05).
- FWS announced the availability of a draft economic analysis for the proposed designation of critical habitat for the Coachella Valley milk-vetch, an endangered plant found only in southern California. 70 FR 56434 (9/27/05).
- NMFS announced the availability of a proposed conservation plan for southern resident killer whales. 70 FR 57565 (10/3/05).
- NMFS determined that a petition to slow or re-route vessels within right whale habitat is not warranted at this time and declined to issue the emergency regulations requested by the petition. 70 FR 56884 (9/29/05).
- NMFS issued a temporary, 30-day rule to allow shrimp fishermen to use limited tow times as an alternative to turtle excluder devices in state and federal waters from the Alabama/Florida border, westward to the boundary of Cameron Parish, Louisiana, and extending offshore 50 nautical miles. 70 FR 56593 (9/28/05).
- The National Marine Sanctuary Program announced the availability of a final policy and permitting guidelines for applications to establish artificial reefs within National Marine Sanctuaries. 70 FR 57127 (9/30/05).
DOJ NOTICES OF SETTLEMENT:
- In re Huffy Corp., Nos. 04-39148 et al. (Bankr. Ct. S.D. Ohio, Sept. 20, 2005). A settling CERCLA defendant must pay $246,000 and the United States will have a general unsecured claim against the defendant in the amount of $1,050,000 for past and future response costs incurred at the San Gabriel Superfund site in Los Angeles County, California, and the Lammers Barrel Superfund site in Beavercreek, Ohio. 70 FR 56490 (9/27/05).
- United States v. Motiva Enterprises LLC, Nos. 02-1292-SLR, -1293-SLR (D. Del. Sept. 20, 2005). A settling CWA and CAA defendant must carry out six environmental projects at a cost of approximately $6.25 million and pay a civil penalty totaling $12 million, to be divided between the United States and the state of Delaware, to settle claims related to a July 17, 2001, explosion at the defendant's refinery in Delaware City, Delaware. 70 FR 56188 (9/26/05).
- United States v. Clean Harbors Services, No. 05 C 5234 (N.D. Ill. Sept. 13, 2005). A settling CAA defendant must pay a civil penalty of $300,000 and implement new procedures to calculate and sample benzene concentrations in waste shipments to resolve alleged violations of the benzene waste NESHAP at 10 of the defendant's facilities throughout the United States. 70 FR 56930 (9/29/05).
- United States v. E.I. Du Pont de Nemours & Co., Nos. 1:03CV29, 1:02CV177 (N.D. W. Va. Sept. 12, 2005). Settling CERCLA defendants must reimburse EPA $1,532,174 in past response costs incurred at the Ordinance Works Disposal Areas Superfund site in Morgantown, West Virginia; the United States must reimburse EPA $1,760,700 and must reimburse defendants performing remedial actions at the site $2,420,082 in past response costs; and future response costs at the site are to be divided such that the United States pays 53.5% and the defendants performing remedial actions at the site pay 46.5%. 70 FR 56931 (9/29/05).
- United States v. Eliskim, Inc., No. 1:05CV2196 (N.D. Ohio Sept. 19, 2005). Settling CERCLA defendants must pay a total of $69,000 in past response costs incurred at the True Temper Sports Superfund site in Geneva, Ohio. 70 FR 58470 (10/6/05).
- United States v. Tropical Fruit, S.E., No. 97-1442-DRD (D.P.R. Sept. 13, 2005). Settling CERCLA and FIFRA defendants must pay a $50,000 penalty, must perform replantings on their farm, and must use low-toxicity pesticides in limited circumstances to resolve a motion to enforce a prior consent decree dated October 25, 2001. 70 FR 58470 (10/6/05).
- United States v. U.S. Steel Corp., No 1:05CV2220 (N.D. Ohio Sept. 21, 2005). A settling CAA and CWA defendant must pay a civil penalty of $100,025, must perform a supplemental environmental project at a cost of up to $294,500, must comply with applicable permits, and must conduct tests to verify permit compliance to resolve claims related to the defendant's steel manufacturing facility in Lorain, Ohio. 70 FR 58471 (10/6/05).
- United States v. Washington Golf & Country Club, No. 1:05cv1112 (JCC/LO) (E.D. Va. Sept. 26, 2005). A settling CERCLA, CWA, and Park System Resources Protection Act defendant must perform specific stream habitat enhancement activities, must pay $145,000 in reimbursement of the United States' costs, must pay for lost use of resources, and must pay projected future monitoring costs to resolve claims related to a release of hazardous substances from the defendant's property on August 23-24, 2001. 70 FR 58471 (10/6/05).
Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.
- S. 1340 (wildlife restoration), which amends the Pittman-Robertson Wildlife Restoration Act to extend the date after which surplus funds in the wildlife restoration fund become available for apportionment, was signed into law by President Bush on September 29, 2005. Pub. L. No. 109-75, 151 Cong. Rec. D999 (daily ed. Sept. 30, 2005).
- H.R. 3649 (sportfishing and boating safety), which ensures funding for sportfishing and boating safety programs funded out of the Highway Trust Fund through the end of fiscal year 2005, was signed into law by President Bush on September 29, 2005. Pub. L. No. 109-74, 151 Cong. Rec. D999 (daily ed. Sept. 30, 2005).
- S. 1017 (Water Resources Research Act Amendments), which would reauthorize grants for the water resources research and technology institutes established under the Water Resources Research Act of 1984, was passed by the Senate. 151 Cong. Rec. S10481 (daily ed. Sept. 27, 2005).
