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Weekly Update Volume 35, Issue 35

12/19/2005

LITIGATION

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


FORESTS, NEPA, NATIONAL FOREST MANAGEMENT ACT (NFMA):

The Ninth Circuit held that the U.S. Forest Service's decision to permit logging in critical old-growth forest and post-fire habitats in the Lolo National Forest was arbitrary and capricious. The Forest Service's decision to permit commercial logging in old-growth forest stands as a form of rehabilitative treatment violated NEPA and the NFMA. Likewise, the Service's impact analysis of salvage logging in post-fire habitat, particularly with respect to the black-backed woodpecker, a sensitive species, was arbitrary and capricious. And it inadequately assessed the project's impact on soil conditions. Ecology Center v. Austin, No. 03-35995, 35 ELR 20248 (9th Cir. Dec. 8, 2005) (33 pp.).


HYDROELECTRIC DAM, PROPERTY:

The D.C. Circuit dismissed in part and denied in part a petition for judicial review of FERC's decision to allow an owner and operator of a hydroelectric project on the Sebasticook River in Maine to surrender its license and breach a dam. Nearby landowners complained that breaching the dam would drain the century-old reservoir behind it, diminishing property values and depriving them of the reservoir's recreational benefits. Three of their claims, however, were not properly raised before the court and, thus, were jurisdictionally barred. And as for their fourth claim, the licensee cannot be compelled to operate the project. Save Our Sebasticook v. Federal Energy Regulatory Commission, No. 04-1221, 35 ELR 20247 (D.C. Cir. Dec. 9, 2005) (7 pp.).


CONSTITUTIONAL LAW, FISHING RESTRICTIONS:

The First Circuit affirmed the dismissal of an individual's complaint challenging the constitutionality of a Rhode Island Department of Environmental Management regulation restricting the number of lobsters that may be harvested by methods other than lobster traps. The individual's equal protection claim was dismissed because he failed to show that the regulation's discrimination between trap and non-trap lobstering methods bears no rational relationship to the asserted governmental purpose: to conserve the dwindling Atlantic lobster stock. Likewise, because the regulation is rationally related to the legitimate governmental purpose of lobster conservation, his substantive due process claim failed as well. And he lacked standing to assert a Tenth Amendment claim. Medeiros v. Vincent, No. 04-1841, 35 ELR 20251 (1st Cir. Dec. 12, 2005) (24 pp.).


SOLID WASTE DISPOSAL ACT (SWDA), SOVEREIGN IMMUNITY, WHISTLEBLOWERS:

The First Circuit upheld the dismissal of individuals' employment retaliation suits against the state of Rhode Island and the Rhode Island Department of Environmental Management concerning potential SWDA violations. The state has not waived its right to sovereign immunity, and the U.S. Department of Labor's (DOL's) decision not to intervene in the case--which would have waived the sovereign immunity bar--was proper. Although the DOL Assistant Secretary found a violation, all it was required to do, as it did here, was to issue a decision incorporating its finding. Nothing required him to intervene in the case. Taylor v. United States Department of Labor, Nos. 05-1153, -1154, 35 ELR 20252 (1st Cir. Dec. 12, 2005) (25 pp.).


BANKRUPTCY, METHANE GAS, LANDFILLS:

The Seventh Circuit upheld a bankruptcy court's settlement approval over the disposition of certain rights to harvested methane gas. Under the settlement, the bankrupt party--a company that collects methane gas from landfills--was released from its obligation to finish the gas collection system and was to pay a landfill and the prospective purchaser of the gas $75,000. In exchange, the company had to give up its right to the collected methane. Although the company was offered a better settlement by its principle creditors, the proposed alternate was legally impossible. In re Resource Technology Corp., No. 05-1779, 35 ELR 20249 (7th Cir. Dec. 9, 2005) (6 pp.).


FUNGICIDES, RACKETEER INFLUENCED & CORRUPT ORGANIZATIONS ACT (RICO), TORT LAW:

The Ninth Circuit reversed and remanded a district court ruling in favor of a fungicide manufacturer that allegedly induced settlement of several commercial nurseries' prior products liability litigation in violation of RICO and state tort law. The district court erred in granting judgment on the pleadings as to the RICO claims, and it erroneously granted summary judgment for the manufacturer based on its determination that the nurseries failed to prove damages with reasonable certainty. The district court also erred in granting summary judgment on the nurseries' common law fraud claim on the basis that they could not establish that the alleged fraud was material or that they reasonably relied on the manufacturer's representations to their detriment. And except for the claims of negligence and spoliation, the court erred in granting summary judgment on the nurseries' non-fraud common law claims. On remand, the case must be assigned to a different judge. Living Designs, Inc. v. E.I. DuPont de Nemours & Co., Nos. 02-16947 et al., 35 ELR 20246 (9th Cir. Dec. 5, 2005) (36 pp.).


INTELLECTUAL PROPERTY, TRADEMARKS:

The Eighth Circuit upheld the grant of summary judgment in favor of a motion picture company that was sued by an environmental advocacy group because it used the group's "Earth Protector" trademark in a movie. There is no likelihood of confusion between the group's trademark and the company's use of the term for a fictional entity in a children's movie. Davis v. Walt Disney Co., No. 05-1999, 35 ELR 20253 (8th Cir. Dec. 5, 2005) (8 pp.).


FORESTS, LOGGING:

A California appellate court reversed a lower court's grant of peremptory writ ordering the California Department of Forestry and Fire Protection and the California Department of Fish and Game to set aside their administrative determinations regarding the logging and use of certain land in the Headwaters Forest. The lower court's finding that the agencies failed to proceed in the manner required by law was erroneous. The court therefore remanded the case with directions to enter a judgment consistent with its opinion, denying, among other things, the environmental plaintiffs' petition in all respects except to compel the California Department of Fish and Game to strike a provision in an incidental take permit regarding the automatic authorization for the incidental take of unlisted species. Environmental Protection Information Center v. California Department of Forestry & Fire Protection, No. A104828, 35 ELR 20250 (Cal. App. 1st Dist. Dec. 12, 2005) (88 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 promulgated new source performance standards and emission guidelines for new and existing "other'' solid waste incineration units that incinerate nonhazardous solid wastes. 70 FR 74869 (12/16/05).

  • EPA modified its reformulated and conventional gasoline regulations. 70 FR 74551 (12/15/05).

