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Weekly Update Volume 35, Issue 30

10/24/2005

LITIGATION

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


WETLANDS, JURISDICTION:


The Ninth Circuit held that the U.S. Army Corps of Engineers properly determined that it has jurisdiction over wetlands adjacent to waters of the United States. A landowner argued that in light of the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County (SWANCC) v. United States Army Corps of Engineers, 531 U.S. 159, 31 ELR 20382 (2001), adjacency is no longer sufficient to establish the Corps' jurisdiction. The landowner argued that the Corps must demonstrate an adequate hydrological or ecological connection between the wetlands and the adjacent waters of the United States. SWANCC, however, did not address the Corps’ adjacency jurisdiction. Rather, it invalidated the Corps’ Migratory Bird Rule. SWANCC did not modify the Court's decision in United States v. Riverside Bayview Homes, 474 U.S. 121, 16 ELR 20086 (1985), in which the Court upheld the Corps’ exercise of jurisdiction over adjacent wetlands as defined in 33 C.F.R. §328.3(c). Because the Corps complied with requirements of 33 C.F.R. §328.3(c), which does not require a significant hydrological or ecological connection between the particular wetlands at issue and waters of the United States, the Corps' jurisdiction determination was proper. In so holding, the Ninth Circuit takes the same stance as the Sixth Circuit on this issue. Baccarat Fremont Developers LLC v. United States Army Corps of Engineers, No. 03-16586, 35 ELR 20212 (9th Cir. Oct. 14, 2005) (15 pp.).


ESA, BIOLOGICAL OPINION:


The Ninth Circuit held that the U.S. Bureau of Reclamation and NOAA Fisheries failed to analyze how plans to operate an irrigation project in the Klamath River Basin would avoid jeopardy to the Southern Oregon/Northern California Coast coho salmon and its habitat in violation of the ESA. The biological opinion and reasonable and prudent alternatives (RPA) for the project govern the Bureau of Reclamation's actions for 10 years. But the biological opinion contains no analysis on the project's effect on the coho for the first eight years of the RPA's implementation. Because the agencies failed to analyze the effects for 8 of the 10 years of the proposed action on the coho, a species that has a three-year life cycle, they violated the ESA's mandate to avoid the likelihood of jeopardy to the coho. Pacific Coast Federation of Fishermen's Associations v. United States Bureau of Reclamation, No. 03-16718, 35 ELR 20215 (9th Cir. Oct. 18, 2005) (24 pp.).


FLATHEAD AND KOOTENAI NATIONAL FOREST REHABILITATION ACT, SEPARATION OF POWERS:


The Ninth Circuit held that §407 of the Flathead and Kootenai National Forest Rehabilitation Act does not violate the separation of powers doctrine. Under §407, timber sales can be implemented as long as each project area retains 10% designated old growth below 5,500 feet. Nothing in §407 directs particular findings of fact or the application of old or new law to fact. It does not direct that the district court find that 10% old growth exists, but instead declares that the statutory requirements for timber sales are met if there exists 10% old growth in the areas projected for logging. It is still the district court that determines whether there is 10% old growth on the project areas at issue. Thus, because §407 changed the underlying law relating to old growth standards for timber sales in the Kootenai National Forest and did not impermissibly direct findings, it does not violate the separation of powers doctrine. Ecology Center v. Castaneda, No. 04-35936, 35 ELR 20217 (9th Cir. Oct. 19, 2005) (11 pp.).


CWA, RCRA, ATTORNEYS FEES:


The Tenth Circuit reversed and remanded a district court decision denying a landowner's motion for attorneys fees in a case concerning alleged CWA and RCRA violations at a landfill. Although the landowner only prevailed on one of its RCRA claims, the district court gave no reasoning when it ordered the parties to bear their own costs of action and attorney fees. Browder v. City of Moab, Nos. 04-4198, -4206, 35 ELR 20214 (10th Cir. Oct. 17, 2005) (16 pp.).


CAA, BENZENE, SULFUR DIOXIDE:


A district court held that a refinery is liable under the CAA for violating benzene and sulfur dioxide emissions limits set forth in its permits and for violating new source performance standards that apply to its flares. Citizen groups demonstrated that the refinery's benzene emissions regularly exceeded the refinery's annual and hourly permit limits, and the court found no basis on which the refinery may be excused from its reported violations. The refinery also repeatedly violated its permitted sulfur dioxide limits. Because the refinery admitted that the emissions it reported were not related to any emergency condition, those emissions are not exempt from the applicable regulation. And even if it eventually comes into compliance with some future permit limit on sulfur dioxide emissions, post-complaint compliance does not moot the groups' claims for civil penalties. The refinery also regularly violated new source performance standards by failing to operate the flares with a flame at all times, and by failing to monitor its flames consistently. The refinery argued that its monitoring violations should be excused because the presence of visual and video monitoring can confirm that the flame is present and that the monitoring violations are therefore not impacting the environment. The regulations that the refinery violated, however, prohibit all monitoring violations and make no distinction based on whether the violations impact the environment. The groups also sought an injunction that prohibits the refinery from violating its permit limits for benzene emissions. But because the effects of Hurricane Katrina may impact the propriety of an injunction, the court deferred ruling on their request until the parties have briefed the issue. St. Bernard Citizens for Environmental Quality, Inc. v. Chalmette Refining, LLC, No. 04-0398, 35 ELR 20213 (E.D. La. Oct. 14, 2005) (Vance, J.) (32 pp.).


INVERSE CONDEMNATION, RIPENESS:


A California appellate court ordered a lower court to grant a county's motion to dismiss on ripeness grounds an inverse condemnation action brought by a land developer. The developer argued that a land use regulation, as applied to its property, constituted a taking under the federal and California Constitutions. The county moved for summary judgment, arguing that the claim was not ripe because the developer has not submitted a single development proposal to the county for its property since the passage of the regulation. The lower court denied the county's motion, holding that any development proposal would be futile in light of the restrictions imposed on development of the property. The futility exception, however, generally cannot be invoked unless a landowner has first made a development proposal that the authorities have rejected. Moreover, the county has not had the opportunity to explain the reach of the challenged regulation. The lower court must therefore grant the county's motion. County of Alameda v. Superior Court of Alameda, No. A109576, 35 ELR 20216 (Cal. App. 1st Dist. Oct. 18, 2005) (16 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 proposed to revise the emissions test for existing electric generating units that are subject to the PSD and nonattainment major new source review regulations. 70 FR 61081 (10/20/05).