- S. 1709 (Gulf Coast Emergency Water Infrastructure Assistance Act), which would provide favorable treatment for certain projects in response to Hurricane Katrina, with respect to revolving loans under the Federal Water Pollution Control Act, was passed by the Senate. 151 Cong. Rec. S10481 (daily ed. Sept. 27, 2005).
- H.R. 3824 (Threatened and Endangered Species Recovery Act of 2005), which would amend and reauthorize the ESA to provide greater results conserving and recovering listed species, was passed by the House. 151 Cong. Rec. H8535-84 (daily ed. Sept. 29, 2005).
- H.R. 2491 (Solid Waste Disposal Act) was reported by the Committee on Energy and Commerce. H. Rep. No. 109-235, 151 Cong. Rec. H8386 (daily ed. Sept. 27, 2005). The bill would amend the Solid Waste Disposal Act to authorize states to restrict receipt of foreign municipal solid waste and implement the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada.
- H.R. 3824 (ESA) was reported by the Committee on Resources. H. Rep. No. 109-237, 151 Cong. Rec. H8386 (daily ed. Sept. 27, 2005). The bill would amend and reauthorize the ESA to provide greater results conserving and recovering listed species.
- S. 1772 (Inhofe, R-Okla.) (refinery permitting) would streamline the refinery permitting process and for other purposes. 151 Cong. Rec. S10424 (daily ed. Sept. 26, 2005). The bill was referred to the Committee on Environment and Public Works.
- S. 1776 (Dayton, D-Minn.) (Federal Crop Insurance Act) would amend the Federal Crop Insurance Act to establish permanent authority for the Secretary of Agriculture to quickly provide disaster relief to agricultural producers that incur crop losses as a result of damaging weather or related condition in federally declared disaster areas. 151 Cong. Rec. S10513 (daily ed. Sept. 17, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
- S. 1779 (Akaka, D-Haw.) (livestock) would amend the Humane Methods of Livestock Slaughter Act of 1958 to ensure the humane slaughter of nonambulatory livestock. 151 Cong. Rec. S10594 (daily ed. Sept. 28, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
- S. 1794 (Durbin, D-Ill.) (fuel reserves) would establish a Strategic Gasoline and Fuel Reserve. 151 Cong. Rec. S10724 (daily ed. Sept. 29, 2005). The bill was referred to the Committee on Energy and Natural Resources.
- S. 1804 (Lincoln, D-Ark.) (drought losses) would provide emergency assistance to agricultural producers who have suffered losses as a result of drought, Hurricane Katrina, and other natural disasters occurring during 2005. 151 Cong. Rec. S10796 (daily ed. Sept.30, 2005). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
- S. 1810 (Warner, R-Va.) (Outer Continental Shelf Lands Act) would amend the Outer Continental Shelf Lands Act to allow certain coastal states to share in qualified outer continental shelf revenues. 151 Cong. Rec. S10823 (daily ed. Oct. 3, 2005). The bill was referred to the Committee on Energy and Natural Resources.
- S. 1811 (Hatch, R-Utah) (dams) would authorize the Secretary of the Interior to study the feasibility of enlarging the Arthur V. Watkins Dam Weber Basin Project, Utah, to provide additional water for the Weber Basin Project to fulfill the purposes for which that project was authorized. 151 Cong. Rec. S10823 (daily ed. Oct. 3, 2005). The bill was referred to the Committee on Energy and Natural Resources.
- S. 1812 (Hatch, R-Utah) (water) would amend the Reclamation Projects Authorization and Adjustment Act of 1992 to provide for the conjunctive use of surface and groundwater in Juab County, Utah. 151 Cong. Rec. S10823 (daily ed. Oct. 3, 2005). The bill was referred to the Committee on Energy and Natural Resources.
- H.R. 3893 (Barton, R-Tex.) (refining capacity) would expedite the construction of new refining capacity in the United States to provide reliable and affordable energy for the American people. 151 Cong. Rec. H8348 (daily ed. Sept. 26, 2005). The bill was referred to the Committee on Energy and Commerce, the Committee on Transportation and Infrastructure, the Committee on Armed Services, and the Committee on Resources.
- H.R. 3897 (Radanovich, R-Cal.) (irrigation) would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply and Groundwater Enhancement Project. 151 Cong. Rec. H8386 (daily ed. Sept. 27, 2005). The bill was referred to the Committee on Resources.
- H.R. 3916 (McCollum, D-Minn.) (sustainability) would amend the Millennium Challenge Act of 2003 to promote environmental sustainability in the implementation of programs and activities carried out under such Act. 151 Cong. Rec. H8387 (daily ed. Sept. 27, 2005). The bill was referred to the Committee on International Relations.
- H.R. 3918 (Peterson, R-Pa.) (natural gas) would terminate the effect of all provisions of existing federal law prohibiting the spending of appropriated funds to conduct natural gas leasing and preleasing activities and revoke presidential withdrawals from disposition of areas of the outer continental shelf with respect to natural gas. 151 Cong. Rec. H8387 (daily ed. Sept. 27, 2005). The bill was referred to the Committee on Resources.
- H.R. 3919 (Shadegg, R-Ariz.) (FLPMA) would amend FLPMA to enhance the reliability of the electricity grid and reduce the threat of wildfires to electric transmission and distribution facilities on federal lands by authorizing vegetation management on such lands. 151 Cong. Rec. H8387 (daily ed. Sept. 27, 2005). The bill was referred to the Committee on Resources, and in addition to the Committee on Agriculture.
- H.R. 3923 (Tiahrt, R-Kan.) (petroleum refineries) would provide for streamlining the process of federal approval for construction or expansion of petroleum refineries. 151 Cong. Rec. H8387 (daily ed. Sept. 27, 2005). The bill was referred to the Committee on Energy and Commerce.
