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Weekly Update Volume 36, Issue 11

04/17/2006

LITIGATION

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

CONSTITUTIONAL LAW, SUPREMACY CLAUSE, WOLF REINTRODUCTION:

The Tenth Circuit upheld the dismissal of state misdemeanor trespass and littering claims against a federal officer and contractor involved in the federal reintroduction of wolves in Wyoming. The officer and contractor were charged with the misdemeanors after they unknowingly entered private property in the course of tranquilizing and installing collar monitoring devices on wolves that had strayed from their proper territory. The lower court correctly dismissed these claims because the officer and contractor enjoy immunity from state prosecution under the Supremacy Clause. The defendants had federal authorization for the capture and collar operation that led to their indictments. Moreover, they had a well-founded basis to believe that they were not committing criminal trespass and, thus, that their entry on the land was an objectively reasonable mode of carrying out their federal duties. The court also commented that the evidence supports a suspicion that the prosecution was not a bona fide effort to punish a violation of state law, but rather an attempt to hinder a locally unpopular federal program. Wyoming v. Livingston, Nos. 04-8085, -8087, 36 ELR 20071 (10th Cir. Apr. 7, 2006) (43 pp.).

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

The Tenth Circuit upheld a lower court decision that a 123-acre timber-thinning project to treat beetle-infested trees in Utah's Fishlake National Forest complied with NEPA, the NFMA, and the APA. An environmental group argued that the U.S. Forest Service failed to consider the project's cumulative impacts on fish and wildlife, but the project fell within the general confines of a categorical exclusion for small acreage timber-thinning projects. And since there were no extraordinary circumstances present, an EA was not required. Nor did the Forest Service violate the Fishlake forest plan by failing to collect adequate data for management indicator species. The forest plan's monitoring requirements do not apply to categorically excluded projects, and even if they did apply, the Forest Service collected adequate population trend data. Last, the lower court did not err in using the Forest Service's 2002 planning rules instead of the 1982 planning rules in evaluating the project. Utah Environmental Congress v. Bosworth, No. 05-4102, 36 ELR 20072 (10th Cir. Apr. 7, 2006) (41 pp.).

MINING, RECLAMATION PLANS, FINANCIAL ASSURANCES:

A California appellate court upheld a state mining board regulation that requires the Director of the Department of Conservation to concur in any lead agency determination that a mine operator has fulfilled the terms of his reclamation plan and that the financial assurance instruments securing his obligation to reclaim lands may be released. Pursuant to court precedent, the Director has both the authority and responsibility to ensure that mined lands are reclaimed in accordance with an approved reclamation plan and that financial assurances are not released prematurely. Moreover, because the legislature granted the board express authority to determine the circumstances under which no financial assurances need be posted to ensure reclamation of mined lands, it logically follows that it also intended the board to have the implied authority to issue regulations that pertain to the circumstances under which financial assurances already in place may be lifted upon the completion of reclamation. The regulation, therefore, falls within the state mining board's authority and is consistent with the California Surface Mining and Reclamation Act. Mineral Ass'ns Coalition v. State Mining & Geology Board, No. C049201, 36 ELR 20070 (Cal. App. 3d Dist. Apr. 12, 2006) (25 pp.).

RCRA, STATE PRIMACY, NOTICE:

An administrative law judge (ALJ) denied a motion to dismiss EPA claims against a hazardous waste facility under RCRA for failing to adequately train employees, failing to prepare an evacuation plan, and failing to obtain necessary permits, among other things. The facility argued that EPA's claims should be dismissed because the Agency failed to give prior notice of the alleged violations to the state of Minnesota as required by RCRA §3008(a)(2). But a complete review of the record demonstrates that the state had more than adequate notice of the violations alleged in EPA's complaint before the case was filed and that the state was given more than an adequate opportunity to act on "its primacy RCRA enforcement role as an authorized state" had it wished to do so. The ALJ, therefore, denied the facility's motion. In re Minnesota Metal Finishing, Inc., No. 05-2005-0013, 36 ELR 47868 (EPA ALJ Mar. 15, 2006) (18 pp.).

RCRA, MOTIONS TO AMEND:

An administrative law judge (ALJ) granted EPA's motion for leave to amend its complaint against the owner and operator of a hazardous waste facility for various RCRA violations. In its motion, EPA sought to revise its allegations that the facility failed to adequately train certain of its employees and maintain employee records. EPA also sought to amend its penalty demands. The ALJ granted EPA's motion because there was no evidence that EPA's proposed amendments would cause undue delay in the proceeding or undue prejudice to the respondent, that the amendments were motivated by bad faith or a dilatory motive, or that they were futile. In re Minnesota Metal Finishing, Inc., No. 05-2005-0013, 36 ELR 47867 (EPA ALJ Mar. 17, 2006) (6 pp.).

Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.

THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register (FR).

AIR:

  • EPA exempted entities that import aircraft fire extinguishing spherical pressure vessels containing halon-1301 (aircraft halon bottles) for hydrostatic testing from the import petitioning requirements for used controlled substances. 71 FR 18219 (4/11/06).
  • EPA proposed to exempt entities that import aircraft halon bottles for hydrostatic testing from the import petitioning requirements for used controlled substances; see above for direct final rule. 71 FR 18259 (4/11/06).
  • EPA proposed to allocate essential use allowances for the import and production of class I stratospheric ozone depleting substances for calendar year 2006; the proposed allocations total 1,002.40 metric tons of chlorofluorocarbons for use in metered dose inhalers. 71 FR 18262 (4/11/06).
  • SIP Approvals: Arizona (sulfur emissions from copper smelters) 71 FR 18624 (4/12/06). California (particulate matter with a diameter of 10 microns or less (PM10) and volatile organic compound (VOC) emissions) 71 FR 18216 (4/11/06). Missouri (NAAQS for lead) 71 FR 19432 (4/14/06). Tennessee (revisions to VOC definition) 71 FR 19124 (4/13/06).
  • SIP Withdrawal: California (Yolo-Solano air quality management district) 71 FR 18219 (4/11/06).
  • SIP Proposals: Arizona (sulfur emissions from copper smelters; see above for direct final rule) 71 FR 18689 (4/12/06). California (PM10 and VOC emissions; see above for direct final rule) 71 FR 18258 (4/11/06). Missouri (construction permits) 71 FR 19467 (4/14/06). Tennessee (revisions to VOC definition; see above for direct final rule) 71 FR 19155 (4/13/06).

HAZARDOUS WASTE:

  • EPA authorized revisions to Washington's hazardous waste program under RCRA. 71 FR 19442 (4/14/06).
  • EPA proposed to authorize revisions to Washington's hazardous waste program under RCRA; see above for immediate final rule. 71 FR 19470 (4/14/06).
  • EPA proposed to authorize revisions to Oregon's hazardous waste program under RCRA. 71 FR 19471 (4/14/06).

PESTICIDES:

  • EPA approved Pennsylvania's and Virginia's amended plans for the certification of applicators of restricted use pesticides. 71 FR 18328 (4/11/06).

RADIOACTIVE WASTE:

  • EPA recertified that DOE's Waste Isolation Pilot Plant complies with environmental standards for the management and disposal of spent nuclear fuel and high-level and transuranic radioactive waste. 71 FR 18010 (4/10/06).

TOXIC SUBSTANCES:

  • EPA revoked or amended the TSCA §4 testing requirements for certain chemical substances under the in vitro dermal absorption rate testing rule. 71 FR 18650 (4/12/06).

WATER:

  • EPA announced the availability of new data supporting approval of an additional analytical method for measuring E. coli and other microbiological pollutants in wastewater and sewage sludge. 71 FR 18329 (4/11/06).

WILDLIFE:

  • FWS designated critical habitat for the California red-legged frog in several counties throughout California. 71 FR 19243 (4/13/06).
  • FWS removed the Arizona distinct population segment of the cactus ferruginous pygmy-owl from the federal list of endangered and threatened wildlife. 71 FR 19452 (4/14/06).
  • FWS proposed to designate critical habitat for the Suisun thistle in Solano County, California, and soft bird's-beak in Contra Costa, Napa, and Solano counties in California. 71 FR 18455 (4/11/06).
  • FWS announced that the draft recovery plan for the Chiricahua Leopard Frog is available for public review. 71 FR 18767 (4/12/06).
  • FWS announced that a final comprehensive conservation plan and FONSI for Crocodile Lake National Wildlife Refuge in Monroe County, Florida, are available for distribution. 71 FR 18345 (4/11/06).
  • FWS announced the initiation of a five-year review of 70 species in Guam, Hawaii, Idaho, Oregon, and Washington, to ensure that the classification of a species as threatened or endangered is accurate and consistent with the best scientific and commercial data currently available. 71 FR 18345 (4/11/06).
  • NMFS renewed the affirmative finding for the Republic of Ecuador under the Marine Mammal Protection Act that will allow yellowfin tuna harvested in the Eastern Tropical Pacific Ocean to be imported into the United States. 71 FR 19481 (4/14/06).