  • EPA approved a negative declaration submitted by Massachusetts certifying that there are no existing commercial and industrial solid waste incineration units in the commonwealth. 70 FR 61044 (10/20/05).

  • EPA proposed to approve a negative declaration submitted by Massachusetts certifying that there are no existing commercial and industrial solid waste incineration units in the commonwealth; see above for direct final rule. 70 FR 61106 (10/20/05).

  • EPA withdrew its direct final rule on the supplemental authorization of methyl bromide for critical uses in 2005 that was published on August 30, 2005 (70 FR 51270). 70 FR 60443 (10/18/05).

  • EPA entered into a proposed administrative settlement under the CAA that requires the Agency to propose amendments to the NESHAP for non-gasoline organic liquids distribution that was originally published on February 3, 2004 (69 FR 5038). 70 FR 60511 (10/18/05).

  • SIP Approvals: Indiana (particulate matter, consistency with federal regulations), 70 FR 60735 (10/19/05). Maryland (glass melting facilities emissions), 70 FR 60738 (10/19/05); (volatile organic compounds), 70 FR 60740 (10/19/05).

  • SIP Proposals: Indiana (particulate matter; see above for direct final rule), 70 FR 60769 (10/19/05). West Virginia (nitrogen oxides), 70 FR 61104 (10/20/05).

  • SIP Withdrawals: Kentucky (8-hour ozone attainment; Clarksville-Hopkinsville area), 70 FR 61232 (10/21/05); (major source threshold), 70 FR 60741 (10/19/05).

HAZARDOUS WASTE:



  • EPA entered into a proposed administrative settlement under CERCLA that requires the settling parties to perform operation and maintenance activities at the Denver Radium Superfund site in Denver, Colorado, to record an environmental covenant, and to reimburse past response costs incurred at the site. 70 FR 60521 (10/18/05).

PUBLIC LAND:



  • The National Park Service (NPS) announced the availability of the draft general management plan and EIS for the North Unit of Badlands National Park in South Dakota. 70 FR 60851 (10/19/05).

  • NPS announced the availability of a record of decision for the final general management plan and EIS for Crater Lake National Park in Oregon. 70 FR 60852 (10/19/05).

  • NPS announced the availability of an updated draft of the management policies that guide the management of the national park system. 70 FR 60852 (10/19/05).

  • FWS announced the availability of a draft comprehensive conservation plan and EIS for the Crab Orchard National Wildlife Refuge in Jackson, Union, and Williamson counties in Illinois. 70 FR 60364 (10/17/05).

RADIOACTIVE WASTE:



  • EPA determined that DOE's compliance recertification application for the Waste Isolation Pilot Plant is complete and the Agency will now engage in a full technical review that will determine if the plant remains in compliance with disposal regulations. 70 FR 61107 (10/20/05).

  • DOE revised the record of decision for its waste management program concerning the treatment and storage of transuranic waste. 70 FR 60508 (10/18/05).

TOXIC SUBSTANCES:



  • EPA added 1,2,3-propanetriol to the list of chemical substances that are exempt from processing and use information reporting under TSCA §8(a). 70 FR 60217 (10/17/05).

WATER:



  • EPA issued final guidance on fees charged by states to recipients of Clean Water State Revolving Fund program assistance. 70 FR 61039 (10/20/05).

WILDLIFE:



  • FWS designated approximately 120,824 acres of critical habitat for the southwestern willow flycatcher in Arizona, California, Nevada, New Mexico, and Utah. 70 FR 60885 (10/19/05).

  • FWS designated approximately 652 acres of critical habitat for spreading navarretia, an annual herb found around vernal pools, in Los Angeles and San Diego counties, California. 70 FR 60657 (10/18/05).

  • FWS proposed to designate approximately 203,342 acres of critical habitat for the Alameda whipsnake in Alameda, Contra Costa, San Joaquin, and Santa Clara counties, California. 70 FR 60607 (10/18/05).

DOJ NOTICES OF SETTLEMENT:



  • United States v. Allied Oil & Supply Co., No. 05-2419 (D. Kan. Sept. 29, 2005). Settling CERCLA defendants must pay a total of $1,127,000 in past response costs incurred at the Container Recycling Superfund site in Kansas City, Kansas. 70 FR 60853 (10/19/05).

  • United States v. Chalmette Refining, L.L.C., No. 05-4662 (E.D. La. Oct. 11, 2005). A settling CAA defendant must pay a $1 million civil penalty, must undertake $3 million in federal and state environmentally beneficial projects, must implement innovative pollution control technologies to reduce emissions of nitrogen oxides, sulfur dioxide and particulate matter, and must adopt facilitywide enhanced benzene waste monitoring and fugitive emission control programs to resolve claims relating to CAA violations at the defendant's petroleum refinery in Chalmette, Louisiana. 70 FR 60853 (10/19/05).

  • United States v. Exxon Mobil Corp., No. O5-C-5809 (N.D. Ill. Oct. 11, 2005). A settling CAA defendant must pay a $7.7 million civil penalty, must undertake $6.7 million in federal and state environmentally beneficial projects, must implement innovative pollution control technologies to reduce emissions of nitrogen oxides, sulfur dioxide, and particulate matter from refinery process units, and must adopt facilitywide enhanced benzene waste monitoring and fugitive emission control programs to resolve claims related to CAA violations at six of the defendant's petroleum refineries. 70 FR 60853 (10/19/05).

  • United States v. Sanitation District No. 1 of Northern Kentucky, No. 05-199-WOB (E.D. Ky. Oct. 7, 2005). A settling CWA defendant must pay a civil penalty of $476,000, must perform supplemental environmental projects at a cost of at least $636,000, and must implement both short-term and long-term remedial measures to resolve claims relating to NPDES permit violations and unpermitted discharges to waters of the United States. 70 FR 60854 (10/19/05).

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


THE CONGRESS

CHAMBER ACTION:



  • S. 55 (Rocky Mountain National Park Boundary Adjustment Act of 2005), which would adjust the boundary of Rocky Mountain National Park in the state of Colorado, was passed by the House, clearing the measure for the President. 151 Cong. Rec. H8869-71 (daily ed. Oct. 18, 2005).

  • S. 156 (Ojito Wilderness Act), which would designate the Ojito Wilderness Study Area as wilderness to take certain land into trust for the Pueblo of Zia, was passed by the House, clearing the measure for the President. 151 Cong. Rec. H8871-73 (daily ed. Oct. 18, 2005).