- H.R. 3924 (Tiahrt, R-Kan.) (oil refineries) would amend the Internal Revenue Code of 1986 to provide tax incentives for oil refineries, oil and gas pipelines, and petroleum storage facilities. 151 Cong. Rec. H8387 (daily ed. Sept. 27, 2005). The bill was referred to the Committee on Ways and Means.
- H.R. 3929 (Calvert, R-Cal.) (Water Desalination Act) would amend the Water Desalination Act of 1996 to authorize the Secretary of the Interior to assist in research and development, environmental and feasibility studies, and preliminary engineering for the Municipal Water District of Orange County, California, Dana Point Desalination Project located at Dana Point, California. 151 Cong. Rec. H8513 (daily ed. Sept. 28, 2005). The bill was referred to the Committee on Resources and the Committee on Science.
- H.R. 3931 (Ackerman, D-N.Y.) (livestock) would amend the Humane Methods of Livestock Slaughter Act of 1958 to ensure the humane slaughter of nonambulatory livestock. 151 Cong. Rec. H8513 (daily ed. Sept. 28, 2005). The bill was referred to the Committee on Agriculture.
- H.R. 3933 (Fitzpatrick, R-Pa.) (suburban forest land) would amend the Cooperative Forestry Assistance Act of 1978 to establish a program to provide assistance to states and nonprofit organizations to preserve suburban forest land and open space and contain suburban sprawl. 151 Cong. Rec. H8513 (daily ed. Sept. 28, 2005) The bill was referred to the Committee on Agriculture.
- H.R. 3963 (Simmons, R-Conn.) (Federal Water Pollution Control Act) would amend the Federal Water Pollution Control Act to extend the authorization of appropriations for Long Island Sound. 151 Cong. Rec. H8643 (daily ed. Sept. 29, 2005). The bill was referred to the Committee on Transportation and Infrastructure.
- H.R. 3967 (Herseth, D-S.D.) (dams) would authorize the Secretary of the Interior to reallocate costs of the Pactola Dam and Reservoir, South Dakota, to reflect increased demands for municipal, industrial, and fish and wildlife purposes. 151 Cong. Rec. H8648 (daily ed. Oct. 3, 2005). The bill was referred to the Committee on Resources.
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:
- The Alaska Department of Environmental Conservation (ADEC) is engaged in a comprehensive review and update of the oil pollution prevention regulations located in 18 AAC 75 Article 1. As part of this process, ADEC has developed a discussion paper on suggested changes to its oil pollution prevention regulations. This discussion paper has been posted for public comment at http://www.state.ak.us/dec/spar/ipp/cpr.htm. ADEC will accept comments on the document for 60 days, with the informal comment period ending November 28, 2005. See http://www.state.ak.us/local/akpages/ENV.CONSERV/public_notices.htm
Hazardous & Solid Wastes:
- The Pollution Control and Ecology Commission is proposing changes to Commission Regulation Nos. 11 and 14, which both deal with components of the Arkansas solid waste management program. Regulation 11 deals with solid waste disposal fees, the Arkansas Landfill Post-Closure Trust Fund, and the state recycling grants program. The proposed changes to the regulation incorporate provisions of Act 1325 of the 2005 session of the Arkansas General Assembly, which eliminates the use of recycling grant funds for use in recycling marketing development programs. Regulation 14 governs the Arkansas Waste Tire Program. Proposed changes to the regulation would incorporate provisions of Acts 961, 1822, and 1951 of the 2005 General Assembly session. Written comments are due November 22, 2005. A public hearing will be held November 7, 2005. See http://www.adeq.state.ar.us/ftproot/Pub/pa/Regulation_Notices/2005-09-29_Notice_of_Proposed_Changes_to_Regulations_11_and_14.mht
- The Pollution Control and Ecology Commission is proposing changes to Commission Regulation No. 15, the Arkansas Open-Cut Mining and Land Reclamation Code. Proposed changes to Regulation 15 include adoption of language to provide for the issuance of general permits under the Code, correction of typographical errors in the current regulation, and reformatting of the regulation to conform to Commission standards for its regulations. Written comments are due November 18, 2005. A public hearing will be held November 3, 2005. See http://www.adeq.state.ar.us/ftproot/Pub/pa/Regulation_Notices/2005-09-28_Notice_of_Proposed_Changes_to_Regulation_15.mht
- The Air Resources Board (ARB) staff is developing a new emission reduction plan for goods movement, focusing on ports, rail yards, and major transportation corridors. This effort is the next step in implementing the Goods Movement Action Plan developed by the California Business, Transportation and Housing Agency and the California Environmental Protection Agency. The emission reduction plan will also be an essential component of California's effort to meet new federal air quality standards for ozone and fine particulate matter. Public meetings to solicit input will be held on October 11 and November 1, 2005. See http://www.arb.ca.gov/planning/gmerp/gmerp.htm
- The ARB staff is in the process of revising the existing Carl Moyer Program guidelines to address new statutory requirements. The proposed guidelines are scheduled to be considered by the Board in November 2005. A public meeting will be held November 17, 2005. See http://www.arb.ca.gov/msprog/moyer/guidelines/Meeting_Notice.pdf
- The date for the public meeting on Clean School Bus Funding Allocation has been changed to October 14, 2005. See http://www.arb.ca.gov/msprog/schoolbus/2005/oct14wrkshp.pdf
- ARB is holding a vapor recovery workshop to solicit comments on modifications to the existing certification and test procedures. The meeting will be held October 18, 2005. See http://www.arb.ca.gov/vapor/wsnotice101805.pdf
- ARB will hold a workshop to discuss its regulatory and non-regulatory fuels-related activities. This workshop will be the fourth meeting to discuss this year's fuels activities. Topics may include, but are not limited to, issues relating to the California Phase 3 Reformulated Gasoline regulations and the California diesel fuel regulations for vehicular and non-vehicular uses. The workshop will be held November 3, 2005. See http://www.arb.ca.gov/fuels/gasoline/meeting/2005/110305wksp.pdf
