Jump to Content

Weekly Update Volume 36, Issue 19

07/05/2006

LITIGATION

CWA, WETLANDS, JURISDICTION:

The U.S. Supreme Court vacated and remanded for further proceeding two Sixth Circuit opinions holding that the U.S. Army Corps of Engineer had jurisdiction over state wetlands adjacent to a tributary of traditional navigable waters but separated by a berm, and wetlands lying near ditches or man-made drains that eventually empty into a tributary of traditional navigable waters. Although five justices held that the cases should be vacated and remanded, there was no opinion of the Court. Four justices, in an opinion by Justice Scalia, held that for the Corps to have jurisdiction over any wetlands, there needs to be a continuous permanent surface flow and connection to traditional navigable waters. Consequently, they would vacate the lower court decisions. Four dissenting justices, in an opinion by Justice Stevens, would have affirmed the decisions of the Sixth Circuit. Justice Kennedy provided the deciding vote. He held that for the Corps to have jurisdiction over the wetlands at issue, there needs to be a significant nexus between the wetlands and the traditional navigable water. In such cases, one must decide on a case-by-case basis whether the wetlands significantly affect the chemical, physical, and biological integrity of the associated traditional navigable water. Because the lower court failed to apply the significant nexus test, he concurred with Justice Scalia's opinion in judgment only that the cases should be vacated and remanded. Scalia, J., announced the judgment of the Court, and delivered an opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined. Roberts, C.J., filed a concurring opinion. Kennedy, J., filed an opinion concurring in the judgment. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a dissenting opinion. Rapanos v. United States, No. 04-1034, 36 ELR 20116 (U.S. June 19, 2006) (104 pp.) (ELI filed an amicus brief for the United States in this case).

NEPA, MINING:

The Sixth Circuit upheld an OSM permit allowing a coal company to mine roughly 1,100 acres in the Cumberland River watershed of northeastern Tennessee. An environmental group argued that the EA was deficient in failing to consider sufficient alternatives and that the agency acted arbitrarily and capriciously in issuing a FONSI. The extensive record compiled by the OSM, the many modifications made to the mining application by the coal company in response to concerns raised by the OSM, and the minimal long-term effects of the mining proposal on the environment all convinced the lower court that the OSM did not abuse its discretion. And because the administrative record shows that the OSM did, in effect, consider other options to the coal company's license request, and because the group failed to identify any concrete alternatives that the OSM should have considered (but did not), the court affirmed. Save Our Cumberland Mountains v. Kempthorne, No. 05-5663, 36 ELR 20118 (6th Cir. June 29, 2006) (14 pp.).

NEPA, NATIONAL FOREST MANAGEMENT ACT (NFMA):

The Ninth Circuit upheld a U.S. Forest Service vegetation management project in the Klamath National Forest. An environmental group argued that the Forest Service should have prepared an EIS instead of an EA for the project and that the EA itself was inadequate. Although the project will have at least some short-term adverse effects on the environment, the EA provided detailed and adequate consideration of information from a wide range of sources, and the Forest Service's conclusion that the adverse effects would not be "significant" with the meaning of NEPA was not arbitrary and capricious. The group also argued that the project failed to comply with the NFMA. But the record does not reveal any specific flaws in the Forest Service's approach to assessing management indicator species (MIS), and the MIS assessment supports the agency's conclusion that the project complied with the NFMA. Environmental Protection Information Center v. United States Forest Service, No. 04-15931, 36 ELR 20120 (9th Cir. June 23, 2006) (23 pp.).

ESA, APA, BUENA VISTA LAKE SHREW:

The Ninth Circuit upheld a lower court decision holding that the FWS complied with the ESA and the APA in listing the Buena Vista Lake shrew as an endangered species. A group of local agencies argued that the FWS failed to provide public review and comment on new studies that became available after the close of the comment period, to base its listing decision on the best scientific data available, to summarize the data underlying its decision, and to show the relationship between the data and its decision. The post-comment information, however, was only important, not critical, to FWS’ decision. Moreover, the FWS adequately complied with the APA's and ESA's procedural requirements and should be given deference in making scientifically based decisions. The lower court, therefore, correctly determined that no serious or substantial reason existed to negate the listing and provide for a new comment period. Kern County Farm Bureau v. Allen, No. 04-15540, 36 ELR 20117 (9th Cir. June 20, 2006) (18 pp.).

ENDANGERED SPECIES, IMPORTS, SENTENCING:

The Eleventh Circuit upheld an individual's 17-month sentence for importing and conspiring to import protected orchids in violation of the ESA and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The individual used legally imported orchids to avoid the detection of the undocumented orchids. He argued that the lower court misinterpreted the term "market value of the plants" in the U.S. Sentencing Guidelines §2Q2.1 when it based the market value of the individual's offense on the value of the shipments in their entirety rather than on the value of the undocumented orchids within each shipment. But where the customs documentation was false and misleading and where the correctly documented fish, wildlife, or plants were part and parcel of a charged, and subsequently pled to, conspiracy to illegally smuggle undocumented CITES-protected fish, wildlife, or plants into the United States, the market value under §2Q2.1 should include the value of the entire shipment. Nor did the court violate the individual's Sixth Amendment rights. United States v. Norris, No. 04-15487, 36 ELR 20122 (11th Cir. June 23, 2006) (15 pp.).

FEDERAL RULES OF CRIMINAL PROCEDURE, GRAND JURY:

The Tenth Circuit reversed and remanded a lower court decision denying petitions brought by members of a federal grand jury empaneled to investigate possible environmental crimes at the Rocky Flats Nuclear Weapons Plant in Colorado. The petitions sought the release of certain documents and the lifting of their secrecy obligations under Rule 6(e) of the Federal Rules of Criminal Procedure. The proceeding below was essentially a civil proceeding rather than a criminal proceeding. Hence, the jurors' notice of appeal was timely. Further, the resolution of the case did not call for an advisory opinion, the jurors had standing, and claim preclusion and issue preclusion did not apply. The lower court, therefore, had jurisdiction and should not have dismissed the case. In re Special Grand Jury 89-2, Nos. 04-1193, -1215, 36 ELR 20113 (10th Cir. June 16, 2006) (39 pp.).

INSURANCE, CIVIL PROCEDURE:

The First Circuit held that excess liability insurance policies cover an insured's potential liability for environmental contamination at a former manufactured gas plant site in Dover, New Hampshire. The district court did not err in refusing to allow the case to go to the jury. The insurer claimed that the evidence presented questions as to whether tar had been intentionally dumped into the environment, whether any insurable event had occurred during either of the policy periods, and whether the insurer had been asked to reimburse the insured for preventative measures. But because a reasonable jury would not have found in favor of the insured on any permissible claim or theory based on that evidence, judgment as a matter of law was appropriate. Similarly, the court did not err in excluding certain evidence because it would not have changed the outcome of the case. And the court did not err in ordering the insurer to reimburse the insured for certain costs and fees. EnergyNorth Natural Gas, Inc. v. Century Indemnity Co., No. 05-2149, 36 ELR 20124 (1st Cir. June 28, 2006) (35 pp.).

ELECTRICITY, TRANSMISSION CHARGES:

The D.C. Circuit denied petitions for review of FERC orders approving and enforcing a tariff supplied by the manager of New York's electric power transmission facilities that allows electricity generators that provide power to the transmission grid to avoid transmission and local distribution charges for the power these generators take from the grid for certain operational purposes so long as the power the generators produce in any month exceeds the power taken. The petitioners argued that FERC's approval of monthly netting was unlawful and unreasonable and that it should be supplanted with a one-hour netting period. But if, as petitioners argue, hourly netting is perfectly consistent with the statute, the court could find no principled reason why monthly netting violates the Federal Power Act. And the court fails to see how it could determine that a one-hour, a one-month, or even a one-week netting period would be unreasonable. Niagara Mohawk Power Corp. v. Federal Energy Regulatory Commission, No. 04-1227, 36 ELR 20121 (D.C. Cir. June 23, 2006) (16 pp.).

SHIPPING RATES, COAL, STATUTE OF LIMITATIONS:

The D.C. Circuit denied a railway company's petition for review of a Surface Transportation Board order rejecting as unreasonable certain rates the railroad charged to a company to ship coal. The Board issued its ruling three and one-half years after a complaint was filed. Because 49 U.S.C. §11701(c) provides for a three-year limitations period, the railway company argued that the Board should have dismissed the rate proceeding three years after the complaint was filed. But even if the three-year limitation applied, the company did not raise the point until long after three years had elapsed and the Board had ruled. Thus, the company forfeited this argument. And because all of its remaining arguments lacked merit, the petition was dismissed. BNSF Railway Co. v. Surface Transportation Board, No. 05-1030, 36 ELR 20114 (D.C. Cir. June 16, 2006) (23 pp.).

CORPORATE LAW, VEIL PIERCING, TORT LAW:

The Eighth Circuit upheld a lower court decision refusing to hold a manufacturer of pollution control devices liable for the actions of one of its subsidiaries. A company who purchased pollution control devices from the subsidiary filed suit after the devices didn't perform as promised. It also filed suit against the manufacturer, seeking to pierce the corporate veil. But the district court found that the company had failed to satisfy the "unity of interest and ownership" requirement of California alter ego law, and accordingly, had failed to overcome the presumption in favor of preserving the separate identities of the manufacturer and its subsidiary. Because the lower court did not err or abuse its discretion in refusing to pierce the corporate veil, and because the company failed to present evidence from which the appellate court could have found that "an inequitable result will follow" from the lower court's refusal to pierce the subsidiary's corporate veil, the lower court decision was affirmed. The lower court's decisions to dismiss the company's tortious interference with a contract and prima facie tort claims against the manufacturer were also affirmed. Tamko Roofing Products, Inc. v. Smith Engineering Co., No. 04-3913, 36 ELR 20112 (8th Cir. June 16, 2006) (12 pp.).

OIL AND GAS, OPERATING AGREEMENTS:

The Supreme Court of Texas held that the sale of an oil and gas working interest, which was subject to an operating agreement, did not release the seller from any further obligations to the operator. Despite selling its working interest, the seller remains liable under the operating agreement unless released by the operator or the terms of the agreement. Because neither the operating agreement nor the operator expressly released the seller from its obligations under that agreement, the seller remains liable, and the court of appeal's judgment to the contrary was reversed. Seagull Energy E&P, Inc. v. Eland Energy, Inc., No. 04-0662, 36 ELR 20115 (Tex. June 16, 2006) (8 pp.).

LAND USE, PERMITS:

A California appellate court held that the state legislature has not recognized an ocean boater's "right to a view" of the coastline as a factor in regulating development. Consequently, the California Coastal Commission erred in imposing special conditions on a developer's permit to build a residence and must rehear the matter without considering whether the proposed development impacts views from offshore, ocean-based vantage points. Schneider v. California Coastal Commission, No. B186149, 36 ELR 20126 (Cal. App. 2d Dist. June 28, 2006) (12 pp.).