  • H.R. 177 (Santa Ana River Water Supply Enhancement Act of 2005), which would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Prado Basin Natural Treatment System Project, to carry out a program to assist agencies in projects to construct regional brine lines in California, and to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project, was passed by the House. 151 Cong. Rec. H8868-69 (daily ed. Oct. 18, 2005).

COMMITTEE ACTION:



  • S. 206 (national trails) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-144, 151 Cong. Rec. S11558 (daily ed. Oct. 18, 2005). The bill would designate the Ice Age Floods National Geologic Trail.

  • S. 584 (national parks) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-146, 151 Cong. Rec. S11558 (daily ed. Oct. 18, 2005). The bill would require the Secretary of the Interior to allow the continued occupancy and use of certain land and improvements within Rocky Mountain National Park.

  • S. 895 (rural water supply program) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-148, 151 Cong. Rec. S11558 (daily ed. Oct. 18, 2005). The bill would direct the Secretary of the Interior to establish a rural water supply program in the Reclamation States to provide a clean, safe, affordable, and reliable water supply to rural residents.

  • S. 955 (national parks) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-149, 151 Cong. Rec. S11558 (daily ed. Oct. 18, 2005). The bill would direct the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of including in the National Park System certain sites in Williamson County, Tennessee, relating to the Battle of Franklin.

  • S. 958 (National Trails System Act) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-150, 151 Cong. Rec. S11558 (daily ed. Oct. 18, 2005). The bill would amend the National Trails System Act to designate the Star-Spangled Banner Trail in the states of Maryland and Virginia and the District of Columbia as a National Historic Trail.

  • S. 1154 (Acadia National Park Advisory Commission) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-151, 151 Cong. Rec. S11558 (daily ed. Oct. 18, 2005). The bill would extend the Acadia National Park Advisory Commission to provide improved visitor services at the park.

  • S. 1238 (Public Land Corps Act of 1993) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-152, 151 Cong. Rec. S11558 (daily ed. Oct. 18, 2005). The bill would amend the Public Lands Corps Act of 1993 to provide for the conduct of projects that protect forests.

  • S. 1627 (national parks) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-153, 151 Cong. Rec. S11558 (daily ed. Oct. 18, 2005). The bill 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.

  • H.R. 126 (free roaming horses) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-154, 151 Cong. Rec. S11558 (daily ed. Oct. 18, 2005). The bill would amend Public Law 89-366 to allow for an adjustment in the number of free roaming horses permitted in Cape Lookout National Seashore.

  • H.R. 539 (national forests) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-155, 151 Cong. Rec. S11558 (daily ed. Oct. 18, 2005). The bill would designate certain National Forest System land in the Commonwealth of Puerto Rico as components of the National Wilderness Preservation System.

BILLS INTRODUCED:



  • S. 1869 (Inhofe, R-Okla.) (Coastal Barrier Resources Act) would reauthorize the Coastal Barrier Resources Act. 151 Cong. Rec. S11421 (daily ed. Oct. 17, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 1870 (Feinstein, D-Cal.) (national parks) would clarify the authorities for the use of certain National Park Service properties within Golden Gate National Recreation Area and San Francisco Maritime National Historical Park. 151 Cong. Rec. S11421 (daily ed. Oct. 17, 2005). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1887 (Kerry, D-Mass.) (dams) would authorize the conduct of small projects for the rehabilitation or removal of dams. 151 Cong. Rec. S11559 (daily ed. Oct. 18, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 1891 (Murkowski, R-Ark.) (Coastal Plain oil and gas) would authorize the leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain. 151 Cong. Rec. S11559 (daily ed. Oct. 18, 2005). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1897 (Corzine, D-N.J.) (Forest and Rangeland Renewable Resources Planning Act of 1974) would amend the Forest and Rangeland Renewable Resources Planning Act of 1974 and related laws to strengthen the protection of native biodiversity and ban clearcutting on federal land, and would designate certain federal land as Ancient forests, roadless areas, watershed protection areas, and special areas where logging and other intrusive activities are prohibited. 151 Cong. Rec. S11559 (daily ed. Oct. 18, 2005). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 4075 (Pombo, R-Cal.) (Marine Mammal Protection Act) would amend the Marine Mammal Protection Act of 1972 to provide for better understanding and protection of marine mammals. 151 Cong. Rec. H8918 (daily ed. Oct. 18, 2005). The bill was referred to the Committee on Resources.

  • H.R. 4080 (Cubin, R-Wyo.) (Missouri River Basin Project) would extend the contract for the Glendo Unit of the Missouri River Basin Project in the state of Wyoming. 151 Cong. Rec. H8985 (daily ed. Oct. 18, 2005). The bill was referred to the Committee on Resources.

  • H.R. 4084 (Herger, R-Cal.) (Forest Service permit program) would amend the Forest Service use and occupancy permit program to restore the authority of the Secretary of Agriculture to utilize the special use permit fees collected by the Secretary in connection with the establishment and operation of marinas in units of the National Forest System derived from the public domain. 151 Cong. Rec. H8985 (daily ed. Oct. 18, 2005). The bill was referred to the Committee on Agriculture and the Committee on Resources.
Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.
IN THE STATES

Note: 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:

California
Louisiana
New Jersey
Vermont

Colorado
Maine
Ohio
Virginia

Delaware
Michigan
Oklahoma
West Virginia

Florida
Minnesota
Oregon
Wisconsin

Georgia
Missouri
Tennessee
Wyoming

 
Nebraska
Utah
 

CALIFORNIA


Hazardous & Solid Wastes:



  • On September 29, 2005, the Office of Administrative Law approved revised regulations allowing for the issuance of research, development, and demonstration permits for innovative landfill technologies and filed them with the Secretary of State. The regulations became effective immediately. See http://www.ciwmb.ca.gov/RuleArchive/2005/LandfillDemo/

  • On September 21, 2005, the Office of Administrative Law approved the revision of the disposal reporting system and adjustment method regulations based on recommendations in a report to the Legislature entitled A Comprehensive Analysis of the Integrated Waste Management Act Diversion Rate Measurement System and filed them with the Secretary of State. The regulations become effective January 1, 2006. See http://www.ciwmb.ca.gov/RuleArchive/2005/DRSAdjMethod/

Toxic Substances:



Water:



COLORADO


Water:



DELAWARE


Air:



