Jump to Content

Weekly Update Volume 35, Issue 31

11/07/2005

LITIGATION

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


CAA, OPERATING PERMITS:

The Second Circuit upheld in part and vacated in part EPA's decision not to object to operating permits issued to coal-fired power generation plants in New York. The New York environmental agency's prior determinations that the plants were in violation of the CAA provided sufficient demonstration of noncompliance to trigger EPA's obligation to object to the plants' operating permits under the Title V permit review process. And because the state's issuance of the notices of violations manifested a prior finding of noncompliance, EPA should not have issued an operating permit without a compliance schedule. As for the plants' deviations from the permits, EPA acted reasonably, under the CAA's prompt reporting requirement, in approving the permits' quarterly reporting of deviations for nitrogen oxide and sulfur dioxide emissions. But the Agency's interpretation that "prompt" means "quarterly" for opacity violations and "every six months" for all other emission deviations was unreasonable. And a consent decree between the plants and the state agency did not render moot EPA's errors in the permit approval process. New York Public Interest Group v. Johnson, Nos. 03-40846(L), -40848(CON), 35 ELR 20224 (2d Cir. Oct. 24, 2005) (23 pp.).


CWA, NEGLIGENT DISCHARGE:

The Tenth Circuit reversed the acquittal of an individual who was convicted for negligently discharging pollutants into the Colorado River in violation of the CWA. The lower court ruled as a matter of law that an individual is not guilty of negligently discharging a pollutant unless he knows that the pollutant's path terminates in protected water. This conclusion is at odds with the plain language of the CWA, which criminalizes any act of ordinary negligence that leads to the discharge of a pollutant into navigable waters of the United States. United States v. Ortiz, No. 04-1228, 35 ELR 20220 (10th Cir. Nov. 2, 2005) (13 pp.).


ATTORNEYS FEES, EQUAL ACCESS TO JUSTICE ACT (EAJA):

The Seventh Circuit upheld the denial of a company's request for attorneys fees stemming from an unsuccessful EPA action against it for discharging dredge and fill material into wetlands without a permit. An administrative law judge initially held that the company violated the CWA, but the EPA Environmental Appeals Board (EAB) reversed, holding that the Agency failed to prove its case by a preponderance of evidence. The company then sought attorneys fees under the EAJA. The EAJA, however, does not allow a defendant who prevails in an action brought by a federal agency to recover its legal fees and expenses where the agency's position was substantially justified. Here, EPA had a reasonable basis for pursuing its claim. In the underlying case, EPA presented testimony and evidence to show a hydrological connection between the wetlands and waters at issue, but the EAB found that the testimony and evidence were not sufficient to meet the EPA's burden of persuasion. Although the EAB held that EPA failed to prove its case, it did not rule out that there was, in fact, a hydrological connection. Thus, EPA had a reasonable basis for pursuing its hydrological connection theory, even though the EAB did not ultimately find in the Agency's favor. Bricks, Inc. v. United States Environmental Protection Agency, No. 05-1125, 35 ELR 20218 (7th Cir. Oct. 21, 2005) (14 pp.).


NEPA, NATIONAL HISTORIC PRESERVATION ACT (NHPA):

The Eleventh Circuit held that the FAA fulfilled its obligations under NEPA and the NHPA in approving revisions to a municipal airport's layout plan. In preparing its EA for the project, the FAA properly restricted its cumulative impact analysis to foreseeable future actions. It also provided sufficient oversight over the contractor that prepared the EA. Likewise, the FAA properly involved consulting parties and considered the project's effects on historic properties pursuant to the NHPA. City of Oxford v. Federal Aviation Administration, No. 04-13934, 35 ELR 20219 (11th Cir. Oct. 31, 2005) (25 pp.).


CONSTITUTIONAL LAW, DUE PROCESS, AVIAN INFLUENZA:

The Third Circuit held that the Pennsylvania Department of Agriculture's actions in response to an outbreak of avian influenza did not deprive a poultry farmer of his property in violation of the Fourteenth Amendment. The case arose after three flocks of the farmer's chickens were suspected of having avian flu. In two cases the birds were placed under quarantine and then destroyed, under the supervision of the state, even though the birds turned out not to be infected. In a third case, the state found no evidence of infection, but due to concerns of an outbreak, a trade association offered to purchase and "depopulate" the birds. In each instance, the farmer was given the statutorily defined level of compensation. The farmer then filed the instant action, claiming that his due process rights were violated. Due process, however, does not require predeprivation notice and hearing where, as here, there is an adequate scheme to compensate the property owner for the deprivation. He also argued that the trade association acted under the color of law, but the trade association never acted under the state's authority, and the farmer consented to the quarantine and depopulation of the birds. Reichley v. Pennsylvania Department of Agriculture, No. 04-3253, 35 ELR 20221 (3d Cir. Nov. 2, 2005) (27 pp.).


WETLANDS, STANDING:

A district court held that a construction company and an individual lacked standing to challenge a U.S. Army Corps of Engineers permit allowing a developer to fill waters of the United States in connection with the construction of a mixed-use redevelopment project within the New Jersey Meadowlands in East Rutherford, New Jersey. The company's business-related injuries are entirely conjectural, and the individual's alleged injuries--frustration and loss of time due to increased traffic--are nothing more than generalized, amorphous grievances shared by the public at large. In addition, they failed to demonstrate a causal connection between their alleged injuries and the challenged conduct. The traffic impacts are a result of the nature and scope of the overall redevelopment project, as well as land use and transportation measures, as proposed and ultimately authorized by the state in conjunction with other state agencies. As their allegations are pleaded, even if the project were constructed on portions that did not contain wetlands, thus obviating the need for a fill permit, the company and individual would still incur the same injuries. Hartz Mountain Industries, Inc. v. Polo, No. Civ.A. 05-2530(JAP), 35 ELR 20223 (D.N.J. Oct. 26, 2005) (Pisano, J.) (13 pp.).


CAA, ASBESTOS NESHAP:

The EPA Environmental Appeals Board upheld an administrative law judge's (ALJ's) $51,700 penalty assessment against a company for violating the asbestos NESHAP at its asbestos manufacturing facility. Contrary to the company's arguments, the asbestos NESHAP does not require verification via laboratory analysis that visible emissions from asbestos manufacturing operations contain asbestos fibers. Rather, the language of the regulations presumes that visible emissions are problematic. The ALJ also properly denied the company's motion to set aside a default order for failing to timely exchange prehearing information. In re JHNY, Inc., CAA Appeal No. 04-09, 35 ELR 41295 (EPA EAB Sept. 30, 2005) (click here for the opinion) (42 pp.).


CAA, ASBESTOS NESHAP:

The EPA Environmental Appeals Board upheld an administrative law judge's (ALJ's) $45,040 penalty assessment against a company for violating the asbestos NESHAP during the removal of asbestos-containing roofing shingles from a church. EPA met its evidentiary burden of proof in demonstrating that the company was responsible for stripping the shingles from the church roof and that the materials analyzed by a laboratory and found to contain asbestos were the same materials collected from the job site. The record also supports the ALJ's penalty determination, and the ALJ need not have recused himself from the case because he and an expert witness previously participated in a mock trial presentation together. In re Chippewa Hazardous Waste Remediation & Energy, Inc., CAA Appeal No. 04-02, 35 ELR 41296 (EPA EAB Sept. 30, 2005) (click here for the opinion) (37 pp.).


CERCLA, "FACILITY":

The EPA Environmental Appeals Board held that the owner of a hazardous waste site is not entitled to any response costs it incurred cleaning up thorium contamination under a sidewalk adjacent to its property pursuant to an EPA cleanup order. The relevant facility at issue in this case is demarcated by where the contamination has come to be located, which includes both the owner's property and the adjacent off-site sidewalk area. Nothing in the statute or case law supports the owner's contention that the facility must be defined by or be coextensive with an owner's property lines. In re Grand Pier Center, LLC, CERCLA §106(b) Petition No. 04-01, 35 ELR 41297 (EPA EAB Oct. 28, 2005) (click here for the opinion) (35 pp.).


RCRA, PENALTY ASSESSMENT:

An administrative law judge issued an initial decision that a company violated RCRA and upheld the penalty agreed by the parties, pending further appeal. The complaints, filed by two EPA regions, concerned the company's shipments of regulated waste products to an unauthorized facility without proper transport or documentation and without notifying the recipient of the status of the waste. The parties agreed to the record of the case but the company disputes its liability, which will be determined on appeal. In re Howmet Corp., RCRA Nos. 02-2004-7102, 06-2003-0912, 35 ELR 47860 (EPA ALJ Sept. 30, 2005) (click here for the opinion) (3 pp.).


RCRA, MOTIONS TO AMEND:

An administrative law judge granted EPA's motion to amend its complaint and prehearing exchange documents in a case alleging that the respondent company owns and operates a facility at which hazardous waste was stored without a permit in violation of RCRA. The respondent did not object to EPA's motion to amend the prehearing exchange documents so that it could submit a signature and date that were inadvertently omitted in the original documents. Further, there is no indication of dilatory motive or bad faith on the part of EPA for adding two additional parties to its complaint. And additional claims EPA seeks to add to its complaint are related to the facts alleged in Count 1, so efficiency and judicial economy would be better served by allowing the complaint to be amended rather than by EPA filing a second complaint. But because the respondent would likely suffer undue prejudice from having to defend against the new allegations and prepare for a hearing that is only six weeks away, the hearing date was postponed. In re Zaclon, Inc., RCRA No. 05-2004-0019, 35 ELR 47861 (EPA ALJ Oct. 7, 2005) (click here for the opinion) (8 pp.).


CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), ENVIRONMENTAL IMPACT REPORT (EIR):

A California appellate court held that a city's approval of an EIR for a proposed industrial/business park violated CEQA. Although no other defects were found, the EIR did not adequately discuss the adequacy of water supplies for the project. Certain water entitlements relied upon by the city were "paper" water rather than actual deliverable water. On remand, the trial court must issue a writ of mandate vacating the certification until a corrected EIR is submitted and approved. California Oak Foundation v. City of Santa Clarita, No. B175580, 35 ELR 20222 (Cal. App. 2d Dist. Nov. 2, 2005) (49 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 amended the NESHAPs for primary aluminum reduction plants. 70 FR 66280 (11/2/05).

  • EPA proposed to reconsider certain aspects of the Agency's final rule on hazardous air pollutant emissions from electric utility steam generating units that was published on March 29, 2005 (70 FR 15994). 70 FR 62199 (10/28/05).

  • EPA proposed to reconsider specific aspects of the Agency's standards of performance for new and existing electric steam generating units that was published on May 18, 2005 (70 FR 28606). 70 FR 62213 (10/28/05).

  • EPA proposed requirements that states and Tribes must meet in their implementation plans for the attainment of the fine particulate matter NAAQS. 70 FR 65983 (11/1/05).

  • EPA proposed amendments to the NESHAPs for industrial, commercial, and institutional boilers and process heaters that were published on September 13, 2004. 70 FR 62264 (10/31/05).

  • EPA proposed to take no further action at this time to revise the NESHAP for industrial process cooling towers. 70 FR 61411 (10/24/05).

  • EPA proposed to take no further action at this time to revise the NESHAP for magnetic tape manufacturing operations. 70 FR 61417 (10/24/05).

  • EPA proposed to take no further action at this time to revise the ethylene oxide emission standards for sterilization facilities. 70 FR 61404 (10/24/05).

  • EPA announced the availability of applicability determinations, alternative monitoring decisions, and regulatory interpretations that the Agency has made under the NESHAPs, the new source performance standards, and the Stratospheric Ozone Protection Program. 70 FR 62304 (10/31/05).

  • EPA proposed an exemption to the phaseout of methyl bromide production and importation for 2006 critical uses. 70 FR 62029 (10/27/05).

  • EPA proposed to determine that two compounds, HCFC-22 and HCFC-142b, are unacceptable for use in the foam sector as alternatives to Class I and Class II ozone-depleting substances. 70 FR 67120 (11/4/05).

  • EPA announced the availability of information concerning the current and projected use of HCFC-22 and HCFC-142b, substances known to deplete stratospheric ozone and scheduled to be phased out. 70 FR 67172 (11/4/05).

  • EPA entered into a proposed administrative settlement under the CAA that requires the Agency to initiate rulemaking to amend the NESHAP for miscellaneous organic chemical manufacturing. 70 FR 61814 (10/26/05).

  • EPA delegated authority to the Kentucky Department for Environmental Protection to implement and enforce existing new source performance standards and approved the mechanism for delegation of future standards. 70 FR 66794 (11/3/05).

  • SIP Approvals: California (volatile organic compounds; Ventura County area), 70 FR 61561 (10/25/05). Colorado (particulate matter; Lamar area), 70 FR 61563 (10/25/05). Connecticut (volatile organic compounds), 70 FR 61384 (10/24/05). Delaware (ozone and fine particulate matter), 70 FR 65847 (11/1/05). Maine (volatile organic compounds), 70 FR 61382 (10/24/05). Maryland (nitrogen oxides), 70 FR 66263 (11/2/05). North Carolina (visible emissions), 70 FR 61556 (10/25/05). Pennsylvania (volatile organic compounds and nitrogen oxides), 70 FR 66261 (11/2/05); (volatile organic compounds and nitrogen oxides), 70 FR 65842 (11/1/05); (volatile organic compounds), 70 FR 65845 (11/1/05). Tennessee (one-hour ozone NAAQS; Nashville area), 70 FR 65838 (11/1/05). Utah (carbon monoxide; Provo area), 70 FR 66264 (11/2/05). Virginia (eight-hour ozone NAAQS; Shenandoah National Park area), 70 FR 67109 (11/4/05); (document availability), 70 FR 66769 (11/3/05).

  • SIP Proposals: California (volatile organic compounds; Ventura County area; see above for direct final rule), 70 FR 61590 (10/25/05). Connecticut (volatile organic compounds; see above for direct final rule), 70 FR 61403 (10/24/05). Maine (volatile organic compounds; see above for direct final rule), 70 FR 61402 (10/24/05). Pennsylvania (volatile organic compounds and nitrogen oxides), 70 FR 61750 (10/26/05). Tennessee (one-hour ozone NAAQS; Nashville area; see above for direct final rule), 70 FR 65873 (11/1/05). Utah (carbon monoxide; Provo area; see above for direct final rule), 70 FR 66315 (11/2/05). Virginia (eight-hour ozone NAAQS; Fredericksburg area), 70 FR 66316 (11/2/05).

HAZARDOUS WASTES:



  • EPA established federal standards and practices for conducting inquiries into the previous ownership and uses of a property for the purpose of qualifying for certain landowner liability protections under CERCLA. 70 FR 66069 (11/1/05).

  • EPA announced the availability of a memorandum authorizing Brownfields Revolving Loan Fund grantees to provide discounted loans in certain situations. 70 FR 62108 (10/28/05).

  • EPA entered into a proposed administrative settlement under CERCLA for cost recovery at the College Grove Battery Chip Superfund site in College Grove, Tennessee. 70 FR 61974 (10/27/05).

  • EPA entered into a proposed administrative settlement under CERCLA for cost recovery at the Starmet CMI Superfund site in Barnwell, South Carolina. 70 FR 61974 (10/27/05).

  • EPA entered into a proposed prospective purchaser agreement that requires the respondent to pay $12,500 and to perform approximately $100,000 of work at the Liberty Industrial Finishing Superfund site in Oyster Bay, New York. 70 FR 62312 (10/31/05).

  • EPA entered into a proposed administrative settlement that requires the settling parties to pay $278,273 in past response costs incurred at the RSR Corporation Superfund site in Dallas, Texas. 70 FR 62312 (10/31/05).

  • EPA granted an exemption to the land disposal restrictions for two Class I injection wells in Channelview, Texas. 70 FR 67166 (11/4/05).

MINING:



  • OSM, EPA, FWS, and the U.S. Army Corps of Engineers announced the availability of the final programmatic EIS that considers developing policies, guidance, and coordinated agency decisionmaking processes to minimize the adverse environmental effects of mountaintop mining operations and their associated valley fill spoil-disposal sites in Kentucky, Tennessee, Virginia, and West Virginia. 70 FR 62102 (10/28/05).

PESTICIDES:



  • EPA announced the availability of the Agency's risk assessments and related documents for the phenoxy herbicide MCPB. 70 FR 66384 (11/2/05).

  • EPA announced the availability of a document that describes how the Agency's Office of Pesticide Programs intends to implement its Endangered Species Protection Program. 70 FR 66392 (11/2/05).

PUBLIC LAND:



  • BLM announced the availability of a draft resource management plan and EIS for public land and resources in the Upper Missouri River Breaks National Monument, Montana. 70 FR 62137 (10/28/05).

  • BLM announced the availability of a draft resource management plan and draft EIS for the Kasha-Katuwe Tent Rocks National Monument in New Mexico. 70 FR 67189 (11/4/05).

  • The Bureau of Reclamation announced the availability of the final EIS and visitor services plan for Lake Berryessa in Napa County, California. 70 FR 67191 (11/4/05).

  • FWS announced the availability of a final comprehensive conservation plan for the Lake Ophelia National Wildlife Refuge in Avoyelles Parish, Louisiana. 70 FR 66844 (11/3/05).

  • FWS announced the availability of a draft comprehensive conservation plan and EA for the St. Catherine Creek National Wildlife Refuge in Mississippi. 70 FR 66845 (11/3/05).

  • FWS announced the availability of the draft programmatic EA for the Massachusetts Housatonic River Watershed Restoration Program. 70 FR 65932 (11/1/05).

  • FWS announced the availability of the final comprehensive conservation plan and EIS for the Roanoke River National Wildlife Refuge in Bertie County, North Carolina. 70 FR 62322 (10/31/05).

  • The Forest Service announced the availability of a final EIS for the German Ridge vegetation restoration project in Hoosier National Forest, Perry County, Indiana. 70 FR 65880 (11/1/05).

  • The National Park Service announced the availability of the final EIS for the Colorado River Management Plan for Grand Canyon National Park in Arizona. 70 FR 62324 (10/31/05).

  • The National Park Service announced the availability of the record of decision for the general management plan and final EIS for Colorado National Monument in Colorado. 70 FR 66847 (11/3/05).

RULEMAKING:



  • EPA announced the availability of the Agency's semiannual regulatory agenda that updates the public about regulations and major policies currently under development, about reviews of existing regulations and major policies, and about rule and major policymakings completed or canceled since the last agenda. 70 FR 65206 (10/31/05).

