Jump to Content

Weekly Update Volume 36, Issue 20

07/17/2006

LITIGATION

CWA, APA, EFFLUENT LIMITATIONS:

The D.C. Circuit denied a petition challenging a 2002 EPA rule that revised certain nationwide limitations on water pollutant discharges from sources in the cokemaking subcategory of the iron and steel industry. A petitioner challenged four effluent limitations that apply to the recovery of byproducts from cokemaking, arguing that the final limitations and standards were not a logical outgrowth of EPA's proposed rule, thereby violating its right to comment under the APA and the CWA. But the right to comment under the APA on a proposed rule does not extend to a right to comment upon each application of the agency's announced rulemaking procedures, even if different applications may have significant consequences for the regulated industry, where, as here, the agency gave adequate notice of the procedures it intended to use, the criteria by which it intended to select data, and the range of alternative sources of data it was considering. And the petitioner's claim that it was deprived of its comment rights under the CWA is contradicted by the fact that it extensively participated in every stage of the rulemaking. In addition, EPA's determinations were based on a reasonable and consistently explained methodology and supported by the record, and it reasonably determined that the limitations were achievable. American Coke & Coal Chemicals Institute v. Environmental Protection Agency, No. 03-1039, 36 ELR 20137 (D.C. Cir. July 11, 2006) (34 pp.).

OIL SPILL, "NAVIGABLE WATERS," JURISDICTION:

A district court held that the United States may not impose civil fines against a pipeline operator for an oil spill that impacted an intermittent stream several miles from the nearest navigable water. The court concluded that the United States lacked jurisdiction because the stream does not constitute a navigable water. In so holding, the court determined that the U.S. Supreme Court's decision in Rapanos v. United States, No. 04-1034, 36 ELR 20116 (U.S. June 19, 2006), failed to elaborate on the "significant nexus" test, thereby requiring it to rely on prior reasoning of the Fifth Circuit. Based on the Fifth Circuit's decision in In Re Needham, 354 F.3d 340, 34 ELR 20009 (5th Cir. 2003), the court held that absent actual evidence that the site of the farthest traverse of the spill is navigable-in-fact or adjacent to an open body of navigable water, a significant nexus is not present under the law of the circuit. Here, the intermittent stream into which the spill occurred is not a navigable-in-fact water; nor is the creek with which the stream joins. The United States, therefore, lacks jurisdiction. United States v. Chevron Pipe Line Co., No. 5:05-CV-293-C, 36 ELR 20131 (N.D. Tex. June 28, 2006) (Cummings, J.) (18 pp.).

CERCLA, EXTRATERRITORIALITY:

The Ninth Circuit upheld the denial of a motion to dismiss individuals' complaint seeking to enforce an EPA administrative order against a Canadian company concerning the cleanup of hazardous substances in a portion of the Upper Columbia River entirely within the United States. The company argued that this case presents an extraterritorial application of CERCLA. But because CERCLA liability is triggered by an actual or threatened release of hazardous substances, and because the release of hazardous substances at issue here took place within the United States, the suit involves a domestic application of CERCLA. The court also rejected the company's claim that it should not be held liable as an arranger because it disposed of the hazardous substances itself rather than through another entity. Pakootas v. Teck Cominco Metals, Ltd., No. 05-35153, 36 ELR 20130 (9th Cir. July 3, 2006) (28 pp.).

CERCLA, LIABILITY:

The Eight Circuit upheld a lower court's assignment and apportionment of liability for certain cleanup costs under CERCLA concerning the Vertac Chemical Plant site in Jacksonville, Arkansas. The lower court properly concluded that the site could not be separated into divisible geographic units for purposes of apportionment. In addition, the lower court's determination that one of the companies was liable as an arranger was not clearly erroneous. Last, the retroactive application of CERCLA to impose liability is not unconstitutional. United States v. Vertac Chemical Corp., Nos. 05-3147, -3153, 36 ELR 20135 (8th Cir. July 13, 2006) (25 pp.).

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT, CHINOOK SALMON:

The Ninth Circuit held that certain fishery management measures and regulations undertaken by the NMFS to protect chinook salmon in the Klamath Management Zone, an area off the coasts of California and Oregon, do not conflict with the Magnuson-Stevens Fishery Conservation and Management Act. In 1989, the NMFS issued a regulation setting forth a spawning escapement goal of at least 35,000 naturally spawning adults in any given year. Due to massive die-offs of salmon in 2002, 2004, and 2005, the NMFS established management measures that substantially limited commercial and, to a lesser extent, recreational fishing in the Klamath River. Naturally, these measures have imposed significant hardship on Pacific fishing communities. Although the lower court erred in concluding that fishermen associations' claims challenging the 1989 regulation were time-barred, their claims lack merit. Nothing in the Magnuson-Stevens Act prevents the NMFS from regarding naturally spawning Klamath chinook as a "stock" of salmon and from adopting protective measures in a fishery management plan to conserve this stock. Likewise, challenges to the 2005 measures were without merit. The management measures are consistent with the Magnuson-Stevens Act's national standards. The NMFS took into account the importance of fishery resources to fishing communities in establishing the measures, and the fact that the measures do not affirmatively promote safety does not mean that they do not promote safety to the extent practicable. Last, the NMFS properly relied on the "good cause" exception in deciding not to issue a regulatory flexibility analysis under the Regulatory Flexibility Act. Oregon Trollers Ass'n v. Gutierrez, No. 05-35970, 36 ELR 20133 (9th Cir. July 6, 2006) (36 pp.).

NEPA, NATIONAL FORESTS, LOGGING:

The Tenth Circuit partially reversed the dismissal of environmental groups' complaint challenging a Forest Service logging project in the Dixie National Forest. The Forest Service's EIS for the project took a hard look at the potential adverse environmental impacts of the project, but the agency failed to comply with the NFMA. Under the transition provision of the 2000 forest planning regulations, the Forest Service must consider the "best available science" when implementing site-specific projects within a forest plan, and the project at issue here is a site-specific implementation of the Dixie National Forest Plan. Because the agency failed to consider or even mention the project's compliance with the 2000 transition rule, the Forest Service's action was arbitrary and capricious. Ecology Center, Inc. v. United States Forest Service, No. 05-4101, 36 ELR 20128 (10th Cir. June 29, 2006) (26 pp.).

MIGRATORY BIRDS, HUNTING:

The Eighth Circuit rejected landowners' request for a declaratory judgment challenging the FWS' determination that their land could not legally be used for goose hunting. FWS regulations prohibit the taking of migratory birds by the aid of baiting or on or over any baited area. The landowners argued that their land was not baited because they used it to harvest corn. The FWS, however, reasonably interpreted the applicable regulations in concluding that the landowners' harvesting activities were not normal and constituted baiting. Falk v. United States, No. 05-2566, 36 ELR 20129 (8th Cir. July 5, 2006) (9 pp.).