  • The Department of Natural Resources and Environmental Control, Air Quality Management Section, will conduct three public workshops for dry cleaning businesses regarding the development of source category permits pursuant to Regulation No. 2, Permits, and Regulation No. 30, Title V State Operating Permit Program, of the Regulations Governing the Control of Air Pollution. These workshops will cover the draft source category permit and will provide dry cleaning business owners with instructions and assistance with completing permit applications. The workshops will be held on October 25, 26, and 27, 2005. See http://www.dnrec.state.de.us/DNREC2000/Admin/Press/PublicNotices/PNDetail.asp?NOVID=1658

FLORIDA


General:



Land Use:



Water:



GEORGIA


General:



  • The Environmental Protection Division proposed amendments to Georgia's rules for Enhanced Inspection and Maintenance, Chapter 391-3-20. Written comments are due November 21, 2005. A public hearing will be held November 8, 2005. See http://environet.dnr.state.ga.us/20/notice.pdf

LOUISIANA


Air:



  • The Department of Environmental Quality issued a rule clarifying requirements in LAC 33:III.919 concerning emission inventory and in LAC 33:III.507.H concerning annual compliance certification. The intent of this rule is to permit the department to determine the actual basis of apparent changes in emissions when there is an emission limit discrepancy between a facility's permitted limit (pursuant to Chapter 5) and the emission estimate reported in the facility's emission inventory statement (pursuant to Chapter 9). The rule provides a mechanism to allow the department an opportunity to assess and validate the basis of the noted emission level change. The rule clarifies how facility compliance is to be assessed when prescribed emission factors are changed. Emission factors set forth in the U.S. EPA-approved Compilation of Air Pollution Emission Factors and other department-approved estimation methods may be revised. A public hearing will be held November 29, 2005. Written comments are due December 6, 2005. See http://www.deq.state.la.us/planning/regs/pdf/AQ240pro.pdf

  • In response to the revocation of the one-hour NAAQS, the Department of Environmental Quality proposed to delete the term "one-hour" and replace it with the term "eight-hour" to refer to the currently applicable eight-hour ozone NAAQS. The rule also addresses the need for facilities to submit annual emissions inventories under LAC 33:III.5107.A, enumerates the required number of copies of the annual certification statement to be submitted to the department, and revises the requirements for calculations. A public hearing will be held on November 29, 2005. Written comments are due December 6, 2005. See http://www.deq.state.la.us/planning/regs/pdf/AQ255pro.pdf

  • The Department of Environmental Protection will submit a proposed revision to the Grant Parish ozone maintenance plan. According to the Phase 1 Implementation Rule, areas that are designated attainment for the eight-hour ozone NAAQS and are designated attainment for the one-hour ozone NAAQS with an approved maintenance plan must submit a revision. A public hearing will be held November 29, 2005. Written comments are due November 29, 2005. See http://www.deq.state.la.us/planning/regs/pdf/0510Pot2.pdf

  • Eight-Hour Ambient Ozone Standard and Nonattainment New Source Review (LAC 33:III.111, 504, 607, 711, 2201, and 2202), effective October 13, 2005. The Department of Environmental Protection determined that emergency action is necessary to implement rules concerning the revised primary and secondary NAAQS for ozone and transitional provisions for nonattainment new source review under the revised standard. This is a renewal of Emergency Rule AQ253E, which was effective on June 15, 2005, and published in the Louisiana Register on June 20, 2005. The department is drafting a rule to promulgate the federal regulation changes. See http://www.deq.state.la.us/planning/regs/pdf/AQ253E1.pdf

General:



Hazardous & Solid Wastes:



  • RCRA XIV Package (LAC 33:V.108, 1717, 4003, and 4561). This rule was finalized October 20, 2005. See http://www.deq.state.la.us/planning/regs/pdf/HW087FTfin.pdf

  • The Uniform Hazardous Waste Manifest rules by U.S. EPA/U.S. DOT shall become effective September 5, 2006. The Louisiana Department of Environmental Quality will no longer have authorization to require hazardous waste handlers to use the Louisiana Uniform Hazardous Waste Manifest. After the effective date of the new manifest rules (September 5, 2006), Uniform Hazardous Waste Manifest forms must be obtained only from U.S. EPA-registered and approved sources. These sources must apply for registration by submitting the required information regarding the strict manifest form printing and tracking requirements specified by the new rule and then obtain express authorization by U.S. EPA to be a manifest form printer/provider. See http://www.deq.state.la.us/planning/regs/pdf/0510Pot1.pdf

MAINE


General:



Wildlife:



  • Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Fall Season. The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the dates for the fall turkey hunting season occurring in wildlife management districts 15, 16, 20, 21, 22, 23, 24, 25, and 26 from the Saturday preceding the Monday observance of Columbus Day in October to the second Saturday following the Monday observance of Columbus Day. Any person who possesses an archery license as provided in 12 MRSA §11109 may purchase a wild turkey hunting permit to hunting during this fall season. The bag limit during this season is one wild turkey of either sex and any age per permit holder. Only bow and arrow may be used to hunt wild turkey during this season. Effective October 12, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/101905.htm

  • Ch. 4, Hunting and Trapping: 4.00, Wildlife Management Districts, Antlerless Deer Hunting Restrictions. In accordance with Title 12 MRSA §7457, subsection 1(H), the Commissioner of Inland Fisheries and Wildlife has adopted changes to the wildlife management districts (WMDs) in order to consolidate areas with similar physical/habitat characteristics and deer densities. This change affects WMDS 25, 26, 27, 28, 29, and 30. This change results in the reduction of WMDs from 30 to 29. In addition, road/route references have been updated throughout the WMDs as a result of E911 implementation. These changes take effect with the beginning of the Spring Wild Turkey Hunting Season in 2006. Effective May 1, 2006. See http://www.maine.gov/sos/cec/rules/notices/2005/101905.htm

  • Ch. 4, Hunting and Trapping: 4.01(G.l and 1.b.), Furbearing Animals, Beaver Trapping Season Dates and Closures. The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing beaver trapping season dates and individual township openings and closings for the beaver trapping. Townships or portions thereof are opened and closed on an individual basis to manage local beaver populations within the general season framework. Effective October 17, 2005. See http://www.maine.gov/SOS/cec/rules/notices/2005/101905.htm

MICHIGAN


General:



Hazardous & Solid Wastes:



  • The Michigan Department of Environmental Quality developed proposed amendments to the solid waste management rules (ORR 2004-041EQ). The amendments improve the overall quality of the rules, reduce some of the regulatory burdens on the regulated community, provide clarity, amend the inert criteria, and provide for a self-implementing beneficial use of certain industrial wastes. A public hearing to solicit comments on the amendments will take place on November 10, 2005. See http://www.michigan.gov/deq/0,1607,7-135-3308-128208--,00.html#PublicHearings