  • DOI announced the availability of the Department's semiannual agenda of rules scheduled for review or development between fall 2005 and spring 2006. 70 FR 64774 (10/31/05).

TOXIC SUBSTANCES:



  • EPA announced the availability of the TSCA Interagency Testing Committee's 56th report, which revises the TSCA §4(e) Priority Testing List. 70 FR 61519 (10/24/05).

  • The Agency for Toxic Substances and Disease Registry announced the availability of the 19th set of toxicological profiles for priority hazardous substances. 70 FR 61622 (10/25/05).

WATER:



  • The U.S. Coast Guard proposed to revise its pollution prevention equipment regulations to reduce the amount of oil discharged from vessels and eliminate the use of ozone-depleting solvents in equipment tests. 70 FR 67065 (11/3/05).

  • EPA announced its intent to approve revisions to Indiana's public water system supervision program. 70 FR 65899 (11/1/05).

  • EPA announced the availability of correspondence and the Agency's responses to inquiries regarding the concentrated animal feeding operations regulations. 70 FR 62275 (10/31/05).

WILDLIFE:



  • FWS listed the Gila chub as endangered and designated approximately 160.3 river miles of critical habitat for this species in Arizona and New Mexico. 70 FR 66663 (11/2/05).

  • FWS proposed to designate approximately 737,912 acres of critical habitat for the California red-legged frog in 23 California counties and announced the availability of the draft economic analysis for the proposed action. 70 FR 66905 (11/3/05).

  • FWS proposed to designate 3,089 acres of critical habitat for the Fender's blue butterfly, 724 acres of critical habitat for the flowering herb Kincaid's lupine, and 718 acres of critical habitat for the Willamette daisy in eight counties in Oregon and Washington. 70 FR 66491 (11/2/05).

  • FWS announced that it is suspending import of and foreign commerce in beluga sturgeon caviar and meat originating in the Black Sea littoral states of Bulgaria, Georgia, Romania, the Russian Federation, Serbia and Montenegro, Turkey, and Ukraine effective immediately. 70 FR 62135 (10/28/05).

  • FWS announced the availability of the draft recovery plan for the short-tailed albatross. 70 FR 61988 (10/27/05).

  • FWS announced a 90-day finding for two petitions to remove the gray wolf or a distinct population segment of this species from the list of endangered species and announced the initiation of a status review to determine if delisting the species is warranted. 70 FR 61770 (10/26/05).

  • FWS announced the availability of a draft economic analysis for the proposed designation of critical habitat for the distinct population segment of the California tiger salamander in Sonoma County, California. 70 FR 61591 (10/25/05).

  • NOAA Fisheries proposed to designate two additional areas totaling approximately 36,750 square miles as critical habitat for the northern right whale in the North Pacific Ocean. 70 FR 66332 (11/2/05).

  • NOAA Fisheries issued a temporary rule allowing shrimp fishermen to continue to use limited tow times as an alternative to turtle excluder devices in inshore and offshore waters in certain regions of the Gulf of Mexico affected by Hurricanes Katrina and Rita. 70 FR 61911 (10/27/05).

DOJ NOTICES OF SETTLEMENT:



  • United States v. ARCO Terminal Services Corp., No. 05-07358 (C.D. Cal. Oct. 12, 2005). A settling CAA defendant must employ its existing control technology on all loading events subject to the requirements of Rule 1142 and must pay a civil penalty of $225,000 to settle claims relating to the failure to use required equipment to control emissions. 70 FR 61842 (10/26/05).

  • United States v. Hawaii Department of Transportation, No. 05-00636 (D. Haw. Oct. 6, 2005). A settling CWA defendant must pay civil penalties and must undertake two supplemental environmental projects. 70 FR 61842 (10/26/05).

  • United States v. Kerr-McGee Corp., No. 04-CV-00032 (D. Or. Oct. 14, 2005). Settling CERCLA defendants must implement remedial actions at the White King/Lucky Lass Superfund site in Lakeview County, Oregon, must pay approximately $3 million in past response costs, must pay a civil penalty of $ 50,000, must perform a supplemental environmental project, must grant a covenant not to sue for all claims against the United States, and must dismiss a citizen suit under CERCLA §310; in return, the United States must pay the defendants $2 million in contribution claims and must provide a covenant not to sue and contribution protection. 70 FR 61842 (10/26/05).

  • United States v. BP AMOCO Chemical Co., No. 4:05-cv-03547 (S.D. Tex. October 17, 2005). Settling CERCLA defendants must pay $347,000 in past and future assessment and restoration costs and must undertake three specific environmental projects to resolve claims relating to the release of hazardous substances from the Brio Refining, Inc. Superfund site and the Dixie Oil Processors Superfund site in Harris County, Texas. 70 FR 66462 (11/2/05).

  • United States v. Chemical Waste Management, Inc., No. 05-CV-02053 ZLW-MJW (D. Colo. Oct. 18, 2005). A settling CERCLA defendant must pay $1,025,442 in past response costs incurred at the Weld County Waste Disposal site in Weld County, Colorado. 70 FR 66463 (11/2/05).

  • United States v. Kentucky Utilities Co., No. 5:05-cv-418 (E.D. Ky. Oct. 13, 2005). A settling CWA defendant must pay a civil penalty of $228,569 and must install two additional oil-water separators at a total cost of approximately $1,150,000 at the E.W. Brown Generating Station in Burgin, Kentucky, to resolve claims relating to the discharge of oil from the station. 70 FR 66463 (11/2/05).

  • United States v. Lockheed Martin Corp., Nos. CV05-7519 GPS (AJWx) et al. (C.D. Cal. Oct. 26, 2005). Settling CERCLA defendants must pay a total of $14,328,388 in past U.S. response costs, must pay $292,105 in past response costs incurred by the state of California, and must pay 88% of the future oversight costs at the Baldwin Park Operable Unit of the San Gabriel Valley Superfund sites in Los Angeles County, California. 70 FR 66464 (11/2/05).

  • United States v. Lucite International, Inc., No. 05-2773 Ma V (W.D. Tenn. Oct. 17, 2005). A settling CAA defendant must pay a civil penalty of $1.8 million, must implement a supplemental environmental project valued at $1.3 million, and must install appropriate controls at a cost of approximately $16 million to settle claims relating to emissions violations at the defendant's methyl methacrylate and acrylic sheeting facility in Memphis, Tennessee. 70 FR 66465 (11/2/05).

  • United States v. Oakley-Keesee Ford, Nos. 3:98CV00362 (SMR) et al. (E.D. Ark. Oct. 17, 2005). A settling CERCLA defendant must pay a total of $560,000 in penalties and response costs incurred at the Gurley Pit and South 8th Street Superfund sites in Crittenden County, Arkansas. 70 FR 66465 (11/2/05).

  • United States v. Seven-Up/RC Bottling Co. of Southern California, Inc., No. CV-05-7514 AHM (CTx) (D.D.C. Oct. 19, 2005). A settling CWA defendant must pay a civil penalty of $428,500 and implement new treatment, monitoring, and response programs to resolve claims relating to unauthorized discharges of pollutants from the defendant's soft drink bottling facilities in Vernon and Buena Park, California. 70 FR 66465 (11/2/05).

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


THE CONGRESS

PUBLIC LAWS:



  • S. 55 (national parks), which adjusts the boundary of Rocky Mountain National Park in the state of Colorado, was signed into law by President Bush on October 26, 2005. Pub. L. No. 109-93, 151 Cong. Rec. D1075 (daily ed. Oct. 27, 2005).

  • S. 156 (wilderness designation), which designates the Ojito Wilderness Study Area as wilderness to take certain land into trust for the Pueblo of Zia, was signed into law by President Bush on October 26, 2005. Pub. L. No. 109-94, 151 Cong. Rec. D1075 (daily ed. Oct. 27, 2005).

COMMITTEE ACTION:



  • S. 166 (river conservancy) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-164, 151 Cong. Rec. S12005 (daily ed. Oct. 27, 2005). The bill would amend the Oregon Resource Conservation Act of 1996 to reauthorize the participation of the Bureau of Reclamation in the Deschutes River Conservancy.

  • S. 251 (water resource study) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-165, 151 Cong. Rec. S12005 (daily ed. Oct. 27, 2005). The bill would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a water resource feasibility study for the Little Butte/Bear Creek Sub-basins in Oregon.

  • S. 485 (National Geological Mapping Act) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-161, 151 Cong. Rec. S12005 (daily ed. Oct. 27, 2005). The bill would reauthorize and amend the National Geologic Mapping Act of 1992.

  • S. 592 (Missouri River Basin Project) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-167, 151 Cong. Rec. S12005 (daily ed. Oct. 27, 2005). The bill would extend the contract for the Glendo Unit of the Missouri River Basin Project in the state of Wyoming.

  • S. 761 (national conservation areas) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-162, 151 Cong. Rec. S12005 (daily ed. Oct. 27, 2005). The bill would rename the Snake River Birds of Prey National Conservation Area in the state of Idaho as the Morley Nelson Snake River Birds of Prey National Conservation Area in honor of the late Morley Nelson, an international authority on birds of prey who was instrumental in the establishment of this National Conservation Area.

  • S. 777 (national recreation area) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-171, 151 Cong. Rec. S12006 (daily ed. Oct. 27, 2005). The bill would designate Catoctin Mountain Park in the state of Maryland as the "Catoctin Mountain National Recreation Area."