  • EPA authorized the use of 610,665 kilograms of methyl bromide for supplemental critical uses in 2005 through the allocation of additional critical stock allowances. 70 FR 73604 (12/13/05).

  • EPA amended certain provisions of the evaporative and refueling emission regulations for light-duty vehicles and trucks and heavy-duty vehicles, the four-wheel drive dynamometer test provisions, and the vehicle labeling regulations. 70 FR 72917 (12/8/05).

  • EPA delegated authority for the implementation and enforcement of New Source Performance Standards and NESHAPs for all sources located in Bernalillo County, New Mexico, to the Albuquerque-Bernalillo County Air Quality Control Board. 70 FR 73138 (12/9/05).

  • EPA delegated the authority for implementation and enforcement of certain NESHAPs for all sources located in Oklahoma to the Oklahoma Department of Environmental Quality. 70 FR 73595 (12/13/05).

  • EPA proposed to modify its reformulated and conventional gasoline regulations. 70 FR 74581 (12/15/05).

  • EPA proposed to amend the NESHAP for miscellaneous organic chemical manufacturing. 70 FR 73097 (12/8/05).

  • EPA proposed to amend certain provisions of the evaporative and refueling emission regulations for light-duty vehicles and trucks and heavy-duty vehicles, the four-wheel drive dynamometer test provisions, and the vehicle labeling regulations; see above for direct final rule. 70 FR 72970 (12/8/05).

  • EPA proposed to delegate the authority for implementation and enforcement of certain NESHAPs for all sources located in Oklahoma to the Oklahoma Department of Environmental Quality. 70 FR 73675 (12/13/05).

  • EPA proposed to delegate authority for the implementation and enforcement of New Source Performance Standards and NESHAPs for all sources located in Bernalillo County, New Mexico, to the Albuquerque-Bernalillo County Air Quality Control Boar d. 70 FR 73183 (12/9/05).

  • EPA proposed to redesignate the Rapid City area of South Dakota to attainment of the PM-10 NAAQS. 70 FR 73183 (12/9/05).

  • EPA entered into a proposed administrative settlement under the CAA that would require the Agency to respond to a petition challenging a CAA Title V permit issued by the New Jersey Department of Environmental Protection to Camden County Energy Recovery Associates by January 20, 2006. 70 FR 74314 (12/15/05).

  • EPA announced the availability of an amended final order denying a petition to object to a state operating permit issued to the Oglethorpe-Wansley Combined Cycle Energy Facility in Roopville, Georgia. 70 FR 72826 (12/7/05).

  • SIP Approvals: Texas (concrete crushers), 70 FR 72720 (12/7/05); (agency cooperation), 70 FR 73380 (12/12/05).

  • SIP Proposals: Colorado (new source review), 70 FR 72744 (12/7/05); (startup and shutdown), 70 FR 72741 (12/7/05). Maine (volatile organic compounds), 70 FR 74259 (12/15/05). Texas (concrete crushers; see above for direct final rule), 70 FR 72740 (12/7/05); (agency cooperation), 70 FR 73414 (12/12/05).

CLIMATE CHANGE:



  • NOAA announced the availability of draft prospectuses for four synthesis and assessment products under the U.S. Climate Change Science Program. 70 FR 73991 (12/14/05).

HAZARDOUS AND SOLID WASTE:



  • EPA announced the availability of its draft quality assurance project plan for the alternative asbestos control method demonstration project. 70 FR 73237 (12/9/05).

  • EPA entered into a proposed administrative cost recovery settlement under CERCLA that would require the settling parties to partially reimburse the United States for past response costs incurred at the Sadler Drum Superfund site in Mulberry, Florida. 70 FR 74814 (12/16/05).

  • The Agency for Toxic Substances and Disease Registry announced the availability of the revised priority list of hazardous substances that will be the subject of toxicological profiles. 70 FR 72840 (12/7/05).

  • The Agency for Toxic Substances and Disease Registry announced the availability of an update on the status of the Superfund substance-specific applied research program. 70 FR 73749 (12/13/05).

PESTICIDES:



  • EPA announced the availability of its environmental fate and effects risk assessment, grower impact assessments, and related documents for the pesticide azinphos-methyl. 70 FR 72827 (12/7/05).

PUBLIC LAND:



  • The Forest Service proposed to amend its directives that describe actions that will not result in significant impacts on the environment and are categorically excluded from the requirement for further analysis in an EIS or an EA. 70 FR 73722 (12/13/05).

  • FWS announced the availability of the draft comprehensive conservation plan and EA for the Shawangunk Grasslands National Wildlife Refuge in New York. 70 FR 72463 (12/5/05).

  • FWS announced the availability of a supplement to the draft comprehensive conservation plan and EIS for the Upper Mississippi River National Wildlife and Fish Refuge. 70 FR 72462 (12/5/05).

  • BLM announced the availability of a supplement to the draft resource management plan and draft EIS for the Price field office planning area in Carbon and Emery Counties, Utah. 70 FR 73788 (12/13/05).

  • BLM announced the availability of a supplement to the draft resource management plan and draft EIS for the Vernal field office planning area in Daggett, Duchesne, and Uintah Counties, Utah. 70 FR 73790 (12/13/05).

  • The National Park Service announced the availability of the final EIS and general management plan for the Lincoln Boyhood National Memorial in Indiana. 70 FR 73794 (12/13/05).

  • The National Park Service announced the availability of the final EIS and general management plan for Rock Creek Park and the Rock Creek and Potomac Parkway in the District of Columbia. 70 FR 73795 (12/13/05).

  • The Minerals Management Service announced the availability of an EA and FONSI for proposed oil and gas exploration on the Alaska outer continental shelf. 70 FR 72649 (12/6/05).

TOXIC SUBSTANCES:



  • EPA amended the TSCA §8(a) Inventory Update Reporting regulations by adding 10 aluminum alkyl chemicals to the list of chemical substances that are exempt from reporting processing and use information. 70 FR 74696 (12/16/05).

WATER:



  • EPA amended certain provisions of the regulations establishing effluent limitations guidelines, pretreatment standards and new source performance standards for the iron and steel manufacturing point source category. 70 FR 73618 (12/13/05).

  • EPA proposed to extend the dates by which non-transportation related onshore facilities must prepare and implement oil spill prevention, control, and countermeasure plans. 70 FR 73517 (12/12/05).