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

A California appellate court upheld a city's approval of a construction project for a big box retail store. A citizens group argued that the city violated CEQA by failing to comply with procedural requirements and by failing to include a study of certain adverse impacts and mitigation measures in the final EIR. But despite the group's allegations to the contrary, the city complied with CEQA's notice requirements and provided responses to comments. Moreover, the urban decay impact of commercial and industrial development was adequately studied, and the city was justified in finding that further study of its impact in the area was not warranted. And the EIR adequately considered air pollution mitigation measures and properly analyzed certain traffic impacts. Gilroy Citizens for Responsible Planning v. City of Gilroy, No. H028539, 36 ELR 20119 (Cal. App. 6th Dist. June 22, 2006) (37 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), TAKINGS, WATER RIGHTS:

A California appellate court affirmed a lower court decision that water districts have an obligation to provide treated water to a town for domestic and other needs but that the cost of treatment may be passed along to the consumer. The water districts' obligation to provide domestic water supply can be found in the language of a 1921 contract and is supported by the longstanding practice of the districts in assuming responsibility for treating the water. But the town has cited no language in any conveyance, contract, or other document that would support a finding that the districts were required to provide free water. In addition, the water districts have the right to impose reasonable-use restrictions on water provided to the town's residents, and the districts' conservation rules were exempt from environmental review under CEQA. Nor did the conservation rules constitute a "taking" for purposes of the town's inverse condemnation cause of action against the districts. Turlock Irrigation District v. Zanker, No F047094, 36 ELR 20123 (Cal. App. 5th Dist. June 26, 2006) (25 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), NEGATIVE DECLARATION:

A California appellate court reversed a lower court decision denying a petition challenging a city's approval of a construction project for a hotel, gas station, and convenience store complex. The city's reliance on an addendum to a mitigated negative declaration for the project, instead of independent environmental review, violated CEQA. Save Our Neighborhood v. Lishman, No. C049525, 36 ELR 20125 (Cal. App. 3d Dist. June 28, 2006) (21 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 made two alternative proposals regarding reformulated gasoline (RFG) requirements for Atlanta; the first proposal would require the area to use federal RFG at least until it is redesignated to attainment for the eight-hour NAAQS, and the second proposal would allow the state to request the removal of the RFG requirement. 71 FR 36042 (6/23/06).
  • EPA amended certain regulations to reflect the current delegation status of NESHAPs in Arizona, California, and Nevada. 71 FR 36678 (6/28/06).
  • EPA proposed to amend the Code of Federal Regulations to reflect the current delegation status of NESHAPs in Arizona, California, and Nevada; see above for direct final rule. 71 FR 36730 (6/28/06).
  • SIP Approvals: Alabama (open burning revision) 71 FR 35801 (6/22/06). California (addition of qualifying electric generating facilities to the list of stationary sources) 71 FR 35157 (6/19/06). Kansas (ozone NAAQS) 71 FR 36213 (6/26/06). Missouri (ozone NAAQS) 71 FR 36210 (6/26/06); (construction permits) 71 FR 36486 (6/27/06). Oregon (particulate matter with a diameter of 10 microns or less (PM10) maintenance plan and redesignation request; Lakeview) 71 FR 35159 (6/19/06); (PM10 attainment plan, maintenance plan, and redesignation request; Medford-Ashland) 71 FR 35163 (6/19/06); (PM10 maintenance plan and redesignation request; La Grande) 71 FR 35161 (6/19/06).
  • SIP Proposals: Alabama (open burning revision; see above for direct final rule) 71 FR 35856 (6/22/06). Kansas (ozone NAAQS; see above for direct final rule) 71 FR 36299 (6/26/06). Missouri (ozone NAAQS; see above for direct final rule) 71 FR 36298 (6/26/06). Oregon (PM10 attainment plan, maintenance plan, and redesignation request for Medford-Ashland; see above for direct final rule) 71 FR 35253 (6/19/06).

HAZARDOUS & SOLID WASTE:

  • EPA removed its final rule that excluded a certain F006 filter cake generated by Tokusen U.S.A. Inc.'s plant in Conway, Arkansas, from the lists of hazardous wastes. 71 FR 35395 (6/20/06).
  • EPA announced that it will reconsider whether sewage and sludge incinerators should be excluded from the other solid waste incineration units rules that were published on December 16, 2005. 71 FR 36726 (6/28/06).
  • EPA entered into a proposed settlement under CERCLA concerning the Romarc Industries Superfund site in Williston, Florida, that requires the settling party to reimburse EPA for past response costs. 71 FR 36526 (6/27/06).
  • EPA approved revisions to Oregon's hazardous waste management program under RCRA; the changes satisfy all requirements for final authorization. 71 FR 36216 (6/26/06).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the Mohawk Tannery Superfund site in Nashua, New Hampshire, that requires the settling parties to liquidate all property owned by Chester Realty Trust, including the Superfund site property, to pay net insurance proceeds from claims made against insurance carriers, and to make a cash payment to the United States and New Hampshire. 71 FR 35906 (6/22/06).
  • EPA issued a direct final rule extending the expiration date from September 30, 2006, to April 15, 2009, for the New England University Laboratories XL Project rule, which allows laboratories at certain universities in Massachusetts and Vermont to follow certain alternative RCRA generator requirements. 71 FR 35547(6/21/06).
  • EPA proposed to extend the expiration date from September 30, 2006, to April 15, 2009, for the New England University Laboratories XL Project rule, which allows laboratories at certain universities in Massachusetts and Vermont to follow certain alternative RCRA generator requirements; see above for direct final rule. 71 FR 35593 (6/21/06).

PUBLIC LAND:

  • FWS gave notice of subsistence management regulations for public lands in Alaska concerning seasonal adjustments to protect Chinook and sockeye salmon escapement in the Copper River and to protect steelhead in Cable Creek and its tributaries. 71 FR35541 (6/21/06).
  • FWS established subsistence management regulations for public lands in Alaska concerning seasons, harvest limits, methods, and means related to the taking of wildlife during the 2006 to 2007 regulatory year. 71 FR 37641 (6/30/06).

WATER:

  • EPA, in response to Waterkeeper Alliance, Inc. v. EPA, 399 F.3d 486, 35 ELR 20049 (2d Cir. 2005), proposed revisions to the NPDES permitting requirements and effluent limitations guidelines and standards for concentrated animal feeding operations. 71 FR 37743 (6/30/06).
  • The Bureau of Reclamation announced the availability of water management plans for certain areas in California pursuant to the Central Valley Project Improvement Act. 71 FR 37094 (6/29/06).
  • EPA determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the Casco Bay area in Maine. 71 FR 36527 (6/27/06).
  • EPA proposed to reissue three general NPDES permits, which expired on September 24, 2004, that regulate the activities of aquaculture facilities in Idaho and associated on-site fish processors. 71 FR 35269 (6/19/06).

WILDLIFE:

  • FWS removed the Arizona agave from the list of endangered and threatened wildlife and plants after it determined the plant is not recognized as a species and therefore no longer qualifies for protection under the ESA. 71 FR 35195 (6/19/06).
  • FWS announced its 90-day finding for a petition to delist the Morelet's crocodile throughout its range from the list of threatened and endangered species; it determined that delisting may be warranted. 71 FR 36743 (6/28/06).
  • FWS determined that the proposed listing of the flat-tailed horned lizard as a threatened species under the ESA is not warranted and, therefore, withdrew its November 29, 1993, proposed rule. 71 FR 36745 (6/28/06).
  • FWS announced the availability of a draft comprehensive conservation plan and EA for the San Joaquin River National Wildlife Refuge in Los Banos, California. 71 FR 35927 (6/22/06).
  • FWS announced the availability of the final comprehensive conservation plans and findings of no significant impact for the Chickasaw National Wildlife Refuge in Lauderdale County, Tennessee; Hatchie National Wildlife Refuge in Haywood County, Tennessee; Lower Hatchie National Wildlife Refuge in Lauderdale and Tipton Counties, Tennessee; and Reelfoot and Lake Isom National Wildlife Refuges in Obion and Lake Counties, Tennessee, and Fulton County, Kentucky. 71 FR 35445 (6/20/06).
  • FWS announced the availability of a draft comprehensive conservation plan and EA for the Long Island National Wildlife Refuge Complex in New York. 71 FR 35283 (6/19/06).
  • FWS announced the availability of the final comprehensive conservation plan for the Maxwell National Wildlife Refuge in Maxwell, New Mexico. 71 FR 35285 (6/19/06).
  • NMFS proposed to implement speed restrictions on certain vessels in certain locations and at certain times of the year along the eastern coast of the U.S. Atlantic seaboard to reduce the likelihood of deaths and serious injuries to endangered North Atlantic right whales that result from collisions with ships. 71 FR 36299 (6/26/06).
  • NMFS, in order to conserve sea turtles listed as threatened under the ESA, modified fishing activities during the period of May 6, 2006, through July 15, 2006, by requiring any offshore pound net leader in the Virginia waters of the mainstem Chesapeake Bay and all waters south to the Chesapeake Bay Bridge Tunnel at the mouth of the Chesapeake Bay, and the James and York rivers downstream of the first bridge in each tributary, to meet the definition of a modified pound net leader. 71 FR 36024 (6/23/06).

DOJ NOTICES OF SETTLEMENTS:

  • United States v. Oxy Vinyls, L.P., No. 3:06-CV1005-D (N.D. Tex. June 8, 2006). A settling CAA, EPCRA, and RCRA defendant must pay a civil penalty of $140,000 to be split between the United States and the Louisville Metro Air Pollution Control District; must pay a civil penalty of $200,000 to the state of New Jersey for separate state-only violations; must perform three different federal supplemental environmental projects at an estimated cost of $1,224,000; must fund a state environmental project; must perform a RCRA sampling plan at its Pasadena, Texas facility; and must perform certain limited injunctive relief to resolve claims for violations of the three Acts relating to four of the defendant's polyvinyl chloride manufacturing facilities. 71 FR 35701 (6/21/06).
  • United States v. Bay-Houston Towing Co., No. 98-CV-73252 (E.D. Mich. June 22, 2006). A settling CWA defendant that discharged pollutants without a permit into waters of the United States and that failed to comply with an EPA administrative compliance order is permanently enjoined from discharging pollutants at the Minden Bog in Sanilac County, Michigan, except in accordance with its CWA §404 permit; must restore the majority of a bog affected by peat mining; must immediately donate 1,182 acres of presently undisturbed peatlands to the Michigan Department of Natural Resources (MDNR); and must donate remaining peatlands to the MDNR once peat mining is complete. 71 FR 36825 (6/28/06).
  • United States v. Gillette Co., No. C06-1016 (N.D. Iowa June 8, 2006). Settling CERCLA defendants must pay $750,000 to the Hazardous Waste Superfund in reimbursement of past response costs. 71 FR 36826 (6/28/06).
  • United States v. Horne, No. 05-497 (W.D. Mo. June 6, 2006). A settling CERCLA defendant must pay $175,000 in response costs incurred at the Armour Road Superfund site in North Kansas City, Missouri. 71 FR 36826 (6/28/06).
  • United States v. Marine Shale Processors, Inc., No. 90-1240 (W.D. La. June 6, 2006). Settling CAA, CWA, and RCRA defendants must pay $6.2 million in penalties; must transfer a separate $6.2 million in proceeds to the Louisiana Department of Environmental Quality (LDEQ) for the closure and remediation of the contamination at the Marine Shale and Recycling Park facilities in Amelia, Louisiana; must transfer to LDEQ an $850,000 letter of credit to be used for the cleanup of the facilities; may not own or control a majority interest in or participate in the management of any business involved in waste management or recycling; must provide access as required for investigation, closure, and remediation at the facilities; and must agree to a number of institutional controls and deed restrictions necessary to assure the implementation and effectiveness of the remedial actions to be taken at the facilities. 71 FR 36827 (6/28/06).
  • United States v. Olin Corp., No. 3:06CV914 (SRU) (D. Conn. June 13, 2006). Settling CERCLA defendants must collectively pay $250,000 in recovery costs incurred at the Rosem Superfund removal site and the Bryden & Morse Superfund removal site. 71 FR 36828 (6/28/06).
  • United States v. S.D. Warren Co., No. 1:06-CV-437 (W.D. Mich. June 21, 2006). A settling CAA defendant must pay a $586,106 civil penalty; must comply fully with the Act's requirements applicable to the recovery furnace at the Muskegon Mill located in Muskegon, Michigan; and must report to EPA on the status of the recovery furnace. 71 FR 36828 (6/28/06).
  • United States v. Southern Wood Piedmont Co., No. 90-1240 (W.D. La. June 6, 2006). Settling CERCLA defendants must clean up and perform corrective action at the Recycling Park facilities in Amelia, Louisiana, at an estimated cost of $1.6 million, and must pay $200,000 toward the Marine Shale facility's cleanup in Amelia, Louisiana. 71 FR 36829 (6/28/06).

