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Weekly Update Volume 36, Issue 21

07/31/2006

LITIGATION

ESA, CONSULTATION REQUIREMENTS:

The Ninth Circuit held that an agency’s duty to consult under ESA §7 arises only for affirmative actions. The phrase “failure to act” is absent from ESA §7(a)(2), which refers to “agency action” as “any action authorized, funded, or carried out by such agency.” This stands in marked contrast to other sections of the ESA, which explicitly refer to an agency’s failure to act. Moreover, this position is consistent with prior cases of the circuit. Consequently, BLM’s failure to regulate certain vested rights-of-way held by private landowners in central Idaho to divert water for irrigation uses did not constitute “action authorized, funded, or carried out” by BLM so as to require consultation under the ESA. Western Watersheds Project v. Matejko, Nos. 05-35178, -35208, 36 ELR 20144 (9th Cir. July 24, 2006) (21 pp.).

CERCLA, STATUTE OF LIMITATIONS:

The Second Circuit dismissed a PRP’s action for remedial costs under CERCLA §107(a) as untimely. Although the PRP could not seek contribution under §113(f)(1), he could bring a cost recovery action under §107(a). In so doing, however, he still had to comply with the six-year statute of limitations for remedial actions under CERCLA §113(g)(2)(B). And as the plain language of CERCLA instructs, the limitations period begins from the “initiation of physical on-site construction of the remedial action.” Because the PRP initiated physical on-site construction of a remedial action more than six years before the filing of this suit, his claim was untimely. In so holding, the court refused to adopt a “bright-line” rule based either on the ultimate approval of a remedial action plan or on the permanent closure of a landfill. Schaefer v. Town of Victor, 05-1949-cv, 36 ELR 20139 (2d Cir. July 13, 2006) (37 pp.).

APA, 1872 MINING LAW, JUDICIAL REVIEW:

The Tenth Circuit held that the APA does not waive sovereign immunity for individuals who claim no adverse interest in the land at issue to challenge BLM’s issuance of a mining patent to a company under the 1872 Mining Law. Despite the presumption of reviewability under the APA, it is fairly discernable that Congress, when it enacted the 1872 Mining Law, intended to preclude judicial review to third parties claiming no property interest in the patented land. To date, Congress has not chosen to change this approach. As such, the landowners have no federal right of action against the BLM. High Country Citizens Alliance v. Clarke, No. 05-1085, 36 ELR 20143 (10th Cir. July 21, 2006) (48 pp.).

NEPA, ESA, DRILLING:

The Ninth Circuit held that the final EIS BLM prepared in connection with its plan to offer long-term oil and gas leases in a portion of Alaska complies with NEPA and the ESA. Environmentalists argued that the EIS lacked site-specific analysis for particular locations where drilling might occur. Yet no such drilling site analysis is possible until it is known where the drilling is likely to take place, and that can be known only after leasing and exploration. Moreover, BLM pointed out that the environmental consequences at specific sites can be assessed in connection with later applications for permits for drilling at those sites, and that no permits should issue without extensive site specific analysis of adverse environmental effects and of the mitigation measures appropriate to minimize them. The court, therefore, upheld a lower court’s grant of summary judgment in favor of the government. Northern Alaska Environmental Center v. Kempthorne, No. 05-35085, 36 ELR 20141 (9th Cir. July 26, 2006) (19 pp.).

NEPA, STANDING, RADIOACTIVE MATERIAL:

The Ninth Circuit held that petitioners lacked standing to challenge an NRC rule that revised regulations governing the exemption standards for the transportation of radioactive material. The petitioners argued that the NRC violated NEPA in preparing a FONSI rather than an EIS. The petitioners, however, failed to demonstrate a concrete and particularized injury. They argued that the regulation may expose members of the public to excessive radiation, but none of the submitted declarations explain how petitioners’ health may be affected by the regulation. They failed to allege with any specificity what geographic areas are most likely to be affected, that they will be exposed to increases in radiation, or that they will curtail their use of public highways as a result of the regulation. And even if the court remanded the rule to the NRC, the DOT would be under no obligation to reconsider its own, identical rule. The petitioners, therefore, also failed to establish redressability. Nuclear Information & Resource Service v. Nuclear Regulatory Commission, No. 04-71432, 36 ELR 20145 (9th Cir. July 24, 2006) (22 pp.).

PUBLIC LANDS, STANDING:

The Tenth Circuit held that a nonprofit organization lacks standing to challenge the legality of the creation of the Grand Staircase-Escalante National Monument in southern Utah. None of the organization’s members, at the time it filed its complaint, had suffered a redressible injury due to the establishment of the monument. Although one member was unable to refile its mining claims as a result of the monument’s creation, his claims were not voided until after the organization filed the instant action. Utah Ass’n of Counties v. Bush, No. 04-4132, 36 ELR 20146 (10th Cir. July 25, 2006) (15 pp.).

FEDERAL HAZARDOUS SUBSTANCES ACT (FHSA), LABELING, PREEMPTION:

The Second Circuit vacated and remanded the dismissal of an individual’s state law claims against a retail store for selling her a wood-finishing product that emitted harmful fumes. The lower court concluded that because the product was properly labeled under the FHSA and its enabling regulations, her claims were preempted by federal law. But the court misconstrued the FHSA’s labeling requirements in reaching this conclusion. Contrary to what is required by federal law, the label on the front of the product did not warn against the inhalation of hazardous vapors. The product, therefore, was misbranded, and the lower court erroneously dismissed the individual’s claims as preempted. Richards v. Home Depot, Inc., No. 05-5205-cv, 36 ELR 20140 (2d Cir. July 14, 2006) (14 pp.).

INSURANCE, DEFENSE COSTS, CONTRIBUTION:

A California appellate court upheld a declaratory judgment requiring the defendant insurance company to contribute to a second insurance company’s cost of defending a manufacturing plant that both companies insured. The defendant previously entered into a settlement agreement with the plant that released it from any obligation to defend or indemnify the plant against past, present, and future environmental actions. Based on that agreement, the defendant argued that it had no duty to contribute to the second insurer’s defense costs. But California case law provides that where, as here, two or more insurers’ policies potentially cover an insured’s liability and one of them bears the defense burden alone, the insurer bearing that burden is entitled to equitable contribution from the non-defending carriers. This obligation to contribute to another insurer’s defense or indemnification of a common insured arises independently and is separate from any contractual obligation owed to their insured. Consequently, the trial court correctly required the defendant insurance company to contribute to the second insurance company’s defense costs. Similarly, the defense costs were correctly apportioned. Employers Insurance Co. of Wausau v. Travelers Indemnity Co., No. A110973, 36 ELR 20138 (Cal. App. 1st Dist. July 14, 2006) (15 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), WATER LAW:

A California appellate court ordered a city and a water district to reverse their approval of a water credit transfer. The water credit transfer in this case was a “project” within the meaning of CEQA. The city and district therefore argued that it was exempt from CEQA under the categorical exemption contained in §15302 of the CEQA Guidelines. But §15302 does not apply to the water transfer at issue here. The exemption concerns the “replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.” Subdivision (b) of this guideline provides that it applies specifically to the “[r]eplacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity.” On its face, this exemption does not apply to a water credit transfer, which is neither a structure nor a facility and, therefore, does not fit the elements of this exemption. And even if the exemption did apply, the approval is not supported by substantial evidence in the record. Save Our Carmel River v. Monterey Peninsula Water Management District, No H029242, 36 ELR 20142 (Cal. 6th App. Dist. July 24, 2006) (33 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 the NESHAPs for organic liquids distribution (non-gasoline) by adding additional vapor balancing options and making technical corrections to the final rule it promulgated on February 3, 2004 (69 FR 5038). 71 FR 42897 (7/28/06).
  • EPA revised its standards for limiting perchloroethylene emissions from existing and new dry cleaning facilities; the revisions require the implementation of an enhanced leak detection and repair program. 71 FR 42723 (7/27/06).
  • EPA designated two new reference methods for measuring concentrations of particulate matter and nitrogen dioxide in the ambient air. 71 FR 42089 (7/25/06).
  • EPA made minor amendments to the existing regulations implementing the phaseout of hydrochlorofluorocarbons (HCFCs), an ozone-depleting substance. 71 FR 41163 (7/20/06).
  • EPA proposed to amend the current regulations governing the production and trade of HCFCs; see above for the direct final rule. 71 FR 41192 (7/20/06).
  • EPA announced the availability of its report titled Provisional Assessment of Recent Studies on Health Effects of Particulate Matter Exposure. 71 FR 41409 (7/21/06).
  • EPA announced the availability of a draft document, Review of the National Ambient Air Quality Standards for Ozone: Policy Assessment of Scientific and Technical Information, and related draft technical support documents. 71 FR 40718 (7/18/06).
  • SIP Approvals: Montana (administrative rules) 71 FR 40922 (7/19/06). New York (nitrogen oxides and volatile organic compounds from stationary sources) 71 FR 41162 (7/20/06). Tennessee (update to materials incorporated by reference) 71 FR 41731 (7/24/06).
  • SIP Proposals: California (NAAQS for particulate matter with a diameter of 10 microns or less) 71 FR 40952 (7/19/06). Montana (administrative rules; see above for direct final rule) 71 FR 40951 (7/19/06).

HAZARDOUS & SOLID WASTE:

  • EPA amended its regulations under RCRA to streamline the management requirements for recycling used cathode ray tubes (CRTs) and glass removed from CRTs. 71 FR 42927 (7/28/06).
  • EPA entered into a proposed administrative settlement under CERCLA that requires the settling parties to provide EPA access at all reasonable times to a site in Montana and to any other property owned or controlled by the parties to resolve their inability to pay $1,109,446.43 in response costs incurred by EPA. 71 FR 42091 (7/21/06).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the American Lead Smelting and Refining site in Indianapolis, Indiana, that requires the settling party to pay $159,750 for recovery of past and projected future response costs to the hazardous substance Superfund. 71 FR 41803 (7/24/06).
  • EPA entered into a proposed administrative order on consent under CERCLA concerning the Excello Plating Company Superfund facility in Los Angeles, California, that requires the settling parties to pay $43,000 in response costs to EPA. 71 FR 41803 (7/24/06).
  • EPA entered into a proposed settlement under CERCLA concerning the reimbursement of past response costs incurred at the Henry Wood Preserving Superfund site in Hemingway, South Carolina. 71 FR 40519 (7/17/06).
  • EPA, under CERCLA §122(h)(1), amended the settlement concerning the Prestige Chemical Company Superfund site in Senoia, Georgia that was first published in the Federal Register on November 18, 2002 (67 FR 69528). 71 FR 41442 (7/21/06).

PESTICIDES:

  • EPA issued Bayer CropScience LP in Research Triangle Park, North Carolina, an experimental use permit for the insecticide Bacillus thuringiensis Cry1Ab protein and the genetic material necessary for its production. 71 FR 41020 (7/19/06).

WATER:

  • EPA proposed seven targeted regulatory changes to the National Primary Drinking Water Regulations for lead and copper. 71 FR 40827 (7/18/06).
  • EPA announced the availability of a draft technical guidance for managing nonpoint source pollution from hydromodification--an activity that alters the geometry and physical characteristics of a stream or river in such a way that the flow patterns change. 71 FR 40517 (7/17/06).
  • EPA approved revisions to West Virginia’s Public Water System Supervision Program and its regulations for issuing variances and exemptions. 71 FR 41443 (7/21/06).
  • EPA announced its intent to approve Idaho’s revisions to its State Public Water Supply Supervision Primacy Program. 71 FR 41021 (7/19/06).
  • EPA determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the waters and respective coastal waters and coastal tidal rivers of Duxbury Bay, Kingston Bay, Plymouth Bay, Plymouth Harbor, Massachusetts. 71 FR 41216 (7/20/06).

WILDLIFE:

  • FWS announced the availability of the recovery plan for the endangered Kauai Cave Wolf Spider and the Kauai Cave Amphipod; the two species are endemic to the Hawaiian Island of Kauai. 71 FR 41041 (7/19/06).
  • FWS reclassified the federally endangered Gila trout to threatened status and finalized a special rule under ESA §4(d) that would apply to Gila trout found in Arizona and New Mexico. 71 FR 40657 (7/18/06).
  • FWS proposed to designate areas of occupied, spring-related aquatic habitat in Texas as critical habitat for the Peck’s cave amphipod, Comal Springs dryopid beetle, and Comal Springs riffle beetle. 71 FR 40587 (7/17/06).
  • FWS proposed to designate critical habitat for the Hine’s emerald dragonfly in certain counties in Illinois, Michigan, Missouri, and Wisconsin. 71 FR 42441 (7/26/06).
  • FWS proposed to establish the 2006 to 2007 early-season hunting regulations for certain migratory game birds. 71 FR 43007 (7/28/06).
  • FWS announced that it plans to reintroduce northern aplomado falcons into their historical habitat in southern New Mexico for the purpose of establishing a viable resident population in Arizona and New Mexico; the falcon will be classified as a nonessential experimental population. 71 FR 42298 (7/26/06).
  • NMFS proposed to issue a three-year permit authorizing the incidental taking of three stocks of threatened or endangered marine mammals by the California/Oregon drift gillnet large mesh fishery. 71 FR 42809 (7/28/06).

DOJ NOTICES OF SETTLEMENT:

  • United States v. CBS Corp., No. 06- 0868 (W.D. Pa. June 30, 2006). Settling CERCLA defendants must pay $2,685,621 in past EPA response costs incurred at the Westinghouse Sharon Superfund site in Sharon, Pennsylvania, and must pay any future costs that the United States incurs and pays in connection with the site that are not inconsistent with the NCP. 71 FR 41051 (7/19/06).
  • United States v. Conexant Systems, Inc., No. 06-2931 (E.D. Pa. July 5, 2006). Settling CERCLA defendants must pay $357,694 in response costs and must continue to perform operation and maintenance at the Recticon/Allied Steel Superfund site in Parkerford, Pennsylvania. 71 FR 41052 (7/19/06).
  • United States v. City of Fostoria, No. 3:06-cv-1626 (N.D. Ohio July 6, 2006). A settling CWA defendant must: (1) submit a long-term control plan by no later than January 31, 2008, and implement it by December 31, 2025; (2) properly operate and maintain combined sewer overflow (CSO) automatic samplers and flow monitors; (3) develop and implement operation and maintenance manuals for its waste water treatment plant (WWTP) and sewer system; (4) inspect and clean its sewer system; (5) properly operate and maintain a primary overflow containment lagoon at the WWTP; (6) evaluate industrial user discharges to minimize their impact during wet weather; (7) engage in a continuing sampling program to verify that the discharges from a CSO outfall during dry weather are not the result of sanitary wastewater; (8) comply with interim effluent limits for total suspended solids and carbonaceous biochemical oxygen demand; (9) comply with final effluent limits for all remaining pollutants; and (10) pay a $30,000 civil penalty, half of which will be paid to the United States and the other half to Ohio. 71 FR 41052 (7/19/06).
  • United States v. NL Industries, Inc., No. 91-00578-JLF (S.D. Ill. July 12, 2006). A settling CERCLA defendant must pay $580,000 in past EPA response costs incurred at the NL Industries/Taracorp Superfund site in Granite City, Madison, and Venice, Illinois, and must pay a $20,000 civil penalty for failure to comply with a unilateral administrative order issued by EPA. 71 FR 41053 (7/19/06).
  • United States v. Conoco, Inc., No. H-01-4430 (D. Minn. July 12, 2006). Settling CAA defendants, under a second amendment to a consent decree that was first entered by the court on April 20, 2002, must modify the fluid catalytic cracking unit (FCCU) catalyst additive programs at all four of their refineries; must establish interim and final emission limits for FCCUs at the Ponca City, Oklahoma, refinery; must allow for alternative technologies for nitrogen oxide controls on FCCUs; and must adjust compliance dates resulting from the impact of hurricanes Katrina and Rita. 71 FR 42416 (7/26/06).