  • EPA proposed to amend its oil spill prevention, control, and countermeasure plan requirements to reduce the regulatory burden for certain regulated facilities. 70 FR 73523 (12/12/05).

WILDLIFE:



  • FWS listed the alligator snapping turtle and all species of map turtle in Appendix III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora in order to adequately monitor international trade in these species. 70 FR 74700 (12/16/05).

  • FWS designated and excluded approximately 17,418 acres of critical habitat for the Sonoma County distinct population segment of the California tiger salamander. 70 FR 74137 (12/14/05).

  • FWS designated zero acres of critical habitat for the Coachella Valley milk-vetch because all 17,746 acres of local, county, state, federal, and private lands containing features essential to the conservation of this species in Riverside County, California, are adequately protected or are exempted from critical habitat designation. 70 FR 74111 (12/14/05).

  • FWS designated approximately 597 acres of critical habitat for the threatened plant thread-leaved brodiaea in Los Angeles and San Diego counties, California. 70 FR 73819 (12/13/05).

  • FWS proposed to revise critical habitat for the endangered Perdido Key beach mouse and Choctawhatchee beach mouse and to designate critical habitat for the endangered St. Andrew beach mouse to create a total of approximately 6,208 acres of critical habitat for these species in Baldwin County, Alabama, and in Bay, Escambia, Gulf, Okaloosa, and Walton counties, Florida. 70 FR 74425 (12/15/05).

  • FWS proposed to designate approximately 6,662 acres of critical habitat for the Laguna Mountains skipper butterfly in San Diego County, California. 70 FR 73699 (12/13/05).

  • FWS announced its 90-day finding denying a petition to remove the gray wolf in Nevada from the list of threatened species under the ESA. 70 FR 73190 (12/9/05).

  • FWS announced the availability of its revised 12-month finding denying a petition to list the greater Adams Cave beetle and the lesser Adams Cave beetle under the ESA. 70 FR 72973 (12/8/05).

  • FWS announced the reinstatement of a proposed rule to list the flat-tailed horned lizard as a threatened species under the ESA. 70 FR 72776 (12/7/05).

  • FWS announced a 5-year review of greenback cutthroat trout under the ESA. 70 FR 74030 (12/14/05).

  • NOAA Fisheries announced the availability of an amendment to the Pacific Coast Groundfish Fishery Management Plan that describes and identifies essential fish habitat for the fishery and provides for the protection of this habitat. 70 FR 72777 (12/7/05).

  • NOAA Fisheries gave notice of vessel monitoring systems approved for use by vessels participating in the Rock Shrimp Fishery of the South Atlantic Region. 70 FR 72616 (12/6/05).

  • NOAA Fisheries announced it is considering whether to propose regulations to protect wild spinner dolphins in the main Hawaiian Islands from "take,'' as defined in the Marine Mammal Protection Act. 70 FR 73426 (12/12/05).

DOJ NOTICES OF SETTLEMENT:



  • United States v. Atlas Roofing Corp., No. CV 05-8180JFW (RZx) (C.D. Cal. Nov. 17, 2005). A settling CAA defendant must pay civil penalties totaling $368,400 and must cease all regulated expanded polystyrene foam operations at its manufacturing facility in Los Angeles, California, to resolve various permit violations at the facility. 70 FR 73029 (12/8/05).

  • United States v. Hinkle, No. A05-0111 CV (RRB) (D. Alaska Nov. 23, 2005). Settling CERCLA defendants must pay a civil penalty of $7,500 and must pay $241,000 in past response costs incurred at the River Terrace RV Park site in Soldotna, Alaska. 70 FR 73030 (12/8/05).

  • United States v. Summit Equipment & Supplies, Inc., No. 5:90CV1704 (N.D. Ohio, Nov. 22, 2005). Settling CERCLA defendants must pay $1.36 million in past and future response costs incurred at the Summit Equipment & Supplies, Inc., Superfund site in Akron, Ohio, and the U.S. Defense Logistics Agency must pay $1.48 million in past response costs incurred at the site. 70 FR 74032 (12/14/05).

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


THE CONGRESS

PUBLIC LAWS:



  • H.R. 126 (free roaming horses), which amends Public Law 89-366 to allow for an adjustment in the number of free roaming horses permitted in Cape Lookout National Seashore, was signed into law by President Bush on December 1, 2005. Pub. L. No.109-117, 151 Cong. Rec. D1255 (daily ed. Dec. 6, 2005).

  • H.R. 539 (national forests), which designates certain National Forest System land in the commonwealth of Puerto Rico as components of the National Wilderness Preservation System, was signed into law by President Bush on December 1, 2005. Pub. L. No. 109-118, 151 Cong. Rec. D1255 (daily ed. Dec. 6, 2005).

  • H.R. 1101 (wildlife refuge), which revokes a public land order with respect to certain lands erroneously included in the Cibola National Wildlife Refuge, California, was signed into law by President Bush on December 7, 2005. Pub. L. No. 109-127, 151 Cong. Rec. D1254 (daily ed. Dec. 12, 2005).

  • H.R. 2419 (appropriations), which makes appropriations for energy and water development for the fiscal year ending September 30, 2006, was signed into law by President Bush on November 19, 2005. Pub. L. No. 109-103, 151 Cong. Rec. D1254 (daily ed. Dec. 6, 2005).

CHAMBER ACTION:



  • S. 136 (Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act), which would authorize the Secretary of the Interior to provide supplemental funding and other services that are necessary to assist certain local school districts in the state of California in providing educational services for students attending schools located within Yosemite National Park, to authorize the Secretary of the Interior to adjust the boundaries of the Golden Gate National Recreation Area, and to adjust the boundaries of Redwood National Park, was passed by the House, clearing the measure for the President. 151 Cong. Rec. H11049-51 (daily ed. Dec. 6, 2005).

  • S. 212 (Valles Caldera Preservation Act of 2005), which would amend the Valles Caldera Preservation Act to improve the preservation of the Valles Caldera, was passed by the House, clearing the measure for the President. 151 Cong. Rec. H11045-46 (daily ed. Dec. 6, 2005).

  • H.R. 585 (Gateway Communities Cooperation Act), which would require federal land managers to support and to communicate, coordinate, and cooperate with designated gateway communities to improve the ability of gateway communities to participate in federal land management planning conducted by the U.S. Forest Service and agencies of the Department of the Interior and to respond to the impacts of the public use of the federal lands administered by these agencies, was passed by the House. 151 Cong. Rec. H11042-43 (daily ed. Dec. 6, 2005).