  • S. 819 (Pactola Dam and Reservoir) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-168, 151 Cong. Rec. S12005 (daily ed. Oct. 27, 2005). The bill 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.

  • S. 891 (water service contract) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-169, 151 Cong. Rec. S12006 (daily ed. Oct. 27, 2005). The bill would extend the water service contract for the Ainsworth Unit, Sandhills Division, Pick-Sloan Missouri Basin Program, Nebraska.

  • S. 1170 (national cave conservation area) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-163, 151 Cong. Rec. S12005 (daily ed. Oct. 27, 2005). The bill would establish the Fort Stanton-Snowy River National Cave Conservation Area.

  • S. 1338 (Alaska groundwater resource) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-170, 151 Cong. Rec. S12006 (daily ed. Oct. 27, 2005). The bill would require the Secretary of the Interior, acting through the Bureau of Reclamation and the U.S. Geological Survey, to conduct a study on groundwater resources in the state of Alaska, and for other purposes.

  • S. 1409 (SDWA) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-159, 151 Cong. Rec. S11768 (daily ed. Oct. 25, 2005). The bill would amend the SDWA to modify the grant program to improve sanitation in rural and Native villages in the state of Alaska.

  • H.R. 1101 (public land order revocation) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-172, 151 Cong. Rec. S12006 (daily ed. Oct. 27, 2005). The bill would revoke a public land order with respect to certain lands erroneously included in the Cibola National Wildlife Refuge, California.

BILLS INTRODUCED:



  • S. 1908 (Smith, R-Or.) (nanotechnology) would authorize the Under Secretary of Technology of the Department of Commerce to award grants to establish up to eight Nanoscience to Commercialization Institutes throughout the United States to develop commercial applications for nanotechnology. 151 Cong. Rec. S11744 (daily ed. Oct. 21, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1913 (Lugar, R-Ind.) (Indiana Dunes National Lakeshore) would authorize the Secretary of the Interior to lease a portion of the Dorothy Buell Memorial Visitor Center for use as a visitor center for the Indiana Dunes National Lakeshore. 151 Cong. Rec. S11823 (daily ed. Oct. 25, 2005). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1915 (Ensign, R-Nev.) (Horse Protection Act) would amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption. 151 Cong. Rec. S11823 (daily ed. Oct. 25, 2005). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1920 (Obama, D-Ill.) (CAA) would amend the CAA to establish a renewable diesel standard. 151 Cong. Rec. S11823 (daily ed. Oct. 25, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 1926 (Inhofe, R-Okla.) (animal enterprise terror) would provide the DOJ the necessary authority to apprehend, prosecute, and convict individuals committing animal enterprise terror. 151 Cong. Rec. S12006 (daily ed. Oct. 27. 2005). The bill was referred to the Committee on the Judiciary.

  • S. 1933 (Martinez, R-Fla.) (Gulf Islands National Seashore) would provide for the inclusion of Department of Defense property on Santa Rosa and Okaloosa Island, Florida, in the Gulf Islands National Seashore if the property is ever excess to the needs of the U.S. Armed Forces. 151 Cong. Rec. S12006 (daily ed. Oct. 27. 2005). The bill was referred to the Committee on Armed Services.

  • S. 1938 (Snowe, R-Me.) (anchorage area) would redesignate the project for navigation, Saco River, Maine as an anchorage area. 151 Cong. Rec. S12055 (daily ed. Oct. 28, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 1941 (Hatch, R-Utah) (national forests) would direct the Secretary of Agriculture to convey certain real property in the Dixie National Forest in the state of Utah. 151 Cong. Rec. S12076 (daily ed. Oct. 31, 2005). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 4091 (Pombo, R-Cal.) (national forests) would permit certain projects and activities to resume on National Forest System lands by ratifying 36 C.F.R. pt. 215 relating to notice, comment, and appeal procedures for such projects and activities. 151 Cong. Rec. H9042 (daily ed. Oct. 20, 2005). The bill was referred to the Committee on Agriculture.

  • H.R. 4105 (Butterfield, D-N.C.) (Wild and Scenic Rivers Act) would amend the Wild and Scenic Rivers Act to designate the Perquimans River and its tributaries in Perquimans County, North Carolina, for study for potential addition to the National Wild and Scenic Rivers System. 151 Cong. Rec. H9043 (daily ed. Oct. 20, 2005). The bill was referred to the Committee on Resources.

  • H.R. 4111 (Fortuño, R-P.R.) (national forests) would redesignate the Caribbean National Forest in the commonwealth of Puerto Rico as the El Yunque National Forest. 151 Cong. Rec. H9043 (daily ed. Oct. 20, 2005). The bill was referred to the Committee on Resources.

  • H.R. 4126 (Gilchrest, R-Md.) (Federal Water Pollution Control Act (FWPCA)) would amend the FWPCA to improve and reauthorize the Chesapeake Bay program. 151 Cong. Rec. H9102 (daily ed. Oct. 25, 2005). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 4130 (Andrews, D-N.J.) (sludge) would require information on the contents of sludge to be provided to purchasers of the sludge and the public. 151 Cong. Rec. H9102 (daily ed. Oct. 25, 2005). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 4136 (Hooley, D-Or.) (Alaskan crude oil) would ensure that exports of Alaskan North Slope crude oil are prohibited. 151 Cong. Rec. H9102 (daily ed. Oct. 25, 2005). The bill was referred to the Committee on International Relations, and in addition to the Committee on Resources.

  • H.R. 4162 (Gallegly, R-Cal.) (Los Padres National Forest) would provide for an exchange of lands between the Secretary of Agriculture and the United Water Conservation District of California to eliminate certain private inholdings in the Los Padres National Forest. 151 Cong. Rec. H9361 (daily ed. Oct. 27, 2005). The bill was referred to the Committee on Resources.

  • H.R. 4176 (Doolittle, R-Cal.) (wilderness study areas) would provide for the release of certain Wilderness Study Areas involving public lands administered by BLM in Lassen and Modoc Counties, California, and Washoe County, Nevada. 151 Cong. Rec. H9425 (daily ed. Oct. 28, 2005). The bill was referred to the Committee on Resources.

  • H.R. 4189 (Christensen, D-V.I.) (national parks) would authorize the Secretary of the Interior to conduct a study to determine the suitability and feasibility of designating the Virgin Islands Military and Veterans Memorial, to be located in Fredericksted, St. Croix, U.S. Virgin Islands, as a unit of the National Park System. 151 Cong. Rec. H9472 (daily ed. Nov. 1, 2005). The bill was referred to the Committee on Resources.

  • H.R. 4192 (Ross, D-Ark.) (national parks) would authorize the Secretary of the Interior to designate the President William Jefferson Clinton Birthplace Home in Hope, Arkansas, as a National Historic Site and unit of the National Park System. 151 Cong. Rec. H9472 (daily ed. Nov. 1, 2005). The bill was referred to the Committee on Resources.

  • H.R. 4195 (Walden, R-Or.) (irrigation districts) would authorize early repayment of obligations to the Bureau of Reclamation within Rogue River Valley Irrigation District or within Medford Irrigation District. 151 Cong. Rec. H9472 (daily ed. Nov. 1, 2005). The bill was referred to the Committee on Resources.

  • H.R. 4198 (Andrews, D-N.J.) (SDWA) would amend the SDWA with respect to developing additional methods for assessing the health effects of drinking water contaminants on infants, children, women, and pregnant women. 151 Cong. Rec. H9554 (daily ed. Nov. 2, 2005). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 4199 (Boehlert, R-N.Y.) (taxes) would amend the Internal Revenue Code of 1986 to extend the environmental tax on corporate income. 151 Cong. Rec. H9554 (daily ed. Nov. 2, 2005). The bill was referred to the Committee on Ways and Means.

  • H.R. 4200 (Walden, R-Or.) (land recovery treatments) would improve the ability of the Secretary of Agriculture and the Secretary of the Interior to promptly implement recovery treatments in response to catastrophic events affecting federal lands under their jurisdiction, including the removal of dead and damaged trees and the implementation of reforestation treatments, to support the recovery of non-federal lands damaged by catastrophic events, to revitalize Forest Service experimental forests, and for other purposes. 151 Cong. Rec. H95554 (daily ed. Nov. 2, 2005). The bill was referred to the Committee on Resources, and in addition to the Committees on Agriculture, and Transportation and Infrastructure.