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

THE CONGRESS

CHAMBER ACTION:

  • S. 203 (National Heritage Areas Act of 2006), which would reduce temporarily the royalty required to be paid for sodium produced on federal lands, was passed by the House. 152 Cong. Rec. H5591, H5648 (daily ed. July 24, 2006).
  • S. 310 (Newlands Project Headquarters and Maintenance Yard Facility Transfer Act), which would direct the Secretary of the Interior to convey the Newlands Project Headquarters and Maintenance Yard Facility to the Truckee-Carson Irrigation District in the state of Nevada, was passed by the House, clearing the measure for the President. 152 Cong. Rec. H5586 (daily ed. July 24, 2006).
  • S. 1496 (Electronic Duck Stamp Act of 2005), which 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, was passed by the House, clearing the measure for the President. 152 Cong. Rec. H5587, H5647 (daily ed. July 24, 2006).
  • S. 1950 (United States-India Energy Security Cooperation Act), which would promote global energy security through increased cooperation between the United States and India in diversifying sources of energy, stimulating development of alternative fuels, developing and deploying technologies that promote the clean and efficient use of coal, and improving energy efficiency, was passed by the Senate. 152 Cong. Rec. S8135 (daily ed. July 24, 2006).
  • S. 2832 (Appalachian Regional Development Act Amendments),which would reauthorize and improve the program authorized by the Appalachian Regional Development Act of 1965, was passed by the Senate. 152 Cong. Rec. S8208 (daily ed. July 25, 2006).
  • H.R. 233 (Northern California Coastal Wild Heritage Wilderness Act), which would designate certain National Forest System lands in the Mendocino and Six Rivers National Forests and certain BLM lands in Humboldt, Lake, Mendocino, and Napa Counties in the state of California as wilderness, designate the Elkhorn Ridge Potential Wilderness Area, and designate certain segments of the Black Butte River in Mendocino County, California as a wild or scenic river, was passed by the House. 152 Cong. Rec. H5630 (daily ed. July 24, 2006).
  • H.R. 854 (tribal lands), which would provide for certain lands to be held in trust for the Utu Utu Gwaitu Paiute Tribe, was passed by the House. 152 Cong. Rec. H5581 (daily ed. July 24, 2006).
  • H.R. 1307 (Musconetcong Wild and Scenic Rivers Act), which would amend the Wild and Scenic Rivers Act to designate portions of the Musconetcong River in the state of New Jersey as a component of the National Wild and Scenic Rivers System, was passed by the House. 152 Cong. Rec. H5582 (daily ed. July 24, 2006).
  • H.R. 2730 (United States-Israel Energy Cooperation Act), which would establish a grant program to fund eligible joint ventures between U.S. and Israeli businesses and academic persons and establish the International Energy Advisory Board, was passed by the House. 152 Cong. Rec. H5874 (daily ed. July 26, 2006).
  • H.R. 2864 (Water Resources Development Act), which would provide for the conservation and development of water and related resources and authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, was passed by the Senate. 152 Cong. Rec. S7813 (daily ed. July 19, 2006).
  • H.R. 4075 (Marine Mammal Protection Act Amendments of 2005), which would amend to Marine Mammal Protection Act of 1972 to provide for better understanding and protection of marine mammals, was passed by the House. 152 Cong. Rec. H5226 (daily ed. July 17, 2006).
  • H.R. 3085 (National Trails System Act), which 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 that trail, was passed by the House. 152 Cong. Rec. H5232, H5245 (daily ed. July 17, 2006).
  • H.R. 3603 (Central Idaho Economic Development and Recreation Act), which would promote the economic development and recreational use of National Forest System lands and other public lands in central Idaho, designate the Boulder-White Cloud Management Area to ensure the continued management of certain National Forest System lands and BLM lands for recreational and grazing use and conservation and resource protection, and add certain National Forest System lands and BLM lands in central Idaho to the National Wilderness Preservation System, was passed by the House. 152 Cong. Rec. H5618 (daily ed. July 24, 2006).
  • H.R. 3817 (Valle Vidal Protection Act of 2005), which would withdraw the Valle Vidal Unit of the Carson National Forest in New Mexico from location, entry, and patent under the mining laws, was passed by the House. 152 Cong. Rec. H5615 (daily ed. July 24, 2006).
  • H.R. 4301 (Blunt Reservoir and Pierre Canal Land Conveyance Act of 2005), which would direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunk Reservoir and Pierre Canal features of the initial stage of the Oahe Unit, James Division, South Dakota, to the Commission of Schools and Public Lands and the Department of Game, Fish, and Parks of the state of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the Commission, was passed by the House. 152 Cong. Rec. H5616 (daily ed. July 24, 2006).
  • H.R. 4947 (Cahaba River National Wildlife Refuge Expansion Act), which would expand the boundaries of the Cahaba River National Wildlife Refuge, was passed by the House. 152 Cong. Rec. H5584 (daily ed. July 24, 2006).
  • H.R. 5025 (Mount Hood Stewardship Legacy Act), which would protect the future generations of recreational opportunities, forests, timber, clean water, wilderness and scenic values, and diverse habitat of Mount Hood National Forest, Oregon, was passed by the House. 152 Cong. Rec. H5571 (daily ed. July 24, 2006).
  • H.R. 5057 (conservation), which would authorize the Marion Park Project and Committee of the Palmetto Conservation Foundation to establish a commemorative work on federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion, was passed by the House. 152 Cong. Rec. H5585 (daily ed. July 24, 2006).
  • H.R. 5534 (fuel economy), which would establish a grant program whereby monies collected from violations of the corporate average fuel economy program are used to expand infrastructure necessary to increase the availability of alternative fuels, was passed by the House. 152 Cong. Rec. H5634, H5649 (daily ed. July 24, 2006).
  • H.R. 5611 (Fuel Consumption Education Act), which 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, was passed by the House. 152 Cong. Rec. H5878 (daily ed. July 26, 2006).