MERCURY EMISSIONS, CLASS ACTION FAIRNESS ACT:

The Fifth Circuit denied a motion to remand to Louisiana state court individuals' class action against a company for the alleged seepage of mercury from one of its facilities. In addition to suing the company in state court, the class filed suit against the state environmental agency for failing to monitor, inspect, and warn citizens about dangerous emissions. The company, without the agency's knowledge, then removed the case to federal court. The class then moved to have the case remanded to state court. But under the Class Action Fairness Act, the class has the burden of showing that one of the Act's exceptions to federal jurisdiction applies. Here, the class failed to meet that burden. Although a state agency is a defendant, it is not the primary defendant. Nor does the "local controversy" exception apply because the agency cannot be considered a "citizen" of the state for diversity purposes. The lower court decision denying the motion to remand was therefore upheld. Frazier v. Pioneer Americas LLC, No. 06-30434, 36 ELR 20134 (5th Cir. July 6, 2006) (9 pp.).

FIFRA, PENALTIES:

The EPA Environmental Appeals Board (EAB) assessed a $16,500 penalty against a company that sold an unregistered and misbranded pesticide product to three different municipalities in violation of FIFRA. An administrative law judge only assessed a penalty of $1,800, but in so doing he declined to use the penalty policy and provided no meaningful explanation of how he arrived at that amount or why that amount was sufficient under the facts and circumstances of this case. And although the ALJ explained his reasons for departing from the penalty policy in sufficient detail, his rational was not convincing. The EAB, therefore, applied the penalty policy and determined that EPA's proposed penalty of $16,500 is proper based on the evidence and the facts and circumstances of the case. In re FRM Chem, Inc., FIFRA Appeal No. 05-01, 36 ELR 41301 (EPA EAB June 13, 2006) (32 pp.).

RCRA, PREHEARING EXCHANGE:

An EPA administrative law judge (ALJ) granted in part and denied in part motions to supplement prehearing exchanges in a case involving a hazardous waste facility's alleged RCRA violations. The facility sought to add an expert witness 15 days prior to the commencement of the hearing, and the ALJ granted the motion since EPA would not suffer any undue prejudice. Likewise, it granted EPA's motion to add certain exhibits filed 15 days prior to the hearing date. But the ALJ denied EPA's motion to provide certain other exhibits to the facility 14 days prior to the hearing. The ALJ believed that EPA could have submitted these documents in its original prehearing exchange instead of just a few days prior to the hearing. In re Zaclon, Inc., RCRA No. 05-2004-0019, 36 ELR 47875 (EPA ALJ June 2, 2006) (7 pp.).

NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA), ZONING:

New York's highest court upheld the dismissal of residents' state and local law claims challenging the rezoning of a large area of land for retail development. The rezoning did not require a three-fourths majority vote of the town board because the residents' protest petition that sought to require a supermajority vote was not signed, as local law requires, by the owners of 20% of the land within 100 feet of the land included in the rezoning area. And while the residents' claims under SEQRA were timely brought because the statute of limitations ran from the adoption of the rezoning, not from the earlier completion of the SEQRA process, the town complied with SEQRA. The town took a "hard look" at the traffic problems that could be anticipated from its proposed rezoning, and its explanations of its proposed courses of action were well within a rule of reason. Eadie v. Town Board of North Greenbush, No. 99, 36 ELR 20132 (N.Y. July 5, 2006) (14 pp.).

TIMBER OPERATIONS, ZONING:

The Supreme Court of California held that the California Timberland Productivity Act of 1982 (TPA) and general state forestry law do not preempt two county zoning ordinances relating to the permissible locations for timber operations. One ordinance restricted timber harvesting to specified zone districts within the county, and the other limits the parcels on which helicopter operations associated with such harvesting could occur. Lumber companies argued that the ordinances were preempted by state law. But local zoning ordinances, like the county's zone district ordinance, that speak to the location of timber operations but not to the manner in which they are carried out, are not expressly preempted by the TPA. Nor is the zoning ordinance impliedly preempted by general state forestry law. Similarly, the helicopter ordinance is not preempted because it is a locational zoning provision that regulates not how timber operations may be conducted, but rather where they may take place. The lower court's decision to the contrary, therefore, was reversed. Big Creek Lumber Co. v. County of Santa Cruz, No. S123659, 36 ELR 20127 (Cal. June 29, 2006) (48 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), MITIGATION:

A California appellate court reversed a lower court decision denying a petition challenging a community college district's approval of a large construction and remodeling project. The district prejudicially abused its discretion by certifying a final environmental impact report (EIR), adopting a statement of overriding considerations with CEQA findings, and approving a master plan without adopting feasible measures to mitigate certain adverse off-campus traffic impacts. In addition, the district's claim of economic infeasibility was not supported by substantial evidence. On remand, the lower court must vacate the EIR, statement of overriding considerations, and master plan, and must order the district to prepare, circulate, and consider a legally adequate EIR with regard to the off-campus traffic mitigation issues before taking further action. County of San Diego v. Grossmont-Cuyamaca Community College District, No. D046728, 36 ELR 20136 (Cal. App. 4th Dist. July 7, 2006) (31 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 amended NESHAPs for integrated iron and steel manufacturing facilities. 71 FR 39579 (7/13/06).
  • EPA promulgated standards of performance for new stationary combustion turbines that reflect changes in nitrogen oxides emission control technologies and turbine design. 71 FR 38481 (7/6/06).
  • EPA promulgated standards of performance for stationary compression ignition internal combustion engines based on the Agency's determination that the engines cause, or contribute significantly to, air pollution that may endanger public health or welfare. 71 FR 39153 (7/11/06).
  • EPA amended the final rule it promulgated on November 10, 2003, concerning NESHAPs for miscellaneous organic chemical manufacturing to address petitioners' issues and to correct inconsistencies that were discovered during the review process. 71 FR 40315 (7/14/06).
  • EPA proposed uses of methyl bromide that will qualify for the 2007 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from stocks for those uses in the year 2007. 71 FR 38325 (7/6/06).
  • EPA proposed to promulgate a federal implementation plan (FIP) containing emission limits and compliance determining methods for several sources located in Billings and Laurel, Montana; the intended effect of the FIP is to assure attainment of the sulfur dioxide (SO2) NAAQS in those locations. 71 FR 39259 (7/12/06).
  • SIP Approvals: Idaho (nonattainment and maintenance plan for particulate matter with a diameter of 10 microns or less (PM10)) 71 FR 39574 (7/13/06). Kentucky (PSD and new source review (NSR) revisions) 71 FR 38990 (7/11/06). Mississippi (PSD and NSR revisions) 71 FR 38773 (7/10/06). Missouri (construction permits rules) 71 FR 38997 (7/11/06). Nebraska (operating permits program revisions) 71 FR 38776 (7/10/06). New Jersey (carbon monoxide maintenance plan, conformity budgets, and emissions inventories) 71 FR 38770 (7/10/06). Pennsylvania (volatile organic compound (VOC) and nitrogen oxide (NOx) reasonably available control technology (RACT)) 71 FR 38995 (7/11/06); (VOC and NOx RACT determinations) 71 FR 38993 (7/11/06); (NOx RACT determination) 71 FR 39572 (7/13/06). Rhode Island (update to materials incorporated by reference) 71 FR 40014 (7/14/06). West Virginia (eight-hour ozone NAAQS) 71 FR 39001 (7/11/06); (NSR requirements) 71 FR 39570 (7/13/06); (NAAQS for PM10) 71 FR 40023 (7/14/06).
  • SIP Proposals: Arizona (PM10) 71 FR 39251 (7/12/06). Indiana (PSD and NSR construction permit programs) 71 FR 38824 (7/10/06). Nebraska (operating permits program revisions; see above for final rule) 71 FR 38831 (7/10/06). Pennsylvania (NOx emissions reductions) 71 FR 40048 (7/14/06). Virginia (SO2 emissions control consent agreement) 71 FR 39030 (7/11/06); (eight-hour ozone NAAQS) 71 FR 39618 (7/13/06).