  • H.R. 4204 (Doolittle, R-Cal.) (American River Pump Station Project) would direct the Secretary of the Interior to transfer ownership of the American River Pump Station Project. 151 Cong. Rec. H9555 (daily ed. Nov. 2, 2005). The bill was referred to 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:

Alabama
Georgia
Massachusetts
New Hampshire
South Carolina

Arkansas
Indiana
Michigan
New Jersey
Tennessee

California
Iowa
Minnesota
Ohio
Texas

Colorado
Louisiana
Missouri
Oregon
Utah

Florida
Maine
Montana
Rhode Island
Virginia

 


ALABAMA


Hazardous & Solid Wastes:



  • The Alabama Department of Environmental Management proposed to amend Administrative Code Rule 335-3-3-.01 regarding open burning. A public hearing will be held December 7, 2005. Written comments are due December 9, 2005. See http://www.adem.state.al.us/PublicNotice/Oct/Div3.htm

ARKANSAS


Hazardous & Solid Wastes:



  • The Arkansas Pollution Control and Ecology Commission will hold public hearings at Little Rock on December 13, 2005, to receive comments on proposed changes to Commission Regulation Nos. 22 and 27. Regulation No. 22 is the Arkansas Solid Waste Code, while Regulation No. 27 governs the licensing of operators of solid waste management facilities and illegal dumps control officers. Proposed changes to both regulations have been developed in order to bring the documents into conformance with recent legislation adopted by the Arkansas General Assembly. Written comments are due December 29, 2005. See http://www.adeq.state.ar.us/ftproot/Pub/pa/Regulation_Notices/2005-11-02_Notice_of_Proposed_Changes_to_Regulations%2022_and_27.mht

Toxic Substances:



  • The Arkansas Pollution Control and Ecology Commission will hold a public hearing on December 6, 2005, to receive comments on proposed changes in Regulation No. 25 (Lead-based Paint-Hazard). Proposed changes to Regulation No. 25 are designed to make the regulation consistent with Arkansas and federal law, to make the provisions conform stylistically with the other Commission regulations, and to improve readability and citizens' ease in using it. Written comments are due December 20, 2005. See http://www.adeq.state.ar.us/ftproot/Pub/pa/Regulation_Notices/2005-11-02_Notice_of_Proposed_Changes_to_Regulation_25.mht

CALIFORNIA


Air:



  • The Goods Movement Action Plan--Phase I highlighted the need for stakeholder-based work groups to help identify priorities for infrastructure improvement, environmental and community mitigation, finance, and public safety. Beginning October 31, the agency is kicking off Phase II by soliciting public input on these priorities. Meetings will be held October 31 through November 4, 2005. See http://www.arb.ca.gov/gmp/mtg/p2_notice.pdf

Toxic Substances:



Water:



COLORADO


Air:



  • The Colorado Air Quality Control Commission will consider proposed revisions to Regulation Number 8, Part E (MACT Standards) to incorporate by reference changes the U.S. EPA made to its NESHAPs rules and to recognize the Environmental Leadership Program. A public hearing will be held January 19, 2006. This is a written comment only rulemaking hearing. The Commission encourages all interested persons to provide their views in writing prior to the hearing. Written comments should be submitted by January 5, 2006. The Commission especially solicits comments and analyses from persons who will incur directly some cost or benefit from the proposed revisions. The Commission does not plan to take testimony at the hearing. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/Reg8jannotice.pdf

FLORIDA


Hazardous & Solid Wastes:




  • Solid and Hazardous Waste--The Department of Environmental Protection announces a rule development workshop to discuss proposed changes to Chapter 62-701, the Solid Waste Management Facilities rule. The first half of the workshop will focus on the management of CCA-treated wood, including a review of a draft best management practices manual for the management of this material at disposal and recycling facilities. The second half of the workshop will focus on other proposed amendments to the rule, including any amendments put forth by the regulated community. The workshop will be held November 17, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/4-publicworkshop-10-28-05-INT.pdf


Water:



GEORGIA


Hazardous & Solid Wastes:




  • The Environmental Protection Department proposes amendments to Georgia's Rules for Hazardous Waste Management, Chapter 391-3-11. The proposed rule amendments include revisions to Rules 391-3-11-02, 391-3-11-.07, 391-3-11-.08, 391-3-11-.09, 391-3-11-.10, 391-3-11-.11, 391-3-11-.16, and 391-3-11-.18. A public hearing will be held December 8, 2005. Written comments are due January 6, 2006. See http://environet.dnr.state.ga.us/11/notice.pdf


General:




  • The Environmental Protection Department proposes an amendment to Georgia's Rules for Procedures for Disposition of Contested Cases, Chapter 391-1-2. The proposed rule amendment includes revisions to Rule 391-1-2-.07, Stay Pending Final Action, to align the rule with SB 190. During the 2005 session, the Georgia General Assembly passed SB190, which amended Title 12 of the Official Code of Georgia, Annotated (O.C.G.A). The bill clarifies the cases in which a petition for judicial review may stay an order or action of the decisionmaker, i.e., the Environmental Protection Department director. The bill also clarifies the duration of certain stays. Written comments are due November 22, 2005. The proposed rule amendment will be considered for adoption by the Board of Natural Resources at its public meeting on December 7, 2005. See http://environet.dnr.state.ga.us/admin/notice.pdf


INDIANA


Air:



Water:




  • The Natural Resources Commission issued a final rule that amends 312 IAC 11, which governs construction activities along and within public freshwater lakes. The amendment includes standards that distinguish a seawall placed in a manmade channel from one placed on a natural shoreline, allows a bulkhead seawall to be permitted along the upland sides of a manmade channel, defines "natural shoreline," amends the definitions of "area of special concern" and "significant wetland," and provides discretion to grant a license for a seawall or other structure, which might not otherwise satisfy the rule, where public access is enhanced or where a written assessment by a qualified professional demonstrates a particular methodology is needed to control erosion or to stabilize the shoreline and that the methodology would not violate IC 14-26-2. See http://www.in.gov/legislative/register/Vol29/02Nov/02F312050038.PDF


Wildlife:



  • The Natural Resources Commission issued a proposed rule that amends 312 IAC 18-3-12, which governs standards for the control of the larger pine shoot beetle, by adding Dearborn County to the state quarantine area. A public hearing will be held November 30, 2005. See http://www.in.gov/legislative/register/Vol29/02Nov/08P312050213.PDF

  • The Natural Resources Commission issued a proposed rule that amends 312 IAC 9 concerning taking, chasing, and possessing wild animals; fishing, hunting, and trapping without a license by owners and lessees of farmland; tagging requirements for deer hunting; hunting deer by firearms; coyotes; bobcats; river otters; badgers; endangered species of mammals; migratory birds and waterfowl; mute swans; tagging requirements for wild turkey hunting; turtle possession permits; taxidermist licenses; nuisance wild animal control permits; fur buyers' licenses; and confining, enclosing, and housing bobcats under a wild animal possession permit. A public hearing will be held November 29, 2005. See http://www.in.gov/legislative/register/Vol29/02Nov/08P312050214.PDF

General:



  • The Natural Resources Commission issued a final rule that amends 312 IAC 16-5-19, governing performance standards and enforcement of plugging and abandoning of oil and gas wells, to allow the use of water as a material for filling uncemented intervals in a plugged well. See http://www.in.gov/legislative/register/Vol29/02Nov/02F312050014.PDF

  • The Natural Resources Commission issued a final rule that amends 315 IAC 1-2-1 and 315 IAC 1-3 and adds 315 IAC 1-3-2.1 and 315 IAC 1-3-15 concerning errata, a change in address, clarifications regarding amendment of pleadings, and filing procedures. See http://www.in.gov/legislative/register/Vol29/02Nov/02F315050073.PDF

  • The Natural Resources Commission issued a proposed rule that would amend 312 IAC 16-1-1 to delete a citation to 312 IAC 17-3, the enabling statute for which was repealed by SB 442. Amends 312 IAC 16-1 to add definitions for eight terms utilized within IC 14-37-7 and 312 IAC 16-5-4. Public comments will be accepted. http://www.in.gov/legislative/register/Vol29/02Nov/07NO312050288.PDF

IOWA


Wildlife:



  • The Natural Resource Commission announced that it intends to adopt new Chapter 115, Whitetail Hunting Preserves, Iowa Administrative Code. Proposed Chapter 115 is intended to implement the requirements and procedures of 2005 Iowa Acts, Senate File 206, sections 14 to 26, which regulate the establishment and operation of whitetail hunting preserves. Written comments are due November 14, 2005. A public hearing will be held November 15, 2005. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB051026.htm

  • The Natural Resource Commission adopted new Chapter 115, Whitetail Hunting Preserves, Iowa Administrative Code (emergency rule). New Chapter 115 is intended to implement the requirements and procedures of 2005 Iowa Acts, Senate File 206, sections 14 to 26, which regulate the establishment and operation of whitetail hunting preserves. In compliance with Iowa Code section 17A.4(2), the Commission finds that notice and public participation are impracticable because of the immediate need to place this chapter into effect for existing preserve operators. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB051026.htm

LOUISIANA


Hazardous & Solid Wastes:



MAINE


Hazardous & Solid Wastes:



  • The Department of Environmental Protection proposed revisions to the Solid Waste Management Rules: Ch. 418, Beneficial Use of Solid Waste; Ch. 402, Transfer Stations and Storage Sites for Solid Waste; Ch. 405, Water Quality Monitoring, Leachate Monitoring, and Waste Characterization; and Ch. 409, Processing Facilities. A public hearing will be held November 17, 2005. Public comments are due November 28, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/102605.htm

Water:



  • The Department of Environmental Protection has adopted Ch. 500, Stormwater Management Law, and Ch. 502, Lakes Most at Risk from New Development and Urban Impaired Streams. The adoption revises Chapters 500 and 502, which affect how stormwater is regulated in the state of Maine. The changes will improve the regulatory program and satisfy the requirements of 2003 Public Law Chapter 607 that was enacted by the second regular session of the 12lst Maine Legislature. Chapter 607 allowed the Board of Environmental Protection to adopt changes that do not conform to existing statutory language in Title 38, Section 420-D, Stormwater Management Law, and declared these rules major substantive. These rules were provisionally adopted by the Board on November 4, 2005, and submitted to the First Regular Session of the 122nd Legislature in January of 2005. In addition, the Department submitted a bill to the Legislature to amend existing Section 420-D of the Stormwater Management Law to resolve inconsistencies between that statutory provision and the provisionally adopted rules. Effective November 16, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/102605.htm