- The South Coast Air Quality Management District has scheduled a public workshop and California Environmental Quality Act scoping meeting to solicit information and suggestions from the public regarding Proposed Amended Rule 1146.2--Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers. Written comments are due October 18, 2005. A public hearing was held October 5, 2005. See http://www.aqmd.gov/pub_edu/notice_11462_Oct_05_05.html
Hazardous & Solid Wastes:
- The Department of Toxic Substances Control (DTSC) will conduct a public workshop to solicit input on Financial Assurance and the Postclosure Period. DTSC has the primary oversight over the regulation of hazardous waste in California, including hazardous waste facilities and their financial assurance mechanisms for closure, postclosure, corrective action, and liability. Title 22, California Code of Regulations, allows hazardous waste facilities to provide for financial assurance with the use of a variety of mechanisms including: trust funds, surety bonds, letters of credit, insurance policies, financial test and corporate guarantees. Recent events (including instability in financial markets, problems with corporate accounting practices, bankruptcy issues with a major utility company, and the recent action by DTSC to take over operational control of a landfill in closure) have caused DTSC to reevaluate the stability and security of the existing financial assurance mechanisms used for hazardous waste facilities. A public hearing will be held October 17, 2005. See http://126.96.36.199/LawsRegsPolicies/Regs/upload/HWMP_WS_FR_PN.pdf
- The Office of Environmental Health Hazard Assessment of the California Environmental Protection Agency is adding nitrapyrin to the list of chemicals known to the state to cause cancer for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Health and Safety Code section §25249.5 et seq., Proposition 65). The listing of the chemical is effective October 5, 2005. See http://oehha.org/prop65/docs_admin/listnitropy.html
- Public workshops will be held by the State Water Resources Control Board to seek comments on proposed revisions of the federal CWA §303(d) list of water quality limited segments for California. The Board will not make any decision regarding the §303(d) list at the workshops. The §303(d) list will be considered for adoption at a future State Water Board meeting. The workshops will be held on December 1 and 6, 2005. See http://www.waterboards.ca.gov/tmdl/docs/303d_update/workshopnotice303d.pdf
- On October 24, 2005 the State Water Resources Control Board will hold a workshop on the Areas of Special Biological Significance Waste Discharge Prohibition. See http://www.waterboards.ca.gov/plnspols/oplans/docs/asbsworkshop_oct2005.pdf
Hazardous & Solid Wastes:
- The following amendments to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Part 265, are being considered for adoption: Amendment of §265.52 (Content of contingency plan) and §265.53 (Copies of contingency plan). Written comments are due November 1, 2005. A public hearing will be held November 15, 2005. See http://www.cdphe.state.co.us/op/hwc/AmendmentofSec265.52(Contentofcontingencyplan)andSec.265.53(Copiesofcontingencyplan)rulemaking.pdf
- The following amendments to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Parts 260, 264, 265 and 100, are being considered for adoption: Conforming Amendments to Implement Colorado's Environmental Covenant Statute, S.B. 01-145. Written comments are due November 1, 2005. A public hearing will be held November 15, 2005. See http://www.cdphe.state.co.us/op/hwc/AmendmentstoImplementColorado'sEnvironmentalCovenantStatuteRulemaking.pdf
- Corrections to typographical errors in Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Parts 100 and 265, are being considered for adoption. Written comments are due November 1, 2005. A public hearing will be held November 15, 2005. See http://www.cdphe.state.co.us/op/hwc/CorrectionoftypographicalErrorsandInadvertentOmissionsRulemaking.pdf
- The Department of Natural Resources and Environmental Control, Air Quality Management Section, is announcing two public meetings to discuss its plan to revise the process of regulating major stationary sources of air pollution. Delaware's new source review requirements can be seen at http://www.dnrec.state.de.us/air/aqm_page/docs/pdf/reg_25.pdf. Public meetings will be held October 15, 2005 and November 3, 2005. See http://www.dnrec.state.de.us/DNREC2000/Admin/Press/PublicNotices/PNDetail.asp?NOVID=1645
- The Secretary of the Department of Natural Resources and Environmental Control signed Secretary's Order No. 2005-A-0035 amending Regulation 25, "Requirements for Preconstruction Review," by adding a new section, Section 4- Minor New Source Review, which is applicable to newly constructed sources with emissions below the current Regulation 25 emissions thresholds. The proposal requires that new sources with air emissions below Regulation 25 major source thresholds and equal to or greater than 5 tons per year of certain air contaminants be evaluated for emissions controls. The effective date of this amendment is August 11, 2005. See http://www.dnrec.state.de.us/DNREC2000/Admin/Press/PublicNotices/PNDetail.asp?NOVID=1630
- The Department of Environmental Protection is proposing amendments to Chapter 62-204, F.A.C., to incorporate changes resulting from U.S. EPA's new source review revisions related to air preconstruction review and permitting. If requested within 21 days of the date of this notice (September 30, 2005), a hearing will be held at 9:00 a.m. on October 28, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/5-NPR051644-9-30-05-INT.pdf