  • H.R. 1721 (Federal Water Pollution Control Act (FWPCA)), which would amend the FWPCA to reauthorize programs to improve the quality of coastal recreation waters, was passed by the House. 151 Cong. Rec. H11120-22 (daily ed. Dec. 7, 2005).

  • H.R. 3812 (Mokelumne River feasibility study), which would authorize the Secretary of the Interior to prepare a feasibility study with respect to the Mokelumne River, was passed by the House. 151 Cong. Rec. H11043-44 (daily ed. Dec. 6, 2005).

  • H.R. 3963 (FWPCA), which would amend the FWPCA to extend the authorization of appropriations for Long Island Sound, was passed by the House. 151 Cong. Rec. H11122-24 (daily ed. Dec. 7, 2005).

  • H.R. 4195 (Southern Oregon Bureau of Reclamation Repayment Act of 2005), which would authorize early repayment of obligations to the Bureau of Reclamation within Rogue River Valley Irrigation District or within Medford Irrigation District, was passed by the House. 151 Cong. Rec. H11044 (daily ed. Dec. 6, 2005).

COMMITTEE ACTION:



  • S. 158 (Long Island Sound) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-185, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would establish the Long Island Sound Stewardship Initiative.

  • S. 310 (irrigation district) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-188, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would direct the Secretary of the Interior to convey the Newlands Project Headquarters and Maintenance Yard Facility to the Truckee-Carson Irrigation District in the state of Nevada.

  • S. 362 (oceans) was reported by the Committee on Resources. S. Rep. No. 109-332 Pt. 1, 151 Cong. Rec. H11326 (daily ed. Dec. 8, 2005). The bill would establish a program within NOAA and the U.S. Coast Guard to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety, in coordination with non-federal entities.

  • S. 435 (Wild and Scenic Rivers Act) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-189, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would amend the Wild and Scenic Rivers Act to designate a segment of the Farmington River and Salmon Brook in the state of Connecticut for study for potential addition to the National Wild and Scenic Rivers System.

  • S. 1096 (Wild and Scenic Rivers Act) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-193, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would amend the Wild and Scenic Rivers Act to designate portions of the Musconetcong River in the state of New Jersey as a component of the National Wild and Scenic Rivers System.

  • S. 1165 (wildlife refuge) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-191, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would provide for the expansion of the James Campbell National Wildlife Refuge, Honolulu County, Hawaii.

  • S. 1310 (natural gas pipeline) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-194, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would authorize the Secretary of the Interior to allow the Columbia Gas Transmission Corporation to increase the diameter of a natural gas pipeline located in the Delaware Water Gap National Recreation Area.

  • S. 1400 (water) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-186, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would amend the Federal Water Pollution Control Act and the SDWA to improve water and wastewater infrastructure in the United States.

  • S. 1496 (migratory bird hunting stamps) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-187, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would direct the Secretary of the Interior to conduct a pilot program under which up to 15 states may issue electronic federal migratory bird hunting stamps.

  • S. 1578 (fish recovery implementation programs) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-196, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would reauthorize the Upper Colorado and San Juan River Basin endangered fish recovery implementation programs.

  • S. 1760 (irrigation district) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-197, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would authorize early repayment of obligations to the Bureau of Reclamation within Rogue River Valley Irrigation District or within Medford Irrigation District.

  • S. 1860 (Energy Policy Act of 2005) was reported by the Committee on Energy and Natural Resources. S. Rep. No. 109-198, 151 Cong. Rec. D1271 (daily ed. Dec. 12, 2005). The bill would amend the Energy Policy Act of 2005 to improve energy production and reduce energy demand through improved use of reclaimed waters, with an amendment in the nature of a substitute.

  • H.R. 452 (national parks) was reported by the Committee on Resources. H. Rep. No. 109-319, 151 Cong. Rec. H11108 (daily ed. Dec. 6, 2005). The bill would authorize the Secretary of the Interior to conduct a study to determine the suitability and feasibility of designating the Soldiers' Memorial Military Museum located in St. Louis, Missouri, as a unit of the National Park System.

  • H.R. 1090 (Forest Service trail) was reported by the Committee on Resources. H. Rep. No. 109-331, 151 Cong. Rec. H11326 (daily ed. Dec. 8, 2005). The bill would designate a Forest Service trail at Waldo Lake in the Williamette National Forest in the state of Oregon as a national recreation trail in honor of Jim Weaver, a former Member of the House of Representatives.

  • H.R. 1183 (wildlife refuges) was reported by the Committee on Resources. H. Rep. No. 109-320, 151 Cong. Rec. H11108 (daily ed. Dec. 6, 2005). The bill would require the Secretary of the Interior to provide public access to Navassa National Wildlife Refuge and Desecheo National Wildlife Refuge.

  • H.R. 1190 (reservoirs) was reported by the Committee on Resources. H. Rep. No. 109-321, 151 Cong. Rec. H11108 (daily ed. Dec. 6, 2005). The bill would direct the Secretary of the Interior to conduct a feasibility study to design and construct a four reservoir intertie system for the purposes of improving the water storage opportunities, water supply reliability, and water yield of San Vicente, EI Capitan, Murray, and Loveland Reservoirs in San Diego County, California, in consultation and cooperation with the City of San Diego and the Sweetwater Authority.

  • H.R. 3124 (natural gas pipeline) was reported by the Committee on Resources. H. Rep. No. 109-334, 151 Cong. Rec. H11332 (daily ed. Dec. 8, 2005). The bill would authorize the Secretary of the Interior to allow the Columbia Gas Transmission Corporation to increase the diameter of a natural gas pipeline located in the Delaware Water Gap National Recreation Area.

  • H.R. 3818 (Forest Service activities) was reported by the Committee on Resources. H. Rep. No. 109-325, 151 Cong. Rec. H11108 (daily ed. Dec. 6, 2005). A bill to authorize the Secretary of Agriculture to enter into partnership agreements with entities and local communities to encourage greater cooperation in the administration of U.S. Forest Service activities on and near National Forest System lands.