Water:



  • The Land and Water Management Division will hold a public hearing on November 9, 2005, to allow comments on the Alcona, Alpena, Cheboygan, Crawford, Montmorency, Oscoda, Otsego, and Presque Isle County Preliminary Wetland Inventories, pursuant to Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. See http://www.michigan.gov/deq/0,1607,7-135-3308-128208--,00.html#PublicHearings

  • The Land and Water Management Division will hold a public hearing on November 15, 2005, to allow comments on the Arenac, Bay, Clare, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Ogemaw, Roscommon, Saginaw, Sanilac, and Tuscola County Preliminary Wetland Inventories, pursuant to Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. See http://www.michigan.gov/deq/0,1607,7-135-3308-128208--,00.html#PublicHearings

  • The Land and Water Management Division will hold a public hearing on November 16, 2005, to allow comments on the Allegan, Ionia, Kent, Mecosta, Montcalm, Osceola, and Ottawa County Preliminary Wetland Inventories, pursuant to Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. See http://www.michigan.gov/deq/0,1607,7-135-3308-128208--,00.html#PublicHearings

  • The Land and Water Management Division will hold a public hearing on November 17, 2005 to allow comments on the Genesee, Lapeer, and Shiawassee County Preliminary Wetland Inventories, pursuant to Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. See http://www.michigan.gov/deq/0,1607,7-135-3308-128208--,00.html#PublicHearings

MINNESOTA


Air:



  • Proposal to amend public participation procedures for minor and administrative SIP revisions. This revision is intended to establish criteria differentiating mandatory public meetings held in conjunction with a SIP revision and discretionary public meetings, available upon request. A public information meeting about these revisions is scheduled for November 17, 2005. Open for public comment through November 28, 2005. See http://www.pca.state.mn.us/news/data/bdc.cfm?noticeID=269268&blobID=11487&docTypeID=4

MISSOURI


Wildlife:



  • The Conservation Commission proposed to amend sections (1), (6) and (8) of 3 CSR 10-4.110, General Prohibition; Applications. This amendment excludes invertebrates from the Wildlife Code except in specific instances. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2142)

  • The Conservation Commission proposed to amend sections (3) and (4) of 3 CSR 10-4.113, Ginseng. This amendment will clarify that ginseng dealer registration is required only for persons buying and selling ginseng roots, rather than the myriad of products containing ginseng that has been processed into powder, liquid, or other forms. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2143)

  • The Conservation Commission proposed to amend section (4) of 3 CSR 10-4.130, Owner May Protect Property. This amendment clarifies the requirement that both the carcass and pelt of any mountain lion killed under provisions of this rule must be turned over to the department within 24 hours of being killed. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2143)

  • The Conservation Commission proposed to amend section (5) of 3 CSR 10-5.215, Permits and Privileges: How Obtained; Not Transferable. This amendment adds the Resident Cable Restraint Permit to the list of permits that have specific expiration dates associated with particular seasons. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2143)

  • The Conservation Commission proposed to amend 3 CSR 10-5.352, Resident Firearms Antlerless Deer Hunting Permit, to make a grammatical correction. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2143)

  • The Conservation Commission proposed to amend 3 CSR 10-5.552, Nonresident Firearms Antlerless Deer Hunting Permit, to make a grammatical correction and to add the Nonresident Managed Deer Hunting Permit as another choice as a prerequisite to this permit. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2144)

  • The Conservation Commission proposed to amend 3 CSR 10-5.554, Nonresident Archery Antlerless Deer Hunting Permit. This amendment restates the requirements for this permit as clarification and standardization with other similar rules. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2144)

  • The Conservation Commission proposed to amend sections (2), (3), and (4) of 3 CSR 10-6.405, General Provisions. This amendment adds reciprocal sport fishing privileges with the state of Iowa on shared waters of the Des Moines River and clarifies possession limits when aggregate limits for similar species apply. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2144)

  • The Conservation Commission proposed to amend sections (4) and (8) to 3 CSR 10-6.410, Fishing Methods. This amendment changes the description of minnow traps to include other authorized live bait traps. Crawfish traps are also allowed under 3 CSR 10-6.605, Live Bait, and it is intended for all live bait traps to be attended within 24 hours and to be labeled properly. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2145)

  • The Conservation Commission proposed to amend subsection (2)(F) of 3 CSR 10-6.415, Restricted Zones. This amendment establishes fishing methods in a portion of the Salt River. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2145)

  • The Conservation Commission proposed to amend section (1) of 3 CSR 10-6.510, Channel Catfish, Blue Catfish, Flathead Catfish. This amendment changes the statewide limits for blue catfish and channel catfish. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2145)

  • The Conservation Commission proposed to amend sections (4) and (7) of 3 CSR 10-6.511, Experimental Catfish Hand Fishing Season, Methods, Limits. This amendment provides more explicit and detailed regulations for methods and reporting requirements for the experimental catfish hand fishing season. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2146)

  • The Conservation Commission proposed to amend subsection (4)(A) of 3 CSR 10-6.515, Crappie. This amendment establishes a nine inch minimum length limit on crappie at Wappapello Lake. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2146)

  • The Conservation Commission proposed to amend subsections (1)(A) and (4)(A) of 3 CSR 10-6.545, White Bass, Yellow Bass, Striped Bass. This amendment establishes a daily limit and length limit for white, yellow and striped bass at Long Branch Lake. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2146)

  • The Conservation Commission proposed to amend section (4) and to add a new section (6) to 3 CSR 10-6.605, Live Bait. This amendment eliminates length limits for non-native carp species within the live bait rule and make it illegal to transport live bait taken from public waters across state lines. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2147)

  • The Conservation Commission proposed to amend section (5) of 3 CSR 10-7.405, General Provisions. This amendment provides clarification related to landowner and lessee privileges. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2147)

  • The Conservation Commission proposed to amend section (2) of 3 CSR 10-7.430, Pheasants: Seasons, Limits. This amendment makes consistent the prescribed season dates that male pheasants may be taken. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2147)

  • The Conservation Commission proposed to amend 3 CSR 10-8.505, Trapping. This amendment clarifies provisions for selling furbearer pelts and standardizes provisions with furbearer hunting regulations. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2148)