HAZARDOUS & SOLID WASTE:

  • EPA granted final approval for Indiana to operate its UST program for petroleum and hazardous substances. 71 FR 39213 (7/12/06).
  • EPA reissued MERISOL USA, LLC, an exemption from the land disposal restrictions for two Class I hazardous waste injection wells in Houston, Texas. 71 FR 39113 (7/11/06).

MISCELLANEOUS:

  • EPA gave notice of temporary changes to the procedure for submitting comments and accessing dockets affected by the flooding of the EPA Docket Center in Washington, D.C. 71 FR 38147 (7/5/06).

PUBLIC LAND:

  • BLM amended its regulations concerning how it administers livestock grazing on public lands in Alaska. 71 FR 39401 (7/12/06).
  • The U.S. Forest Service announced the availability of proposed revisions to its national trail classification system and implementing directives. 71 FR 38021 (7/3/06).

TOXIC SUBSTANCES:

  • EPA proposed a significant new use rule for elemental mercury used in convenience light switches, anti-lock braking system switches, and active ride control system switches in certain motor vehicles. 71 FR 39035 (7/11/06).
  • EPA announced that on May 31, 2006, the TSCA Interagency Testing Committee transmitted its 58th report containing revisions to the TSCA §4(e) Priority Testing List. 71 FR 39187 (7/11/06).

WATER:

  • EPA announced that Maryland revised its approved Public Water System Supervision Program by adopting the Long Term 1 Enhanced Surface Water Treatment Rule to improve control of microbial pathogens in drinking water, including specifically the protozoan Cryptosporidium. 71 FR 39116 (7/11/06).

WILDLIFE:

  • FWS announced the availability of a draft economic analysis on the proposed designation of critical habitat for the Laguna Mountains skipper. 71 FR 38593 (7/7/06).
  • FWS announced the availability of a draft economic analysis of the proposed designation of critical habitat for the southern California distinct vertebrate population segment of the mountain yellow-legged frog. 71 FR 37881 (7/3/06).
  • NMFS closed the U.S. longline fishery for bigeye tuna in the inter-American tropical tuna commission convention area--located in the eastern tropical Pacific Ocean--for the remainder of the year due to the area reaching its 150-metric ton catch limit for 2006. 71 FR 38297 (7/6/06).
  • NMFS announced that the draft updated recovery plan for the fin whale is available for public review. 71 FR 38385 (7/6/06).
  • NMFS announces that the draft recovery plan for the sperm whale is available for public review. 71 FR 38385 (7/6/06).

DOJ NOTICES OF SETTLEMENTS:

  • United States v. Koch Petroleum Group, L.P., No. 00-CV-2756 (D. Minn. June 23, 2006). Settling CAA parties proposed an amendment to their April 25, 2001, consent decree that grants them additional time to conduct studies of various nitrogen oxide (NOx) reducing catalysts and to decide on the final NOx control scheme for the fluidized catalytic cracking unit at their Pine Bend, Minnesota, facility; establishes a process to address any leaks of process fluids into their noncontract, recirculating cooling tower systems; and exempts, with conditions, two of their heaters from the requirements for current or next generation ultra low-NOx burners. 71 FR 38422 (7/6/06).
  • In re EaglePicher Holdings, Inc., No. 05-12601 (Bankr. S.D. Ohio June 30, 2006). Settling CERCLA defendants that entered into four separate settlement agreements must create a custodial trust under each agreement: $1,150,000 in trust funding must be provided under the Illinois agreement; $7,191,000 must be provided under the Kansas agreement; $4,600,000 must be provided under the Michigan agreement; and $705,000 must be provided under the Oklahoma agreement. 71 FR 38660 (7/7/06).
  • United States v. Puerto Rico Aqueduct & Sewer Authority, No. 06-1624 (SEC) (D.P.R. June 22, 2006). A settling CWA defendant that violated its CWA permits, failed to operate and properly maintain its wastewater treatment plants, and discharged raw sewage from seven collection systems must pay a $1 million penalty; must undertake a supplemental environment project valued at $3 million; and must implement injunctive relief valued at approximately $1.7 billion, including 145 short-term, mid-term, and/or long-term capital improvement projects at its wastewater treatment plants over the next 15 years. 71 FR 38660 (7/7/06).
  • United States v. Diamond State Salvage Co., No. 05-76 (D. Del. June 29, 2006). A settling CERCLA defendant must sell the Diamond State Salvage Superfund site in Wilmington, Delaware, and pay the net proceeds to the United States in reimbursement of U.S. response costs incurred at the site, and must pursue insurance coverage for costs incurred by the United States at the site and pay the United States a percentage of any proceeds it receives. 71 FR 39363 (7/12/06).
  • United States v. Ekberg, No. 01 C 50457 (N.D. Ill. June 28, 2006). A settling CERCLA defendant must pay $1,231,125 in U.S. response costs incurred at Source Area 7 at the Southeast Rockford Groundwater Contamination Superfund site in Rockford, Illinois; must provide access to the property for the construction and implementation of the remedy; and must record an easement imposing land use and water use restrictions on the property. 71 FR 39363 (7/12/06).
  • United States v. Glidden Co., No. 06-C-0718 (E.D. Wis. June 26, 2006). Settling CERCLA defendants must collectively pay $612,000 in past U.S. response costs incurred at the Marina Cliffs/Northwestern Barrel Superfund site in South Milwaukee, Wisconsin, and in penalties for failing to comply with EPA orders related to the site. 71 FR 39364 (7/12/06).

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

THE CONGRESS

PUBLIC LAWS:

  • H.R. 889 (appropriations), which authorizes appropriations for the U.S. Coast Guard for fiscal year 2006 and makes technical corrections to various laws administered by the Coast Guard, was signed by President Bush on July 11, 2006. Pub. L. No. 109-241, 152 Cong. Rec. D762 (daily ed. July 12, 2006).