  • H.R. 3929 (Water Desalination Act of 1996) was reported by the Committee on Resources. H. Rep. No. 109-335, Pt. 1, 151 Cong. Rec. H11332-33 (daily ed. Dec. 8, 2005). A bill to amend the Water Desalination Act of 1996 to authorize the Secretary of the Interior to assist in research and development, environmental and feasibility studies, and preliminary engineering for the Municipal Water District of Orange County, California, Dana Point Desalination Project located at Dana Point, California.

  • H.R. 4192 (national parks) was reported by the Committee on Resources. H. Rep. No. 109-322, 151 Cong. Rec. H11108 (daily ed. Dec. 6, 2005). The bill 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.

  • H.R. 4195 (irrigation districts) was reported by the Committee on Resources. H. Rep. No. 109-323, 151 Cong. Rec. H11108 (daily ed. Dec. 6, 2005). The bill would authorize early repayment of obligations to the Bureau of Reclamation within Rogue River Valley Irrigation District or within Medford Irrigation District.

BILLS INTRODUCED:



  • S. 2099 (Reid, D-Nev.) (Nuclear Waste Policy Act of 1982) would amend the Nuclear Waste Policy Act of 1982 to require commercial nuclear utilities to transfer spent nuclear fuel from spent nuclear fuel pools into spent nuclear fuel dry casks and convey to the Secretary of Energy title to all spent nuclear fuel thus safely stored. 151 Cong. Rec. S13570 (daily ed. Dec. 14, 2005). The bill was referred to the Committee on Environment and Public Works.

  • S. 2102 (Allard, R-Colo.) (Cache La Poudre River Corridor Act) would amend the Cache La Poudre River Corridor Act to designate a new management entity, make certain technical and conforming amendments, and enhance private property protections. 151 Cong. Rec. S13570 (daily ed. Dec. 14, 2005). The bill was referred to the Committee on Energy and Natural 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
Iowa
New York
Texas

Florida
Maine
Ohio
Virginia

Idaho
New Jersey
Rhode Island
Washington

Indiana
New Mexico
Tennessee
Wisconsin

 
 
 
Wyoming

CALIFORNIA


Air:



  • The Air Resources Board's Draft Emission Reduction Plan for Ports and International Goods Movement is now available for public review and comment. The plan is an essential component of California's effort to reduce community exposure to air pollution and to meet new federal air quality standards for ozone and fine particulate matter (PM2.5).  This effort is also the next step in implementing the Goods Movement Action Plan developed by the California Business, Transportation, and Housing Agency and the California Environmental Protection Agency. See http://www.arb.ca.gov/planning/gmerp/gmerp.htm

  • The Air Resources Board will conduct a public hearing to consider the adoption of a regulatory amendment identifying environmental tobacco smoke (ETS) as a toxic air contaminant (TAC). In addition to identifying ETS as a TAC, the proposed regulatory amendment specifies that there is not sufficient available scientific evidence to support the designation of a threshold exposure level to ETS below which no significant adverse health effects are anticipated. The public hearing will be held January 26, 2006. See http://www.arb.ca.gov/regact/ets2006/notice.pdf

  • The South Coast Air Quality Management District is proposing amendments to Rule 1107, Coating of Metal Parts and Products. The air quality objective of the proposed amendment is to allow for the limited use of high-volatile organic compound liquid photoresist coatings. Written comments are due December 27, 2005. A public hearing will be held January 6, 2006. See http://www.aqmd.gov/pub_edu/nph_1107_Jan_6_06.html

Toxic Substances:



  • Notice of Additional Modifications to Text of Proposed Regulation Title 22, California Code of Regulations, Section 12900. The Office of Environmental Health Hazard Assessment (OEHHA) has reviewed the comments it received regarding proposed amendments to the regulation and is proposing additional revisions. OEHHA will accept written comments on these amendments to the proposed regulation between December 16, 2005, and January 9, 2006. See http://oehha.org/prop65/law/final12900.html

  • The following chemicals were listed, effective December 2, 2005, as known to the state of California to cause reproductive toxicity: butyl benzyl phthalate (CAS No. 85 68-7), di-n-butyl phthalate (CAS No. 84-74-2), and di-n-hexyl phthalate (CAS No. 84-75-3). The listing of these chemicals is based on formal identification by an authoritative body, in this case, the National Toxicology Program, in final reports of the National Toxicology Program's Center for the Evaluation of Risks to Human Reproduction, which conclude that the chemicals cause reproductive toxicity. See http://oehha.org/prop65/prop65_list/120205list.html

  • Regulations for the Emergency Orphan Site Cleanup Account (OSCA) Program became effective November 28, 2005. The OSCA Program provides grants to "brownfield" sites contaminated by petroleum underground storage tanks where there is no financially responsible party. http://www.waterboards.ca.gov/cwphome/ustcf/osca.html

FLORIDA


Water:



  • The Department of Environmental Protection will hold a public hearing on January 11, 2006, to receive comment and take action on management of the FY 2006 State Revolving Fund loan priority list for water facilities under Chapter 62-503, F.A.C., and management of the Financially Disadvantaged Small Community grant priority list under Chapter 62-505, F.A.C. See http://tlhora6.dep.state.fl.us/onw/publications/2-mtg-12-9-05-INT.pdf

  • The Department of Environmental Protection announces the publication of an Intent to Adopt a Rule under the federal fast track rulemaking of Section 403.8055, F.S., to incorporate by reference U.S. EPA's federal regulation for certain Class I municipal underground injection control (UIC) wells in parts of Florida. The federal rule will be in effect on December 22, 2005. The Department is adopting and incorporating that federal rule. The rule amends current UIC requirements by providing a regulatory alternative to owners and operators of existing Class I municipal disposal wells that have caused or may cause unauthorized movement of fluid into an underground source of drinking water in certain counties. Written comments are due within 21 days of this notice dated December 2, 2005. See http://tlhora6.dep.state.fl.us/onw/publications/8-ADOPTUIC62528-12-2-05-INT.pdf

Wildlife:



IDAHO


Water:




  • The Department of Environmental Quality has initiated rulemaking to allow public drinking water systems the flexibility to use point of use treatment technology for treating some chemical contaminants such as arsenic. The rule will exempt small public drinking water systems from the requirement in Idaho Code §39-118 to submit engineering plan and specifications if they serve less than 200 service connections and submit technical and managerial documentation to the Department. The rule also allows public drinking water systems serving over 200 service connections the option to apply to the state for a waiver of the engineering plan and specification requirements. Comments are due February 1, 2006. See http://www.deq.idaho.gov/rules/drinking_water/58_0108_0601_temporary_proposed.cfm