  • The Conservation Commission proposed to amend sections (1), (2), and (3) of 3 CSR 10-8.510, Use of Traps. This amendment prohibits persons other than the user from killing or removing wildlife held in traps, snares, or cable restraint devices and standardizes the language used throughout Chapter 8. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2148)

  • The Conservation Commission proposed to amend 3 CSR 10-9.105, General Provisions. This amendment adds a new section (2) that provides an Approved Confined Wildlife Species List. Only species which are listed may be held under permit within the provisions of this chapter. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2148)

  • The Conservation Commission proposed to amend section (1) and subsections (3)(D) and (E) of 3 CSR 10-9.110, General Provisions; Applications. This amendment limits the collection and transportation of invertebrate species of concern to those who hold Wildlife Collectors Permits and adds conditions to holding facilities for potentially invasive crayfish and fish species to reduce the threat of escape to state waters. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2153)

  • The Conservation Commission proposed to amend section (7) and add a new section (8) to 3 CSR 10-9.220, Wildlife Confinement Standards. This amendment provides an exception for Class I and II breeder permits for facilities that are inspected and subsequently accredited through the American Zoo and Aquarium Association and more clearly states the intent of the rule which allows the director to authorize other acceptable variations from wildlife confinement standards in specific instances. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2154)

  • The Conservation Commission proposed to amend sections (8) and (17) to 3 CSR 10-9.353, Privileges of Class I and Class II Wildlife Breeders. This amendment provides an exception for Class I and II breeder permits for facilities that are inspected and subsequently accredited through the American Zoo and Aquarium Association and requires the holder of a Class I wildlife breeder permit to report escaped animals immediately to an agent of the department. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2154)

  • The Conservation Commission proposed to amend paragraphs (1)(A)5. and (1)(B)8 of 3 CSR 10-9.565, Licensed Hunting Preserve: Privileges. This amendment will allow Game Bird Hunting Preserve operators to sell live game birds without also possessing a Class I Wildlife Breeder Permit, under privileges of 3 CSR 10-9.353, and require operators of Big Game Hunting Preserves to report escaped animals immediately to an agent of the department. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2154)

  • The Conservation Commission proposed to amend 3 CSR 10-10.722, [Missouri River] Resident Shovelnose Sturgeon Commercial Harvest Permit. This amendment renames this permit and adds the Mississippi River to the list of waters where shovelnose sturgeon may be commercially harvested by residents of Missouri. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2155)

  • The Conservation Commission proposed to amend 3 CSR 10-10.724, Nonresident Mississippi River Shovelnose Sturgeon Commercial Harvest Permit. This rule establishes a special permit required in addition to the Commercial Fishing Permit for nonresidents of the state to harvest shovelnose sturgeon from the Mississippi River. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2156)

  • The Conservation Commission proposed to amend sections (1), (5), (7), and (10), to add a new section (8), and to renumber the remaining sections of 3 CSR 10-10.725, Commercial Fishing: Seasons, Methods. This amendment establishes restrictions on the commercial harvest of shovelnose sturgeon in the Mississippi River, provides specifications for hoop net wings and leads, clarifies that commercial gear must be labeled while in use with tags furnished by the department, and corrects a referenced section. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2158)

  • The Conservation Commission proposed to add section (6) to 3 CSR 10-10.726, Reciprocal Privileges: Commercial Fishing and Musseling; Commercial Waters. This amendment recognizes reciprocal privileges for harvest of shovelnose sturgeon on the Mississippi River by properly licensed commercial fishers from Illinois and Tennessee. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2158)

  • The Conservation Commission proposed to amend section (1) of 3 CSR 10-10.782, Commercial Musseling, Seasons, Methods. This amendment prohibits taking mussel species of conservation concern for commercial purposes. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2159)

  • The Conservation Commission proposed to amend 3 CSR 10-11.110, General Provisions. The commission proposed to amend section (1), add new sections (2) and (7), and renumber sections accordingly. This amendment clarifies that persons collecting or doing research on invertebrate species or plants on lands owned or managed by Missouri Department of Conservation must obtain a Wildlife Collectors Permit or Letter of Authorization for Plant Collecting and prohibits guiding for pay on department areas. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2160)

  • The Conservation Commission proposed to amend subsection (1)(J) of 3 CSR 10-11.125, Field Trials. This amendment corrects the name of the Wayne Helton Memorial Wildlife Area. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2160)

  • The Conservation Commission proposed to amend 3 CSR 10-11.180, Hunting, General Provisions and Seasons. The commission proposed to amend sections (4), (14), and (17), delete section (15), and renumber sections accordingly. This amendment removes Schnabel Woods as a Department of Conservation Area, establishes provisions for fall turkey and squirrel hunting on the fenced portion of Caney Mountain Conservation Area, and provides additional hunting opportunity for rabbits and squirrels on the James A. Reed Memorial Wildlife Area. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2160)

  • The Conservation Commission proposed to amend subsection (2)(H) of 3 CSR 10-11.200, Fishing, General Provisions, and Seasons. This amendment removes Chloe Lowry Marsh Natural Area from the list of department area lakes where fishing is prohibited. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2161)

  • The Conservation Commission proposed to amend 3 CSR 10-11.205, Fishing, Methods, and Hours. The commission proposed to amend sections (1), (3), and (8), add new sections (9) and (10), and renumber the sections accordingly. This amendment allows for the take of carp, buffalo, suckers, and gar at Nodaway County Community Lake by methods other than pole and line; removes some fishing restrictions at Coot Lake; permits the seining or trapping of live bait from lakes on ponds on the Ted Shanks Conservation Area; clarifies the regulations that permit seining and trapping of live bait on other department areas; and, closes department areas where several crayfish species of concern are found. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2162)

  • The Conservation Commission proposed to amend 3 CSR 10-11.210, Fishing, Daily and Possession Limits. The commission proposed to amend sections (5), (7) and (11). This amendment removes the special crappie regulation on Hazel Hill Lake; lowers the crappie daily limit to 15 at Robert G. DeLaney Lake; lowers the bluegill daily limit to 10 at General Watkins Conservation Area; and corrects an inconsistency. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2163)

  • The Conservation Commission proposed to amend sections (2), (6), and (8) of 3 CSR 10-11.215, Fishing, Length Limits. This amendment establishes a 15-inch minimum length limit on black bass on Apple Creek Conservation Area and Castor River Conservation Area; changes Union Ridge Lake from a 15-inch minimum length limit on black bass to 12 to 15 inches protected length range; establishes an 8-inch minimum length limit on bluegill at General Watkins Conservation Area; removes the 42-inch minimum length limit for muskellunge at Lake Girardeau and Henry Sever Lake; and establishes a 9-inch minimum length limit for crappie at Robert G. DeLaney Lake Conservation Area. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2163)