- The Department is proposing amendments to Chapter 62-210, F.A.C., to incorporate changes resulting from U.S. EPA's new source review revisions related to air preconstruction review and permitting, and from the recent court decision affecting those revisions. If requested within 21 days of the date of this notice (September 30, 2005), a hearing will be held at 9:00 a.m. on October 28, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/6-NPR051642-9-30-05-INT.pdf
- The Department is proposing amendments to Chapter 62-296, F.A.C. to incorporate changes relating to U.S. EPA's new source review revisions. If requested within 21 days of the date of this notice (September 30, 2005), a hearing will be held at 9:00 a.m. on October 28, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/8-NPR051673-9-30-05-INT.pdf
- The Department is proposing amendments to Chapter 62-212, F.A.C., to incorporate changes resulting from U.S. EPA's new source review revisions to air preconstruction review and permitting, and from the recent court decision affecting those revisions. If requested within 21 days of the date of this notice (September 30, 2005), a hearing will be held at 9:00 a.m. on October 28, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/7-NPR051643-9-30-05-INT.pdf
Hazardous & Solid Waste
- The Department of Environmental Protection will hold a rule development workshop on October 21, 2005, concerning a proposal to regulate hazardous waste pharmaceuticals as universal waste in Florida. The amendments are intended to allow regulation of hazardous waste pharmaceuticals as universal waste in Florida and to clarify standards applicable to handlers of hazardous waste pharmaceuticals. See http://tlhora6.dep.state.fl.us/onw/publications/9-Workshop-9-30-05-INT.pdf
- The Department of Environmental Protection issued a second notice of change for rule Section 62B-34.050, F.A.C., General Permits for Activities Seaward of the Coastal Construction Control Line, in order to add a signature line in the Department's Foundation Location Certification (DEP form 73-114B) for the applicant's signature. See http://tlhora6.dep.state.fl.us/onw/publications/10-NOC62B34-9-30-05-INT.pdf
- The Department will hold a public workshop on Monday, October 17, 2005, 7:00 p.m., to present the proposed land management plan for Econfina River State Park to the public. See http://tlhora6.dep.state.fl.us/onw/publications/1-EcofinaRiverWS-9-30-05-INT.pdf
- The Department issued a notice of change for rule Chapter 62B-34, F.A.C., General Permits for Activities Seaward of the Coastal Construction Control Line. See http://tlhora6.dep.state.fl.us/onw/publications/5-NOC62B34-9-23-05-INT.pdf
- The Department of Environmental Protection issued a notice of correction to the notice of proposed rulemaking for OGC No.: 05-1915, Delineation of the Landward Extent of Wetlands and Surface Waters, Rule 62-340.450, F.A.C., as published on the DEP Official Notices Website on September 23, 2005. The Notice of Proposed Rulemaking incorrectly titled a section as "Subject Area to be Addressed," but it should have been titled "Summary." The text in that section is correct and is not being corrected by this notice. See http://tlhora6.dep.state.fl.us/onw/publications/13-NOC62340-9-30-05-INT.pdf
- The Department issued a notice of proposed rulemaking to amend chapter 62-4, F.A.C., to provide for limited zones of mixing for membrane concentrate discharges, as required under Section 403.0882, F.S. An adoption hearing will be held before the Environmental Regulation Commission on October 27, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/11-NPR624mixingzones-9-30-05-INT.pdf
- The Department issued a notice of proposed rule development to change the title to the Noticed General Permit (NGP) Rule 62-341.630, F.A.C., for Single-Family Residential Lots Within the Indian Trail Improvement (formerly Water Control) District, and to delete Section 15, Township 43S, Range 40E from the area covered by the NGP. If requested in writing, a public hearing will be scheduled. See http://tlhora6.dep.state.fl.us/onw/publications/7-PRD62341IndiansTrailsGP-9-23-05-INT.pdf
- The Department issued a notice of proposed rulemaking and of a hearing before the Environmental Regulation Commission to amend Chapter 62-340, F.A.C., "Delineation of the Landward Extent of Wetlands and Surface Waters," to list slash pine and gallberry as facultative plants. A public hearing will be held October 27, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/11-NPR62340-9-23-05-INT.pdf
- The Department announced that the public meeting on the revised draft verified lists of impaired waters for the Group 4 Basins has been rescheduled from October 6, 2005, to November 3, 2005, and the public comment period has been changed from September 22 through October 22 to October 20 through November 21). See http://tlhora6.dep.state.fl.us/onw/publications/13-NoticeforReschedulingGrp4-9-23-05-INT.pdf
- The Department will hold a public workshop on October 26, 2005, to present the Intended Use Plan for Fiscal Year 2006 Federal Safe Drinking Water Act appropriations and state matching funds. See http://tlhora6.dep.state.fl.us/onw/publications/2-DWSRFIUPwkshp-9-23-05-INT.pdf
- The Department will hold a public hearing on October 26, 2005, for the purpose of adopting the Fiscal Year 2006 Drinking Water State Revolving Fund priority list. See http://tlhora6.dep.state.fl.us/onw/publications/3-SWSRFPrioritylistHrg-9-23-05-INT.pdf
- The Department of Natural Resources' Environmental Protection Division proposes amendments to Georgia's Rules for Air Quality Control, Chapter 391-3-1. Written comments are due November 14, 2005. A public hearing will be held November 3, 2005. See http://environet.dnr.state.ga.us/1/notice.pdf
Hazardous & Solid Waste:
The Department of Environmental Quality is seeking public comment on U.S. DOE's draft plan to close a hazardous waste unit at the Idaho National Laboratory's INTEC facility. The draft closure plan describes the procedures that DOE will follow to assure adequate decontamination and safe removal and disposal of hazardous waste from the Fluorinel Dissolution Process and Fuel Storage Basin Water Aquaskid System. Comments are due October 26, 2005. See http://www.deq.state.id.us/Applications/NewsApp/shownews.cfm?event_id=1302