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

THE CONGRESS

PUBLIC LAWS:

  • S. 2803 (mining) which amends the Federal Mine Safety and Health Act of 1977 to improve the safety of mines and mining, was signed into law by President Bush on June 15, 2006. Pub. L. No. 109-236, 152 Cong. Rec. D648 (daily ed. June 16, 2006).

CHAMBER ACTION:

  • S. 2012 (Magnuson-Stevens Fishery Conservation and Management Reauthorization Act), which would authorize appropriations to the Secretary of Commerce for the Magnuson-Stevens Fishery Conservation and Management Act for fiscal years 2006 through 2012, was passed by the Senate after agreeing to the committee amendment in the nature of a substitute. 152 Cong. Rec. S6025, S6049 (daily ed. June 19, 2006).

COMMITTEE ACTION:

  • S. 2023 (Oil Pollution Act) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-272, 152 Cong. Rec. S6783 (daily ed. June 29, 2006). The bill would amend the Oil Pollution Act of 1990 to improve that Act.
  • S. 2430 (Great Lakes) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-270, 152 Cong. Rec. 6559 (daily ed. June 27, 2006). The bill would amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to provide for implementation of recommendations of the FWS contained in the Great Lakes Fishery Resources Restoration Study.
  • S. 3589 (flood insurance) was reported by the Committee on Banking, Housing, and Urban Affairs. S. Rep. No. 109-271, 152 Cong. Rec. 6634 (daily ed. June 28, 2006). The bill would amend the National Flood Insurance Act of 1968 and restore the financial solvency of the flood insurance fund.
  • H.R. 413 (national heritage area) was reported by the Committee on Resources. H. Rep. No. 109-534, 152 Cong. Rec. H4794 (daily ed. June 28, 2006). The bill would establish the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area.
  • H.R. 4125 (hurricane damage) was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 109-532, 152 Cong. Rec. H4679 (daily ed. June 27, 2006). The bill would permit the Administrator of General Services to make repairs and lease space without approval of a prospectus if the repair or lease is required as a result of damages to buildings or property attributable to Hurricanes Katrina or Rita.
  • H.R. 4761 (mineral resources) was reported by the Committee on Resources. H Rep. No. 109-531, 152 Cong. Rec. H4554 (daily ed. June 26, 2006). The bill would provide for exploration, development, and production activities for mineral resources on the outer continental shelf.
  • H.R. 5316 (FEMA) was reported by the Committee on Government Reform. H. Rep. No. 109-519 pt. 1, 152 Cong. Rec. H4519 (daily ed. June 22, 2006). The bill would reestablish FEMA as a cabinet-level independent establishment in the executive branch that is responsible for the nation's preparedness for, response to, recovery from, and mitigation against disaster.
  • H.R. 5384 (appropriations) was reported by the Committee on Appropriations. S. Rep. No. 109-266, 152 Cong. Rec. S6419 (daily ed. June 22, 2006). The bill would make appropriations for Agriculture, Rural Development, Food and Drug Administration, and related agencies for the fiscal year ending September 30, 2007.
  • H.R. 5386 (appropriations) was reported by the Committee on Appropriations. 152 Cong. Rec. S6783 (daily ed. June 29, 2006). The bill would make appropriations for the DOI, DOE, and related agencies for the fiscal year ending September 30, 2007.
  • H.R. 5427 (energy and water development) was reported by the Committee on Appropriations. S. Rep. No. 109-274, 152 Cong. Rec. S6783 (daily ed. June 29, 2006). The bill would make appropriations for energy and water development for the fiscal year ending September 30, 2007.
  • HR. 5534 (fuel economy) was reported by the Committee on Resources. H. Rep. No. 109-535, 152 Cong. Rec. H4974 (daily ed. June 28, 2006). The bill would establish a grant program whereby moneys collected from violations of the corporate average fuel economy program are used to expand infrastructure necessary to increase the availability of alternative fuels.
  • H.R. 5601 (fish hatcheries) was reported by the Committee on Resources. H. Rep. No. 109-533, 152 Cong. Rec. H4794 (daily ed. June 28, 2006). The bill would direct the Secretary of the Interior to convey Paint Bank National Fish Hatchery and Wytheville National Fish Hatchery to the state of Virginia.
  • H.R. 5611 (fuel conservation) was reported by the Committee on Energy and Commerce. H. Rep. No. 109-536, 152 Cong. Rec. H4974 (daily ed. June 28, 2006). The bill would provide for the establishment of a partnership between the Secretary of Energy and appropriate industry groups for the creation of a transportation fuel conservation education campaign.
  • H.R. 5632 (fuel efficiency) was reported by the Committee on Energy and Commerce. H. Rep. No. 109-537, 152 Cong. Rec. H4974 (daily ed. June 28, 2006). The bill would amend Chapter 301 of title 49, U.S. Code, to establish a national tire fuel efficiency consumer information program.
  • H.R. 5646 (energy) was reported by the Committee on Energy and Commerce. H. Rep. No. 109-538, 152 Cong. Rec. H4974 (daily ed. June 28, 2006). The bill would study and promote the use of energy efficient computer servers in the United States.
  • H. Res. 891 (flood insurance) was reported by the Committee on Rules. H. Rep. No. 109-530, 152 Cong. Rec. H4554 (daily ed. June 26, 2006). The resolution would provide for consideration of the bill H.R. 4973 to restore the financial solvency of the national flood insurance program.
  • H. Res. 897 (mineral resources) was reported by the Committee on Rules. H. Rep. No. 109-540, 152 Cong. Rec. H4974 (daily ed. June 28, 2006). The resolution would provide for consideration of the bill H.R. 4761 to provide for exploration, development, and production activities for mineral resources on the outer continental shelf.

BILLS INTRODUCED: 