  • The Department of Environmental Quality proposed rulemaking to revise the Rules for Administration of Water Pollution Control Loans to allow the Department to collect a fee in the form of a percentage of each loan. The fees collected will be used to provide funds for loan program administration. The actual interest rate charged on state revolving fund (SRF) loans will be reduced by the amount of the fee charged so that there is no cost to the communities using the SRF loans. Comments are due February 1, 2006. See http://www.deq.idaho.gov/rules/water_pollution_control_loans/58_0112_0501_temporary_proposed.cfm

INDIANA


Air:



  • The Air Pollution Control Board amended 326 IAC 6.8-2-4 (formerly 326 IAC 6-1-10.1) concerning particulate matter emission limitations (PM10) for coil manufacturing processes at ASF-Keystone, Inc., located in Hammond, Indiana. Adopted August 3, 2005. See http://www.in.gov/legislative/register/Vol29/03Dec/02F326040278.PDF

  • The Air Pollution Control Board amended 326 IAC 1-1-3 to update any references to the Code of Federal Regulations in Title 326 to mean the July 1, 2004, edition. It also amended 326 IAC 1-1-3.5 to update Compilation of Air Pollution Factors AP-42 and Supplements (AP-42) to the year 2004. Adopted October 14, 2005. See http://www.in.gov/legislative/register/Vol29/03Dec/02F326040299.PDF

  • The Air Pollution Control Board amended 326 IAC 1-2-33.5, 326 IAC 1-2-48, and 326 IAC 1-2-90 for the purpose of incorporating by reference federal exclusions of volatile organic compounds and federally delisted hazardous air pollutants from their current corresponding definitions. Adopted October 20, 2005. See http://www.in.gov/legislative/register/Vol29/03Dec/02F326050079.PDF

  • The Air Pollution Control Board amended 326 IAC 19-2-1 by incorporating by reference 69 Fed. Reg. 40072 for the purpose of updating the transportation conformity rules. Adopted August 3, 2005. See http://www.in.gov/legislative/register/Vol29/03Dec/02F326050080.PDF

  • The Air Pollution Control Board corrected typographical errors in the Indiana Administrative Code, 2005 edition. See http://www.in.gov/legislative/register/Vol29/03Dec/03ER326050316.PDF

  • The Air Pollution Control Board gives notice that the date of the public hearing for consideration of preliminary adoption of LSA Document #04-279(APCB), printed at 29 IR 152, has been changed. The public hearing will now be held on February 1, 2006. See http://www.in.gov/legislative/register/Vol29/03Dec/07CH326040279.PDF

  • The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new rule 326 IAC 20-95 concerning the incorporation of NESHAPS for industrial, commercial, and institutional boilers and process heaters. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking. A public hearing will be held March 1, 2006. See http://www.in.gov/legislative/register/Vol29/03Dec/11ID326050023.PDF

  • The Indiana Department of Environmental Management (IDEM) has developed draft rule language for new article 24 that contains three new rules: 326 IAC 24-1, Clean Air Interstate Rule Nitrogen Oxides Annual Trading Program; 326 IAC 24-2, Clean Air Interstate Rule Sulfur Dioxide Annual Trading Program; and 326 IAC 24-3, Clean Air Interstate Rule Nitrogen Oxides Ozone Season Trading Program. The language also contains a new rule, 326 IAC 10-4-16, concerning nitrogen oxide and sulfur dioxide emissions from fossil fuel-fired power plants and nitrogen oxide emissions from large non-electric generating units. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking. A public hearing will be held April 5, 2006. See http://www.in.gov/legislative/register/Vol29/03Dec/11ID326050117.PDF

  • The Indiana Department of Environmental Management has developed draft rule language for amendments to 326 IAC 8-3 concerning volatile organic compounds in organic solvent degreasers in Central Indiana. A public hearing will be held March 1, 2006. See http://www.in.gov/legislative/register/Vol29/03Dec/11ID326050165.PDF

  • The Indiana Department of Environmental Management is soliciting public comment on amendments to 326 IAC 3 concerning compliance monitoring and 326 IAC 7-2 concerning sulfur dioxide compliance requirements. Comments are due January 2, 2006. See http://www.in.gov/legislative/register/Vol29/03Dec/11ID326050330.PDF

  • The Indiana Department of Environmental Management has developed draft rule language for amendments to 326 IAC 1-4-1 concerning the redesignation of Lake County to attainment for sulfur dioxide and the revocation of the one-hour ozone standard for all areas in Indiana and has scheduled a public hearing before the Air Pollution Control Board for consideration of preliminary adoption of these rules. A public hearing will be held February 1, 2006. See http://www.in.gov/legislative/register/Vol29/03Dec/11ID326050331.PDF

  • The Indiana Department of Environmental Management is soliciting public comment on new rule 326 IAC 4-3 concerning regulation of emissions from outdoor furnaces and outdoor boilers. Comments are due January 3, 2006. See http://www.in.gov/legislative/register/Vol29/03Dec/11ID326050332.PDF

Hazardous & Solid Wastes:



Water:



  • The Indiana Department of Environmental Management has developed draft rule language for amendments to 327 IAC 8-2-8.2, 327 IAC 8-11-1, and 327 IAC 8-12 concerning drinking water standards sanitary surveys, water purification or treatment works operation and requirements, minor corrections to classification of water and wastewater treatment plants and distribution systems, examination and certification of operators, and definitions. Further amendments are being made to 327 IAC 8-2.5-6, 327 IAC 8-2.5-7, 327 IAC 8-2.5-8, 327 IAC 8-2.5-9, and 327 IAC 8-2.6-6 to incorporate minor corrections to monitoring, compliance, reporting, and recordkeeping requirements for disinfectants, disinfection byproducts, and filter backwash recycling rules. Draft rule language for new rules has been added concerning the requirements for a site-specific operator and the examination of applicants to become a site-specific operator. A public hearing will be held February 8, 2006. See http://www.in.gov/legislative/register/Vol29/03Dec/11ID327050255.PDF

  • The Indiana Department of Environmental Management has developed draft rule language for amendments to concentrated animal feeding operations at 327 IAC 5-4-3, 327 IAC 15-15-11, and 327 IAC 15-15-12. A public hearing will be held January 11, 2006. See http://www.in.gov/legislative/register/Vol29/03Dec/11ID327050322.PDF