- The Department of Environmental Quality is seeking public comment on a draft document designed to minimize the impact of stormwater runoff from land development. Stormwater runoff can cause erosion and flooding and can carry harmful pollutants into streams, lakes and rivers. The draft revised "Catalog of Stormwater Best Management Practices (BMPs) for Idaho Cities and Counties" outlines more than 100 ways to control erosion and sediment during and after construction. This document will be particularly useful for design professionals such as landscape architects, geologists, engineers, and soil scientists, and for local public officials and staff responsible for the review and approval of development applications. Public comments are due October 24, 2005. See http://www.deq.state.id.us/Applications/NewsApp/shownews.cfm?event_id=1300
Hazardous & Solid Wastes:
- 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). The Secretary of the Department of Environmental Quality declared that an emergency action is necessary in order to implement rules to add mercury-containing devices and electronics, including cathode ray tubes (CRTs), destined for recycling as universal wastes. Under the Emergency Rule, metallic mercury must be recovered, recycled, reused, or sequestered, 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. Large amounts of debris and waste must be disposed of as a result of Hurricanes Katrina and Rita. It is desirable to divert as many electronics and mercury-containing devices as possible away from disposal sites. By including these wastes as universal wastes, the opportunity exists to divert these items for recycling, thereby improving the environment and simplifying recovery. The Department has proposed a rule to promulgate these regulation changes. Effective October 3, 2005. See http://www.deq.state.la.us/planning/regs/pdf/HW088E.pdf
- The Secretary of the Department of Environmental Quality declared that an emergency action is necessary in order to implement expedited penalty agreements. This is a renewal of Emergency Rule OS054E5, which was effective on June 10, 2005, and published in the Louisiana Register on June 20, 2005. This version of the Emergency Rule adds a new Stage II Vapor Recovery violation and edits the violations to LAC 33:III.2132.F, adds new UST violations and penalty amounts for LAC 33:XI.711 and 905, and updates the UST citations. The Emergency Rule will abate the delay in correcting minor and moderate violations of the Environmental Quality Act. Delays in enforcement reduce the effectiveness of the action, unnecessarily utilize resources, and slow down the enforcement process. In the past three years alone, the Enforcement Division has received 8,139 referrals and has issued 4,259 actions. Currently strained budget and resource issues pose imminent impairment to addressing minor and moderate violations. This rule will provide an alternative penalty assessment mechanism that the Department may utilize, at its discretion, to expedite penalty agreements in appropriate cases. This Emergency Rule is effective on October 8, 2005, and shall remain in effect 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/OS054E6.pdf
Hazardous & Solid Wastes:
- The Maryland Department of the Environment is proposing amendments and new regulations proposed for adoption in COMAR 26.02.04, 26.13.02 and 26.13.10. Proposed action concerns the prohibition of selling fever thermometers containing mercury, the institution of labeling standards for certain products containing mercury, and disposition of waste fluorescent lamps. A public hearing will be held November 17, 2005. See http://www.mde.state.md.us/calendar/event.asp?id=752&rframe=0&cid=20&type=0&date=11%2F1%2F2005
- The Air Quality Division will be holding a public hearing on October 31, 2005, on the proposed addition of Part 18, Prevention of Significant Deterioration (PSD) of Air Quality, R 336.1801 to R 336.1819, R 336.1823, and R 336.1830 (SOAHR No. 2004-008EQ). The proposed rules will adopt a state PSD air permit program, which will be submitted to U.S. EPA, as a revision to the SIP. See http://www.michigan.gov/deq/0,1607,7-135-3308-127082--,00.html#Rules
- The Air Quality Division will be holding a public hearing on October 31, 2005, on the proposed amendments to Part 6 and 10 of the Air Pollution Control Rules, R 336.1627, R 336.2004, and R 336.2005, (SOAHR No. 2005-025EQ). The proposed amendments will require delivery vessels to be tested annually using U.S. EPA Method 27 as referenced in R 336.2004(u), which will be consistent with U.S. Department of Transportation requirements. Submittal of the test results will be changed from July 15 to within 30 days from the date of the test. See http://www.michigan.gov/deq/0,1607,7-135-3308-127082--,00.html#Rules
- The Mississippi Commission on Environmental Quality is considering the adoption of Commission Regulation MCEQ-3, governing Administrative Procedures. The purpose of the proposed regulation is to satisfy requirements of the Mississippi Administrative Procedures Act, Miss. Code Ann. §§25-43-1.101, et seq. (Rev. 2003), that all state agencies, including the Commission and the Mississippi Department of Environmental Quality, provide rules for "the form, contents and filing of written requests for declaratory opinions;" for "the procedural rights of persons in relation to the written requests;" and for "disposition of the written requests." Agencies must "adopt as a rule a description of the organization and the agency which states the general course and method of its operations," and may also adopt rules of practice for rulemaking. Written comments are due October 19, 2005. A public hearing will be held October 18, 2005. See http://www.deq.state.ms.us/MDEQ.nsf/page/Main_ProposedRegulationMCEQ-3,AdministrativeProcedures?OpenDocument