CHAMBER ACTION:

  • S. 1509 (Captive Primate Safety Act), which would amend the Lacey Act Amendments of 1981 to add non-human primates to the definition of prohibited wildlife species, was passed by the Senate. 152 Cong. Rec. S7357 (daily ed. July 11, 2006).
  • S. 2041 (Ed Fountain Park Expansion Act), which would provide for the conveyance of an FWS administrative site to the city of Las Vegas, Nevada, was passed by the Senate. 152 Cong. Rec. S7358 (daily ed. July 11, 2006).
  • S. 2430 (Great Lakes Fish and Wildlife Restoration Act), which would amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to provide for the implementation of FWS' recommendations contained in the Great Lakes Fishery Resources Restoration Study, was passed by the Senate after agreeing to a committee amendment in the nature of a substitute. 152 Cong. Rec. S7358 (daily ed. July 11, 2006).
  • S. Res. 301 (National Audubon Society), which would commemorate the 100th anniversary of the National Audubon Society, was passed by the Senate. 152 Cong. Rec. S7357 (daily ed. July 11, 2006).
  • H.R. 122 (Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project), which would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, was passed by the House. 152 Cong. Rec. H4920 (daily ed. July 10, 2006).
  • H.R. 2563 (water shortages), which would authorize the Secretary of the Interior to conduct feasibility studies to address certain water shortages within the Snake, Boise, and Payette River systems in Idaho, was passed by the House. 152 Cong. Rec. H4921 (daily ed. July 10, 2006).
  • H.R. 3462 (land conveyance), which would provide for the conveyance of BLM parcels known as the White Acre and Gambel Oak properties and related real property to Park City, Utah, was passed by the House. 152 Cong. Rec. H4923 (daily ed. July 10, 2006).
  • H.R. 3897 (Madera Water Supply and Groundwater Enhancement Project Act), which would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply and Groundwater Enhancement Project, was passed by the House. 152 Cong. Rec. H4922 (daily ed. July 10, 2006).
  • H.R. 4761 (Domestic Energy Production through Offshore Exploration and Equitable Treatment of State Holdings Act of 2006), which would provide for exploration, development, and production activities for mineral resources on the outer continental shelf, was passed by the House. 152 Cong. Rec. H4830, H4890 (daily ed. June 29, 2006).
  • H.R. 5061 (Paint Bank and Wytheville National Fish Hatcheries Conveyance Act), which would direct the Secretary of the Interior to convey Paint Bank National Fish Hatcheries and Wytheville National Fish Hatchery to the state of Virginia, was passed by the House. 152 Cong. Rec. H4924, H4931 (daily ed. July 10, 2006).
  • H.R. 5232 (Cherry Valley National Wildlife Refuge Study Act), which would direct the Secretary of the Interior to initiate and complete an evaluation of lands and waters located in Northeastern Pennsylvania for their potential acquisition and inclusion in a future Cherry Valley National Wildlife Refuge, was passed by the House. 152 Cong. Rec. H4925-26 (daily ed. July 10, 2006).
  • H.R. 5646 (energy efficiency), which would study and promote the use of energy efficient computer servers in the United States, was passed by the House. 152 Cong. Rec. H5094 (daily ed. July 12, 2006).

COMMITTEE ACTION:

  • S. 260 (fish and wildlife) was reported by the Committee on Resources. H. Rep. No. 109-562, 152 Cong. Rec. H5222 (daily ed. July 13, 2006). The bill would authorize the Secretary of the Interior to provide technical and financial assistance to private landowners to restore, enhance, and manage private land to improve fish and wildlife habitats through the Partners for Fish and Wildlife Program.
  • S. 1496 (migratory bird hunting) was reported by the Committee on Resources. H. Rep. No. 109-556, 152 Cong. Rec. H5222 (daily ed. July 13, 2006). The bill would direct the Secretary of the Interior to conduct a pilot program under which up to 15 states may issue electronic federal migratory bird hunting stamps.
  • S. 2735 (dam safety) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-276, 152 Cong. Rec. S7284 (daily ed. July 10, 2006). The bill would amend the National Dam Safety Program Act to reauthorize the national dam safety program.
  • S. 2832 (Appalachian Regional Development Act) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-279, 152 Cong. Rec. S7415 (daily ed. July 12, 2006). The bill would reauthorize and improve the program authorized by the Appalachian Regional Development Act of 1965.
  • H.R. 3085 (national trails system) was reported by the Committee on Resources. H. Rep. No. 109-549, 152 Cong. Rec. H4957 (daily ed. July 10, 2006). The bill would amend the National Trails System Act to update the feasibility and suitability study originally prepared for the Trail of Tears National Historic Trail and provide for the inclusion of new trail segments, land components, and campgrounds associated with the trail.
  • H.R. 4294 (national park system) was reported by the Committee on Resource. H. Rep. 109-558, 152 Cong. Rec. H5222 (daily ed. July 13, 2006). The bill would authorize the Secretary of the Interior to enter into cooperative agreements to protect natural resources of the National Park System (NPS) through collaborative efforts on land inside and outside the NPS.
  • H.R. 5094 (conservation) was reported by the Committee on Resources. H. Rep. No. 109-560, 152 Cong. Rec. H5222 (daily ed. July 13, 2006). The bill would require the conveyance of Mattamuskeet Lodge and surrounding property, including the Mattamuskeet National Wildlife Refuge headquarters, to the state of North Carolina to permit the state to use the property as a public facility dedicated to the conservation of the state's natural and cultural resources.
  • H.R. 5232 (national wildlife refuge) was reported by the Committee on Resources. H. Rep. No. 109-547, 152 Cong. Rec. H4957 (daily ed. July 10, 2006). The bill would direct the Secretary of the Interior to initiate and complete an evaluation of lands and waters located in Northeastern Pennsylvania for their potential acquisition and inclusion in a future Cherry Valley National Wildlife Refuge.
  • H.R. 5340 (environmental management) was reported by the Committee on Resources. H. Rep. No. 109-561, 152 Cong. Rec. H5222 (daily ed. July 13, 2006). The bill would promote DOI efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin.
  • H.R. 5450 (NOAA) was reported by the Committee on Science. H. Rep. No. 109-545 Pt. 1, 152 Cong. Rec. H4957 (daily ed. July 10, 2006). The bill would act as the organic act for the National Oceanic and Atmospheric Administration.