Wildlife:



  • The Natural Resources Commission issued an emergency regulation that temporarily amends 312 IAC 18-3-18 pertaining to entomology and plant pathology to regulate the emerald ash borer (Agrilus planipennis) as a pest or pathogen, to provide standards for quarantine in Lima Township and Newbury Township in LaGrange County, and Root Township and Washington Township in Adams County, which are infested with the species. It Repeals LSA Document #05-212(E), printed at 28 IR 3608, that established quarantine for Lima Township and Newbury Township in LaGrange County, exclusively. Effective October 17, 2005. See http://www.in.gov/legislative/register/Vol29/03Dec/06E312050307.PDF

  • The Natural Resources Commission issued an emergency regulation that temporarily amends 312 IAC 9 concerning the taking of raccoons at several state parks. Effective October 17, 2005. See http://www.in.gov/legislative/register/Vol29/03Dec/06E312050308.PDF

  • The Natural Resources Commission temporarily amended 312 IAC 18-3-18 and LSA Document #05-307(E) pertaining to entomology and plant pathology that regulates the emerald ash borer (Agrilus planipennis) as a pest or pathogen, by applying standards for quarantine to White River Township in Randolph County, which is infested with the species. Effective October 31, 2005. See http://www.in.gov/legislative/register/Vol29/03Dec/06E312050317.PDF

IOWA


Land Use:



  • The Division of Soil Conservation announced its intention to amend Chapter 11, Conservation Practices Revolving Loan Fund, Iowa Administrative Code. The amendments define the roles and responsibilities of financial partners within the conservation practices revolving loan fund, revise the loan fund allocation process, and provide clarification to the existing rules. These amendments do not contain a waiver provision but are subject to the Division's general waiver requirements. Written comments are due January 10, 2006. A public hearing will be held January 10, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB051207.pdf (p. 930)

  • The Division of Soil Conservation amended Chapter 11, Conservation Practices Revolving Loan Fund, Iowa Administrative Code. These amendments define the roles and responsibilities of financial partners within the conservation practices revolving loan fund, revise the loan fund allocation process, and provide clarification to the existing rules. Emergency Rule. Adopted November 16, 2005. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB051207.pdf (p. 934)

Wildlife:



  • Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission announced its intent to amend Chapter 94, Nonresident Deer Hunting, Iowa Administrative Code. Chapter 94 gives the regulations for hunting deer and includes season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of taking, and transportation tag requirements. These amendments will require nonresidents who purchase an any-deer license to also purchase an antlerless-only deer license. Any interested person may make written suggestions or comments on the proposed amendments on or before January 11, 2006. A public hearing will be held on January 11, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB051207.pdf (p. 914).

  • The Natural Resource Commission announced its intent to rescind Chapter 114, Nuisance Wildlife Control, Iowa Administrative Code, and to adopt a new Chapter 114 with the same title. Chapter 114 explains provisions for allowing private individuals to handle nuisance wildlife complaints. The new chapter adds rules to permit private individuals, organizations, businesses, and public agencies to engage in lethal control practices and trap and translocation programs to control injurious or overabundant Canada geese. Any interested person may make written suggestions or comments on the proposed amendment on or before January 11, 2006. A public hearing will be held January 11, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB051207.pdf (p. 917)

  • The Natural Resource Commission amended Chapter 81, Fishing Regulations, Iowa Administrative Code. The amendment prohibits snagging of fish in the Des Moines River below the two dams in Fort Dodge and from the Ventura Grade, Jetty, and Bridge in Clear Lake and Ventura Marsh. This amendment is intended to implement Iowa Code sections 481A.38, 481A.39, 481A.67, and 481A.76. This amendment will become effective January 11, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB051207.pdf (p. 948)

  • The Natural Resource Commission amended Chapter 86, Turtles, Iowa Administrative Code. The amendments remove map turtles from the list of permissive catch, prohibit the harvest of turtle eggs from wild nests, and modify the language pertaining to the escape hole on turtle traps to ensure that the escape hole is functional. These amendments are intended to implement Iowa Code sections 482.1 and 482.11. These amendments will become effective January 11, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB051207.pdf (p. 949)

  • The Natural Resource Commission amended Chapter 87, Mussel Regulations, Iowa Administrative Code. The amendment closes the commercial harvest of mussels in the waters of the Mississippi River common with the state of Wisconsin. This amendment is intended to implement Iowa Code sections 482.1 and 482.12. This amendment will become effective January 11, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB051207.pdf (p. 949)

MAINE


General:



  • The Department of Environmental Protection adopted Chapter 685, Payment and Reimbursement of Oil Transfer Fees. Chapter 685 describes how to pay the oil transfer fees imposed under Title 38, sections 551(4) and 569-A(5), of the Maine Revised Statutes Annotated. These laws impose a fee on each barrel of oil offloaded from an oil tanker or brought into the state by road or rail. The fees are deposited in the Maine Coastal and Inland Surface Oil Clean-up Fund and the Ground Water Oil Cleanup Fund to pay costs incurred by the Department of Environmental Protection in carrying out its responsibility to prevent and clean up oil spills. Effective November 28, 2005. See http://www.maine.gov/sos/cec/rules/notices/2005/120705.htm

NEW JERSEY


Water:



  • The Department of Environmental Protection proposed to readopt, with amendments, the Highlands Water Protection and Planning Act rules, N.J.A.C. 7:38. A public hearing will be held January 25, 2006. Written comments are due February 17, 2006. See http://www.nj.gov/dep/rules/notices/121905.htm

NEW MEXICO


Hazardous & Solid Wastes:



  • The Environmental Improvement Board will hold a public hearing beginning on January 3, 2006, and continuing thereafter as necessary to consider the repeal and replacement of the Solid Waste Management regulations, 20.9.1 NMAC. The New Mexico Environment Department is the proponent of the proposed replacement regulation. See http://www.nmenv.state.nm.us/eib/EIB_Petition_SWB_20_9_1.pdf

NEW YORK


Air:



OHIO


Air:




  • The Ohio Environmental Protection Agency proposed to amend regulations concerning the control of emissions of volatile organic compounds from stationary sources and perchloroethylene from dry cleaning facilities. 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. Written comments are due December 7, 2005. Public hearings will be held December 7, 2005. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_28065_20051028_0914.pdf