  • The Conservation Commission proposed to amend 3 CSR 10-12.109, Closed Hours. The commission proposed to amend subsection (1)(A) and add a new subsection (1)(Q). This amendment establishes closed hours at Jack Floyd Memorial Lake and Valley Water Mill Lake. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2164)

  • The Conservation Commission proposed to amend 3 CSR 10-12.110, Use of Boats and Motors. The commission proposed to add new subsections (2)(W) and (6)(D), amend subsection (6)(M), and reletter the remaining subsections. This rule establishes provisions for use of boats and motors at Valley Water Mill Lake, allows use of outboard motors larger than 10 horsepower under a slow, no-wake speed at Green City Lake, and corrects the name of Monroe City. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2165)

  • The Conservation Commission proposed to amend subsection (2)(E) of 3 CSR 10-12.145, Fishing, Length Limits. This amendment removes the special length limit at Lewis County Public Water Supply District #1 (Ewing Lake). Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2165)

  • The Conservation Commission proposed to amend 3 CSR 10-20.805, Definitions. The commission proposed to amend sections (24), (25), (26), and (58), add a new section (29), and renumber the sections accordingly. This amendment alphabetizes species as an editorial standard and adds the definition of invertebrates. Written comments are due 30 days after publication (October 17, 2005). See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n20/v30n20b.pdf (p. 2165)

NEBRASKA


Water:



NEW JERSEY


Air:



  • Control and Prohibition of Air Pollution from Oxides of Nitrogen, N.J.A.C. 7:27-19. The new rule and amendments will assist in the attainment of the ozone NAAQS; address the nitrogen oxide emission reduction shortfall identified by U.S. EPA; and achieve the Department's SIP for ozone commitment to U.S. EPA. The proposal of this new rule and amendments was published on September 20, 2004, at 36 N.J.R. 4228(a), and the Department accepted public comment up to and including November 19, 2004. Adopted September 8, 2005. Effective November 7, 2005. See http://www.nj.gov/dep/rules/adoptions/2005_1017njac7_27-19.pdf

OHIO


Hazardous & Solid Wastes:



  • Ohio EPA has finalized amendments to the Ohio Administrative Code rules 3745-300-01 (Definitions), 3745-300-05 (Certified Professionals), and 3745-300-13 (Content and Scope of No Further Action Letters). This rule addresses the Voluntary Action Program (VAP) regulations. These rules are being modified as a result of changes made to VAP rules in the latest five-year rule review. Effective April 19, 2006. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_25806_20050617_1019.pdf

OKLAHOMA


Hazardous & Solid Wastes:



  • The Department of Environmental Quality proposes to amend Appendix H, Procedure for Calculating Closure Cost Estimates for Financial Assurance, and Appendix I, Procedure for Calculating Post-closure Cost Estimates for Financial Assurance, of Title 252, Chapter 515, Management of Solid Waste. The solid waste rules, specifically OAC 252:515-27-4, require revision of closure and post-closure cost data in Appendices H and I every five years. The cost estimates included in Appendices H and I have been updated to reflect current cost estimates for financial assurance. Written comments are due November 17, 2005. A public hearing will be held on November 17, 2005. See http://www.oar.state.ok.us/oar/codedoc02.nsf/frmMain?OpenFrameSet&Frame=Main&Src=_75tnm2shfcdnm8pb4dthj0chedppmcbq8dtmmak31ctijujrgcln50ob7ckj42tbkdt374obdcli00_

OREGON:


Hazardous & Solid Wastes:



  • The Department of Environmental Quality proposed to amend its soil cleanup standards and to make technical corrections. The amendment updates rules to remove SOCLEAN numbers and correct the definition of acceptable risk level for populations of ecological receptors. A public hearing will be held November 15, 2005. Written comments are due November 21, 2005. See http://www.deq.state.or.us/news/publicnotices/uploaded/051018_5523_304-122.pdf

Water:



  • The Department of Environmental Quality proposes to revise the state's rules for water quality criteria for turbidity. A public hearing will be held November 29, 2005. Written comments are due December 7, 2005. See http://www.deq.state.or.us/news/eventdisplay.asp?eventID=862

  • The Department of Environmental Quality requests comments on Oregon's Draft 2004 Integrated Report on Water Quality Status and §303(d) List. The federal CWA requires the department to assess Oregon's water quality and prepare this report every two years. The 2004 Integrated Report combines the §305(b) assessment of all water bodies and the §303(d) list of water bodies that do not meet water quality standards and where TMDLs are needed. A public hearing will be held October 11, 2005. Written comments are due October 24, 2005. See http://www.deq.state.or.us/news/eventdisplay.asp?eventID=848

TENNESSEE


Air:




  • Public hearing before the Technical Secretary of the Tennessee Air Pollution Control Board to consider amendments to regulations. Information includes: Chapter 1200-3-3 (Ambient Air Quality Standards); Supplemental Material for Chapter 1200-3-3 (Part 1 and Part 2); Chapter 1200-3-14 (CAIR Annual SO2 Rule); Chapter 1200-3-26 (Administrative Fees Schedule); Chapter 1200-3-27-.10 (CAIR Annual NOx Rule); and Chapter 1200-3-27-.11 (CAIR Ozone Season NOx Rule). The public hearing will be November 18, 2005. See http://www.state.tn.us/environment/apc/apcppo/ph111805.php


UTAH


Land Use:



  • New Rule R657-56: Recreational Lease of Private Lands for Free Public Walk-in Access. This rule is being proposed pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input. The purpose of this rule is to provide the standards, procedures, and requirements necessary to administer a three-year walk-in access pilot program to compensate private landowners for a recreational lease of their property to allow free public walk-in access for fishing, hunting, and trapping. Written comments are due November 14, 2005. See http://www.rules.utah.gov/publicat/bulletin/2005/20051015/28263.htm

Water:



  • Proposed Rule R309-535:  Facility Design and Operation--Miscellaneous Treatment Methods. Changes will be made in this proposed rule in response to comments received during the initial public comment period. The changes allow non-transient, non-community water systems to not provide proof of signed customer access agreements and service contracts where the water systems own the facilities served potable water. Written comments are due November 14, 2005. See http://www.rules.utah.gov/publicat/bulletin/2005/20051015/27965.htm