- The Mississippi Environmental Quality Permit Board is considering the adoption of Permit Board Regulation PB-2, governing Administrative Procedures. The purpose of the proposed regulation is to satisfy requirements of the Mississippi Administrative Procedures Act, Miss. Code Ann. §§25-43-1.101, et seq. (Rev. 2003). Written comments are due October 19, 2005. A public hearing will be held October 18, 2005. See http://www.deq.state.ms.us/MDEQ.nsf/page/Main_ProposedRegulationPB-2,AdministrativeProcedures?OpenDocument
- Title 3--Department of Conservation Division 10--Conservation Commission Chapter 4--Wildlife Code: General Provisions. 3 CSR 10-4.135: Transportation; 3 CSR 10-4.136: Giving Away Wildlife; 3 CSR 10-4.137: Wildlife Identification; 3 CSR 10-4.140: Possession, Storage, and Processing; and 3 CSR 10-4.145: Preparing and Serving Wildlife. The amendments correspond to rule changes in 3 CSR 10-7.431 and 3 CSR 10-7.455 requiring deer and turkeys to be labeled with the Telecheck confirmation number. Comments must be received within 30 days after publication of this notice in the Missouri Register (October 3, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n19/v30n19.asp
- Title 3--Department of Conservation Division 10--Conservation Commission Chapter 6--Wildlife Code: Sport Fishing: Seasons, Methods, Limits. 3 CSR 10-6.535: Trout. The commission proposes to amend section (5). The amendment revises trout permit requirements for fishing during the expanded winter catch-and-release trout season at Maramec Spring Park and establishes the trout permit as a year-round requirement for fishing in Stone Mill Spring Branch. Comments must be received within 30 days after publication of this notice in the Missouri Register (October 3, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n19/v30n19.asp
- Title 3--Department of Conservation Division 10--Conservation Commission Chapter 12--Wildlife Code: Special Regulations for Areas Owned by Other Entities. 3 CSR 10-12.115: Bullfrogs and Green Frogs. The commission proposes to add paragraph (1)(B)13 and reletter the remaining paragraphs. This rule establishes provisions for harvesting bullfrogs and green frogs on Valley Water Mill Lake. Comments must be received within 30 days after publication of this notice in the Missouri Register (October 3, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n19/v30n19.asp
- Title 3--Department of Conservation Division 10--Conservation Commission Chapter 12--Wildlife Code: Special Regulations for Areas Owned by Other Entities. 3 CSR 10-12.125: Hunting and Trapping. The commission proposes to add paragraph (1)(B)30 and renumber the remaining paragraph. This rule prohibits hunting at Valley Water Mill Lake. Comments must be received within 30 days after publication of this notice in the Missouri Register (October 3, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n19/v30n19.asp
- Proposed Amendment of ARM 17.30.670, 1202, and the Proposed Adoption of New Rules I-X (Water Quality--Nondegradation Requirements for Electrical Conductivity and Sodium Adsorption Ratio; Definitions for Technology-based Effluent Limitations and Minimum Technology-based Controls; and Treatment Requirements for the Coal Bed Methane Industry--MAR Notice No. 17-231). Written comments are due December 2, 2005. A public hearing will be held November 9 and 10, 2005, and December 1, 2005. See http://www.deq.state.mt.us/dir/legal/Notices/17-231pro.pdf
- Title 118: Ground Water Quality Standards and Use Classification, Chapter 4: Narrative And Numerical Standards. Proposed for the December 2005 Environmental Quality Commission Hearing. See http://www.deq.state.ne.us/Proposed.nsf/Pages/Proposed
- The Surface Water Quality Bureau seeks surface water quality data to support the development of the 2006-2008 list of impaired waterbodies under CWA §303(d) and the 2006-2008 Integrated §303(d)/§305(b) Water Quality Monitoring and Assessment Report. Data packages will be accepted from September 19, 2005, until close of business on October 18, 2005. See http://www.nmenv.state.nm.us/swqb/PublicNotice/2006-2008_303dListDataSolicitationPublicNotice.pdf
- Rules concerning the permitting and operation of non-discharge systems are currently provided in 15A NCAC 02H.0200. These rules have not been revised in a comprehensive fashion since 1993. Since that time there have been changes to the acceptable rule format, acceptable rule language, current non-discharge programs, and federal rules. In order to bring the rules into the currently accepted format and language requirements, to provide updates, to address some program changes, to make the rules easier to use, and to provide references to federal rules, the Environmental Management Commission intends to repeal 15A NCAC 02H.0200, Rule 15A NCAC 02H.0122, and Rule 15A NCAC 02H.0123, and provide the needed changes through adoption of Subchapter 15A NCAC 02T (02T). Written comments are due December 2, 2005. Public hearings will be held October 19, 20, 24, 26, and 27, 2005. See http://ncrules.state.nc.us/ncregister_/volume20issue07/content.htm (p. 484-485)
- The Radiation Protection Commission/Radiation Protection Section intends to amend the rules cited as 15A NCAC 11.0104 , .0353, .1604 to make the state's rules at least as stringent as those of the U.S. NRC. Written comments are due December 2, 2005. A public hearing will be held October 18, 2005. See http://ncrules.state.nc.us/ncregister_/volume20issue07/content.htm (p.552-553)
- The Ohio Environmental Protection Agency, Division of Air Pollution Control, has performed a five-year review of Ohio Administrative Code rules 3745-100-01, 3745-100-02, 3745-100-03, 3745-100-04, 3745-100-05, 3745-100-06, 3745-100-7, 3745-100-8, 3745-100-9, 3745-100-10, 3745-100-11, 3745-100-12, 3745-100-13, 3745-100-14, 3745-100-15, and 3745-100-16. As a result, the Division plans to amend rules 3745-100-01, 3745-100-02, 3745-100-03, 3745-100-04, 3745-100-05, 3745- 100-06, 3745-100-7, 3745-100-8, 3745-100-9, 3745-100-10, 3745-100-11, 3745- 100-12, 3745-100-13, 3745-100-14, 3745-100-15, and 3745-100-16. The amendments are being proposed to address incorporation by reference requirements and/or typographical errors, and to make the reference to the amplifying and authorizing statues more specific. Written comments are due November 7, 2005. A public hearing will be held November 7, 2005. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_27588_20051003_1049.pdf