  • Notice is hereby given that the Ohio Environmental Protection Agency, Division of Air Pollution Control, has performed a five-year rule review of OAC rules 3745-24-01, 3745-24-02, 3745-24-03, 3745-24-04. The Division of Air Pollution Control found the rules to be necessary but with need for changes. The Division proposed to concurrently rescind and propose as new OAC rules 3745-24-01, Definitions; 3745-24-02, Applicability; 3745-24-03, Deadlines for the submission of the emission statements; and 3745-24-04, Emission statement requirements. The Ohio Environmental Protection Agency decided to rescind each rule as part of rulemaking process because over half of each rule is being changed or eliminated. Each rule is then also being proposed as new rule. Effective December 12, 2005. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_26643_20050804_0809.pdf

Hazardous & Solid Wastes:



  • The Director of Environmental Protection, under the authority of Section 3734.02 of the Ohio Revised Code and in accordance with Chapter 119, proposes to original file the following rules of the OAC rules: 3745-30-01, Definitions; 3745-30-03, Residual waste characterization; 3745-30-04, Residual waste landfill classification; 3745-30-08, Groundwater monitoring program; and 3745-30-14, Operation of residual waste landfill facilities. These rules address residual solid waste regulations. The purpose of this rulemaking is to incorporate requirements for disposal of wastes generated from the manufacture of clay and shale products. A public hearing will be held January 4, 2006. Written comments are due January 4, 2006. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_28542_20051205_1500.pdf

RHODE ISLAND


Hazardous & Solid Wastes:



  • The Department of Environmental Management proposed to amend the rules and regulations for hazardous waste management. It also gave notice of his intent to hold a public hearing to receive public comment on the proposed amended rules and regulations and to afford interested parties an opportunity to submit data, views, or arguments orally and/or in writing on the proposed amendments. The public hearing will be held on January 6, 2006. Written comments are due January 13, 2006. See http://www.dem.ri.gov/programs/benviron/compinsp/oildraft.htm

TENNESSEE


Water:




  • The Division of Water Pollution Control announced the availability of Tennessee's proposed TMDLs for pathogens in the South Fork Cumberland watershed, located in middle Tennessee. Persons wishing to comment on the proposed TMDLs are invited to submit their comments in writing no later than January 16, 2006. See http://www.state.tn.us/environment/wpc/tmdl/PineCrkPathPN.php


TEXAS


Air:



  • The Texas Commission on Environmental Quality announced that it will hold a public hearing on revisions to the Texas low emission diesel rules. The revisions address concerns raised by EPA during its review of the state's recent TxLED rule revision (March 9, 2005) as well as minor changes to rule references in sections of the rule that were not revised in the rule revision. The revisions would also address concerns raised by EPA regarding the commission's consideration of TxLED Alternative Emission Reduction Plans. Changes may need to be made to all subsections of the rule to fully accommodate an SIP revision. The public hearing will be held January 10, 2006. Comments are due January 17, 2006. See http://www.tceq.state.tx.us/assets/public/legal/rules/hearings/05063114_phn.pdf

VIRGINIA


Air:



Water:



WASHINGTON


Air:



  • The Department of Ecology announced the adoption of Ch. 173-423 WAC, Low Emission Vehicles, effective January 1, 2006. This new chapter of the Washington Administrative Code implements ESHB 1397 by adopting specific California emission standards by reference, establishing that the requirements begin with the 2009 model year, establishing certain exemptions, providing for a phase-in of the requirements, and establishing reporting, compliance, and enforcement procedures that affect automobile manufacturers and dealers. See http://www.ecy.wa.gov/pubs/0502031.pdf

WISCONSIN


Air:



  • The Department of Natural Resources will hold a public hearing on January 18, 2006, on revisions to chs. NR 439, 460, 462, and 484, Wis. Adm. Code. The proposed rule will incorporate federal changes to the NESHAPs for industrial, commercial, and institutional boilers and process heaters promulgated by U.S. EPA on September 13, 2004, into ch. NR 463 and make the state rule consistent with the federal rule. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html#hearings

Wildlife:



WYOMING


Water:



  • The Water Quality Division is proposing to reclassify three drainages to Crazy Woman Creek and their tributaries (Kennedy Oil South Area Addition) located approximately 45 miles west of Gillette, Wyoming, in the Powder River Basin. This action will change the water quality classification from 3B to 4B. This reclassification action applies to the mainstem and tributaries of Morris Draw and two unnamed drainages. Written comments are due December 20, 2005. See http://deq.state.wy.us/wqd/surfacestandards/Downloads/Kennedy/Kennedy_Annex-PN.pdf

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


INTERNATIONAL

PHILIPPINO GOVERNMENT CANCELS FORESTRY CONTRACTS:



  • The Philippino Department of Environment and Natural Resources has terminated 276 forestry contracts with timber companies that are not fulfilling the terms of their contracts. Contract violations include poor reforestation performance, forest abandonment, and failure to take preventive forest fire measures. The canceled contracts are held by timber plantation operators and organized communities that use forest resources to maintain a living in exchange for implementing forest conservation programs. See http://www.sunstar.com.ph/static/bag/2005/12/15/news/environment.cancels.276.forestry.deals.html

800 SPECIES FACE IMMINENT EXTINCTION GLOBALLY:



  • Thirteen conservation groups, including Conservation International and the American Bird Conservancy, have identified 595 sites worldwide that contain at least one endangered or critically endangered species. Most of the sites are located in the tropics and developing countries and are often the only place where a threatened species is found. The alliance of conservation groups is calling for conservation of the key sites, warning that within a few decades many species could be extinct. See http://news.bbc.co.uk/1/hi/sci/tech/4522044.stm

DAMS IN BURMA TO DISPLACE LOCAL TOWNS:



  • Plans to construct a series of dams on the Salween River along the border between Burma and Thailand will flood 200 acres of farmland and 68 villages according to a local nongovernmental organization. The purpose of the dams is to ease water shortages in Thailand, help Thailand establish a power grid in the region, and provide much-needed income for Burma. Critics claim the dams will fail to produce the expected amount of energy, destroy the livelihoods of local populations, and cause unknown environmental damage. See http://www.mizzima.com/mizzima/archives/nf/2005/Dec-2005/15-Dec-05-01.htm

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


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