VERMONT


Water:



  • The New York and Vermont Citizens Advisory Committees for Lake Champlain are hosting public input meetings in October and November to listen to citizen concerns about Lake Champlain issues. The meeting results will also help inform the Lake Champlain Basin Program about residents' concerns and provide a venue for updating the public about the state of Lake Champlain. Residents and visitors may also obtain information and materials about aquatic nuisance species, phosphorus, and other lake issues during the meetings. The meeting will be held October 24, 2005. See http://www.anr.state.vt.us/site/cfm/caleventmonthset-anrpub.cfm?MonthStart=2005-10-01&MonthEnd=2005-10-31

VIRGINIA


Water:



  • The Water Control Board will hold public meetings on November 16, 28, and 29, 2005, on the General VPDES Permit for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=6467

  • The Department of Environmental Quality will hold a meeting on November 21, 2005, on the development of a TMDL for fecal coliform bacteria in nine shellfish propagation waters located in Middlesex County, Virginia. The public notice will appear in the Virginia Register of Regulations on November 14, 2005. The comment period begins on November 21, 2005, and closes on December 21, 2005.  The meeting will be held November 21, 2005. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=6458

  • The Department of Environmental Quality will hold a second meeting on December 7, 2005, on the fecal coliform TMDL for seven shellfish propagation areas located in Accomack County. The public notice appears in the Virginia Register of Regulations on November 14, 2005. The public comment period begins on December 8, 2005 and closes on January 7, 2005. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=6484

WEST VIRGINIA


Water:



WISCONSIN


Air:



  • The Department of Natural Resources will hold public hearings on revisions to chs. NR 405, 408 and 484, Wis. Adm. Code, relating to incorporation of federal changes to the air permitting program, on November 16 and 18, 2005. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

Hazardous & Solid Wastes:



  • A continued public hearing in the matter of the abatement action on the motion of the Department of Natural Resources to remove alleged illegal scrap tires and fill on the bed of White Lake, town of Royalton, Waupaca County, will be held on December 5, 2005. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

Water:



  • The Department of Natural Resources will hold a public hearing on November 22, 2005, on the creation of ch. NR 192, Wis. Adm. Code, relating to lake monitoring contracts and the citizen lake monitoring network. The proposed rule implements §.281.68(2)(b), Stats., that allows the Department to award contracts from the lake protection grant appropriation, §.20.370(6)(ar), Stats., for the creation and support of a statewide lake monitoring network to collect information about the environmental health of the state's lakes. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

Wildlife:



  • The Department of Natural Resources will hold public hearings on December 5, 6, 7, and 8, 2005, to revise chs. NR 10 and 45, Wis. Adm. Code, relating to small game and expanded spring turkey hunting in state parks. The proposed rule removes sunset dates from ch. NR 10, which will allow the hunting of small game, upland game birds, and migratory game birds to continue at Mill Bluff and Mirror Lake state parks. The proposed rule also discontinues the hunting of small game, upland, and migratory game birds at Newport and Governor Dodge state parks. The proposed rule also creates three new state park turkey management zones in Willow River, Interstate, and Newport state parks. These parks will be included in the Department's annual turkey management permit issuance system. An additional special permit to hunt turkey in these parks will no longer be required. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

  • The Department of Natural Resources will hold a public hearing on November 17, 2005, on revisions to §NR 20.20, Wis. Adm. Code, relating to hook and line walleye, sauger, and hybrids fishing in Sherman Lake, Vilas County, and Bass (Patterson) Lake, Washburn County. The proposed rule eliminates the daily bag limits and size limits for walleye, sauger, and hybrids on these two lakes. In addition, there will be no closed season for walleye, sauger, and hybrids on these two lakes resulting in greater harvest opportunity for anglers. This proposed rule is part of a walleye research project being conducted by the department to investigate the long-term effects of high harvest on walleye populations in northern Wisconsin. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

WYOMING


Land Use:



  • The Land Quality Division (LQD) is proposing to revise the Coal and Noncoal Rules in Rule Package 1-U. Rule Package 1-U includes proposed changes to Chapters 1 and 11 of the Coal Rules and Chapter 6 of the Noncoal Rules. The LQD is proposing the changes to Chapters 1 and 11 of the Coal Rules to clarify how foreign parent corporations may guarantee self-bonds and in certain cases raise the limit on self-bonds provided companies demonstrate a higher level of financial security. The LQD is also proposing changes to Chapter 6 of the Noncoal Rules by allowing the use of alternative rating organizations and allowing foreign parent corporations to be a guarantor for self-bonds of the operator. The LQD revisions are designed to increase the flexibility of the self-bonding program and at the same time not increase the risk to the state. A public hearing will be held November 17, 2005. Written comments are due November 10, 2005. See http://deq.state.wy.us/lqd/downloads/1U/1U%20Display%20Ad%20(final).pdf

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


INTERNATIONAL

AMAZON DEFORESTATION UNDERESTIMATED



  • Deforestation in the Brazilian Amazon may have been underestimated by at least 60%, according to recent research by Brazilian and U.S. scientists. The team used satellite images to detect logging activity, such as selective logging, that is undetectable in the aerial photos traditionally used to measure deforestation. Brazil's government praised the scientists' interests, but called the estimates exaggerated. See http://news.bbc.co.uk/1/hi/world/americas/4362760.stm

ITALY, SPAIN, AND GREECE WARNED TO IMPLEMENT EUROPEAN UNION (EU) ENVIRONMENTAL LAW



  • The EU Commission sent final warnings to Greece, Italy, and Spain for being over one year late in providing information on management of river basin districts. The Commission's next step will be to take the matter to the European Court of Justice. The Commission is also prosecuting Italy in 11 environmental law cases for its failure to submit environmental information such as air pollution and waste management assessments. See http://www.alertnet.org/thenews/newsdesk/L1836523.htm

RESEARCHERS URGE FISHING BAN FOR THREATENED DEEP-SEA SPECIES



  • The Denmark-based International Council for the Exploration of the Sea (ICES), a marine research group, urged a halt in fishing for several threatened deep-sea species, including the orange roughy, the roundnose grenadier, and the Portuguese dogfish. The group said its evidence indicates that fishing pressure is too high on certain stocks and that cuts in fishing quotas would allow stocks to rebound enough to sustain regular fishing pressure. The EU head office said it was studying ICES' recommendations and the European Commission is planning more stringent fisheries conservation measures, including possible fishing bans. See http://www.enn.com/today.html?id=9057

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


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