  • The Department of Marine Resources has adopted Ch. 2.80, Marking Procedures for Aquaculture Leases; Ch. 2.37(1)(A)(2), Navigation; and Ch. 2.90(6)(B), Limited-purpose Aquaculture License Maintenance Standards. The adopted regulations update and clarify the marking procedures for aquaculture leases and limited-purpose aquaculture license sites. The requirement for use of "reflective or retro reflective tape" has been removed; the term "marked floating devices" replaces references to signs and buoys; the Department's unique lease identifier is required on boundary marking devices; interior and gear markers must be easily distinguishable from boundary markers; alternative marking requirements may be applied on a case-by-case basis in the decision process; and references to Coast Guard marking requirements have been added and clarified. Effective January 1, 2006. See http://www.maine.gov/sos/cec/rules/notices/2005/102605.htm

  • The Department of Marine Resources has adopted Ch. 15.02(A)(94), Definitions. The reference to certified dealers who possess a current wet storage permit contained in the definition of "wet storage" has been removed. This change is considered necessary to remove a potential legal loop hole that could be interpreted to allow persons other than "currently permitted certified dealers" to conduct wet storage activities contrary to the intent of the regulations or, could be interpreted to unintentionally prohibit certified dealers to wet store shellstock when possessing a current permit. Effective October 24, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/102605.htm

Wildlife:



  • The Department of Marine Resources has adopted Ch. 25.07(B)(4), Atlantic States Marine Fisheries Commission (ASMFC) Lobster Management Areas and Limitations, Lobster Fishing Limitations. In accordance with the ASMFC Interstate Fishery Management Plan (FMP) for American lobster and recent legislative changes, the Department has deleted the exception for minimum gauge size in order to comply with the requirements of the FMP and for consistency with Maine law as amended. A clarification has also been made regarding the requirement that all fisheries management zones fished be declared on a license application for consistency within the regulations. See http://www.maine.gov/sos/cec/rules/notices/2005/102605.htm

  • The Department of Marine Resources has adopted Ch. 34.10(1)(B)(4)(d), Commercial Effort Restrictions, Monkfish. In accordance with the New England Fisheries Management Council, Amendment 2 to the Fisheries Plan for Monkfish, and for consistency with NOAA-Fisheries regulations, the Department adopts regulations for monkfish. This adopted regulation establishes a minimum fish size of 17 inches total length or 11 inches tail length, and a vessel trip limit of 150 pounds of monkfish tails or 498 pounds of whole weight monkfish. Effective October 24, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/102605.htm

MASSACHUSETTS


Water:




  • The Department will hold public hearings to accept comments on the proposed revisions to Title 5 of the State Environmental Code, 310 CMR 15.000. The proposed revisions will strengthen local approving authorities' and the Department's ability to enforce the provisions of Title 5 (Septic systems); clarify various design standards; include additions to local upgrade provisions; and propose a renewal process for soil evaluators and septic system installers. Provisions regulating the discharge of greywater have also been proposed. Hearings will be held October 19 and 20, 2005. Written comments are due October 31, 2005. See http://www.mass.gov/dep/water/wastewater/t5pubnot.htm


MICHIGAN


Hazardous & Solid Wastes:




  • The Department of Environmental Quality Remediation and Redevelopment Division is providing a public comment period on interim soil and groundwater cleanup criteria developed for bromate for application at residential and industrial/commercial sites of environmental contamination in Michigan. The criteria were developed by authority of Part 201 (Environmental Remediation) and Part 213 (Leaking Underground Storage Tanks) of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. Comments are due December 15, 2005. See http://www.michigan.gov/deq/0,1607,7-135-3308-128989--,00.html#PublicHearings


Land Use:



  • The Office of Geological Survey will be holding a public hearing on proposed new Nonferrous Metallic Mineral Mining rules: R 425.101 to R 425.602 (SOAHR 2005-001EQ). The proposed rules provide detailed instructions, criteria, and processes to implement the terms of the statute and include standards for construction, operation, closure, postclosure, monitoring, and remediation of a mine. The meeting will be held December 7, 2005. See http://www.michigan.gov/deq/0,1607,7-135-3308-128989--,00.html#PublicHearings

  • The Office of Geological Survey will be holding a public informal informational meeting on proposed new Nonferrous Metallic Mineral Mining rules: R 425.101 to R 425.602 (SOAHR 2005-001EQ). The proposed rules provide detailed instructions, criteria, and processes to implement the terms of the statute and include standards for construction, operation, closure, postclosure, monitoring, and remediation of a mine. The meeting will be held November 29, 2005. See http://www.michigan.gov/deq/0,1607,7-135-3308-128989--,00.html#PublicHearings

MINNESOTA


General:




  • The Minnesota Pollution Control Agency proposed the repeal of rules listed in its Obsolete Rules Reports for 2003 and 2004 Governing Minnesota Rules Part 7021.0050, Subparts. 4 and 6; Parts 7039.0010 to 7039.0120; Parts 7075.0100 to 7075.5000; Part 7105.0060 Subpart 5a.; Part 7001.0020, Item G; and Part 7027.1150, Subpart 2. The Agency intends to repeal obsolete rules following the procedures set forth in the Administrative Procedure Act, Minnesota Statutes, section 14.3895. Comments are due December 27, 2005. See http://www.pca.state.mn.us/news/data/bdc.cfm?noticeID=269312&blobID=11516&docTypeID=4


MISSOURI


Hazardous & Solid Wastes:



  • The Hazardous Waste Management Commission proposed a rule, 10 CSR 25-17.010, Applicability, concerning the Dry-Cleaning Environmental Response Trust Fund. This rule defines the active and abandoned dry cleaning facilities that are subject to the requirements of chapter 17. This rule is designed specifically to protect the quality of groundwater in the state as well as to protect human health and the overall quality of the environment. This rule is promulgated on the authority of sections 260.900 to 260.960, RSMo. This rule does not describe an environmental condition standard, therefore, a Regulatory Impact Report was not completed for this rule. A public hearing will be held December 9, 2005. Written comments are due December 16, 2005. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2252)

  • The Hazardous Waste Management Commission proposed a rule, 10 CSR 25-17.020, Definitions, concerning the Dry-Cleaning Environmental Response Trust Fund. This rule defines specific terms used in chapter 17. This rule does not describe an environmental conditions or standard, therefore, a Regulatory Impact Report was not completed for this rule. A public hearing will be held December 9, 2005. Comments are due December 16, 2005. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2252)

  • The Hazardous Waste Management Commission proposed a rule, 10 CSR 25-17.030, Registration and surcharges, concerning the Dry-Cleaning Environmental Response Trust Fund. This rule explains the requirements of registration of active dry cleaning facilities and the requirements of the solvent provider s. A public hearing will be held December 9, 2005. Comments are due December 16, 2005. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2253)

  • The Hazardous Waste Management Commission proposed a rule, 10 CSR 25-17.040, Reporting and Record Keeping, concerning the Dry-cleaning Environmental Response Trust Fund. This rule explains how the owner and operator of an active dry cleaning facility shall keep records demonstrating compliance with the requirements of chapter 17. These records shall be furnished to the department on request. The rule establishes the reporting requirements to the General Assembly and the governor's office. . A public hearing will be held December 9, 2005. Comments are due December 16, 2005. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2254)

  • The Hazardous Waste Management Commission proposed a rule, 10 CSR 25-17.050, Reporting of Releases and Existing Contamination, concerning the Dry-cleaning Environmental Response Trust Fund. This rule describes the steps for reporting and initial abatement of the spilling, leaking, emitting, discharging, escaping, leaching, or disposing of dry cleaning solvents onto the ground surface or into groundwater, surface water, or subsurface soil and the reporting of existing contamination at dry cleaner sites. A public hearing will be held December 9, 2005. Comments are due December 16, 2005. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2260)

  • The Hazardous Waste Management Commission proposed a rule, 10 CSR 25-17.060, concerning Site Prioritization and Completion. This rule describes the requirements for the prioritization of sites and for determining the completion of cleanup of sites. A public hearing will be held December 9, 2005. Comments are due December 16, 2005. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2267)

  • The Hazardous Waste Management Commission proposed a rule, 10 CSR 25-17.070, Closure of Facilities, concerning the Dry-cleaning Environmental Response Trust Fund. This rule describes the requirements for the permanent closure of active dry cleaning facilities. A public hearing will be held December 9, 2005. Comments are due December 16, 2005. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2267)

  • The Hazardous Waste Management Commission proposed a rule, 10 CSR 25-17.080, Site Characterization and Corrective Action, concerning the Dry-cleaning Environmental Response Trust Fund. This rule describes the steps for the assessment, investigation, and corrective action of contamination of dry cleaning solvents. A public hearing will be held December 9, 2005. Comments are due December 16, 2005. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2274)

Water:



  • The Geological Survey and Resource Assessment Division amended 10 CSR 23-3.100, Sensitive Areas. It amended the Purpose, added section (7), and updated the forms that follow this rule in the Code of State Regulations. This amendment requires more stringent well drilling standards to be utilized in areas where groundwater is contaminated with perchloroethylene or its degradation products in the New Haven, Franklin County, vicinity. It also changes the name of the Division to the Division of Geology and Land Survey. This rule sets specific additional construction standards for sensitive areas shown on the map that have been designated on the basis of either naturally occurring problems caused by unique groundwater chemistry, anthropogenic contamination, or because they are located in a fragile groundwater environment which is experiencing rapid population growth or urbanization. Land Survey Division, Bob Archer, PO Box 250, Rolla, MO 65402. To be considered, comments must be received within 30 days of publication of this notice in the Missouri Register. No public hearing is scheduled. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2241)

  • The Geological Survey and Resource Assessment Division amended 10CSR 23-5.050, Construction Standards for Closed-Loop Heat Pump Wells. The division is amending sections (6) and (8) and adding section (12). The amendment requires more stringent well drilling standards be utilized in areas where groundwater is contaminated with perchloroethylene or its degradation products in the New Haven, Franklin County, vicinity. It also changes the name of the Division to the Division of Geology and Land Survey. To be considered, comments must be received within 30 days of publication of this notice in the Missouri Register. No public hearing is scheduled. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2249)

Wildlife:




  • The Conservation Commission proposed to amend 3 CSR 10-5.205, Permits Required; Exceptions. The commission proposes to amend subsection (1)(A) to correct the title of the Resident Cable Restraint Permit. To be considered, comments must be received within 30 days after publication of this notice in the Missouri Register. No public hearing is scheduled. See http://www.sos.mo.gov/adrules/moreg/current/2005/v30n21/v30n21b.pdf (pg. 2241)


MONTANA


Air:



Hazardous & Solid Wastes:



  • The Department of Environmental Quality proposed to adopt New Rule I (Solid Waste--State Solid Waste Management and Resource Recovery Plan--MAR Notice No. 17-235). A public hearing will be held November 18, 2005. Comments are due November 25, 2005. See http://www.deq.state.mt.us/dir/legal/Notices/17-235pro.pdf

Water:



  • The Department of Environmental Quality proposed to amend ARM 17.36.345, 17.38.101, 105, etc. (Public Water and Sewage System Requirements and Subdivisions--Adoption by Reference, Plans for Public Water Supply or Wastewater System, Fees, Treatment Requirements, Disinfection--MAR Notice No. 17-234). A public hearing will be held November 18, 2005. Comments are due November 25, 2005. See http://www.deq.state.mt.us/dir/legal/Notices/17-234pro.pdf

  • The Department of Environmental Quality amended its notice of public hearing on its proposed amendment of ARM 17.30.1303, 1304, 1310, etc. (Water Quality--Concentrated Animal Feeding Operations--MAR Notice No. 17-233). A public hearing will be held November 17. Comments are due November 25, 2005. See http://www.deq.state.mt.us/dir/legal/Notices/17-233pro.pdf

  • The Department of Environmental Quality proposed to amend ARM 17.30.502, 516, 602, etc. (Water Quality, Subdivisions, CECRA, Underground Storage Tanks--Department Circular WQB-7, Outstanding Resource Waters--MAR Notice No. 17-232). A public hearing will be held November 29, 2005. Comments are due December 6, 2005. See http://www.deq.state.mt.us/dir/legal/Notices/17-232pro.pdf

NEW HAMPSHIRE:


Hazardous & Solid Wastes:



Water:



  • The Department of Environmental Services adopted Env-Wq 1100, Public Bathing Places. Effective November 1, 2005. See http://www.des.state.nh.us/RuleMaking/adopted2005/Env-Ws_1101-1105.pdf

  • The Department of Environmental Services adopted Env-Ws 1600, Septage Management. These rules establish standards, criteria, and procedures for a permit system to manage the removal, transportation, and disposal of septage, including the processing and treatment thereof, in order to protect human health and the environment and to encourage beneficial reuse and recycling of septage with appropriate performance standards. Effective October 27, 2005. See http://www.des.state.nh.us/RuleMaking/adopted2005/Env-Ws_1600.pdf

NEW JERSEY


Water:




  • The Groundwater Quality Standards, N.J.A.C. 7:9-6, have been readopted and recodified at N.J.A.C. 7:9C, with amendments to the groundwater quality criteria listed in Appendix Table 1. In addition, the Department made administrative corrections to 28 rules that refer to the Groundwater Quality Standards. Effective November 7, 2005. See http://www.nj.gov/dep/rules/adoptions.html


OHIO


Air:



  • The Division of Air Pollution Control proposes to amend OAC rule 3745-18-01, Definitions; 3745-18-02, Ambient air quality standards-sulfur dioxide; 3745-18-03, Attainment dates and compliance time schedules; 3745-18-04, Measurement methods and procedures; 3745-18-06, General emission limit provisions; 3745-18-08, Allen County emission limits; 3745-18-10, Ashtabula County emission limits; 3745-18-11, Athens County emission limits; 3745-18-12, Auglaize County emission limits; 3745-18-15, Butler County emission limits; 3745-18-17, Champaign County emission limits; 3745-18-18, Clark County emission limits; 3745-18-24, Cuyahoga County emission limits; 3745-18-28, Erie County emission limits; 3745-18-29, Fairfield County emission limits; 3745-18-31, Franklin County emission limits; 3745-18-34, Geauga County emission limits; 3745-18-35, Greene County emission limits; 3745-18-37, Hamilton County emission limits; 3745-18-38, Hancock County emission limits; 3745-18-49, Lake County emission limits; 3745-18-50, Lawrence County emission limits; 3745-18-53, Lorain County emission limits; 3745-18-54, Lucas County emission limits; 3745-18-57, Marion County emission limits; 3745-18-61, Miami County emission limits; 3745-18-63, Montgomery County emission limits; 3745-18-66, Muskingum County emission limits; 3745-18-68, Ottawa County emission limits; 3745-18-69, Paulding County emission limits; 3745-18-72, Pike County emission limits; 3745-18-76, Richland County emission limits; 3745-18-77, Ross County emission limits; 3745-18-78, Sandusky County emission limits; 3745-18-79, Scioto County emission limits; 3745-18-80, Seneca County emission limits; 3745-18-81, Shelby County emission limits; 3745-18-82, Stark County emission limits; 3745-18-83, Summit County emission limits; 3745-18-84, Trumbull County emission limits; 3745-18-85, Tuscarawas County emission limits; 3745-18-87, Van Wert County emission limits; 3745-18-90, Washington County emission limits; 3745-18-91, Wayne County emission limits; and 3745-18-93, Wood County emission limits. A public hearing will be held December 6, 2005. Written comments are due December 6, 2005. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_28068_20051028_0924.pdf

  • The Division of Air Pollution Control proposes to amend OAC rules 3745-21-01, Definitions; 3745-21-04, Attainment dates and compliance time schedules; 3745-21-09, Control of emissions of VOCs from stationary sources and perchloroethylene from dry cleaning facilities; 3745-21-12, Control of VOC emissions from Commercial Bakery Oven Facilities; 3745-72-01, Applicability; 3745-72-02, Definitions; 3745-72-03, Gasoline volatility standards and general provisions; 3745-72-04, Transfer documentation and record keeping; 3745-72-05, Liability; 3745-72-06, Defenses; 3745-72-07, Special provisions for alcohol blends; and 3745-72-08, Quality assurance and test methods. It also intends to incorporate new rules 3745-21-17, Portable Fuel Containers and Spouts, and 3745-21-18, Commercial Motor Vehicle and Mobile Equipment Refinishing Operations. The rule amendments and new rules are being proposed primarily as the result of the need for new control strategies for the reduction of volatile organic compound emissions and nitrogen oxides in the Cincinnati and Dayton metropolitan areas as a replacement for the proposed termination of the vehicle inspection program (E-Check) in those areas. Two public hearings will be held on December 7, 2005. Written comments are due December 7, 2005. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_28065_20051028_0914.pdf

Water:




  • Ohio EPA has amended OAC rules 3745-42-01 and 3745-42-03 and adopted new rules 3745-42-06, 3745-42-08, 3745-42-09, and 3745-42-11. The proposed rule amendments and new rules add and remove definitions in rule 3745-42-01, clarify submittal requirements for permit applications in rule 3745-42-03, add a framework for issuing general permits to install in rule 3745-42-06, add a set of minimum isolation distances in rule 3745-42-08, add standards for filter sand testing and utilization in rule 3745-42-09, and add design, installation, and operational requirements for holding tanks in rule 3745-42-11. Effective December 1, 2005. See http://www.registerofohio.state.oh.us/jsps/PublicDisplayRules/processPublicDisplayRules.jsp?entered_rule_no=3745-42-01&doWhat=GETBYRULENUM


OREGON


Water:



RHODE ISLAND


Air:




  • A public hearing regarding proposed amendments to Air Pollution Control Regulation No. 37, Rhode Island's Low Emissions Vehicle Program, will be held on November 3, 2005. The proposed amendments would adopt the latest California Exhaust Emission Standards relating to greenhouse gas emissions, add the medium-duty weight class vehicles to the regulations, and make a clarifying amendment for the Zero Emission Vehicle component of the Low Emission Vehicle II program. The greenhouse gas emission standards and standards for the medium-duty vehicles would apply to new vehicles sold in Rhode Island beginning with model year 2009. Written comments are due November 30, 2005. See http://www.dem.ri.gov/programs/benviron/air/levdraft.htm