  • S. 3542 (Feinstein, D-Cal.) (fuel) would improve passenger automobile fuel economy and safety, reduce greenhouse gas emissions, and reduce dependence on foreign oil. 152 Cong. Rec. S6154 (daily ed. June 20, 2006). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3551 (Santorum, R-Pa.) (fish hatcheries) would direct the Secretary of the Interior to convey the Tylersville division of the Lamar National Fish Hatchery and Fish Technology Center to the state of Pennsylvania. 152 Cong. Rec. S6283 (daily ed. June 21, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3553 (Grassley, R-Iowa) (CAA) would amend the CAA to require all gasoline sold for use in motor vehicles to contain 10% renewable fuel in the year 2010 and thereafter. 152 Cong. Rec. S6283 (daily ed. June 21, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3554 (Obama, D-Ill.) (fuel) would establish an alternative diesel standard. 152 Cong. Rec. S6283 (daily ed. June 21, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3562 (Alexander, R-Tenn.) (conservation) would allocate a portion of the revenue derived from lease sales in the 181 Area to the land and water conservation fund for use by state and local governments for conservation purposes. 152 Cong. Rec. S6547 (daily ed. June 23, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3563 (Burns, R-Mont.) (feasibility study) would authorize the Secretary of the Interior to conduct studies to determine the feasibility and environmental impact of rehabilitating the St. Mary Diversion and Conveyance Works and the Milk River Project, authorize the rehabilitation and improvement of the St. Mary Diversion and Conveyance Works, and develop an emergency response plan for use in the case of catastrophic failure of the St. Mary Diversion and Conveyance Works. 152 Cong. Rec. S6457 (daily ed. June 23, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3589 (Shelby, R-Ala.) (flood insurance) would amend the National Flood Insurance Act of 1968 and restore the financial solvency of the flood insurance fund. 152 Cong. Rec. S6634 (daily ed. June 28, 2006). The bill was referred from the Committee on Banking, Housing, and Urban Affairs.
  • S. 3591 (Jeffords, I-Vt.) (green buildings) would improve efficiency in the federal government through the use of high-performance green buildings. 152 Cong. Rec. S6634 (daily ed. June 28, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3596 (Hagel, R-Neb.) (animal feeding operations) would amend the Internal Revenue Code of 1986 to provide a credit to certain concentrated animal feeding operations for the cost of complying with environmental protection regulations. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Finance.
  • S. 3600 (Harkin, D-Iowa) (alternative fuel) would amend the Internal Revenue Code of 1986 to allow the allocation of the alternative fuel vehicle refueling property credit to patrons of agricultural cooperatives. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Appropriations.
  • S. 3601 (Schumer, D-N.Y.) (meat and poultry inspection) would amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to improve the safety of meat and poultry products by enhancing the ability of the Secretary of Agriculture to retrieve the history, use, and location of a meat or poultry product through a recordkeeping and audit system or registered identification. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3603 (Isakson, R-Ga.) (preservation) would amend the Internal Revenue Code of 1986 to provide economic incentives for the preservation of open space and conservation of natural resources. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Finance.
  • S. 3605 (Levin, D-Mich.) (Great Lakes) would enable to the Great Lakes Fishery Commission to investigate the effects of migratory birds on sustained productivity of stocks of fish of common concern in the Great Lakes. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3608 (Allard, R-Colo.) (Mesa Verde National Park) would modify the boundary of Mesa Verde National Park. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3611 (Allard, R-Colo.) (river recovery) would authorize the Secretary of the Interior to participate in the implementation of the Platte River Recovery Implementation Program for endangered species in the Central and Lower Platte River Basin and to modify the Pathfinder Dam and Reservoir. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3615 (Harkin, D-Iowa) (meat and poultry inspection) would amend the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Federal Food, Drug, and Cosmetic Act to provide for improved public health and food safety through enhanced enforcement. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3617 (Inhofe, R-Okla.) (wetlands) would reauthorize the North American Wetlands Conservation Act. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3619 (Inhofe, R-Okla.) (feasibility study) would provide for a feasibility study of alternatives to augment the water supplies of the Central Oklahoma Master Conservancy District and cities served by the district. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3620 (Levin, D-Mich.) (brownfields) would facilitate the provision of assistance by the Department of Housing and Urban Development for the cleanup and economic redevelopment of brownfields. 152 Cong. Rec. S6786 (daily ed. June 29, 2006). The bill was referred to the Committee on Banking, Housing, and Urban Affairs.
  • S. 3623 (Bunning, R-Ky.) (fuel) would promote coal-to-liquid fuel activities. 152 Cong. Rec. S6787 (daily ed. June 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3627 (Obama, D-Ill.) (mercury) would prohibit the DOD and DOE from selling, distributing, or transferring elemental mercury and prohibit the export of elemental mercury. 152 Cong. Rec. S6787 (daily ed. June 29, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3628 (Snowe, R-Me.) (energy) would amend the Internal Revenue Code of 1986 to improve and extend certain energy-related tax provisions. 152 Cong. Rec. S6787 (daily ed. June 29, 2006). The bill was referred to the Committee on Finance.
  • H.R. 5632 (Shimkus, R-Ill.) (fuel efficiency) would amend Chapter 301 of title 49, U.S. Code, to establish a national tire fuel efficiency consumer information program. 152 Cong. Rec. H4189 (daily ed. June 16, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5633 (Biggert, R-Ill.) (energy) would establish a program of demonstration and commercial application of advanced energy efficiency technologies and systems for buildings. 152 Cong. Rec. H4189 (daily ed. June 16, 2006). The bill was referred to the Committee on Science.
  • H.R. 5634 (Biggert, R-Ill.) (energy) would authorize research, development, demonstration, and commercial application activities for advanced energy technologies. 152 Cong. Rec. H4189 (daily ed. June 16, 2006). The bill was referred to the Committee on Science.
  • H.R. 5639 (Herseth, D-S.D.) (Mni Wiconi Rural Water Supply Project) would reauthorize the Mni Wiconi Rural Water Supply Project. 152 Cong. Rec. H4220 (daily ed. June 19, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5642 (Waxman, D-Cal.) (climate) would reduce greenhouse gas emissions and protect the climate. 152 Cong. Rec. H4327 (daily ed. June 20, 2006). The bill was referred to the Committees on Energy and Commerce and on International Relations.
  • H.R. 5643 (Biggert, R-Ill.) (technology) would authorize the commercial application and transfer of technologies developed by the DOE. 152 Cong. Rec. H4327 (daily ed. June 20, 2006). The bill was referred to the Committee on Science.
  • H.R. 5644 (McCaul, R-Tex.) (technology) would authorize higher education curriculum development and graduate training in advanced energy and green building technologies. 152 Cong. Rec. H4327 (daily ed. June 20, 2006). The bill was referred to the Committee on Science.
  • H.R. 5646 (Rogers, R-Mich.) (energy efficiency) would study and promote the use of energy efficient computer servers in the United States. 152 Cong. Rec. H4327 (daily ed. June 20, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5649 (Harris, R-Fla.) (mineral resources) would provide for exploration, development, and production activities for mineral resources on the outer continental shelf. 152 Cong. Rec. H4327 (daily ed. June 20, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5650 (Hulshof, R-Mo.) (fuel) would amend the Internal Revenue Code of 1986 to make permanent certain tax incentives for ethanol and biodiesel fuel. 152 Cong. Rec. H4327 (daily ed. June 20, 2006). The bill was referred to the Committee on Ways and Means.
  • H.R. 5653 (Lewis, R-Ky.) (energy) would amend the Internal Revenue Code of 1986 to promote investment in energy independence through coal-to-liquid technology, biomass, and oil shale. 152 Cong. Rec. H4327 (daily ed. June 20, 2006). The bill was referred to the Committee on Ways and Means.
  • H.R. 5656 (Biggert, R-Ill.) (energy) would provide for federal energy research, development, demonstration, and commercial application activities. 152 Cong. Rec. H4223 (daily ed. June 21, 2006). The bill was referred to the Committee on Science.
  • H.R. 5658 (Gordon, D-Tenn.) (alternative fuel) would facilitate the development of markets for alternative fuels and ultra low sulfur diesel fuel through research, development, and demonstration and data collection. 152 Cong. Rec. H4223 (daily ed. June 21, 2006). The bill was referred to the Committee on Science.
  • H.R. 5659 (Gordon, D-Tenn.) (energy) would provide for the demonstration and commercial application of innovative energy technologies derived from federally sponsored research and development programs by incorporating those technologies into federal buildings. 152 Cong. Rec. H4223 (daily ed. June 21, 2006). The bill was referred to the Committee on Science.
  • H.R. 5663 (Gohmert, R-Tex.) (oil and gas exploration) would penalize states that prohibit oil and gas exploration within their borders by denying them the use of any oil or natural gas produced domestically elsewhere. 152 Cong. Rec. H4223 (daily ed. June 21, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5665 (Simpson, R-Idaho) (land conveyance) would authorize the Secretary of the Interior to convey certain land and improvements of the Gooding Division of the Minidoka Project, Idaho. 152 Cong. Rec. H4223 (daily ed. June 21, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5666 (Simpson, R-Idaho) (repayment obligations) would authorize early repayment of obligations to the Bureau of Reclamation within the A&B Irrigation District in Idaho. 152 Cong. Rec. H4223 (daily ed. June 21, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5678 (Young, R-Alaska) (pipeline transportation) would provide for enhanced safety and environmental protection in pipeline transportation and provide for enhanced reliability in the transportation of the nation's energy products by pipeline. 152 Cong. Rec. H4554 (daily ed. June 26, 2006). The bill was referred to the Committees on Transportation and Infrastructure, Energy and Commerce, and Resources.
  • H.R. 5679 (Boehlert, R-N.Y.) (energy) would establish a grant program to fund eligible joint ventures between United States and Israeli businesses and academic persons and establish the International Energy Advisory Board. 152 Cong. Rec. H4554 (daily ed. June 26, 2006). The bill was referred to the Committee on Science.
  • H.R. 5682 (Hyde, R-Ill.) (energy) would exempt from certain requirements of the Atomic Energy Act of 1954 a proposed nuclear agreement for cooperation with India. 152 Cong. Rec. H4554 (daily ed. June 26, 2006). The bill was referred to the Committee on International Relations and the Committee on Rules.
  • H.R. 5690 (Boren, D-Okla.) (Ouachita National Forest) would adjust the boundaries of the Ouachita National Forest in Arkansas and Oklahoma. 152 Cong. Rec. H4679 (daily ed. June 27, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5695 (Lungren, R-Cal.) (chemical facilities) would amend the Homeland Security Act of 2002 to provide for the regulation of certain chemical facilities. 152 Cong. Rec. H4794 (daily ed. June 28, 2006). The bill was referred to the Committee on Homeland Security and the Committee on Energy and Commerce.
  • H.R. 5697 (Pombo, R-Cal.) (wildland fires) would provide for the appropriate designation of certain federal positions involved in wildland fire suppression activities. 152 Cong. Rec. H4794 (daily ed. June 28, 2006). The bill was referred to the Committee on Government Reform.
  • H.R. 5700 (Blunt, R-Mo.) (CAA) would amend the CAA to provide for a reduction in the number of boutique fuels. 152 Cong. Rec. H4974 (daily ed. June 28, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5702 (Linder, R-Ga.) (fuel) would suspend the excise tax on fuel used in commercial aviation. 152 Cong. Rec. H4794 (daily ed. June 28, 2006). The bill was referred to the Committee on Ways and Means.
  • H.R. 5703 (Meehan, D-Mass.) (fuel) would amend the Internal Revenue Code of 1986 to provide a credit for the purchase of qualified flexible fuel motor vehicles. 152 Cong. Rec. H4974 (daily ed. June 28, 2006). The bill was referred to the Committee on Ways and Means and the Committee on Energy and Commerce.
  • H.R. 5705 (Rehberg, R-Mont.) (water diversion) would authorize the Secretary of the Interior to conduct studies to determine the feasibility and environmental impact of rehabilitating the St. Mary Diversion and Conveyance Works and the Milk River Project, authorize the rehabilitation and improvement of the St. Mary Diversion and Conveyance Works, and develop an emergency response plan for use in the case of catastrophic failure of the works. 152 Cong. Rec. H4974 (daily ed. June 28, 2006). The bill was referred to the Committee on Resources.
  • H. Res. 879 (Cleaver, D-Mo.) (alternative fuel) would express the sense of the House of Representatives that members of the House should use alternative fuel vehicles in their professional and personal lives. 152 Cong. Rec. H4327 (daily ed. June 20, 2006). The resolution was referred to the Committee on Energy and Commerce.
  • H. Res. 880 (Garrett, R-N.J.) (takings) would express the sense of the House of Representatives on the occasion of the first anniversary of the U.S. Supreme Court's decision in Kelo v. City of New London, No. 04-108, 35 ELR 20134 (2005). 152 Cong. Rec. H4327 (daily ed. June 20, 2006). The resolution was referred to the Committee on the Judiciary.

 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:

Alabama Idaho Michigan North Carolina Texas Alaska Indiana Minnesota Ohio Utah California Iowa Missouri Oklahoma Virginia Colorado Kentucky Montana Rhode Island Washington Florida Maine Nevada South Carolina West Virginia Hawaii Massachusetts New Jersey South Dakota Wisconsin

ALABAMA

Air:

  • The Alabama Department of Environmental Management (ADEM) proposes to include revisions to ADEM Administrative Code Rules 335-3-10-.02, Designated Standards of Performance, and 335-3-10-.03, Appendices, and to add a new Chapter 335-3-21, Control of Mercury Emissions. Comments are due August 11, 2006. A public hearing will be held August 9, 2006. See http://www.adem.state.al.us//PublicNotice/June/Div3.htm

ALASKA

Land Use:

Water:

  • The Department of Environmental Conservation (DEC) proposes to revise Title 18, Chapter 80, of the Alaska Administrative Code, dealing with drinking water. These proposed changes will improve the consistency between state and federal drinking water regulations pertaining to public notification; variances and exemptions; recordkeeping; applicability of requirements for surface water, groundwater under the direct influence of surface water, and groundwater sources; correcting water system deficiencies; and Comprehensive Performance Evaluation and Comprehensive Technical Assistance. The proposed changes define the requirements of a sanitary survey inspector and a sanitary survey inspection. DEC is also changing the regulations to make them internally consistent, to improve their readability, and to clarify and add definitions. Comments are due July 26, 2006. See http://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/9471af9f0e3b9451892571990076aa46?OpenDocument

CALIFORNIA

Air:

  • The South Coast Air Quality Management District has scheduled a public workshop and scoping meeting regarding Proposed Amended Rule 1470, Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines. Proposed changes resulting from the amended airborne toxic control measure include allowing up to 30 hours of operation of older diesel emergency standby engines at health facilities for maintenance and testing purposes and adding launch tracking of Department of Defense flight hardware to the definition of emergency use.  New and modified definitions, date clarifications, grammatical corrections, and other corrections are also proposed. Comments are due July 25, 2006. A public hearing will be held July 6, 2006. See http://www.aqmd.gov/pub_edu/notice_1470_Jul_6_06.html
  • On November 15, 2001, the Air Resources Board (ARB) adopted a regulation that established a distributed generation (DG) certification program as required by Senate Bill 1298. The DG certification program requires electrical generation technologies that are exempt from district permit requirements to be certified by the ARB to specific emission standards before they can be sold in California. These technologies include microturbines and fuel cells. Staff is currently developing amendments to the DG certification regulation. The proposed amendments are scheduled to be presented to the ARB in October 2006. Staff will discuss draft proposed amendments at a public workshop on July 6, 2006. See http://www.arb.ca.gov/energy/dg/workshopnotice.pdf
  • The California Air Resources Board amended its regulations on June 15 for portable equipment used throughout California. The program gives owners of equipment used in temporary construction, oil and water drilling, and other work projects a "one stop" registration process and supports existing local air pollution district programs. See http://www.arb.ca.gov/newsrel/nr062306.htm
  • The California Air Resources Board, Union Pacific Railroad, and BNSF Railway will hold a second public meeting to discuss potential future emission control measures to reduce railroad emissions. These semi-annual meetings are being convened by as part of the Statewide Rail Yard Agreement. The meetings provide an opportunity for the public to help identify and discuss future railroad emission control measures that can be implemented in the near-term, mid-term, and long-term. These meetings also provide the opportunity for the public to hear about the latest information on railroad emission control technologies and to explore additional ways to reduce railroad emissions. The meeting will be held July 13, 2006. See http://www.arb.ca.gov/railyard/ryagreement/713ltrts.pdf
  • The Air Resources Board proposes amendments to the airborne toxic control measure for chromium plating and chromic acid anodizing facilities. Public workshops were held June 27 and 30, 2006. See http://www.arb.ca.gov/toxics/chrome/62706.pdf