BILLS INTRODUCED:

  • S. 3630 (Vitter, R-La.) (CWA) would amend the CWA to reauthorize a program relating to the Lake Pontchartrain Basin. 152 Cong. Rec. S7284 (daily ed. July 10, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3631 (Obama, D-Ill.) (TSCA) would amend TSCA to phase out the use of mercury in the manufacture of chlorine and caustic soda. 152 Cong. Rec. S7331 (daily ed. July 11, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3632 (Hatch, R-Utah) (public land) would provide for the sale of approximately 25 acres of public land to the Turnabout Ranch, Escalante, Utah, at fair market value. 152 Cong. Rec. S7331 (daily ed. July 11, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3634 (Jeffords, I-Vt.) (Nuclear Waste Policy Act) would amend the Nuclear Waste Policy Act of 1982 to improve the material control and accounting and data management systems used by civilian nuclear power reactors to better account for spent nuclear fuel and reduce the risks associated with the handling of those materials. 152 Cong. Rec. S7331 (daily ed. July 11, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3636 (Bennett, R-Utah) (public land) would establish wilderness areas, promote conservation, improve public land, and provide for high quality economic development in Washington County, Utah. 152 Cong. Rec. S7331 (daily ed. July 11, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3638 (Feinstein, D-Cal.) (water) would encourage the Secretary of the Interior to participate in projects to plan, design, and construct water supply projects and to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to encourage the design, planning, and construction of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal in the state of California. 152 Cong. Rec. S7331 (daily ed. July 11, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3639 (Murkowski, R-Ark.) (reclamation and reuse) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to provide standards and procedures for the review of water reclamation and reuse projects. 152 Cong. Rec. S7415 (daily ed. July 12, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3646 (Feinstein, D-Cal.) (water) would authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration. 152 Cong. Rec. S7415 (daily ed. July 12, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3648 (Domenici, R-N.M.) (natural resources) would compromise and settle all claims in the case of Pueblo of Isleta v. United States, 7 Ind. Cl. Comm. 619 (1959), aff'd, 152 Ct. Cl. 866 (1959), cert. denied, 368 U.S. 822 (1961), to restore, improve, and develop the valuable on-reservation land and natural resources of the Pueblo. 152 Cong. Rec. S7415 (daily ed. July 12, 2006). The bill was referred to the Committee on Indian Affairs.
  • S. 3649 (Allen, R-Va.) (refineries) would expedite the consideration of permits for refineries. 152 Cong. Rec. S7415 (daily ed. July 12, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3654 (Jeffords, I-Vt.) (recycling) would amend the Internal Revenue Code to allow a credit against income tax, or, in the alternative, a special depreciation allowance, for reuse and recycling property and provide for tax-exempt financing of recycling equipment. 152 Cong. Rec. S7511 (daily ed. July 13, 2006). The bill was referred to the Committee on Finance.
  • H.R. 5723 (Chandler, D-Ky.) (national park system) would direct the Secretary of the Interior to study the suitability and feasibility of designating the site of Camp Nelson War Heritage Park in Jessamine County, Kentucky, as a unit of the National Park System. 152 Cong. Rec. H4915 (daily ed. June 29, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5724 (Costello, D-Ill.) (national heritage area) would establish the Land Between the Rivers National Heritage Area in the state of Illinois. 152 Cong. Rec. H4915 (daily ed. June 29, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5725 (Crenshaw, R-Fla.) (Florida National Forest Land Management Act) would amend the Florida National Forest Land Management Act of 2003 to authorize the conveyance of an additional tract of National Forest System land under that Act. 152 Cong. Rec. H4915 (daily ed. June 29, 2006). The bill was referred to the Committee on Agriculture.
  • H.R. 5727 (Degette, D-Colo.) (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. H4915 (daily ed. June 29, 2006). The bill was referred to the Committee on Agriculture.
  • H.R. 5729 (Degette, D-Colo.) (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, and for other purposes. 152 Cong. Rec. H4915 (daily ed. June 29, 2005). The bill was referred to the Committee on Agriculture and the Committee on Energy and Commerce.
  • H.R. 5732 (Hastings, R-Wash.) (fish stocking) would direct the Secretary of the Interior to continue stocking fish in certain lakes in the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. 152 Cong. Rec. H4915 (daily ed. June 29, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5734 (Kirk, R-Ill.) (CWA) would amend the CWA to establish a deadline for restricting sewage dumping into the Great Lakes and to fund programs and activities for improving wastewater discharges into the Great Lakes. 152 Cong. Rec. H4915 (daily ed. June 29, 2006). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5756 (Beauprez, R-Colo.) (fuel) would provide additional authority to the Secretary of Agriculture and the Secretary of the Interior to implement hazardous fuel reduction projects in the state of Colorado in response to dangerous fuel levels and insect infestations in forested federal land in Colorado, extend the maximum duration of stewardship contracts carried out in Colorado, and amend the Internal Revenue Code of 1986 to extend the credit for electricity produced from biomass. 152 Cong. Rec. H5046 (daily ed. July 11, 2006). The bill was referred to the Committee on Agriculture, and in addition to the Committees on Resources, and Ways and Means.
  • H.R. 5760 (Nunes, R-Cal.) (Giant Sequoia National Monument) would fulfill President Clinton's commitments made as part of the designation of the Giant Sequoia National Monument by presidential proclamation to provide a transition from the timber sale program in effect before the designation to the more restrictive management anticipated for the national monument and promote the Kings River Research Project in the Sierra National Forest. 152 Cong. Rec. H5046 (daily ed. July 11, 2006). The bill was referred to the Committee on Agriculture, and in addition to the Committee on Resources.
  • H.R. 5761 (Sanders, I-Vt.) (Nuclear Waste Policy Act) would amend the Nuclear Waste Policy Act of 1982 to improve the material control and accounting and data management systems used by civilian nuclear power reactors to better account for spent nuclear fuel and reduce the risks associated with the handling of those materials. 152 Cong. Rec. H5046 (daily ed. July 11, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5764 (Young, R-Alaska) (land conveyance) would provide for the conveyance of certain Forest Service land to the city of Coffman Cove, Alaska. 152 Cong. Rec. H5046 (daily ed. July 11, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5768 (Napolitano, D-Cal.) (water reclamation) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to provide standards and procedures for the review of water reclamation and reuse projects. 152 Cong. Rec. H5127 (daily ed. July 12, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5769 (Matheson, D-Utah) (wilderness) would establish wilderness areas, promote conservation, improve public land, and provide for high quality economic development in Washington County, Utah. 152 Cong. Rec. H5127 (daily ed. July 12, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5775 (Osborne, R-Neb.) (concentrated 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. H5128 (daily ed. July 12, 2006). The bill was referred to the Committee on Ways and Means.
  • H.R. 5778 (Rahall, D-W. Va.) (fuel) would provide further incentives for the commercialization of coal-to-liquid fuel activities. 152 Cong. Rec. H5128 (daily ed. July 12, 2006). The bill was referred to the Committees on Energy and Commerce, on Science, and on Ways and Means.
  • H.R. 5779 (Udall, D-Colo.) (tribal land leases) would establish the treatment of actual rental proceeds from leases of land acquired under an Act providing for loans to Indian tribes and tribal corporations. 152 Cong. Rec. H5128 (daily ed. July 12, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5781 (Young, R-Alaska) (utilities) would grant rights-of-way for electric transmission lines over certain native allotments in the state of Alaska. 152 Cong. Rec. H5128 (daily ed. July 12, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5782 (Young, R-Alaska) (pipeline transportation) would amend title 49, U.S. Code, 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. H5222 (daily ed. July 13, 2006). The bill was referred to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce.
  • H.R. 5785 (Shimkus, R-Ill.) (hazard alert) would establish a unified national hazard alert system. 152 Cong. Rec. H5222 (daily ed. July 13, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5786 (Calvert, R-Cal.) (water treatment) would authorize the Secretary, in cooperation with the city of San Juan Capistrano, California, to participate in the design, planning, and construction of an advanced water treatment plant facility and recycled water system. 152 Cong. Rec. H5222 (daily ed. July 13, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5794 (Jindal, R-La.) (flood insurance) would make property demolition and rebuilding activities eligible for assistance under the flood mitigation program under §1366 of the National Flood Insurance Act of 1968. 152 Cong. Rec. H5222 (daily ed. July 13, 2006). The bill was referred to the Committee on Financial Services.
  • H.R. 5799 (Miller, R-Fla.) (land) would provide for the Secretary of Agriculture to release the reversionary interest of the United States on certain land in the state of Florida if encroachments and trespassing have occurred on that land. 152 Cong. Rec. H5223 (daily ed. July 13, 2006). The bill was referred to the Committee on Agriculture.
  • H.R. 5802 (Pearce, R-N.M.) (national parks) would amend the National Park Service Concessions Management Improvement Act of 1998, to extend to additional small businesses the preferential right to renew a concessions contract entered into under such Act and facilitate the renewal of a commercial use authorization granted under such Act. 152 Cong. Rec. H5223 (daily ed. July 13, 2006). The bill was referred to the Committee on Resources.
  • H. Con. Res. 441 (Defazio, D-Or.) (whaling) would express the sense of Congress regarding the regrettable votes cast by certain Caribbean countries for a resumption of commercial whaling at the 58th annual International Whaling Commission meeting in St. Kitts in June 2006. 152 Cong. Rec. H4916 (daily ed. June 29, 2006). The concurrent resolution was referred to the Committee on International Relations and the Committee on Ways and Means.