COMMITTEE ACTION:

  • S. 362 (marine debris) was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 109-332 pt. 2, 152 Cong. Rec. H5853 (daily ed. July 25, 2006). The bill would establish a program within NOAA and the U.S. Coast Guard to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety in coordination with nonfederal entities.
  • S. 757 (environmental health) was reported by the Committee on Health, Education, Labor, and Pensions. S. Rep. No. 109-290, 152 Cong. Rec. S8128 (daily ed. July 24, 2006). The bill would amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer.
  • S. 2464 (water rights) was reported by the Committee on Indian Affairs. S. Rep. No. 109-284, 152 Cong. Rec. S7920 (daily ed. July 19, 2006). The bill would revise a provision relating to a repayment obligation of the Fort McDowell Yavapai Nation under the Fort McDowell Indian Community Water Rights Settlement Act of 1990.
  • S. 3501 (water rights) was reported by the Committee on Indian Affairs. S. Rep. No. 109-291, 152 Cong. Rec. S8129 (daily ed. July 24, 2006). The bill would amend the Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement Act to establish an acquisition fund for the water rights and habitat acquisition program.
  • S. 3526 (Indian Land Consolidation Act) was reported by the Committee on Indian Affairs. S. Rep. No. 109-294, 152 Cong. Rec. S8269 (daily ed. July 26, 2006). The bill would amend the Indian Land Consolidation Act to modify certain requirements under that Act.
  • S. 3709 (Atomic Energy Act) was reported by the Committee on Foreign Relations. S. Rep. No. 109-288, 152 Cong. Rec. S8048 (daily ed. July 20, 2006). The original bill would exempt from certain requirements of the Atomic Energy Act of 1954 U.S. exports of nuclear materials, equipment, and technology to India and implement the United States Additional Protocol.
  • H.R. 2925 (drought relief) was reported by the Committee on Resources. H. Rep. No. 109-568, 152 Cong. Rec. H5279 (daily ed. July 17, 2006). The bill would amend the Reclamation States Emergency Drought Relief Act of 1991 to extend the authority for drought assistance.
  • H.R. 3049 (Lacey Act) was reported by the Committee on the Judiciary. H. Rep. No. 109-585, 152 Cong. Rec. H5565 (daily ed. July 20, 2006). The bill would amend section 42 of title 18, U.S. Code, popularly known as the Lacey Act, to add certain species of carp to the list of injurious species that are prohibited from being imported or shipped.
  • H.R. 3817 (mining) was reported by the Committee on Resources. H. Rep. No. 109-583, 152 Cong. Rec. H5565 (daily ed. July 20, 2006). The bill would withdraw the Valle Vidal Unit of the Carson National Forest in New Mexico from location, entry, and patent under the mining laws.
  • H.R. 4165 (coastal barrier resources) was reported by the Committee on Resources. H. Rep. No. 109-581, 152 Cong. Rec. H5565 (daily ed. July 20, 2006). The bill would clarify the boundaries of Coastal Barrier Resources System Clam Pass Unit FL-64P.
  • H.R. 4301 (wildlife) was reported by the Committee on Resources. H. Rep. No. 109-588, 152 Cong. Rec. H5565 (daily ed. July 20, 2006). The bill would direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the initial stage of the Oahe Unit, James Division, South Dakota, to the Commission of Schools and Public Lands and the Department of Game, Fish, and Parks of the state of South Dakota for the purpose of mitigating lost wildlife habitat on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the Commission.
  • H.R. 4947 (national wildlife refuge) was reported by the Committee on Resources. H. Rep. No. 109-587, 152 Cong. Rec. H5565 (daily ed. July 20, 2006). The bill would expand the boundaries of the Cahaba River National Wildlife Refuge.
  • H.R. 5018 (Magnuson-Stevens Fishery Conservation and Management Act) was reported by the Committee on Resources. H. Rep. No. 109-567, 152 Cong. Rec. H5279 (daily ed. July 17, 2006). The bill would reauthorize the Magnuson-Stevens Fishery Conservation and Management Act.
  • H.R. 5057 (conservation) was reported by the Committee on Resources. H. Rep. No. 109-582, 152 Cong. Rec. H5565 (daily ed. July 20, 2006). The bill would authorize the Marion Park Project and Committee of the Palmetto Conservation Foundation to establish a commemorative work on federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion.
  • H.R. 5411 (national park system) was reported by the Committee on Resources. H. Rep. No. 109-586, 152 Cong. Rec. H5565 (daily ed. July 20, 2006). The bill would direct the Secretary of the Interior to establish a demonstration program to facilitate landscape restoration programs within certain units of the National Park System established by law to preserve and interpret resources associated with American history.
  • H.R. 5682 (Atomic Energy Act) was reported by the Committee on International Relations. H. Rep. No. 109-590 Pt. 1, 152 Cong. Rec. H5682 (daily ed. July 24, 2006). The bill would exempt from certain requirements of the Atomic Energy Act of 1954 a proposed nuclear agreement for cooperation with India.
  • H. Res. 947 (Atomic Energy Act) was reported by the Committee on Rules. H. Rep. No. 109-599, 152 Cong. Rec. H5853 (daily ed. July 25, 2006). The resolution would provide for consideration of H.R. 5682 to exempt from certain requirements of the Atomic Energy Act of 1954 a proposed nuclear agreement for cooperation with India.

BILLS INTRODUCED:

  • S. 3666 (Nelson, D-Fla.) (national forest system) 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. S7554 (daily ed. July 14, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3681 (Domenici, R-N.M.) (CERCLA) would amend CERCLA to provide that manure shall not be considered a hazardous substance, pollutant, or contaminant. 152 Cong. Rec. S7752 (daily ed. July 18, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3684 (Allen, R-Va.) (energy efficiency) would study and promote the use of energy efficient computer servers in the United States. 152 Cong. Rec. S7753 (daily ed. July 18, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3694 (Obama, D-Ill.) (fuel economy) would increase fuel economy standards for automobiles. 152 Cong. Rec. S7921 (daily ed. July 19, 2006). The bill was referred to the Committee on Finance.
  • S. 3698 (Jeffords, I-Vt.) (climate change) would enact the Global Warming Pollution Reduction Act to set carbon dioxide emission limits for vehicles and take other actions to address climate change. 152 Cong. Rec. S8049 (daily ed. July 20, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3709 (Lugar, R-Ind.) (Atomic Energy Act) would exempt from certain requirements of the Atomic Energy Act of 1954 U.S. exports of nuclear materials, equipment, and technology to India and implement the United States Additional Protocol. 152 Cong. Rec. S8049 (daily ed. July 20, 2006). The original bill was referred from the Committee on Foreign Relations.
  • S. 3711 (Domenici, R-N.M.) (energy) would enhance the energy independence and security of the United States by providing for exploration, development, and production activities for mineral resources in the Gulf of Mexico. 152 Cong. Rec. S8049 (daily ed. July 20, 2006). The bill was read for the first time.
  • S. 3712 (DeWine, R-Ohio) (national parks) would redesignate the Dayton Aviation Heritage National Historical Park in the state of Ohio as the "Dayton Wright Brothers-Dunbar National Historical Park." 152 Cong. Rec. S8103 (daily ed. July 21, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3719 (Reid, D-Nev.) (renewable energy) would amend the Internal Revenue Code of 1986 to allow public school districts to receive no interest loans for the purchase of renewable energy systems. 152 Cong. Rec. S8129 (daily ed. July 24, 2006). The bill was referred to the Committee on Finance.
  • S. 3720 (Santorum, R-Pa.) (Farm Security Act) would amend the Food Security Act of 1985 to improve the protection of farm and ranch land. 152 Cong. Rec. S8195 (daily ed. July 25, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3723 (Dodd, D-Conn.) (rivers) would amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the state of Connecticut as components of the National Wild and Scenic Rivers System. 152 Cong. Rec. S8195 (daily ed. July 25, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3729 (Baucus, D-Mont.) (wildfires) would provide for the establishment of emergency wildland fire suppression funds. 152 Cong. Rec. S8195 (daily ed. July 25, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3737 (Lieberman, D-Conn.) (National Trails System Act) would amend the National Trails System Act to designate the Washington-Rochambeau Route National Historic Trail. 152 Cong. Rec. S8269 (daily ed. July 26, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3746 (Boxer, D-Cal.) (agriculture) would authorize the Secretary of the Interior and the Secretary of Agriculture to make grants to facilitate the establishment of the National Ag Science Center in Stanislaus County, California. 152 Cong. Rec. S8377 (daily ed. July 27, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3748 (Nelson, D-Fla.) (dikes) would require the Secretary of the Army to publish a supplement to the major rehabilitation report for the Herbert Hoover Dike system. 152 Cong. Rec. S8377 (daily ed. July 27, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3753 (Baucus, D-Mont.) (agriculture) would provide emergency assistance to agricultural producers that have incurred losses during calendar year 2006 due to fires. 152 Cong. Rec. S8377 (daily ed. July 27, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3755 (Schumer, D-N.Y.) (national heritage area) would establish the Niagara Falls National Heritage Area in the state of New York. 152 Cong. Rec. S8377 (daily ed. July 27, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3756 (Menendez, D-N.J.) (air quality) would study and improve the air quality inside school buses. 152 Cong. Rec. S8377 (daily ed. July 27, 2006). The bill was referred to the Committee on Environment and Public Works.
  • H.R. 5809 (Hart, R-Pa.) (energy efficiency) would amend the Internal Revenue Code of 1986 to increase and extend the energy efficient commercial buildings deduction. 152 Cong. Rec. H5280 (daily ed. July 17, 2006). The bill was referred to the Committee on Ways and Means.
  • H.R. 5810 (Young, R-Alaska) (CERCLA) would amend CERCLA to authorize funding for brownfields revitalization activities and state response programs. 152 Cong. Rec. H5280 (daily ed. July 17, 2006). The bill was referred to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure.
  • H.R. 5811 (Young, R-Alaska) (pollution) would implement the Protocol of 1997 to the International Convention for the Prevention of Pollution from Ships, 1973. 152 Cong. Rec. H5280 (daily ed. July 17, 2006). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5812 (Young, R-Alaska) (Appalachian Regional Development Act) would reauthorize and improve the program authorized by the Appalachian Regional Development Act of 1965. 152 Cong. Rec. H5280 (daily ed. July 17, 2006). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5823 (Kelly, R-N.Y.) (Federal Power Act) would amend certain provisions of the Federal Power Act added by the Energy Policy Act of 2005 relating to the use of eminent domain authority for the construction of electric power lines. 152 Cong. Rec. H5380 (daily ed. July 18, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5827 (Boehner, R-Ohio) (development) would make Celina, Ohio, eligible for certain rural development loans and grants. 152 Cong. Rec. H5380 (daily ed. July 18, 2006). The bill was referred to the Committee on Agriculture.
  • H.R. 5832 (Gutknecht, R-Minn.) (agriculture) would establish the National Institute of Food and Agriculture and provide funding for the support of fundamental agricultural research of the highest quality. 152 Cong. Rec. H5490 (daily ed. July 19, 2006). The bill was referred to the Committee on Agriculture.
  • H.R. 5856 (Delauro, D-Conn.) (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. H5566 (daily ed. July 20, 2006). The bill was referred to the Committee on Ways and Means.
  • H.R. 5863 (Barton, R-Tex.) (TSCA) would authorize temporary emergency extensions to certain exemptions from the PCB requirements under TSCA. 152 Cong. Rec. H5682 (daily ed. July 24, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5867 (Jo Ann Davis, R-Va.) (water) would amend title 10, U.S. Code, to clarify the authority of the secretary of a military department, or the Secretary of Homeland Security in the case of the Coast Guard, to sell untreated water located on military installations. 152 Cong. Rec. H5862 (daily ed. July 24, 2006). The bill was referred to the Committee on Armed Services.
  • H.R. 5868 (Grijalva, D-Ariz.) (public policy) would amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to provide funds for training in tribal leadership, management, and policy. 152 Cong. Rec. H5862 (daily ed. July 24, 2006). The bill was referred to the Committee on Education and the Workforce and to the Committee on Resources.
  • H.R. 5872 (Saxton, R-N.J.) (New Jersey/New York Clean Ocean Zone) would restore, protect, and preserve the natural, chemical, physical, and biological integrity and the economic potentialities of the New York/New Jersey Bight through designation and establishment of the New Jersey/New York Clean Ocean Zone and the regulation of various activities therein. 152 Cong. Rec. H5862 (daily ed. July 24, 2006). The bill was referred to the Committee on Transportation and Infrastructure and to the Committee on Resources.
  • H.R. 5874 (Carnahan, D-Mo.) (oil and natural gas) would direct the Secretary of the Interior to suspend the application of any provision of federal law under which any person is given relief from any requirement to pay royalties for the production of oil or natural gas from federal lands (including submerged lands) and for production occurring in any period in which the market price of production exceeds certain prices. 152 Cong. Rec. H5853 (daily ed. July 25, 2006). The bill was referred to the Committee on Ways and Means, the Committee on Resources, and the Committee Science.
  • H.R. 5883 (Peterson, R-Pa.) (oil) would establish a commission to assist in commemoration of the sesquicentennial of the discovery of oil at Drake Well near Titusville, Pennsylvania, on August 27, 1859, and the resulting development of the American petroleum industry. 152 Cong. Rec. H5853 (daily ed. July 25, 2006). The bill was referred to the Committee on Government Reform.
  • H.R. 5885 (Simmons, R-Conn.) (rivers) would amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the state of Connecticut as components of the National Wild and Scenic Rivers System. 152 Cong. Rec. H5853 (daily ed. July 25, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5890 (Nunes, R-Cal.) (energy) would establish the American-Made Energy Trust Fund, increase the tax credits for cellulosic biomass ethanol, extend tax incentives for solar and fuel cell property, promote coal-to-liquid fuel activities, and direct the Secretary of the Interior to establish and implement a competitive oil and gas leasing program for the Coastal Plain of Alaska. 152 Cong. Rec. H5952 (daily ed. July 26, 2006). The bill was referred to the Committee on Ways and Means, and in addition to the Committees on Resources, Energy and Commerce, and Science.
  • H.R. 5892 (Aderholt, R-Ala.) (agriculture) would amend the Internal Revenue Code of 1986 to provide special rules for the exchange or installment sale of certain agricultural property. 152 Cong. Rec. H5953 (daily ed. July 26, 2006). The bill was referred to the Committee on Ways and Means.
  • H.R. 5895 (Hinchey, D-N.Y.) (National Trails System Act) would amend the National Trails System Act to designate the Washington-Rochambeau Revolutionary Route National Historic Trail. 152 Cong. Rec. H5953 (daily ed. July 26, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5898 (Kolbe, R-Ariz.) (national parks) would expand the boundary of Saguaro National Park and study additional land for potential inclusion or removal from the boundary of the park. 152 Cong. Rec. H5953 (daily ed. July 26, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5899 (Larsen, D-Wash.) (flood control) would provide additional flood control storage at the Upper and Lower Baker Dams. 152 Cong. Rec. H5953 (daily ed. July 26, 2006). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5900 (Kind, D-Wis.) (wildlife) would protect, conserve, and restore native fish, wildlife, and their natural habitats at national wildlife refuges through cooperative, incentive-based grants to control, mitigate, and eradicate harmful nonnative species. 152 Cong. Rec. H5953 (daily ed. July 26, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5904 (Matheson, D-Utah) (renewable energy) would amend the Internal Revenue Code of 1986 to allow public school districts to receive no interest loans for the purchase of renewable energy systems. 152 Cong. Rec. H5953 (daily ed. July 26, 2006). The bill was referred to the Committee on Ways and Means.
  • H.R. 5925 (Bartlett, R-Md.) (food and energy) would provide for federal research, development, demonstration, and commercial application activities to enable the development of farms that are net producers of both food and energy. 152 Cong. Rec. H6017 (daily ed. July 27, 2006). The bill was referred to the Committee on Science.
  • H.R. 5926 (Berkley, D-Nev.) (energy) would provide for the energy independence of the United States. 152 Cong. Rec. H6017 (daily ed. July 27, 2006). The bill was referred to the Committee on Ways and Means, and in addition to the Committees on Resources, Energy and Commerce, and Science.
  • H.R. 5927 (Cardin, D-Md.) (energy) would provide energy independence to Americans, increase the efficiency and decrease the environmental impact of America’s energy policy, increase America’s research and development in energy, and encourage the development and use of renewable forms of energy. 152 Cong. Rec. H6017 (daily ed. July 27, 2006). The bill was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, Government Reform, and Science.
  • H.R. 5930 (Cramer, D-Ala.) (national heritage area) would establish the Muscle Shoals National Heritage Area in the state of Alabama. 152 Cong. Rec. H6017 (daily ed. July 27, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5931 (Doyle, D-Pa.) (green buildings) would improve efficiency in the federal government through the use of high-performance green buildings. 152 Cong. Rec. H6017 (daily ed. July 27, 2006). The bill was referred to the Committee on Energy and Commerce, and in addition to the Committees on Government Reform, Science, and Transportation and Infrastructure.
  • H.R. 5932 (Everett, R-Ala.) (agriculture) would amend the Internal Revenue Code of 1986 to authorize agricultural producers to establish and contribute to tax-exempt farm risk management accounts in lieu of obtaining federally subsidized crop insurance or noninsured crop assistance, provide for contributions to such accounts by the Secretary of Agriculture, specify the situations in which amounts may be paid to producers from such accounts, and limit the total amount of such distributions to a producer during a taxable year. 152 Cong. Rec. H6017 (daily ed. July 27, 2006). The bill was referred to the Committee on Ways and Means, and in addition to the Committee on Agriculture.
  • H.R. 5946 (Pombo, R-Cal.) (Magnuson-Stevens Fishery Conservation and Management Act) would amend Magnuson-Stevens Fishery Conservation and Management Act to authorize activities to promote improved monitoring and compliance for high seas fisheries or fisheries governed by international fishery management agreements. 152 Cong. Rec. H6017 (daily ed. July 27, 2006). The bill was referred to the Committee on Resources.
  • H.R. 5950 (Udall, D-N.M.) (Energy Policy Act) would repeal certain tax subsidies enacted by the Energy Policy Act of 2005 for oil and gas, allow a credit against income tax for farm diesel expenses, and allow a credit to farmers who produce biodiesel and agri-biodiesel. 152 Cong. Rec. H6017 (daily ed. July 27, 2006). The bill was referred to the Committee on Ways and Means.
  • H. Con. Res. 453 (Carnahan, R-Mo.) (climate change) would express the sense of Congress regarding the need for the United States to address global climate change through the negotiation of fair and effective international commitments. 152 Cong. Rec. H5854 (daily ed. July 25, 2006). The bill was referred to the Committee on International Relations
  • H. Res. 931 (Thompson, D-Miss.) (Hurricane Katrina) would express the sense of the House of Representatives that on August 27, 2006, people of goodwill throughout the United States should remember the victims of Hurricane Katrina, both living and dead, and pledge to work toward the repair, rebuilding, and resettlement of the Gulf Coast of the United States. 152 Cong. Rec. H5566 (daily ed. July 20, 2006). The resolution was referred to the Committee on Government Reform.