DOJ NOTICE OF SETTLEMENT:

  • United States v. Dravo Corp., No. 8:01-cv-500 (D. Neb. Mar. 31, 2006). Settling CERCLA defendants must pay $7.3 million in partial reimbursement of past response costs incurred and to be incurred at the Colorado Avenue subsite of the Hastings Groundwater Contamination Superfund site in Adams County, Nebraska, must continue to implement and complete implementation of several components of the interim remedy selected by EPA for the subsite, must pay EPA's oversight costs, and must spend approximately $3.5 million for interim work performed at the subsite. 71 FR 19205 (4/13/06).

Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.

THE CONGRESS

BILLS INTRODUCED:

  • S. 2561 (Domenici, R-N.M.) (Water 2025 Program) would authorize the Secretary of the Interior to make available cost-shared grants and enter into cooperative agreements to further the goals of the Water 2025 Program by improving water conservation, efficiency, and management in the reclamation states. 152 Cong. Rec. S3211 (daily ed. Apr. 6, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2565 (Jeffords, I-Vt.) (national forests) would designate certain National Forest System land in the state of Vermont for inclusion in the National Wilderness Preservation System and designate a National Recreation Area. 152 Cong. Rec. S3211 (daily ed. Apr. 6, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 2567 (Boxer, D-Cal.) (public lands) would maintain the rural heritage of the Eastern Sierra and enhance the region's tourism economy by designating certain public lands as wilderness and certain rivers as wild and scenic rivers in the state of California. 152 Cong. Rec. S3211 (daily ed. Apr. 6, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2568 (Sarbanes, D-Md.) (national trails) would amend the National Trails System Act to designate the Captain John Smith Chesapeake National Historic Trail. 152 Cong. Rec. S3211 (daily ed. Apr. 6, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2569 (Hatch, R-Utah) (public lands) would authorize western states to make selections of public land within their borders in lieu of receiving 5% of the proceeds of the sale of public land lying within those states as provided by their respective Enabling Acts. 152 Cong. Rec. S3211 (daily ed. Apr. 6, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2584 (Salazar, D-Colo.) (Healthy Forests Restoration Act of 2003) would amend the Healthy Forests Restoration Act of 2003 to help reduce the increased risk of severe wildfires to communities in forested areas affected by infestations of bark beetles and other insects. 152 Cong. Rec. S3212 (daily ed. Apr. 6, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2589 (Domenici, R-N.M.) (radioactive waste) would enhance the management and disposal of spent nuclear fuel and high-level radioactive waste to ensure the protection of public health and safety and the territorial integrity and security of the repository at Yucca Mountain. 152 Cong. Rec. S3212 (daily ed. Apr. 6, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • H.R. 5136 (Hall, R-Tex.) (NOAA) would establish a National Integrated Drought Information System within NOAA to improve drought monitoring and forecasting capabilities. 152 Cong. Rec. H1678 (daily ed. Apr. 6, 2006). The bill was referred to the Committee on Science.
  • H.R. 5149 (McKeon, R-Cal.) (public lands) would maintain the rural heritage of the Eastern Sierra and enhance the region's tourism economy by designating certain public lands as wilderness and certain rivers as wild and scenic rivers in the state of California. 152 Cong. Rec. H1678 (daily ed. Apr. 6, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5157 (Sanders, I-Vt.) (national forests) would designate certain National Forest System land in the state of Vermont for inclusion in the National Wilderness Preservation system and designate a National Recreation Area. 152 Cong. Rec. H1678 (daily ed. Apr. 6, 2006). The bill was referred to the Committee on Resources and the Committee on Agriculture.

 Copyright© 2006, 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 in 2006, 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 2006, visit the ELR Archives.