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

IN THE STATES

Note: The entries below cover state developments since the last issue of Update. The entries are arranged by state, and within each section, entries are further subdivided by subject matter area. For a cumulative listing of materials reported in 2006, visit our list of Cumulative State Developments Arranged by State, or our list of Cumulative State Developments Arranged by Subject Matter. For state material reported prior to 2006, visit the ELR Archives.

The states below have updates this week:

Alaska Connecticut Kentucky Montana Utah Arizona Florida Louisiana New Jersey Virginia Arkansas Georgia Maine New York West Virginia California Iowa Maryland Texas  

ALASKA

Land Use:

ARIZONA

Air:

  • The Arizona Department of Environmental Quality is in the process of proposing rules (18 A.A.C. 2, Art. 7 and Art. 9) establishing standards of performance for the control of mercury emissions from new and existing stationary coal-fired electric utility steam generating units, as defined in CAA §111, that are at least as stringent as the federal rule, at 40 C.F.R. 60, Subparts Da and HHH. See http://www.azdeq.gov/function/laws/draft.html#mercury

ARKANSAS

Hazardous Waste:

CALIFORNIA

Air:

Toxic Substances:

  • The Department of Toxic Substances Control has scheduled a public meeting to discuss a proposed plan to prevent the buildup and accumulation of methane and hydrogen sulfide gases in and under buildings at the Central Los Angeles Learning Center #1 Site. The public meeting will be held on July 13, 2006. The public comment period is June 30, 2006, to August 15, 2006. See http://www.dtsc.ca.gov/Schools/Projects/upload/Ambassador_FS_dRAP.pdf
  • The Department of Toxic Substances Control is announcing a public comment period, July 3, 2006, through August 7, 2006, on a proposal to clean up contaminated soil at Site 42, Solid Waste Management Unit 57, and contaminated sediments at Site 44/45 at the Naval Weapons Station in Seal Beach, California. See http://www.dtsc.ca.gov/OMF/Projects/upload/SealBeachNWS_PN_NegDec.pdf

Water:

  • The Division of Water Quality, State Water Resources Control Board, will hold a public meeting to gain input on the scope and content of the environmental information that should be included in the draft environmental document that will be prepared for the proposed Statewide Policy for Once-through Cooling (CWA §316(b) Regulations). The meeting will be held July 31, 2006. Comments are due August 15, 2006. See http://www.waterboards.ca.gov/npdes/docs/cwa316b/pn_316breg.pdf
  • The Division of Water Quality, State Water Resources Control Board, will hold stakeholder meetings to discuss a staff proposal for Model Ocean Discharge Monitoring amendments to the California Ocean Plan. The State Water Board, in the California Ocean Plan Triennial Review and Workplan 2005-08 (Resolution 2005-0080), directed staff to consider proposed amendments to Appendix III, Standard Monitoring and Reporting Requirements. Staff is considering amendments that will address both permitted non-stormwater (e.g., municipal and industrial wastewater) and stormwater point sources, as well as agricultural nonpoint sources. The scheduled meetings are a follow-up to the Model Ocean Discharge Monitoring Meeting held on February 7, 2006, and will be held August 1, 8, and 15, 2006. Comments are due August 15, 2006. See http://www.waterboards.ca.gov/plnspols/docs/oplans/stakeholder_aug2006/pn_stakeholder.pdf
  • The Division of Water Quality, State Water Resources Control Board, will hold public meetings to seek input on the scope and content of the environmental information that should be included in the draft mitigated negative declaration that will be prepared for the proposed ASBS Special Protections to address stormwater and nonpoint source discharges. Comments are due August 15, 2006. See http://www.waterboards.ca.gov/plnspols/docs/asbs/scoping/pn081506scoping.pdf
  • The State Water Resources Control Board will be conducting public workshops to receive comment on how it should proceed with the findings of the Stormwater Panel of Experts that was convened to consider whether it is technically feasible to establish numeric effluent limitations, or some other objective criteria, for inclusion in stormwater permits; how such limitations or criteria would be established; and what information and data would be required. The purpose of these workshops is to solicit comment from the public on how the Board can use these findings to improve the NPDES Stormwater program. The workshops will be conducted July 21 and 28, 2006. Comments are due July 28, 2006. See http://www.waterboards.ca.gov/stormwtr/docs/swpanel/panel_pn072806.pdf

CONNECTICUT

Water:

  • The Commissioner of Environmental Protection will hold a public hearing as part of a rulemaking proceeding to repeal outdated and to adopt new state regulations concerning the assessment of administrative civil penalties. The new state regulations would establish standards and procedures for assessing administrative civil penalties for violations of certain environmental requirements. These regulations apply to violations of environmental requirements pertaining to tidal wetlands, structures, dredging or fill, inland water resources, dam safety, stream channel encroachments, water diversions, and pesticide management. The hearing will be held August 24, 2006. Comments are due August 29, 2006. See http://dep.state.ct.us/enf/PublicNoticeProposedAdminCivilPenaltyRegs.pdf

FLORIDA

Water:

General:

  • The Department of Environmental Protection will hold two rule development workshops to discuss the potential for the creation of a new rule, Chapter 62-16, F.A.C., related to implementation of the Florida Renewable Energy Technologies and Energy Efficiency Act, §§377.801 – 377.806, F.S. The proposed rule is to provide for application requirements, provide for ranking of applications, and administer the awarding of grants under the Renewable Energy Technologies Grants Program; and to develop rebate applications and administer the issuance of rebates for the Solar Energy Systems Incentives Program. The proposed rule chapter is also to implement the provisions of the corporate tax incentives provided for renewable energy technologies. The workshops will be held July 19 and 21, 2006. See http://tlhora6.dep.state.fl.us/onw/publications/6-NRD6216-6-30-06-INT.pdf

GEORGIA

Land Use:

  • The Board of Natural Resources will hold a meeting to consider a proposal by the Department of Natural Resource for rules for the Georgia Conservation Tax Credit Program, 391-1-6-.01 through 391-1-6-.05. The purpose of the proposed regulations is to guide the determination of whether or not a donated property is suitable for conservation purposes. The meeting will be held on August 23, 2006. Comments are due August 1, 2006. See http://www.gadnr.org/pdf/Notice_of_Public_Hearing.pdf

IOWA

Hazardous & Solid Waste:

  • The Department of Natural Resources gives public notice of the completion and publication of a regulatory analysis, and of a public hearing concerning rules proposed in a Notice of Intended Action published in the Iowa Administrative Bulletin on April 12, 2006, as ARC 5042B. ARC 5042B contained proposed administrative rules that would modify the licensing of septic tank pumpers, requiring higher fees and the inspection of vehicles and land application sites. Comments are due July 27, 2006. A public hearing will be held on July 26, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060705.pdf

KENTUCKY

Water:

  • The Division of Water, Department for Environmental Protection, will hold a public hearing for the purpose of soliciting input and comments from concerned individuals on a draft permit for the Clintwood Elkhorn Mining Company. The permit action involves a new source discharge of process wastewater and stormwater runoff from a coal preparation plant and associated areas that enters Island Creek and Levisa Fork in Pike County. The public hearing will be held on July 20, 2006. Comments are due July 20, 2006. See http://www.water.ky.gov/publicassistance/hearings/default.htm

LOUISIANA

Air:

  • The Department of Environmental Quality gives notice that it is seeking to incorporate substantive changes to the proposed amendments to the Air regulations, LAC 33:III.3003, in the Louisiana Environmental Quality Act. These amendments correct portions of the promulgated Clean Air Mercury Rule. The amendments include a change in the definition of coal to exclude petroleum coke. A public hearing will be held on August 24, 2006. Comments are due August 24, 2006. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/0607Pot1_AQ257ftS.pdf
  • The Department of Environmental Quality gives notice that it is seeking to incorporate substantive changes to the proposed amendments, Rule AQ240, to the Environmental Quality regulations, LAC 33:III.501, in the Louisiana Environmental Quality Act. The intent of this rule is to permit the department to determine the actual basis of apparent changes in emissions when there is an emission limit discrepancy between a facility’s permitted limit and the emission estimate reported in the facility’s emission inventory statement. A public hearing will be held on August 24, 2006. Comments are due August 24, 2006. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/0607Pot5_AQ240S.pdf.

Water:

  • The Department of Environmental Quality gives notice that rulemaking procedures have been initiated to amend the Water Quality regulations, LAC 33:IX.2511. This rule implements the June 12, 2006, revision to 40 C.F.R. pt. 122 (71 Fed. Reg. 33628), which modifies the NPDES regulations to provide that certain stormwater discharges from field activities or operations, including construction, associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities are exempt from NPDES permit requirements. A public hearing will be held August 24, 2006. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/WQ069ftpro.pdf

MAINE

Water:

  • The Department of Environmental Protection proposes Chapter 587, Rule No. 2006-P174, which establishes instream flow standards for rivers and streams and water level standards for lakes to protect natural aquatic life and other designated uses in Maine's waters. There will be a public hearing on August 3, 2006. Comments are due August 18, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/071206.htm

Wildlife:

  • The Department of Marine Resources has adopted regulations in Chapter 25.96. These regulations establish two new requirements in Zone F. Apprentices who wish to enter Zone F must complete their apprenticeship in that zone, and sponsors of Zone F apprentices must have held a Class I, II, or III lobster and crab fishing license for at least five years in accordance with 12 MRSA §6447(5-C). These regulations are effective July 5, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/071206.htm

MARYLAND

Hazardous & Solid Waste:

  • The Department of the Environment will hold a public hearing to receive testimony on Controlled Hazardous Substance Manifest COMAR amendments and COMAR amendments concerning the disposal of fluorescent lamps, the prohibition of the sale of fever thermometers containing mercury, and new labeling standards for products containing mercury. The public hearing will be held July 27, 2006. See http://www.mde.state.md.us/calendar/event.asp?id=949&cid=20&rframe=0

MONTANA

Air:

  • The Department of Environmental Quality has amended ARM 17.74.343, adopted New Rules IV (17.74.353), V (17.74.354), VI (17.74.355), VII (17.74.356), VIII (17.74.357), IX (17.74.358), X (17.74.359), XI (17.74.360), XII (17.74.361), XIII (17.74.362), XVI (17.74.365), XVII (17.74.366), XVIII (17.74.367), and XIX (17.74.368), and repealed ARM 17.74.302, 17.74.307 through 17.74.310, 17.74.314 through 17.74.319, 17.74.325 through 17.74.331, 17.74.335 through 17.74.338, 17.74.341, and 17.74.342 exactly as proposed. The Department is not repealing ARM 17.74.303 as proposed. The Department has adopted New Rules I (17.74.350), II (17.74.351), III (17.74.352), XIV (17.74.363), and XV (17.74.364) as proposed. These all relate to asbestos control and are effective June 26, 2006. See http://www.deq.state.mt.us/dir/legal/Notices/17-242adp.pdf

NEW JERSEY

General:

  • The Department of Environmental Protection is proposing to amend and add a new rule to the noise control rules at N.J.A.C. 7:29. The new rule will incorporate by reference the federal sound level standards for idling train locomotives as well as for rail car coupling.  There will be a public hearing on July 18, 2006. Comments are due September 1, 2006. See http://www.nj.gov/dep/rules/notices/070306a.htm

NEW YORK

Hazardous & Solid Waste:

  • The Department of Environmental Conservation proposes to revise 6 NYCRR Part 375 to meet the requirements of the 2003 and 2004 Superfund/Brownfield laws. In Chapter 1 of the Laws of 2003, the legislature added a new Title 14 (the Brownfield Cleanup Program) to Article 27 of the Environmental Conservation Law (ECL) and made extensive amendments to existing ECL Article 27, Title 13 (the State Superfund Program), and to ECL Article 56, Title 5 (the 1996 Clean Water/Clean Air Bond Act Environmental Restoration Program). The proposed revisions to Part 375 are designed to incorporate recent statutory changes, clarify and streamline the current regulations, and address issues raised by state and local agencies, the public, and project sponsors since the last regulatory update of Part 375 in 1996. Public information meetings will be held July 18 and 19, 2006, and August 15, 2006. Comments are due August 25, 2006. See http://www.dec.state.ny.us/website/enb2006/20060712/not0.html