Toxic Substances:




  • The Department of Environmental Management proposes the adoption of the rules and regulations governing the administration and enforcement of the Rhode Island Mercury Education and Reduction Act and will hold a public hearing to receive public comment on the proposed regulations. The proposed regulations will provide new guidelines for achieving significant reductions in environmental mercury pursuant to the Mercury Education and Reduction Act (RIGL Chapter 23-24.9). The public hearing will be held on November 29, 2005. Written comments are due December 1, 2005. See http://www.dem.ri.gov/programs/benviron/waste/hgdraft.htm


SOUTH CAROLINA


Hazardous & Solid Wastes:




  • The Department of Health and Environmental Control proposes to amend Regulation 61-79, Hazardous Waste Management Regulations, to adopt federal amendments through October 25, 2004. Adoption of federal amendments will ensure federal compliance. A public hearing will be held January 12, 2006. Written comments are due November 30, 2005. See http://www.scstatehouse.net/regs/3003.doc


Water:



  • The Department of Health and Environmental Control proposed to amend Regulation 61-30, Environmental Protection Fees. This proposed amendment will revise the recreational waters fees to match the current budget proviso. The amount of fees proposed in the regulation change are already being charged to the recreational waters industry and it is important to keep a viable program in place. Legislative review of this amendment will be required. Written comments are due November 28, 2005. See http://www.scstatehouse.net/regs/3001.doc

  • The Department is proposing to simultaneously repeal Regulations 121-1, Capacity Use Declaration, Waccamaw Area, and 121-2, Capacity Use Declaration, Low Country Area, and replace them with one new Chapter 61 regulation that addresses these regulations and other groundwater withdrawals in all designated capacity use areas. The proposed new regulation will standardize and provide procedures necessary for obtaining a permit to withdraw, obtain, or utilize groundwater and to construct, maintain, and operate groundwater withdrawal wells within designated capacity use areas including, but not limited to submission of information concerning the amount of groundwater withdrawal, its intended use, aquifer or aquifers utilized, well construction information, conservation and management programs, and other information necessary to aid in evaluating the effect of existing or proposed groundwater withdrawal or use on the water resource of the area or areas. The regulation will also provide measures to abate and/or control saltwater encroachment, and measures to prevent or mitigate unreasonable adverse effects on water users or water uses within designated capacity use areas. An informational forum will be held on November 30, 2005. Written comments are due November 30, 2005. See http://www.scstatehouse.net/regs/3005.doc

  • The Department proposed to amend Regulations 30-1(D), Definitions; 30-1, Statement of Policy; and 30-12, Specific Project Standards for Tidelands and Coastal Waters, which concern permitting in the critical areas of the coastal zone. The proposed regulatory changes will replace the existing Regulation 30-12.N, Access to Small Islands, which was declared invalid due to vagueness in the February 22, 2005, decision of the South Carolina Supreme Court. These proposed changes would add definitions and detailed project standards to be utilized in the evaluation of permits for access to islands. The changes are proposed to address the gap in the critical area regulations created by the Supreme Court decision and ensure consistent and effective Department review of applications for access to islands. Generally, the language proposed provides more specific, protective, and enforceable standards for the management of coastal islands, which are important and distinct features of the South Carolina coast. An informational forum will be held November 28, 2005. Written comments are due November 28, 2005. See http://www.scstatehouse.net/regs/3006.doc

Wildlife:




  • The Department is proposing to amend the Shellfish Regulation, R.61-47, to bring it up to date with current National Shellfish Sanitation Program guidance and practices. It will also include a section on severability; update and expand definitions; update certification and permitting procedures; update growing area survey and classification standard references; update requirements for the harvesting, handling, and transportation of shellfish; update compliance and inspection procedures; update certified shipper facility and aquaculture requirements; and revise style, language, and grammar for clarity, readability, and consistency. An informational forum will be conducted on November 30, 2005, to answer questions, clarify issues, and receive comments from interested parties. Written comments are due November 30, 2005. See http://www.scstatehouse.net/regs/3002.doc


TENNESSEE


Hazardous & Solid Wastes:




  • The Tennessee Department of Environment and Conservation held a hearing on November 2, 2005, to consider the promulgation of amendments of rules on behalf of the Tennessee Solid Waste Disposal Control Board pursuant to T.C.A. §§68-203-103(a)(1), 68-203-103(b)(3), 68-211-102(a), 68-211-105(b), 68-211-105(c), 68-211-106(a)(1), 68-211-107(a), 68-211-111(d), 68-211-116, 68-211-851(a), and 68-211-861. Written comments were due November 4, 2005. See http://www.state.tn.us/environment/swm/swmppo/RulemakingHearingNov05.pdf


Water:




  • The Division of Water Pollution Control seeks public comments concerning the draft individual statewide Municipal Separate Storm Sewer System for the Tennessee Department of Transportation. A municipal separate storm sewer system is defined by U.S. EPA as any conveyance that is owned or operated by a state or local government entity and is designed for collecting or conveying storm water, excluding publicly owned treatment works. Public hearings will be held December 5, 6, and 8, 2005. See http://www.state.tn.us/environment/wpc/wpcppo/mdi/PH05014_101905.pdf


TEXAS


Hazardous & Solid Wastes:



  • A public hearing will be held November 21, 2005, concerning SB 1281: Permits for Commercial Industrial Solid Waste Facilities that Discharge to POTWs. It requires permits for wastewater treatment units at commercial industrial solid waste facilities that receive waste for discharge to POTWs. Written comments are due December 12, 2005. See http://www.tceq.state.tx.us/assets/public/legal/rules/hearings/05045335_phn.pdf

Water:



  • The Texas Commission on Environmental Quality proposes amendments to its Watermaster Operations regulations. Adds new permitted uses and assessment rates for agricultural and specific uses, includes establishment of a watermaster program under Chapter 11 of the Texas Water Code, and changes reporting frequency from quarterly to annual. Comments are due December 12, 2005. See http://www.tceq.state.tx.us/assets/public/legal/rules/rule_lib/proposals/05031304_pro.pdf

UTAH


Water:



  • The Department of Environmental Quality announced changes in proposed rule R317-4, Onsite Wastewater Systems. The proposed changes simplify, clarify, and amplify the requirements of the proposed amendments to Sections R317-1, R317-2, and R317-11 of the Onsite Wastewater Systems rule for pretreatment systems and corresponding management requirements. Written comments are due December 1, 2005. See http://www.rules.utah.gov/publicat/bulletin/2005/20051101/27944.htm

VIRGINIA


Water:



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


INTERNATIONAL

POVERTY AND LAKE DEGRADATION LINKED IN AFRICA:



  • Degradation of Africa's lakes has led to extreme poverty, and poverty results in further degradation of the lakes, according to experts at the 11th World Lakes Conference in Nairobi. Conference speakers presented examples where environmental damage such as deforestation negatively impacts lake health. The resulting decline of fish stocks devastates local industry and communities, leading to overfishing and further damage to the lake ecosystem. Conference participants urged governments to reduce poverty and correct unequal income distribution in lake-dependent communities and to promote the use of renewable energy and energy efficient technology to improve the lives of fishing communities and reduce environmental destruction. See http://allafrica.com/stories/200511010751.html

U.S. UNINTENTIONALLY IMPORTING ILLEGAL HONDURAN TIMBER:



  • U.S. businesses are importing illegally harvested Honduran wood because they have no way of distinguishing it from legally harvested wood, according to a report by the London-based Environmental Investigation Agency with support from the Washington-based Center for International Policy. Honduran officials regulate only a fraction of timber exports, and the large quantity of exported illegal wood products makes them difficult to identify. The report authors recommend sustained enforcement in Honduras against illegal logging and urge U.S. and European governments to use their political and economic influence to curb the import of illegal timber. See http://www.guardian.co.uk/worldlatest/story/0,1280,-5389091,00.html

SEA TURTLES AND TOURISTS COMPETE FOR SPACE IN CAPE VERDE:



  • Cape Verde's plans to increase tourism are not supported by comprehensive environmental studies and put indigenous species such as the loggerhead turtle at risk, according to a report by the World Wide Fund for Nature. The government has designated 47 areas as protected, but opponents say that planning is haphazard and resorts are approved without adequate environmental reviews. See http://www.enn.com/today.html?id=9170

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


Note: To order documents or request additional information, please call (800) 433-5120 or (202) 939-3844. Orders may also be sent by e-mail to orders@eli.org or by fax to (202) 939-3817. Please specify the issue of UPDATE about which you are inquiring. In most instances, for the cost of copying and postage, ELR can supply copies of materials cited. Charges for ELR Subscribers are 25 cents/page, $10 minimum; all others, 50 cents/page, $20 minimum. Documents may also be available free or at a nominal charge from the applicable court or agency. Copyright© 2005, Environmental Law Institute, Washington, D.C. All rights reserved.


ELR STAFF

Leslie Carothers, Publisher
Scott Schang, Editor-in-Chief
Linda L. Johnson, Managing Editor
Rachel Jean-Baptiste, Associate Editor
Jared Thompson, Contributing Editor
Allison Watkins, Contributing Editor
Carolyn Fischer, Editorial Associate
William J. Straub, Desktop Publisher
April King, Editorial Assistant
Erin Webreck, Publications Intern