The states below have updates this week:

Alaska Iowa New Mexico California Maine North Dakota Florida New Hampshire Virginia Illinois    

ALASKA

Hazardous & Solid Wastes:

  • The Department of Environmental Conservation proposed to adopt changes to Title 18 of the Alaska Administrative Code, Chapter 75, Article 3--Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances. The proposed changes would repeal portions of the site cleanup regulations that are no longer valid and would make the cleanup regulations more protective of human health and the environment by updating cleanup levels and department guidance documents. Comments are due May 8, 2006. See http://www.state.ak.us/local/akpages/ENV.CONSERV/public_notices.htm

CALIFORNIA

Air:

  • The California Air Resources Board will hold a workshop on April 27, 2006, to discuss its regulatory and non-regulatory fuels-related activities. Topics may include, but are not limited to, issues relating to the California Phase 3 Reformulated Gasoline regulations and the California diesel fuel regulations for vehicular and non-vehicular uses. See http://www.arb.ca.gov/fuels/gasoline/meeting/2006/042706mtgnotice_fuels.pdf
  • The California Air Resources Board will hold a public meeting to discuss issues regarding the development of changes to the California Predictive Model for California reformulated gasoline. This will be the fourth meeting of the predictive model workgroup. The meeting will be held April 27, 2006. See http://www.arb.ca.gov/fuels/gasoline/meeting/2006/042706premdlnotice.pdf
  • The South Coast Air Quality Management District (AQMD) will hold a public workshop on April 19, 2006, to solicit information and suggestions from the public on Proposed Amended Regulation III--Fees (PAR III).  PAR III does not specifically limit the emissions of air contaminants.  It does, however, establish procedures for assessing and collecting fees and the fee rates for emissions and permitting activities and helps fund AQMD’s budget. Comments are due April 19, 2006. See http://www.aqmd.gov/pub_edu/notice_RegIII_Apr_12_06.html
  • The South Coast Air Quality Management District is considering the adoption of Proposed Amended Rule 1132--Further Volatile Organic Compound Emission Reductions from Large Solvent and Coating Sources, to modify the definition of "approved emission factors" to exclude the use of the unified emission factors rates for gel coat nonatomizing application in emissions calculations.  The amendment also clarifies rule language to enhance rule enforceability. Comments are due April 25, 2006. A public hearing will be held May 5, 2006. See http://www.aqmd.gov/pub_edu/nph_1132_May_5_06.html
  • The South Coast Air Quality Management District (AQMD) is considering the adoption of Proposed Amended Rule 1146.2--Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers. The AQMD seeks to reduce nitrogen oxides (NOx) emissions in order to meet ambient air quality standards and to offset foregone emission reductions when Rule 1146.2 compliance dates were extended in January 2005.  The AQMD is considering lowering the NOx emission limits for new boilers, water heaters, and process heaters. Written comments are due April 25, 2006. A public hearing will be held May 5, 2006. See http://www.aqmd.gov/pub_edu/nph_11462_May_5_06.html
  • The South Coast Air Quality Management District is considering the adoption of Proposed Amended Rule 1195--Clean On-Road School Buses. The proposed amendment would reinstate a sunset date of July 1, 2008, under paragraph (e)(8) allowing for the acquisition of school buses where an approved "Exemption Request and Fund Application Form" has been issued based on the unavailability of an alternative-fuel refueling station within five miles of the vehicle storage or maintenance yards. Written comments are due April 25, 2006. A public hearing will be held May 5, 2006. See http://www.aqmd.gov/pub_edu/nph_1195_May_5_06.html
  • The South Coast Air Quality Management District is considering the adoption of Proposed Amended Rule 1196--Less Polluting Sweepers, and Proposed Amended Rule 1186.1--Clean On-Road Heavy-Duty Public Vehicles. Proposed Amended Rule 1196 will extend the sunset date of June 30, 2006, under paragraph (d)(4) allowing for the acquisition of vehicles where an approved "Technical Infeasibility Certification" has been issued based on the unavailability of an alternative-fuel refueling station within five miles of the vehicle storage or maintenance yards. Proposed Amended Rule 1186.1 would extend the sunset date of July 1, 2006, under subparagraph (d)(1)(B) allowing for the acquisition of vehicles where an approved "Technical Infeasibility Certification" has been issued. Written comments are due April 25, 2006. A public hearing will be held May 5, 2006. See http://www.aqmd.gov/pub_edu/nph_11861-1196_May_5_06.html
  • The South Coast Air Quality Management District is considering the adoption of Proposed Amended Rule 219--Equipment Not Requiring a Written Permit Pursuant to Regulation II. The proposed amendment would add some equipment to the exemption list, including small agricultural internal combustion engines and gasoline tanks.  Also, staff is revising some exemption language to clarify the intent of existing exemptions and to make it consistent with the current terminology used in other district rules. Written comments are due April 25, 2006. A public hearing will be held May 5, 2006. See http://www.aqmd.gov/pub_edu/nph_219_May_5_06.html
  • The South Coast Air Quality Management District (AQMD) held a public workshop on April 12, 2006, to present the Executive Officer's proposed AQMD Budget and Work Program for Fiscal Year 2006-07. See http://www.aqmd.gov/pub_edu/notice_Draft_Budget_Apr_12_06.html