Water:

  • The Department of Environmental Conservation has tentatively determined to renew and modify the existing State Pollutant Discharge Elimination System General Permit 98-03 for Stormwater Discharges Associated with Industrial Activity. The revised permit has been renumbered as General Permit 06-01 and has been retitled as the General Permit for Multi-Sector Stormwater Discharges Associated with Industrial Activity. Revisions were undertaken for the purposes of making the permit more closely reflect U.S. EPA's Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity and to renew the permit for an additional five-year term. Informational meeting will be on August 21, 22,and 23, 2006. See http://www.dec.state.ny.us/website/enb2006/20060712/not0.html

Wildlife:

TEXAS

Air:

  • The Commission on Environmental Quality will conduct public hearings to receive testimony concerning revisions to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, under Texas Health and Safety Code §382.017 and Texas Government Code, Chapter 2001, Subchapter B; and under EPA's SIP regulations at 40 C.F.R. §51.102. The proposed amendments to §§115.10, 115.119, 115.129, 115.139, 115.149, 115.219, 115.239, 115.319, 115.359, 115.419, 115.439, 115.449, 115.519, and 115.539 would subject certain volatile organic compound-emitting facilities located in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties to the same control, monitoring, testing, recordkeeping, and recording requirements to which facilities in the other four counties in the Dallas-Fort Worth nonattainment area are subject. There will be two public hearings on August 8, 2006. See http://www.tceq.state.tx.us/assets/public/legal/rules/hearings/06011115_phn.pdf
  • The Commission on Environmental Quality has adopted amendments to §111.203 and §111.209. The adopted rules will prohibit the burning of household refuse in the area delineated by Local Government Code §352.082. These amendments will become effective July 17, 2006. See http://www.tceq.state.tx.us/assets/public/legal/rules/rule_lib/adoptions/05041111_ado_clean.pdf

UTAH

Toxic Substances:

  • The Department of Environmental Quality, Radiation Control proposes an amendment to rule R313-19-34, Terms and Conditions of Licenses. The reason for this change is to enhance the physical security for portable devices with radioactive materials. The change will also keep Utah's Radiation Control Rules compatible with federal requirements found in 10 C.F.R. 30. The rule may become effective on August 11, 2006. See http://www.rules.utah.gov/publicat/bull_pdf/2006/b20060701.pdf

Wildlife:

  • The Department of Natural Resources, Forestry, Fire, and State Lands proposes an amendment to rule R657-48, Implementation of the Wildlife Species of Concern and Habitat Designation Advisory Committee. This rule is being amended to address the creation of the Utah Public Lands Policy Coordination Office and clarify the process by which wildlife species of concern are handled. The rule may become effective on August 7, 2006. See http://www.rules.utah.gov/publicat/bull_pdf/2006/b20060701.pdf.

VIRGINIA

Hazardous & Solid Waste:

  • The Department of Environmental Quality will hold a public meeting of the advisory committee assisting the Department in the development of proposed amendments (Amendment No. 5) to the Solid Waste Management Regulations (9 VAC 20-80) that would alter numerous requirements concerning exemptions and exclusions, open burning, waste intake rates, bird hazards, and the like. The meeting will be held August 22, 2006. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=7633

Water:

WEST VIRGINIA

Air:

  • The Department of Environmental Protection (DEP) and the Department of Health and Human Resources will conduct a meeting and hearing to provide information on the status of DEP's Mercury Study. The study will evaluate the effects of mercury emissions from coal-fired electric steam generating units and other industrial activities. The hearing will be held on July 20, 2006. See http://www.wvdep.org/webapp/_dep/search/pio/pubinfocalendar.cfm

Water:

  • The Department of Environmental Protection will hold a public hearing on Rule 47CSR2 - Requirements Governing Water Quality Standards. The hearing will be held on July 17, 2006. See http://www.wvdep.org/webapp/_dep/search/pio/pubinfocalendar.cfm
  • The Department of Environmental Protection will hold a public hearing on July 27, 2006, to take additional comments on the application for registration under the Construction Stormwater West Virginia NPDES General Permit for the Ned/Power Mount Storm Wind Energy Project. The discharge of stormwater associated with construction has been modified to increase disturbance from 83 acres to 282 acres. See http://www.wvdep.org/webapp/_dep/search/pio/pubinfocalendar.cfm

Hazardous & Solid Waste:

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

INTERNATIONAL

CHINA , INDIA, AND NEPAL COLLABORATE TO COMBAT ILLEGAL TRANSBOUNDARY WILDLIFE TRADE:

TRAFFIC, WWF-UK, and the UK Foreign & Commonwealth Office assembled key government delegates from China, India, and Nepal to address growing concerns of illegal transboundary wildlife trade in Asia. Their mission is to develop collaborative methods to combat the illegal trade occurring in the key wildlife trade hotspot of China borders. Though the countries all have legal and institutional instruments in place to address wildlife trade issues, illegal wildlife trade has become more organized and sophisticated. Thus, the three countries seek to increase efforts such as enforcement at cross-national borders, regional level advocacy, policy analysis, and collaboration with non-conventional stakeholders such as transport companies. See http://www.traffic.org/news/China.html

SOUTH KOREA INTRODUCES FIRST CARBON DIOXIDE (CO2) REDUCING INITIATIVE:

South Korea, the world’s 11th largest economy and 10th biggest producer of CO2 in 2003, has approved CO2 reducing projects at six local firms, a move that represents the first initiative under the country’s own system for promoting the reduction of greenhouse gas emissions. Though South Korea is a signatory to the United Nation’s Kyoto Protocol, the country is still classified as a developing country and is not required to reduce CO2 emissions between 2008 and 2012, as are developed economies. The participating South Korean firms strive to reduce a combined 0.03% of South Korea’s total emissions of the gas. See http://www.ieta.org/ieta/www/pages/index.php?IdSitePage=1131

EU PARLIAMENT AUTHORIZES BATTERY RECYCLING DIRECTIVE:

The EU Parliament approved a directive aiming to reduce pollution from refuse batteries. The new directive specifies minimum standards for the collection, treatment, and recycling of spent batteries and accumulators. The central goal is for 25% of batteries to be collected and recycled by 2012 and 45% by 2016. The recycling targets are 65% by average weight for lead-acid batteries, 75% for nickel-cadmium, and 50% for others. Batteries containing more than 0.0005% of mercury and 0.002% of cadmium will be prohibited. Only six countries in the European Union currently have a national collection and recycling program in place, and nearly half of all portable batteries sold in the EU-15 member states in 2002 were incinerated or disposed of in landfills. See http://www.euractiv.com/en/environment/eu-parliament-approves-batteries-recycling-scheme/article-156615

 

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
Rebecca Gruby, Contributing Editor
Bonnie Vanzler, Publications Intern