Toxic Substances :

  • The Department of Toxic Substances Control (DTSC) will conduct a public workshop to solicit input on the development of draft regulations for revisions to secondary containment requirements. In this rulemaking, the DTSC is proposing to clarify, simplify, and delete outdated deadlines for tank integrity assessments and secondary containment and establish a deadline for tank systems to comply with secondary containment requirements when their waste become hazardous waste in the future. The workshop will be held September 8, 2006. See http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/upload/HWMP_PN_Secondary_Containment.pdf

COLORADO

Air:

  • The Air Quality Control Commission is considering whether to hold a public rulemaking hearing to consider a proposal to adopt by reference a set of provisions that incorporate recent changes to the federal requirements for emissions from municipal solid waste landfills and to consider proposed revisions to the performance testing requirements for air curtain destructors. Written comments are due September 6, 2006. A hearing will be held September 21, 2006 (no testimony will be accepted at this hearing). See http://www.cdphe.state.co.us/op/aqcc/aqccdown/reg6noticesept.pdf
  • The Air Quality Control Commission will hold a public rulemaking hearing to consider a proposal to adopt a program for the control of mercury emissions from coal fired electric utility steam generating units. The Commission will also consider adopting by reference revisions to its regulation on the control of emissions of acid deposition precursors that EPA made to 40 CFR pt. 72 regarding the definition of sorbent trap and continuous emission monitoring system. The hearing will be held September 21, 2006. Written comments are due 14 days prior to the hearing. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/reg6_18noticesept.pdf

Water:

FLORIDA

Hazardous & Solid Wastes:

  • The Department of Environmental Protection proposes to add Subchapter 62-730.186, Universal Pharmaceutical Waste, to Chapter 62-730, Hazardous Waste. The proposed amendments are intended to allow flexibility in the management of hazardous waste pharmaceuticals by regulating such waste as universal waste and to clarify standards applicable to handlers of hazardous waste pharmaceuticals. A public hearing will be held July 14, 2006. See http://tlhora6.dep.state.fl.us/onw/publications/14-NRDworkshop-6-23-06-INT.pdf

Water:

  • The Department of Environmental Protection has made changes to the proposed amendments to Chapter 62-304, TMDLs; Chapter 62-304.800, Caloosahatchee River Basin; and Chapter 62-304.505, Middle St. Johns River Basin. These changes were made after considering comments received from the Joint Administrative Procedures Committee in its letter of June 1, 2006. The Department will accept public comment on the revised proposed rule through July 14, 2006. See http://tlhora6.dep.state.fl.us/onw/publications/5-NOC62304800-6-23-06-INT.pdf and http://tlhora6.dep.state.fl.us/onw/publications/6-NOC62304505-6-23-06-INT.pdf
  • The Department of Environmental Protection gives notice of a public workshop and public comment period on draft TMDLs for Wagner Creek, which is in the Southeast Coast-Biscayne Bay basin. The TMDLs to be presented at the public workshop are for fecal and total coliform bacteria. Comments are due July 31, 2006. A public workshop will be held July 12, 2006. See http://tlhora6.dep.state.fl.us/onw/publications/15-WagnerCreekwkshp-6-23-06-INT.pdf
  • The Department of Environmental Protection issued a notice of proposed rulemaking to amend Chapter 62-330 to update the Southwest Florida Water Management District's Basis of Review for Environmental Resource Permit Applications (including Appendix 6), which the district adopted by reference in rule 40D-4.091, F.A.C. (OGC No. 06-1207). Written comments are due within 14 days of the date of this notice. See http://tlhora6.dep.state.fl.us/onw/publications/4-NPRBOR-6-23-06-INT.pdf
  • The Department of Environmental Protection gives notice of rule development in preparation for rulemaking to establish TMDLs for certain waters in the Nassau, Kissimmee, St. Lucie, Lake Worth Lagoon, Southeast Coast, and Fisheating Creek River Basins. The Department plans to hold public workshops for the draft TMDLs as they are completed. Information about public workshops for TMDLs under development will be provided in separate notices as the logistical details of the workshops are finalized. See http://tlhora6.dep.state.fl.us/onw/publications/19-NRD62304GR4-6-23-06-INT.pdf
  • The Department of Environmental Protection issued a notice of proposed rulemaking to amend Chapter 62-330 to update the rules of the Southwest Florida Water Management District establishing minimum flows and levels for lakes that are incorporated by reference for use by the Department (OGC No. 06-1206). The only visible change to rule 62-330.200(3)(c) is in the effective date. Comments are due 14 days from the date of this notice. See http://tlhora6.dep.state.fl.us/onw/publications/12-NPR62330200-6-23-06-INT.pdf
  • The Department of Environmental Protection announces a change to proposed Chapter 62-304.325, Choctawhatchee River Basin TMDL, as initially published on April 21, 2006. The Department will accept public comment on the revised proposed rule through July 14, 2006. See http://tlhora6.dep.state.fl.us/onw/publications/7-NOC62304325-6-23-06-INT.pdf
  • The Department of Environmental Protection announces a change to proposed Chapter 62-304.510, Upper St. Johns River Basin TMDL, as initially published on April 21, 2006. The Department will accept public comment on the revised proposed rule through July 14, 2006. See http://tlhora6.dep.state.fl.us/onw/publications/8-NOC62304510-6-23-06-INT.pdf

HAWAII

Wildlife:

  • The Department of Land and Natural Resources will hold public hearings to receive testimony on proposed amendments to rules regarding lay net (gill net) use. The amendments include requiring net registration, limiting net dimensions, restricting soak times, banning use at night, and other changes. Lay net use would be prohibited all around Maui, and on Oahu between Portlock Point and the Pearl Harbor channel, from Mokapu Peninsula to Bellows Air Force Base, and in Kaneohe Bay between the ship channels. Public meetings will be held July 18, 19, and 20, 2006. See http://www.hawaii.gov/dlnr/dar/pubs/laynetpubhrg.pdf
  • The Department of Land and Natural Resources will hold a public hearing to receive testimony on proposed amendments to Hawaii Administrative Rule Chapter 13-64, Kokee Public Fishing Area, Kauai. The purpose of the public hearing is to provide any interested person the opportunity to submit data, provide viewpoints, or to testify on the proposed rule amendments to give the Department the flexibility to adjust the open season for fishing for rainbow trout, declare a daily bag limit based on the viability of the trout population, and to adjust the fishing day period that is suitable for the time of year in which the fishing season is declared.  There are additional non-substantive proposed changes to add clarity to the rule's language.  It is anticipated that giving the Department the flexibility to adjust the open fishing season, bag limit, and duration of the fishing day will result in more and better opportunities for the public to fish for rainbow trout. A public hearing will be held July 6, 2006. See http://www.hawaii.gov/dlnr/dar/notices.htm#kauai

IDAHO

Water:

  • The Department of Environmental Quality (DEQ) proposes to add a standard for fecal coliform and E. coli bacteria. The purpose of this rulemaking is to make revisions that would allow DEQ to use improvements in analytical technology implemented since the groundwater quality rule was promulgated in 1997 to identify the subset of coliform bacteria more likely to be harmful to human health.  The proposed standard for both fecal coliform and E. coli bacteria is less than one viable colony or less than one colony forming unit/100 ml as determined by any U.S. EPA approved method.  Comments are due August 2, 2006. See http://www.deq.idaho.gov/rules/groundwater/58_0111_0601_proposed.cfm

INDIANA

Air:

Hazardous & Solid Wastes:

  • The Solid Waste Management Board added 329 IAC 3.1-6-7 to its regulations to conditionally exclude from regulation under 329 IAC 3.1 wastewater treatment sludge from the conversion coating of aluminum, hazardous waste code F019, generated by the General Motors Corporation Fort Wayne Assembly Plant. See http://www.in.gov/legislative/register/July-1-2006.html

Land Use:

  • The Natural Resources Commission amended 312 IAC 16-5-4 to authorize the director of the Department of Natural Resources to grant a variance from the requirement to install an intermediate string of casing as a result of amendments to IC 14-37-7-3 (P.L. 80-2005, §6), which requires the running of an intermediate string of casing, whether drilled through a pillar or not, to 50 feet below the base of a commercially mineable coal resource for any oil and gas well drilled on lands underlain by an inactive underground mine or on lands within the permit boundaries of and active underground mine permitted under IC 14-34, and which variance is authorized under specific circumstances upon receipt of a written application for such variance, and to outline the provisions necessary for consideration of a variance request that includes well drilling in a manner that maintains structural integrity, is protective of the environment, and for which written consent from the coal operator of the underground mine has been granted. The commission also amended 312 IAC 16-5-5 to correct an administrative code citation. See http://www.in.gov/legislative/register/July-1-2006.html
  • The Natural Resources Commission amended 312 IAC 16-1 to delete a citation to 312 IAC 17-3, the enabling statute for which was repealed by P.L.80-2005, §6, and to add definitions for eight terms concerning mining utilized within IC 14-37-7 and 312 IAC 16-5-4. See http://www.in.gov/legislative/register/July-1-2006.html

Water:

  • The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 327 IAC 5-22 concerning the classification of wastewater treatment plants and the examination and certification of wastewater treatment operators. IDEM seeks comment on the affected citation and any other provisions of Title 327 that may be affected by this rulemaking. Comments are due July 30, 2006. See http://www.in.gov/legislative/register/xml/old-ir/Vol29/10Jul/11ID327060179.pdf
  • The Indiana Department of Environmental Management has developed draft rule language for an amendment to 327 IAC 2-1-8.9 and has scheduled a September 13, 2006, public hearing/meeting before the Water Pollution Control Board for consideration of preliminary adoption of this rule amendment regarding certain site-specific water quality criteria for cadmium . See http://www.in.gov/legislative/register/xml/old-ir/Vol29/10Jul/11ID327060181.pdf
  • The Indiana Department of Environmental Management is soliciting public comment on the readoption of administrative rules in Title 327 of the Indiana Administrative Code pursuant to IC 13-14-9.5. Comments are due July 31, 2006. See http://www.in.gov/legislative/register/xml/old-ir/Vol29/10Jul/11ID327060183.pdf
  • The Indiana Department of Environmental Management has developed draft rule language for amendments to 329 IAC 9, Underground Storage Tanks, concerning additional measures to protect groundwater by requiring new and existing tanks and piping to have secondary containment within 1,000 feet of any community public water supply system or potable drinking water well. Comments are due August 1, 2006. See http://www.in.gov/legislative/register/xml/old-ir/Vol29/10Jul/11ID329060182.pdf

Wildlife:

  • The Natural Resources Commission amended 312 IAC 9-3-2 and added 312 IAC 9-3-18.5, concerning the hunting of white-tailed deer possessed under a game breeder license and the taking, possessing, and releasing of exotic mammals, to prohibit the taking and releasing of the exotic mammals described in the rule. The commission also added 312 IAC 9-10-21, which concerns cervidae possession permits. See http://www.in.gov/legislative/register/July-1-2006.html
  • The Natural Resources Commission has adopted an emergency rule to temporarily amend 312 IAC 9 with respect to the taking of lizards at Falls of the Ohio State Park and the adjacent federal Falls of the Ohio Wildlife Conservation Area. See http://www.in.gov/legislative/register/July-1-2006.html

IOWA

Land Use:

  • The Division of Soil Conservation amended Chapter 11, Conservation Practices Revolving Loan Fund, of the 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. These amendments will become effective on July 26, 2006, at which time the adopted and filed emergency amendments will be rescinded. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060621.pdf (page 1877)

KENTUCKY

Air:

  • The Kentucky Environmental and Public Protection Cabinet and the Louisville Metro Air Pollution Control District will conduct a public hearing to receive comments on a proposed SIP revision to redesignate the Kentucky portion of the Louisville, Kentucky-Indiana ozone nonattainment area to attainment for the eight-hour ozone NAAQS.  This revision, when approved by U.S. EPA, will redesignate Bullitt, Oldham, and Jefferson counties to attainment, and document that the ambient monitoring data for eight-hour ozone indicates attainment of the standard.  The proposal also includes a plan for the area to maintain compliance with the standard and implement contingency measures in case subsequent violations of the standard occur. The hearing will be held on July 19, 2006. See http://www.air.ky.gov/NR/rdonlyres/A05A6F48-541B-4D7E-87DD-9FBF8B771F21/0/JeffersonCountyRedesignationHearingNotice.pdf
  • The Kentucky Environmental and Public Protection Cabinet will conduct a public hearing to receive comments on a proposed SIP revision to redesignate the Kentucky portion of the Huntington-Ashland, West Virginia-Kentucky ozone nonattainment area to attainment for the eight-hour ozone NAAQS.  This revision, when approved by U.S. EPA, will redesignate Boyd County to attainment, and document that the ambient monitoring data for eight-hour ozone indicates attainment of the standard. The proposal also includes a plan for the area to maintain compliance with the standard and implement contingency measures in case subsequent violations of the standard occur. The hearing will be held on July 20, 2006. See http://www.air.ky.gov/NR/rdonlyres/34E9CAF3-36B2-44C3-A1A0-17B8089E02E5/0/BoydCountyRedesignationHearingNotice.pdf

MAINE

Hazardous & Solid Wastes:

  • The Department of Environmental Protection revised Chapters 402, 405, 409 and 418 of the Maine Solid Waste Management Rules. The changes primarily apply to the separation, processing, testing, and combustion of wood separated from construction and demolition debris to be used as a fuel by biomass boilers. These revisions establish new standards and requirements for separating usable wood from other potential contaminants, for storing and processing this wood into fuel, and for the utilization of this wood as a fuel substitute for up to 50% of a biomass boiler facility's fuel use. This rule also establishes a transition provision that requires previously licensed beneficial uses of wood from construction and demolition debris to comply with the new regulatory provision by July 31, 2006. This rule becomes effective June 16, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm

Water:

  • The Department of Environmental Protection proposes Chapter 543, Rules to Control the Subsurface Discharge of Pollutants, to repeal and replace the rule originally adopted in 1983. The proposed rule describes the regulatory requirements for discharging wastewater into the ground in Maine. This chapter is the state's companion rule to the federal underground injection control program (40 CFR pt. 144) and integrates existing state and federal subsurface wastewater disposal requirements. Comments are due July 28, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm

Wildlife:

  • The Department of Inland Fisheries and Wildlife is proposing regulation changes to Chapter 1, Open Water and Ice Fishing Regulations, for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine's inland fisheries and to enhance fishing opportunities throughout the state. Public hearings will be held July 10-13, 2006. Comments are due August 4, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm
  • The Department of Marine Resources has adopted Chapter 9, Harvester: Shellstock Harvesting, Handling and Sanitation--Compliance Updates. These adopted regulations provide for compliance and consistency with new shellfish law changes effective September 17, 2005, pursuant to public law, chapter 434 (L.D. 1449) and the National Shellfish Sanitation Program Model Ordinance under the federal U.S. Food and Drug Administration. This rule becomes effective June 27, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm
  • The Department of Marine Resources has adopted Chapter 15, General Shellfish Sanitation Requirements. The adopted amendments provide compliance and consistency with new shellfish law changes effective September 17, 2005, pursuant to public law, chapter 434 (L.D. 1449) and the National Shellfish Sanitation Program Model Ordinance under the federal U.S. Food and Drug Administration. This rule becomes effective June 27, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm
  • The Department of Marine Resources has adopted Chapter 25.08(A)(3), Double Tagging in Zone G & Zone F. The double lobster trap tagging provision has been adopted. This regulation requires the use of removable tags by non-Zone G lobstermen, who fish in Zone G, when fishing traps in Zone G, and by non-Zone F lobstermen, who fish in Zone F, when fishing traps in Zone F. This measure is intended to increase the Marine Patrol's ability to enforce the current 49/51% trap component of the Lobster Zone Limited Entry rules of Zone G and Zone F. This tagging requirement is effective September 1, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm
  • The Department of Marine Resources has adopted Chapter 36.01(A)(5),(6)&(7), Herring Regulations, Area 1, 2 & 3 Definitions. The Atlantic States Marine Fisheries Commission's Atlantic Herring Section approved Amendment 2 to the Interstate Fishery Management Plan for Atlantic Herring on January 25, 2006. In part, the Amendment redefines Managements Areas 1B, 2, and 3, resulting in a larger area covered by Management Area 3 (Georges Bank). The rule becomes effective January 1, 2007. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm
  • The Department of Marine Resources has adopted Chapter 36.01(D)(1), Herring Regulations, Spawning Area Restrictions. The Atlantic States Marine Fisheries Commission’s Atlantic Herring Section approved Amendment 2 to the Interstate Fishery Management Plan for Atlantic Herring on January 25, 2006. In part, the Amendment implements a "zero tolerance" provision during spawning closures, prohibiting any vessel from the transfer, landing or possession of spawn herring (stages V or VI) from or within a restricted spawning area. There is no change to the Eastern Maine fixed gear fisheries exemption from spawning restrictions. This regulation becomes effective August 15, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm
  • The Department of Marine Resources has adopted Chapter 50.02(B), Spiny Dogfish and Coastal Sharks--Spiny Dogfish Limit. This adopted regulation implements a trip limit for spiny dogfish in Maine's territorial waters of 600 pounds when a concurrent federal and state waters closure is not in effect. This amendment provides compliance with, and contributes to, the stock rebuilding objectives of the Fisheries Management Plan for spiny dogfish. The rule becomes effective June 27, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm
  • The Department of Marine Resources has adopted Chapters 50.01 and 50.10, Spiny Dogfish and Coastal Sharks--Finning. These adopted regulations implement a prohibition in Maine's territorial waters for the process of "finning" spiny dogfish or coastal sharks. This measure provides enforcement consistency with the NMFS federal regulations for sharks and the Atlantic States Marine Fisheries Commission's Fisheries Management Plan for spiny dogfish. The rule becomes effective June 27, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm
  • The Department of Marine Resources has adopted Chapter 55.04(D), Maine Gillnet Bait Fishing Regulations, New Meadows River restrictions. These adopted regulations implement a four-hour tending and hauling requirement to fish bait gillnets in the New Meadows River north of a line from Hopkins Island to a point on the Phippsburg shore south of the Basin Cove entrance. This rule expires after two seasons on December 31, 2007. The rule becomes effective June 27, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/062106.htm

MASSACHUSETTS

Water:

  • The Department of Environmental Protection proposes revisions to 310 CMR 22.00, Drinking Water. The major focus of the proposed revisions to 310 CMR 22.00 addresses corrections made by U.S. EPA to their rules and requirements arising out of changes to analytical methods, changes to rules made by U.S. EPA, and technical corrections made by U.S. EPA. These revisions include corrections to 310 CMR 22.02, 22.04, 22.05, 22.06, 22.06B, 22.07, 22.07A, 22.07E, 22.09, 22.09A, 22.13, 22.14, 22.15, 22.16, 22.16A, 22.19, 22.20A, 22.20B, 22.20F, and 310 CMR 22.21, which must be incorporated into the Massachusetts Drinking Water Regulations to comply with state primacy for these rules. The Department is also making a correction to 310 CMR 22.05 to clarify that all systems that provide any type of treatment to their source are required to conduct raw water monitoring. This request for clarification on the type of treatment that triggers monitoring was from water suppliers and consultants. 310 CMR 22.22, a state requirement for cross connections, has only been revised for technical corrections. A public hearing was held June 28, 2006. Comments are due July 10, 2006. See http://www.mass.gov/dep/water/laws/dwregchg.htm

MICHIGAN

Water:

  • The Department of Environmental Quality is considering the removal of the Beneficial Use Impairment (BUI), Degradation of Benthos, in the Manistique River Area of Concern (AOC), Schoolcraft County. The Manistique River is a Great Lakes AOC, and in order to be delisted as an AOC, all BUIs must be restored. The purpose of the public meeting is to discuss the restoration status of the benthic community and to obtain comments on removal of this BUI for the Manistique River AOC. A public hearing will be held July 12, 2006. Comments are due July 26, 2006. See http://www.michigan.gov/deq/0,1607,7-135-3308-145768--,00.html#PublicHearings
  • The Water Bureau is announcing the availability of the draft Red Run Drain/Bear Creek pathogen TMDL for comment. These water bodies are located at the border of Macomb, Oakland, and Wayne counties, northeast of Warren, and were included on Michigan's Year 2004 Section 303(d) list due to elevated E. coli levels. The TMDL is being developed to identify the necessary pathogen reductions to meet water quality standards. A public meeting will be held July 26, 2006. Comments are due August 2, 2006. See http://www.michigan.gov/deq/0,1607,7-135-3308-145768--,00.html#PublicHearings

General:

  • The Environmental Science and Services Division will be holding a public hearing on the proposed addition of R 324.1401-R 324.1422 (SOAHR No. 2005-071EQ). These proposed rules establish a uniform set of laboratory standards and departmental procedures to implement, enforce, and uniformly perform duties prescribed under the act for the Laboratory Recognition Program. Comments are due July 7, 2006. A public hearing will be held July 6, 2006. See http://www.michigan.gov/deq/0,1607,7-135-3308-145768--,00.html#PublicHearings

MINNESOTA

Air:

  • The Minnesota Pollution Control Agency (MPCA) amended the notice it published in the State Register on June 6, 2005, at 30 SR 450. The MPCA added large municipal waste combustors on its planned rule amendments governing emissions and operations of solid waste combustors. This rulemaking is being undertaken to incorporate current federal rules into state rules for large and small municipal waste combustors, hospital, medical, and infectious waste incinerators, air curtain incinerators, and commercial/industrial waste combustors. The rulemaking will also address conflicts between federal rules and existing state rules, as well as correct errors in current state rules. Incorporating the federal standards into Minnesota's state rules will allow the MPCA to request delegation authority from the U.S. EPA for implementation and enforcement of these standards under CAA §111(d). Comments are due July 19, 2006. See http://www.pca.state.mn.us/news/data/bdc.cfm?noticeID=271776&blobID=13428&docTypeID=4

Water:

  • The Minnesota Pollution Control Agency (MPCA) intends to adopt rule amendments to Minnesota Rules, Chapter 7050, governing the classification and standards for waters of the state. Minnesota Laws 2003, Chapter 128, Article 1, §156, as amended by Minnesota Laws 2005, Chapter 1, Article 2, §151, requires the MPCA to adopt rules relating to water quality assessment for the waters of the state by October 1, 2006. These proposed rule amendments, when adopted, will satisfy that requirement. A public hearing will not be held unless requested by 25 people. Comments are due July 19, 2006. See http://www.pca.state.mn.us/news/data/bdc.cfm?noticeID=271853&blobID=13487&docTypeID=4

MISSOURI

Air:

  • The Air Conservation Commission proposes amendments to Chapter 6, concerning air quality standards, definitions, sampling and reference methods, and air pollution control regulations. The purpose of this rulemaking is to amend 10 CSR 10-6.070 to incorporate 40 CFR pt. 60 subparts promulgated or amended between July 1, 2003, and June 30, 2004, and to clarify the applicability section intent. A public hearing will be held July 20, 2006. The commission proposes to amend subsection (1)(A), add new subsection (1)(C), renumber original subsection (1)(C), and amend section (3). This rule establishes acceptable design and performance criteria for specified new or modified emission sources. Written comments are due July 27, 2006. See http://www.sos.mo.gov/adrules/moreg/current/2006/v31n12/v31n12b.pdf (page 906)
  • The Air Conservation Commission proposes amendments to Chapter 6, concerning air quality standards, definitions, sampling and reference methods, and air pollution control regulations. Specifically, the commission proposed to amend 10 CSR 10-6.075, Maximum Achievable Control Technology Regulations, to incorporate 40 CFR pt. 63 subparts promulgated or amended between July 1, 2002, and June 30, 2003, and to clarify the applicability section intent. A public hearing will be held July 20, 2006. Written comments are due July 27, 2006. See http://www.sos.mo.gov/adrules/moreg/current/2006/v31n12/v31n12b.pdf (page 908)
  • The Air Conservation Commission proposes amendments to Chapter 6, concerning air quality standards, definitions, sampling and reference methods, and air pollution control regulations. Specifically, the commission proposes to amend 10 CSR 10-6.080, Emission Standards for Hazardous Air Pollutants, to incorporate 40 CFR pt. 61 subparts promulgated or amended between July 1, 2003, and June 30, 2004, and to clarify the applicability section intent. A public hearing will be held June 20, 2006. Written comments are due July 27, 2006. See http://www.sos.mo.gov/adrules/moreg/current/2006/v31n12/v31n12b.pdf (page 910)
  • The Air Conservation Commission proposes amendments to Chapter 6, concerning air quality standards, definitions, sampling and reference methods, and air pollution control regulations. Specifically, the commission proposed to amend 10 CSR 10-6.110, Submission of Emission Data, Emission Fees, and Process Information. This amendment will establish emission fees for Missouri facilities as required annually and will change the April 1 due dates for emission fees and emission inventory questionnaires to June 1 so all classifications will have the June 1 due date. A public hearing will be held July 20, 2006. Written comments are due July 27, 2006. See http://www.sos.mo.gov/adrules/moreg/current/2006/v31n12/v31n12b.pdf (page 911)
  • The Air Conservation Commission proposes amendments to Chapter 6, concerning air quality standards, definitions, sampling and reference methods, and air pollution control regulations. Specifically, the commission proposed to amend 10 CSR 10-6.345, Control of Nitrogen Oxide (NOx) Emissions From Upwind Sources. The purpose of this rule is to protect the air quality in the St. Louis area by addressing NOx sources proposed for construction outside and upwind of the St. Louis nonattainment area. A public hearing will be held July 20, 2006. Written comments are due July 27, 2006. See http://www.sos.mo.gov/adrules/moreg/current/2006/v31n12/v31n12b.pdf (page 919)

MONTANA

Air:

  • The Board of Environmental Review proposes amendments to ARM 17.8.501, 17.8.505, and 17.8.514 pertaining to definitions, air quality operation fees, and open burning fees. The board is proposing to assess an annual flat fee of $600 for portable facilities rather than basing their fee on emissions of air pollutants. A flat fee is more appropriate for portable sources than a fee based on emissions of air pollutants because emission levels are not a good measure of the amount of staff resources required to regulate portable sources. Portable sources require approximately the same amount of regulatory review regardless of size. The board is proposing to amend ARM 17.8.501 to add a definition of "portable facility" because the term has not previously been defined in subchapter 5, and proposed amendments to ARM 17.8.505 would institute a new method of fee assessment for portable facilities. A public hearing will be held August 8, 2006. See http://deq.mt.gov/dir/legal/Notices/17-248pro.pdf

Toxic Substances:

  • The Petroleum Tank Release Compensation Board proposes amendments to ARM 17.58.326 and 17.58.336 pertaining to applicable rules governing the operation and management of petroleum storage tanks and review of claims. The 2005 legislature renumbered 75-11-308(1)(a)(ii), MCA, to 75-11-308(1)(b)(ii), MCA, and deleted former 75-11-308(1)(c), MCA, and added a new section 75-11-309(1)(b), MCA. A public hearing will be held June 7, 2006. See http://deq.mt.gov/dir/legal/Notices/17-247pro.pdf

NEBRASKA

Air:

  • The Nebraska Department of Environmental Quality (NDEQ) is initiating a rulemaking process to respond to U.S. EPA's Clean Air Mercury Rule. The NDEQ is interested in receiving stakeholder input into the development of the state regulations that are necessary to respond to the Clean Air Mercury Rule. It will host a series of stakeholder meetings to discuss rule development options, rule implementation, and solicit input from those who have a particular interest in these air emission issues, including representatives of business and industry, political representatives, environmental groups, and the general public. The NDEQ will post meeting announcements, meeting agendas, rule development information, meeting presentations, and draft proposals on their website. Meetings will be held June 27 and July 18 and 25, 2006. See http://www.deq.state.ne.us/AirDivis.nsf/Pages/Mercury

NEVADA

Air:

  • The State Environmental Commission proposes Regulation R139-06, Air Quality Reforms--New Source Review. This regulation would amend NAC 445B.001-.3497 to comply with decisions by the U.S. Court of Appeals for the D.C. Circuit to vacate certain revisions made to the federal new source review and prevention of significant deterioration rule in 2002. A public hearing will be held September 6, 2006. See http://www.sec.nv.gov/docs/public_notice_090606.pdf
  • The State Environmental Commission proposes Regulation R151-06, Air Pollution Control Permitting Provisions. The regulation proposes to amend several sections in the permitting provisions of NAC 445B. Most of the amendments are in response to U.S. EPA comments on the approvability of the agency's air pollution control permitting provisions into the applicable SIP. The amendments clarify and streamline the permitting regulations, add expiration dates for Class II and Class III construction permits, and make several technical corrections. They also update NAC 445B.221, which adopts federal rules by reference. A public hearing will be held September 6, 2006. See http://www.sec.nv.gov/docs/public_notice_090606.pdf
  • The State Environmental Commission proposes Regulation R154-06, Air Pollution Control Permitting Fees. This regulation proposes to amend the fee structure in NAC 445B.327 to make the revenue generated more commensurate with the expense of administering the Division of Environmental Protection's air quality control program. A public hearing will be held September 6, 2006. See http://www.sec.nv.gov/docs/public_notice_090606.pdf

Hazardous & Solid Wastes:

  • The State Environmental Commission proposes Regulation R179-05, Waste Landfill Cover Requirements: This regulation addresses "cover requirements" of compacted solid waste at certain landfills in Nevada. The regulation would amend NAC 444.688. The requested change will reverse an existing requirement that allows certain landfills in Nevada to operate for up to six days without applying cover soil to exposed waste. A public hearing will be held September 6, 2006. See http://www.sec.nv.gov/docs/public_notice_090606.pdf

Land Use:

  • The State Environmental Commission proposes Regulation R141-06, Spent Ore: This regulation amends NAC 445A by revising mine operator responsibility with respect to spent ore. The regulation also clarifies some acceptable methods to demonstrate stabilization of spent ore. The existing language in the regulation does not reflect the changes/advancements in the very technical field of spent ore stabilization that have occurred since the regulation was promulgated. The proposed changes are only designed to clarify operator responsibilities and stabilization methods/options for spent ore. A public hearing will be held September 6, 2006. See http://www.sec.nv.gov/docs/public_notice_090606.pdf
  • The State Environmental Commission proposes Regulation R138-06, Clarification of Certain Fee Categories for Mining Facility Permits. This regulation amends NAC 445A.232. The regulation provides clarification in the description for several fee categories of mining facility permits. A public hearing will be held September 6, 2006. See http://www.sec.nv.gov/docs/public_notice_090606.pdf

Water:

  • The State Environmental Commission proposed certain revisions to the water quality standards related to the aquatic life beneficial use for the inorganic chemicals contained in NAC 445A.144, Standards for Toxic Materials Applicable to Designated Waters. The water quality standards contained in NAC 445A.144 were last amended in 1995. The proposed revisions will update the aquatic life water quality standards only for the inorganic chemicals prescribed in the regulation. These proposed revisions are based on new or revised water quality criteria that have been recommended by U.S. EPA for the protection of aquatic life. No changes to the other water quality standards contained in NAC 445A.144 are proposed at this time. The inorganic chemicals standards for municipal and domestic supply, irrigation, and watering of livestock beneficial uses, and the organic chemicals standards, will be updated at a later date. A public hearing will be held September 6, 2006. See http://www.sec.nv.gov/docs/public_notice_090606.pdf
  • The State Environmental Commission proposes revisions to the Colorado River Salinity Standards. No changes to the salinity criteria are proposed; only administrative changes would be made to NAC 445A.143, 195, and 197. A public hearing will be held September 6, 2006. See http://www.sec.nv.gov/docs/public_notice_090606.pdf
  • The State Environmental Commission proposes to make adjustments and additions to the Class Waters regulations (NAC 445A.124 through 445A.127) and to reorganize the Water Quality Standards Tables (NAC 445A.124 through 127 and NAC 445A.146 through 225). Specifically, the revisions adjust class waters beneficial use terminology to match the beneficial uses listed in NAC 445A.122, remove redundant narrative standards cited in the class tables, and add Total Ammonia to all current class waters by referencing the tables in NAC 445.118. The revision also adds E. coli standards to all current class waters and revises references to natural conditions for Total Dissolved Solids in classes A, B and C, including Fecal Coliform in class C. A public hearing will be held September 6, 2006. See http://www.sec.nv.gov/docs/public_notice_090606.pdf

NEW JERSEY

Water:

  • The Department of Environmental Protection is proposing to amend the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, to categorize violations of the Flood Hazard Area Control Act and/or rules as either minor or non-minor for the purpose of providing grace periods in accordance with N.J.S.A. 12:1D-125 et seq., commonly known as the Grace Period Law. The Grace Period Law requires the establishment of procedures to ensure the consistent application of compliance periods for minor violations of certain environmental statutes. Proposed N.J.A.C. 5.5(a) through (d) provides for the process by which the minor or non-minor designation of a violation will be determined by the Department.  The Department proposes to amend N.J.A.C. 7:13-1.2 to include the definition of "grace period." The proposed amendment at N.J.A.C.7:13-5.4 provides that a violation of this section is not a minor violation for the purposes of a grace period.  Proposed N.J.A.C. 5.5(e) provides the procedure to be followed for minor violations eligible for a grace period.  Proposed N.J.A.C. 7:13-5.5(f) provides Table A, which lists the minor or non-minor designations of violations of the Flood Hazard Area Control Act and/or rules. A public hearing will be held July 7, 2006. Written comments are due August 18, 2006. See http://www.nj.gov/dep/rules/notices/061906a.htm

NORTH CAROLINA

Air:

  • The Environmental Management Commission intends to adopt 15A NCAC 02D .1006, and to amend 15A NCAC 02D .0524, .0605, .0927, .0932, .1111; 02Q .0306, .0503, .0508, and .0514. The rules are intended to prohibit knowingly submitting false information; to add details on monitoring, recordkeeping, and repair requirements; to reorganize rules and clarify leak repair requirements; to require vendors of automobile onboard diagnostic testing equipment to repair the equipment and accompanying software in a timely manner; to delegate the implementation of the new source performance standard and maximum achievable control technology standard for drycleaners to the Division of Waste Management; to require noticing for public comment draft permits with conditions exempting a source from the 20% opacity standard or conditions allowing a source to use an alternative monitoring procedure or methodology; to change the definition of "insignificant activities because of category" for heating units used solely for comfort heat; to change requirement of submitting a report of deviations from the next business day to submitting quarterly; and to clarify the administrative amendment process for the state-enforceable only part of a Title V permit. A public hearing will be held July 12, 2006. Written comments are due August 14, 2006. See http://www.ncoah.com/rules/register/Volume20Issue24.pdf (page 2161)