Hazardous & Solid Wastes:

  • The Integrated Waste Management Board proposed new and revised regulations implementing the requirements of Assembly Bill 1497 (Stats. 2003, Ch. 823), applying new construction and demolition requirements to the regulation of other solid wastes, and clarifying permit process requirements. Comments are due June 6, 2006. A public hearing will be held June 5, 2006. See http://www.ciwmb.ca.gov/Rulemaking/PermitImplem/

Water:

  • The State Water Resources Control Board will hold a public hearing on June 19, 2006, to hear comments on the proposed Total Residual Chlorine and Chlorine-Produced Oxidants Policy of California. The policy is intended to: (1) establish total residual chlorine (TRC) and chlorine-produced oxidant (CPO) objectives to protect aquatic life beneficial uses by adopting U.S. EPA CWA §304(a) criteria; (2) provide consistent procedures that apply to NPDES permits that contain one or more numeric water quality-based effluent limitations to regulate discharges; and (3) supply a basis for equitable enforcement of violations of TRC or CPO effluent limitations in NPDES permits. The policy will affect entities that discharge to the state’s inland surface waters, enclosed bays, and estuaries and will occur through the issuance of NPDES permits. Comments are due June 5, 2006. A hearing will be held June 19, 2006. See http://www.waterboards.ca.gov/iswp/docs/pn062106chlorpol.pdf

FLORIDA

Water:

IDAHO

Hazardous & Solid Wastes:

ILLINOIS

Hazardous & Solid Wastes:

IOWA

Air:

  • The Environmental Protection Commission proposed to amend Chapter 22, Controlling Pollution, and Chapter 23, Emission Standards for Contaminants, Iowa Administrative Code. The proposed amendments would adopt into the state air quality rules several federal regulations that were finalized over the last year. The proposed amendments also include one clarification to state air quality rules for construction permit exemptions. Written comments are due May 16, 2006. A public hearing will be held May 12, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060412.pdf (p. 1511)

Water:

  • The Environmental Protection Commission proposed to rescind Chapter 68, Commercial Septic Tank Cleaners, and to adopt a new Chapter 68 with the same title, and to amend Chapter 69, Onsite Wastewater Treatment and Disposal Systems, Iowa Administrative Code. Proposed Chapter 68 would: add and modify definitions; require the submission of an annual waste management plan; increase fees from $25 per year to an average of $500 per year based primarily upon volume of waste pumped; require inspections for pump trucks and land disposal sites and grant the authority to contract with counties to do the inspections; require that portable toilet waste be taken only to a public wastewater treatment plant; clarify land spreading requirements for septage; and increase the fines assessed for violation of the rules from $25 to $250 per day. Proposed amendments to Chapter 69 delete any repetition of sections of Chapter 68. Written comments are due May 17, 2006. Public hearings will be held May 3, 4, 9, 10, 11, and 16, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060412.pdf (p. 1515).
  • The Environmental Protection Commission amended Chapter 65, Animal Feeding Operations, Iowa Administrative Code. The amendments separate Chapter 65 into two divisions, one for confinement operations and one for open feedlots. The amendments also specify minimum design standards for open feedlot manure and effluent control systems. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060412.pdf (p. 1526).
  • The Environmental Protection Commission adopted amendments to Chapter 134, Certification of Groundwater Professionals, and Chapter 135, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, Iowa Administrative Code. The amendments to Chapter 134 establish a compliance inspector certification program to be administered by the Department of Natural Resources. The amendments set forth minimum qualifications for education and experience, training requirements, and provisions for certification suspension and revocation. The Department has arrived at an initial application fee but will study costs to adjust the fee to cover actual costs. The amendment to Chapter 135 requires owners and operators to have their UST systems inspected biennially for compliance using a Department-certified compliance inspector. The amendment will allow the Department to more effectively audit and target its inspection program as well as assist owners and operators to maintain consistent compliance with Department operation and maintenance rules. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060412.pdf (p. 1551)

MAINE

Wildlife:

  • The Department of Inland Fisheries and Wildlife proposed to redefine the north and south waterfowl zone line set forth in Chapter 4, Hunting and Trapping: 4.02(D), Migratory Bird Hunting--North and South Waterfowl Zone Line. This rule change is necessary to bring the zone line into compliance with the newly established Wildlife Management Districts. Comments are due May 12, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/041206.htm
  • The Department of Inland Fisheries and Wildlife proposed rules regulating the use of crossbows for hunting including, but not limited to, restrictions on size, bolts, broadheads, sighting devices and safety mechanisms, under Chapter 4, Hunting and Trapping: 4.13, Restrictions on the Use of Crossbows. Comments are due May 12, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/041206.htm