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 Colorado Illinois Maine New Hampshire Ohio West Virginia Alaska Connecticut Iowa Massachusetts New Jersey Oklahoma Wyoming Arizona Hawai’i Kansas Minnesota New York Texas   California Idaho Louisiana Nevada North Carolina Washington  

ALABAMA

General:

  • The Environmental Management Commission (AEMC) will hold a public hearing to receive data, views, and arguments regarding AEMC’s proposal to add new Chapter 335-2-4, Conflict of Interest Provisions. This chapter is necessary in order for the members of the AEMC to comply with conflict of interest provisions of state and federal law in matters related to NPDES, air pollution control, and RCRA programs. The hearing will be held September 5, 2006. Comments are due September 7, 2006. See http://www.adem.state.al.us//PublicNotice/July/Div2.htm

ALASKA

Air:

  • The Department of Environmental Conservation proposes to adopt changes to Chapter 50, Air Quality Control, and Chapter 52, Emissions Inspection and Maintenance Requirements for Motor Vehicles, of Title 18 of the Alaska Administrative Code (AAC). The Department also proposes to adopt changes to the State Air Quality Control Plan, including the amendment of 18 AAC 52, Emissions Inspection and Maintenance Requirements for Motor Vehicles and the State Air Quality Control Plan. Public hearings will be held August 22 and 24, 2006. Comments are due August 25, 2006. See http://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/472b37d4ece03c6a89 2571af007e46b2?OpenDocument

Water:

  • The Department of Natural Resources is extending the comment period for the proposed modification and reissuance of General Permit 91-7 under the authority of Section 10 of the Rivers and Harbors Act of 1899. The general permit would authorize the placement of aquatic farm structures, including associated floathouses and mooring buoys, in certain navigable waters within the state of Alaska for the purpose of commercial and/or experimental aquatic plant and/or shellfish aquaculture. Comments are due August 31, 2006. See http://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/ a4b709b5eeef26c9892571b50060ec2b?OpenDocument

ARIZONA

Air:

  • The Department of Environmental Quality will hold a public hearing to discuss rules that would establish standards of performance for the control of mercury emissions from new and existing stationary coal-fired electric utility steam generating units, as defined in §111 of the CAA, that are at least as stringent as the federal rule at 40 C.F.R. 60, subpts. Da and HHH. The hearing will be held September 12, 2006. Comments are due September 12, 2006. See http://www.azdeq.gov/function/laws/draft.html#mercury
  • The Department of Environmental Quality is in the process of proposing to update its transportation conformity rules in Article 14 to reflect the requirements of federal transportation conformity rules at CAA §176(c) and 40 C.F.R. 93.100 through 93.129, as revised by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of August 10, 2005. See http://www.azdeq.gov/function/laws/draft.html#cbg
  • The Department of Environmental Quality has implemented a state hazardous air pollutants program under A.R.S. §§49-426.05 and 49-426.06(A)(2). See http://www.azdeq.gov/function/laws/draft.html#haps

Hazardous Waste:

  • The Department of Environmental Quality will hold public hearings to discuss a proposal for rules that would update and revise Chapter 7, Article 2. Changes in the rule would: (1) revise and update the existing predetermined Soil Remediation Levels (SRL); (2) replace the Voluntary Environmental Mitigation Use Restriction requirement with the Declaration of Environmental Use Restriction requirements consistent with A.R.S. §49-152; (3) expand the determination of compliance with SRLs to include the use of soil gas analyses; (4) revise language regarding the letter of completion to add alternative closure documents consistent with the current statute; and (5) require the use of 1x 10-6 excess lifetime cancer risk level for remediation at sites if the current or currently intended future use is a school or child care facility where children are reasonably expected to be in frequent and repeated contact with the soil. Public hearings will be held August 30 and 31, 2006. Comments are due September 5, 2006. See http://www.azdeq.gov/function/laws/draft.html#soil