- The Department of Environmental Management proposes amendments to the Rhode Island Marine Fisheries Regulations and gives notice of intent to hold a public hearing to afford interested parties the opportunity for public comment. Public comment will be solicited on the following proposals: state electronic dealer reporting regulations; summer flounder quota management proposals; scup quota management proposals; black sea bass quota management proposals; and lobster effort control regulations. Written comments are due November 7, 2005. The public hearing will be held November 7, 2005. See http://www.dem.ri.gov/programs/bnatres/fishwild/pn110705.htm
- Beaumont-Port Arthur reasonably available control technology update. This rule will lower the exemptions for volatile organic compounds from shipbuilding and repair operations to 50 tons per year (tpy) from the existing 100 tpy. The rule will also remove certain contingencies. Effective October 20, 2005. See http://www.tceq.state.tx.us/assets/public/legal/rules/rule_lib/adoptions/05017115_adoCLEAN.pdf
Hazardous & Solid Wastes:
- HB 2546: Sludge Use, Disposal, and Transportation. Chapter 312 governs the use, processing, storage, disposal, and transportation of municipal sewage sludge, water treatment sludge, and domestic septage. HB 2546 modifies and adds new requirements for land application of Class B sewage sludge. The rulemaking will include application requirements, permit holder requirements, and responsibilities of the Texas Commission of Environmental Quality. Effective October 20, 2005. See http://www.tceq.state.tx.us/assets/public/legal/rules/rule_lib/adoptions/03055037_ado-clean.pdf and http://www.tceq.state.tx.us/assets/public/legal/rules/rule_lib/adoptions/03055037_ado-clean.pdf
- HB 2376/SB 444: Dry Cleaner Registration and Fee Amendments. This rulemaking will amend 30 TAC Chapter 337 to comply with the requirements of HB 2376 and SB 444. The proposed rules amend annual registration fees assessment calculations, establish new compliance deadlines for performance standards for dry cleaning facilities, require the commission to request the comptroller to verify that the owner is in good standing with the state and is reporting gross receipts accurately, clarify the designation of a nonparticipating status and establish new deadlines and fee credits for nonparticipating sites, and clarify and establish procedures to administer and enforce the program. Written comments are due November 11, 2005. A public hearing will be held November 8, 2005. See http://www.tceq.state.tx.us/assets/public/legal/rules/hearings/05043337_phn.pdf
R307-170: Continuous Emission Monitoring Program. The purpose of this amendment is to reconcile differences between requirements outlined in Rule R307-170 and Continuous Emission Monitoring provisions of the federal acid rain program (40 CFR Part 75), and to clarify language throughout the rule. Written comments are due October 31, 2005. A public hearing will be held October 20, 2005. See http://www.rules.utah.gov/publicat/bulletin/2005/20051001/28226.htm
Effective September 12, 2005, through November 15, 2005, the daily bag and possession limits for all game fish in Mayor's Pond will be doubled from four fish in the aggregate to eight fish in the aggregate. This pond will be drained and dredged by Brigham City to remove sediments that were washed into the reservoir during spring run-off. See http://www.rules.utah.gov/publicat/bulletin/2005/20051001/sn103993.htm
- A public hearing to receive comments on the proposed regulation establishing a Virginia water protection general permit for minor surface water withdrawals will be held on December 5, 2005. The proposed regulation will be published in the Virginia Register of Regulations on October 31, 2005. The public comment period begins on October 31, 2005, and ends on January 13, 2006.
Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.
SPANISH FISHING PRACTICES THREATEN SHARKS
- Spanish trawlers regularly leave nets in the northeast Atlantic unattended for weeks in order to maximize catches and often return to find that more than half of the sharks caught have died and rotted, according to an investigation by Irish, Norwegian, and British marine experts. Their report estimates that the unregulated practice may have destroyed four-fifths of the populations of two threatened sharks, the leafscale gulper and the siki shark. The experts call on the European Union to more strictly regulate fishers to prohibit the wasteful practice. See http://www.latimes.com/news/nationworld/world/wire/sns-ap-deep-water-sharks,1,705312.story?coll=sns-ap-world-headlines
CLIMATE PACT MEETING POSTPONED
- The first summit of the Asia-Pacific climate pact, which was to take place in November, has been postponed, the BBC reports. The pact, signed by Australia, China, India, Japan, South Korea, and the United States, aims to reduce greenhouse gas emissions primarily through technological advances rather than through the mandatory reduction targets utilized by the Kyoto Protocol. The meeting will now take place after the next United Nations climate negotiations in Montreal on November 28, which some political analysts say will give the Montreal talks on Kyoto more attention. See http://news.bbc.co.uk/1/hi/sci/tech/4311310.stm
CANADA NOT PROTECTING THE ENVIRONMENT, REPORT SAYS
- The Canadian government regularly undermines sustainable development initiatives with bad management, resulting in unsafe drinking water, endangered fisheries, and threatened national parks, according to a report by Canada's environment commissioner. The report blames the government for failing to see through its initiatives to completion and posing risks to its citizens as a consequence. See http://www.enn.com/today.html?id=8929
Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.
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