NEW HAMPSHIRE

Air:

  • The Department of Environmental Services proposed to adopt Rule Env-A 4200 Architectural and Industrial Maintenance (AIM) Coatings. The AIM Coatings rule will apply to anyone who sells, supplies, offers for sale, repackages for sale, blends, or manufactures any AIM coating for use in New Hampshire after January 1, 2007. The rule is based on a model rule developed by the Ozone Transport Commission and is intended to limit emissions of volatile organic compounds (VOCs) by limiting the VOC content in AIM paints and coatings sold in the state. It is being proposed for adoption as part of the Department's effort to meet the NAAQS for ozone and to help fulfill the requirements to replace the emission benefits of reformulated gasoline. Public comments are due May 18, 2006. A public hearing will be held May 8, 2006. See http://www.des.state.nh.us/RuleMaking/notice2005/Env-A_4200.pdf

Water:

  • The Department of Environmental Services proposed amendments to the Exotic Aquatic Weed Control program under RSA 487:16-a and RSA 487:24. The amendments update and clarify the existing rules and implement the remaining provisions of RSA 487:16 through RSA 487:24, specifically relative to limiting the eutrophication of lakes and ponds, controlling exotic aquatic weeds, making financial grants for management of exotic aquatic weed infestations, and participating in diagnostic and feasibility studies. The effect of the rules will be to provide clearer and more complete information to affected individuals and entities. Comments are due June 22, 2006. A public hearing will be held June 12, 2006. See http://www.des.state.nh.us/RuleMaking/notice2005/Env-Wq_1300.pdf

NEW MEXICO

Water:

  • The Water Quality Control Commission will hold a public hearing following its regular business meeting on June 13, 2006, to hear comments on the petition to amend the wastewater and water supply facilities regulation entitled Utility Operator Certification, 20.7.4 NMAC. See http://www.nmenv.state.nm.us/wqcc/WQCC06-01_prehrngord_20-7-4NMAC.pdf

NORTH DAKOTA

Water:

  • The Department of Health proposed amendments to its water quality standards. In addition to changing the format, the revisions make several changes to the numeric criteria based on toxicological information from U.S. EPA, add site-specific criteria for cold water habitat in Lake Sakakawea, and include E. coli bacteria for determining contamination from fecal sources. In addition, several parameters were changed from a concentration not to be exceeded to an arithmetic average. A public hearing will be held May 16, 2006. Comments are due May 30, 2006. See http://ndhealth.gov/PublicComment/WQSProposedRuleChanges20060530.pdf

VIRGINIA

Water:

Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL

ROMANIA MOVES TO BLOCK PLANS FOR EUROPE'S LARGEST GOLD MINE:

  • Romanian Environment Minister Sulfina Barbu halted the environmental impact assessment process for the Rosia Montana gold mine project in reaction to a court decision last summer that suspended the company's urbanism certificate. The Ministry has said it will not be able to authorize the project because it lacks complete documentation. Despite this, the company has announced it will complete its environmental impact assessment and submit it to the Ministry for approval. See http://www.daily-news.ro/article_detail.php?idarticle=25074

INTERNATIONAL FINANCE CORPORATION RELEASES IMPACT STUDY ON PULP MILLS IN URUGUAY:

  • The International Finance Corporation released a report by independent experts commissioned to review the cumulative impacts of two planned pulp mill plants in the Rio Uruguay that have gained international attention due to local opposition from residents in the bordering country of Argentina. The report found that the mills will not cause the widespread environmental damage feared by stakeholders, though improvements can be made in mill design, operating procedures, and environmental monitoring. See http://www.ifc.org/ifcext/media.nsf/content/SelectedPressRelease?OpenDocument&UNID=06621247933EC9368525714E004477DB

MALAYSIA CONSIDERS INCREASING ENVIRONMENTAL AUTHORITY OF LOCAL COUNCILS:

  • The Public Accounts Committee (PAC) of the Malaysian Parliament is proposing to give local councils more authority to monitor the environment. The PAC chairman said that local councils would be more effective at solving environmental problems than increasing the number of the Department of Environment's enforcement officers. See http://www.bernama.com.my/bernama/v3/news.php?id=191549

Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.

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