OHIO

Air:

  • The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC), adopted changes to OAC rule 3745-19-01: Definitions; OAC rule 3745-19-02: Relations to other prohibitions; OAC rule 3745-19-03: Open burning in restricted areas; OAC rule 3745-19-04: Open burning in unrestricted areas; and OAC rule 3745-19-05: Permission to individuals and notification to the Ohio EPA. The DAPC has also adopted the new rules OAC rule 3745-19-06: Open burning unilateral order; and OAC rule 3745-19-03: Appendix: Open burning of storm debris. The amended and new rules incorporate new language that resulted from questions and comments received over the past few years from DAPC staff and from parties directly affected by the regulations. These include some proposed minor amendments in the existing rules of this chapter for rule clarification, the incorporation of new purposes for open burning such as emergency burning, recreational campfires, and disposal of hazardous explosive materials, and one new rule, OAC rule 3745-19-06, Open burning unilateral order. The changes become effective July 7, 2006. See http://www.registerofohio.state.oh.us/jsps/PublicDisplayRules/processPublicDisplayRules.jsp?entered_rule_no=3745-19-01&doWhat=GETBYRULENUM

OKLAHOMA

Air:

  • The Department of Environmental Quality is proposing several amendments to Title 252, Chapter 100, of the Oklahoma Administrative Code, concerning air pollution control, to clarify definitions, including particulate matter and volatile organic compounds; to add a new definition for "regulated air pollutant" and "Gross particulate matter;" and to amend the terms "Actual emissions," "Allowable emissions," and "Regulated pollutant (for fee calculation)." The Department is also proposing to establish state emission standards and other enforceable requirements for existing Other Solid Waste Incinerators (OSWI). In addition to establishing emission standards for certain regulated pollutants, the proposed rule would establish requirements for OSWI operator training and qualifications, waste management plans, testing and monitoring of pollutants, and operating parameters. The Department is proposing a new Subchapter 44, Control of Mercury Emissions from Coal Fired Electric Steam Generating Units, and is proposing to incorporate by reference the federal Clean Air Mercury Rule (CAMR) issued in March 2005 with some variation of allocations and set-asides. The Department seeks public comments concerning the most appropriate method of allocating, distributing, and setting aside the mercury credits. The Department also proposes to amend the De Minimis Facilities List in Appendix H, the Insignificant Activities (Registration) List in Appendix I, and the Trivial Activities (de Minimis) List in Appendix J of OAC 252:100. Other revisions not listed here are also proposed. Written comments are due July 19, 2006. Public hearings will be held July 19 and August 22, 2006. See http://www.oar.state.ok.us/oar/codedoc02.nsf/frmMain?OpenFrameSet&Frame=Main&Src=_75tnm2shfcdnm8pb4dthj0chedppmcbq8dtmmak31ctijujrgcln50ob7ckj42tbkdt374obdcli00_

RHODE ISLAND

Hazardous & Solid Wastes:

  • The Department of Environmental Management and U.S. EPA held a public meeting to present the proposed cleanup plan for the West Kingston Town Dump/URI Disposal Area Superfund site in South Kingstown. The proposed cleanup plan addresses groundwater contamination in the vicinity of the landfill, specifically a groundwater plume of the chemicals Tetrachloroethene (PERC) and Trichloroethene (TCE) emanating from a former drum storage area, the source of the plume. The public meeting was held June 28, 2006. See http://www.dem.ri.gov/news/2006/pr/0622061.htm

SOUTH CAROLINA

Air:

  • The Department of Health and Environmental Control proposes to amend Regulation 61-86.1, Standards of Performance for Asbestos Projects, to provide adequate funding for the implementation and enforcement of the asbestos program. In 2005, the South Carolina asbestos statute was revised to allow the Department to establish fees sufficient to cover reasonable costs associated with the development, processing, and administration of the asbestos program. Regulation 61-86.1 will be revised to provide adequate funding for the asbestos program and will take into account current fees assessed by other southeastern states and historical costs of program operation. This proposed amendment will also update and clarify certain sections of the regulation to be consistent with the federal regulation where applicable, clarify certain sections of the regulation to improve compliance rates, and reorganize parts of the regulation to be more user friendly. Comments are due July 24, 2006. See http://www.scdhec.gov/administration/regs/docs/regupdate.doc#air

Hazardous & Solid Wastes:

  • The Department of Health and Environmental Control is proposing to amend Regulation 61-107, Solid Waste Management Regulations. The Department proposes to simultaneously repeal sections 61-107.11, Construction, Demolition, and Land-clearing Debris Landfills; 61-107.13, Municipal Solid Waste Incinerator Ash Landfills; 61-107.16, Industrial Solid Waste Landfills; and 61-107.258, Municipal Solid Waste Landfills, and to replace them with a new section that encompasses all solid waste landfills and structural fill activities to include a change to broaden disposal options. Written comments are due July 24, 2007. See http://www.scdhec.gov/administration/regs/docs/regupdate.doc#air

SOUTH DAKOTA

Air:

  • The Department of Environment and Natural Resources' Board of Minerals and Environment proposed to amend air pollution control program rules. The revisions will change how the prevention of significant deterioration permitting program is implemented and adopt the federal clean air mercury rule that caps and reduces mercury emissions from coal fired power plants. The general authority for these rules is SDCL 34A-1-6 and 34A-1-18. A public hearing will be held July 20, 2006. See http://legis.state.sd.us/rules/register/06262006.pdf

TEXAS

Water:

  • The Commission on Environmental Quality adopted a new chapter of Title 30 of the Texas Administrative Code, Chapter 222. This chapter will implement the requirements of the new chapter of the Texas Water Code, Chapter 32, that was created by H.B. 2651: Subsurface Area Drip Dispersal Systems. It will create a new permitting program to regulate all wastewater treatment facilities--domestic, commercial, and industrial--that use subsurface area drip dispersal systems to beneficially reuse their treated effluent. The rule was approved June 14, 2006, and becomes effective July 5, 2006. See http://www.tceq.state.tx.us/rules/adopt.html

UTAH

Land Use:

  • The Department of Natural Resources, Forestry, Fire, and State Lands proposes rule 652-123: Exemptions to Wildland Fire Suppression Fund. The purpose of the rule is to enact the provisions of S.B. 65 of the 2006 General Session, which changes the formula for calculating the county's payment into the fund. This rule also develops criteria and a process that a county can use to nominate and evaluate areas to be declared exempt from the calculations used in determining the county's payment into the fund. This rule also provides for reporting by the county, notification and validation and final determination procedures by the Division, and an appeal process for the county. Written comments are due August 20, 2006. See http://www.rules.utah.gov/publicat/bulletin/2006/20060615/28770.htm

VIRGINIA

Air:

Water:

  • The Department of Environmental Quality will hold a public meeting on the development of bacteria TMDLs for the James River and tributaries in Cumberland, Fluvanna, Goochland, Louisa, and Powhatan Counties. Meetings will be July 19 and 26, 2006. Comments are due August 18, 2006. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=7549
  • The Department of Environmental Quality has released a Draft 2006 Water Quality Assessment Integrated Report. The Report combines both the §305(b) Water Quality Assessment and the §303(d) Report on Impaired Waters. Public hearings will be held July 12, 13, 17, and 19, 2006. Comments are due August 11, 2006. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=7511

WASHINGTON

Hazardous & Solid Wastes:

  • The Department of Ecology has adopted Chapter 173-300 WAC - Certification of Operators of Solid Waste Incinerator and Landfill Facilities. The rule provides a process and criteria for certifying solid waste landfill and incinerator operators. The amendment specifically states that the Department may enter into agreements for those certifications to be carried out by other governmental or nongovernmental organizations under agreements or contracts with the Department. Certification activities could be carried out without the rule amendment; however, the language being added or changed will avoid potential confusion and uncertainty. The rule was adopted June 23, 2006, and becomes effective 31 days after filing. See http://www.ecy.wa.gov/laws-rules/activity/wac173300.html

Water:

  • The Department of Ecology proposes Chapter 173-201A WAC - Water Quality Standards For Surface Waters of the State of Washington. Portions of the surface water quality standards the Department adopted in 2003 were not approved by U.S. EPA. The purpose of this rule proposal is to correct those deficiencies noted by U.S. EPA in their formal disapproval on March 22, 2006. Public hearings will be held August 7, 8, 9, 14, and 15, 2006. Written comments are due September 5, 2006. See http://www.ecy.wa.gov/laws-rules/activity/wac173201a.html

WEST VIRGINIA

Hazardous & Solid Wastes:

Land Use:

Water:

WISCONSIN

Air:

  • The Department of Natural Resources will hold public hearings on revisions to chs. NR 406 and 410, Wis. Adm. Code, relating to construction permit waiver requests from air contaminant sources. Construction permit waivers would allow a facility to start on-site preparation, including, but not limited to, site clearing, grading, dredging, or landfilling prior to receiving a construction permit when necessary to avoid undue hardship. The department must act on the waiver request within 15 days of receipt of the request. There is a $300 non-refundable fee associated with filing a waiver request. Public hearings will be held August 7 and 8, 2006. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

Wildlife:

  • The Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2006 migratory game bird seasons and waterfowl hunting zones. The proposed rule establishes the season length and bag limits for the 2006 Wisconsin migratory game bird seasons. Public hearings will be held August 7, 8, 9, and 10, 2006. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

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

INTERNATIONAL

GERMANY SETS CONTROVERSIAL CARBON DIOXIDE (CO2) LIMITS:

Germany's recently submitted plan for cutting CO2 reductions omits from the carbon trading system new power plants built between 2008 and 2012. The plan will also only reduce Germany's emissions by 0.63% from 2005, while the European Commission recommended in January that the EU should aim for a 6% emissions reduction from the 2005-2007 trading period. The German government says the plan will promote much-needed growth in energy generation capacity and keep energy prices affordable for consumers. Critics accuse the government of yielding to lobbyists for the power industry. The Commission now has three months to approve or reject the plan. See http://www.euractiv.com/en/sustainability/germany-set-clash-eu-co2-pollution-quotas/article-156468

CANADA CONCERNED ABOUT U.S. AIR POLLUTION:

Canada and the United States need to coordinate to improve air quality, health, and climate change problems in the countries' shared air shed, according to Ontario Premier Dalton McGuinty at the 2006 Shared Air Summit. Approximately 50% of Ontario's air pollution travels from the United States. Speakers at the summit called for increased collaboration on shared air quality problems in the way that Canada and the United States collaborated to improve water quality in the Great Lakes. See http://www.fftimes.com/index.php/6/2006-06-27/25943

JAPAN SETS GOAL FOR ETHANOL USE IN CARS:

Japan is requiring all vehicles to run on a mix of ethanol and gasoline by 2030 in an effort to combat global warming and reduce costs of importing oil. The new policy requires cars to start running on 10% ethanol and 90% gasoline starting in 2010. Many automakers, however, are already producing cars that can run on blends containing up to 85% ethanol, and all cars produced by Toyota already meet the 10% standard. See http://www.enn.com/today.html?id=10769

Copyright© 2006, 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© 2006, 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
Carolyn Fischer, Books Editor
William J. Straub, Desktop Publisher
April King, Editorial Associate
Allison Watkins, Contributing Editor
Bonnie Vanzler, Publications Intern