CALIFORNIA

Air:

  • The Air Resources Board held a public workshop to discuss statewide commercial harbor craft inventory development and the staff regulatory proposal for reducing diesel particulate matter and nitrogen oxide emissions from in-use diesel-fueled engines on commercial harbor craft. The workshop was held July 27, 2006. See http://www.arb.ca.gov/msprog/offroad/marinevess/meetings/072706hcnotice.pdf

Hazardous Waste:

  • The California Integrated Waste Management Board (CIWMB) proposes to revise form CIWMB 303 and the associated regulatory text that applies to the CIWMB’s and Department of Toxic Substances Control’s (DTSC) management of household hazardous waste (HHW) programs. The proposed regulations would provide clear program guidance to the CIWMB, DTSC, and local HHW governing bodies. A public hearing was held on July 24, 2006, and comments were due the same date. See http://www.ciwmb.ca.gov/Rulemaking/HHWForm303/default.htm

Toxic Substances:

  • The Office of Environmental Health Hazard Assessment (OEHHA) announced its intent to list the chemical Anthraquinone, CAS No. 84-65-1, under the Safe Drinking Water and Toxic Enforcement Act of 1986 because the OEHHA has found that it meets the criteria set forth in Title 22, Cal. Code of Regs., §12306 for listing as causing cancer. Comments are due August 21, 2006. See http://oehha.org/prop65/CRNR_notices/admin_listing/intent_to_list/noilpkg19a5AQ.html
  • The California Department of Toxic Substances Control (DTSC) is requesting public comment on the proposed revisions to the previously approved remedy for soil contamination at the former O’Brien Property. The revisions would modify the approved remedy at the site to allow a day-care center in the northwestern area of the site and incorporate methane mitigation into the site development. The DTSC has also prepared a notice of exemption in compliance with the California Environmental Quality Act for this project. Comments are due August 15, 2006. See http://www.dtsc.ca.gov/HazardousWaste/Projects/upload/Britannia_PN_CMS_0606.pdf

COLORADO

Hazardous Waste:

  • The Hazardous Waste Commission will hold a public hearing for the consideration of proposed amendments to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Parts 261 and 262. Amendments to §§261.5 and 262.13 (de minimis conditionally exempt small quantity generator generation rates); §262.34(a)(2) (Tracking Accumulation Time for Tanks); §§260.10, 261.5(b) and 262.43 (Requirement for Submittal of Self-Certification Information); §265.192 (Tank Requirements); and §100.32 (Effective Date of Permits) will be considered for adoption. The public hearing will be held September 19, 2006. Comments are due September 5, 2006.See http://www.cdphe.state.co.us/op/hwc/amendment261.5and262.13deminimuscesqg091906.pdf

CONNECTICUT

Hazardous Waste:

  • The Department of Environmental Protection will hold public informational meetings and hearings regarding the proposed amendment to the Connecticut Solid Waste Management Plan. The proposed amendments are comprehensive, replacing the existing state plan that dates back to 1991. Public informational meetings will be held July 25, 26, and August 1, 2006. Public hearings will be held August 22, 23, and 29, 2006. See http://dep.state.ct.us/wst/solidw/swplan/ScheduleofPublicMeetings&Hearings.pdf

HAWAI’I

Wildlife:

  • The Division of Aquatic Resources will soon announce the schedule for public hearings on a measure (HAR 13-65) that would establish a new public fishing area at Wailua Reservoir. See http://www.hawaii.gov/dlnr/dar/notices.htm

IDAHO

Air:

  • The Department of Environmental Quality will hold a public hearing to discuss a plan to address regional haze in Class I Wilderness Areas and other Class I impacted areas by December 17, 2007, as required by the CAA Regional Haze Rule at 40 C.F.R. §51.308. The rule is intended to reduce the impacts of man-made visibility impairing pollutants on Class I areas by 2064. The public hearing will be held September 6, 2006. The comment period will run from August 2, 2006, to September 6, 2006. See http://www.deq.idaho.gov/rules/air/58_0101_0601_ proposed.cfm

Water:

  • The Department of Environmental Quality (DEQ) is proposing rules 58-0116-0502 (wastewater portion) and 58-0108-0602 (drinking water portion) in order to initiate phase two of the effort to comply with §2 of Senate Bill 1220, which directed the DEQ to develop facility and design standards for both drinking water and wastewater systems. The public comment period is August 2, 2006, to August 30, 2006. See http://www.deq.idaho.gov/rules/drinking_water/58_0108_0602_ proposed.cfm
  • The Department of Environmental Quality (DEQ) is seeking public comment on proposed revisions to sand mound guidance in the Technical Guidance Manual (TGM). The TGM’s sand mound section provides guidance to property owners, builders, and onsite wastewater system installers for designing and installing sand mounds in areas that do not meet DEQ’s requirements for a standard septic system drainfield. Comments are due August 21, 2006. See http://www.deq.state.id.us/Applications/NewsApp/shownews.cfm?event_id=1584

ILLINOIS

Water:

IOWA

Hazardous & Solid Waste:

  • The Environmental Protection Commission has adopted new Chapter 14, Environmental Covenants, and amended Chapter 135, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, and Chapter 137, Iowa Land Recycling Program and Response Action Standards, of the Iowa Administrative Code. These amendments implement provisions of 2005 Iowa Acts, Senate File 375, and shall become effective August 23, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060719.pdf
  • The Environmental Protection Commission has amended Chapter 22, Controlling Pollution, and Chapter 23, Emission Standards for Contaminants, of the Iowa Administrative Code. The purpose of the amendments is to adopt into the state air quality rules several federal regulations that were finalized over the last year. The amendments also include one clarification to state air quality rules for construction permit exemptions. These amendments shall become effective August 23, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060719.pdf
  • The Environmental Protection Commission has amended Chapter 64, Wastewater Construction and Operation Permits, Iowa Administrative Code, to add and implement a fee structure for wastewater permits. These amendments shall become effective August 23, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060719.pdf

KANSAS

Air:

LOUISIANA

Hazardous Waste:

  • The Department of Environmental Quality renewed Emergency Rule HW084E8, which was effective on March 27, 2006, and published in the Louisiana Register on April 20, 2006. Current regulations cause contaminated environmental media to retain the description of having RCRA-listed waste “contained-in,” thereby slowing the remediation of the site or possibly halting it completely due to administrative and disposal issues. This rule will remove a regulatory hurdle that deters site remediation. The rule is effective on July 25, 2006, and shall remain in effect for a maximum of 120 days or until a final rule is promulgated, whichever occurs first. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/HW084E9.pdf

General:

  • The Department of Environmental Quality renewed and revised Emergency Rule OS054E9, which was effective on March 20, 2006, and published in the Louisiana Register on April 20, 2006, and again on May 20, 2006, with a correction. This renewal of the Emergency Rule provides an alternative penalty assessment mechanism that the department may utilize, at its discretion, to expedite penalty agreements in appropriate case. The Emergency Rule will abate the delay in correcting minor and moderate violations of the Environmental Quality Act. The rule is effective on July 18, 2006, and shall remain in effect for a maximum of 120 days or until a final rule is promulgated, whichever occurs first. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/OS054E10.pdf

MAINE

Wildlife:

  • The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider adoption of rule number 2006-P185 pertaining to season dates, bag limits, and shooting hours for the hunting of ducks, geese, and other migratory game birds. The hearing will be held August 16, 2006. Comments are due August 16, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/072606.htm
  • The Department of Inland Fisheries & Wildlife has adopted rule 2006-314, which repeals the prohibition on the taking of female pheasants within Wildlife Management District 24 during the annual pheasant hunting season (October 1 - December 31). This rule was effective July 17, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/071906.htm

Hazardous & Solid Waste:

  • The Bureau of Remediation and Waste Management is amending Chapter 870: Labeling of Mercury-added Products. This rule is being amended to provide for labeling of mercury-added lamps as now required under 38 MRSA §1662(1). Comments are due September 1, 2006. See http://www.maine.gov/dep/rwm/rules/rulemaking.htm

MASSACHUSETTS

Air:

  • The Massachusetts Department of Environmental Protection and the Registry of Motor Vehicles will hold joint public meetings to inform interested parties about the working assumptions for the next contract for the Enhanced Emissions and Safety Test program that expires on September 30, 2008. The meetings will be held August 8, 10, 15, and 16, 2006. See http://www.mass.gov/dep/public/communicate/meetings.htm

General:

  • The Department of Environmental Protection will hold public hearings on Fee Regulation Package 2006-1, with amendments to 310 CMR 4.00, Timely Action Schedule and Fee Provisions. The proposed amendments will add, delete, or otherwise amend review schedules and fees for air quality, solid waste, water supply, water pollution control, and dental mercury amalgam collection and recycling programs. The hearings will be held August 7 and 8, 2006. Comments are due August 18, 2006. See http://www.mass.gov/dep/service/online/feereg06.htm

MINNESOTA

Water:

NEVADA

Air:

  • The Division of Environmental Protection is proposing to amend NAC 445B.001-.3689 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 workshop will be held to solicit comments from interested persons on August 1, 2006. See http://ndep.nv.gov/docs_06/p2006-09_nsr_workshop.pdf
  • The Division of Environmental Protection is proposing to amend NAC 445B.001-.3689. 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. A workshop will be held to solicit comments from interested persons on August 1, 2006. See http://ndep.nv.gov/docs_06/p2006-09_nsr_workshop.pdf

NEW HAMPSHIRE

Water:

  • The Department of Environmental Services is proposing to readopt and redesign existing rules Env-Ws 420, which establish the criteria and procedures for groundwater reclassification and management of wellhead protection areas and other locally important groundwater, into Env-Dw 901. The rules also are being revised to clarify and refine the requirements, add definitions to clarify when a groundwater management permit is required under RSA 485-C:13, III(a), and allow for greater efficiency and accuracy in both the public notification process and potential contamination source data management. A hearing will be held August 9, 2006. Comments are due August 21, 2006. See http://www.des.state.nh.us/RuleMaking/notice2006/Env-Dw901RMN.pdf

NEW JERSEY

Water:

  • The Department of Environmental Protection is proposing amendments and new rules in the Water Pollution Control Act rules (N.J.A.C. 7:14), the Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A, and the Coastal Permit Program Rules, N.J.A.C. 7:7, to categorize certain violations as either minor or non-minor for the purpose of providing grace periods in accordance with N.J.S.A. 13:1D-125 et seq., commonly known as the Grace Period Law. Comments are due September 15, 2006. See http://www.nj.gov/dep/rules/notices/071706e.htm
  • The Department of Environmental Protection will hold a series of public hearings to discuss a proposal to readopt with amendments the agricultural, aquacultural, and horticultural water usage certification rules at N.J.A.C. 7:20A. The hearings will be held August 8 and 10, 2006. Comments are due September 15, 2006. See http://www.nj.gov/dep/rules/notices/071706e.htm

NEW YORK

Air:

  • The Department of Environmental Conservation has amended 6 NYCRR Part 200, General Provisions. The adoption of this rule is intended to bring the Department of Environmental Conservation’s list of exempt volatile organic compounds in line with the list promulgated by U.S. EPA at 40 C.F.R. §51.100(s). This rules will become effective August 9, 2006. See http://www.dec.state.ny.us/website/enb2006/20060726/not0.html

Water:

  • The Department of Environmental Conservation has amended 6 NYCRR Part 41, Sanitary Condition of Shellfish Lands, to reclassify underwater lands for shellfishing in order to protect public health. Comments will be accepted from June 14, 2006, through July 31, 2006. See http://www.dec.state.ny.us/website/dfwmr/propregs/index.html#41p

Wildlife:

  • The Department of Environmental Conservation has adopted 6 NYCRR Part 49, Shellfish Management, to provide for the conservation and management of oysters and scallops. This regulation was adopted on July 5, 2006. See http://www.dec.state.ny.us/website/dfwmr/propregs/part49text.html
  • The Department of Environmental Conservation has adopted 6 NYCRR, Part 189, Chronic Wasting Disease, to protect New York’s white-tailed deer herd from Chronic Wasting Disease (CWD) by preventing the importation of CWD infectious materials into New York from newly identified sources. This regulation was adopted on July 5, 2006. See http://www.dec.state.ny.us/website/dfwmr/propregs/part189text.html

NORTH CAROLINA

Wildlife:

  • The Department of Environment and Natural Resources will hold a series of public hearings to discuss a proposal by the Marine Fisheries Commission to adopt the rules cited as 15A NCAC 03L .0208 and 03O .0112-.0113; and to amend the rules cited as 15A NCAC 03I .0101, 03O .0101-.0102, .0106- .0107, .0501, .0503, and 03R .0103. The hearings will be held August 1 and 15, 2006, and September 27, 2006. Comments are due September 27, 2006. See http://www.ncoah.com/rules/register/Volume21Issue02.pdf

OHIO

Hazardous and Solid Waste:

  • The Division of Air Pollution Control proposed to amend the following Ohio Administrative Code (OAC) rules: 3745-76-01 (Definitions); 3745-76-02 (Designated facilities); 3745-76-03 (Control requirements for municipal solid waste landfills); 3745-76-04 (Test methods and procedures); 3745-76-06 (Compliance times); 3745-76-07 (Standards for air emissions from municipal waste landfills); 3745-76-08 (Operational standards for collection and control systems); 3745-76-09 (Test methods and procedures); 3745-76-10 (Compliance provisions); 3745-76-11 (Monitoring of operations); 3745-76-12 (Reporting requirements); 3745-76-13 (Record keeping requirements); 3745-76-14 (Specifications for active collection systems); and 3745-76-15 (Flare requirements). A public hearing on these rule changes will be conducted on August 21, 2006. Comments are due the same date. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_32039_20060712_0943.pdf
  • The Ohio Environmental Protection Agency will hold a public hearing on proposed revisions to rule 3745-50-54, Duration of Permits. The purpose of this proposed rulemaking is to make this rule equivalent to its federal counterpart. The hearing will be held August 16, 2006. Comments are due the same date. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_32058_20060713_0816.pdf

Water:

  • The Division of Drinking and Ground Waters and Division of Surface Water propose to modify rules regulating the certification of operators of drinking water and wastewater facilities under Chapter 3745-7 of the Ohio Administrative Code. An information session will be conducted on August 17, 2006. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_32101_20060714_0840.pdf
  • The Division of Drinking and Ground Waters is proposing revisions to Ohio Administrative Code rules that set the monitoring requirements for public water systems to demonstrate compliance with secondary maximum contaminant levels, set the operational requirements for public water systems, and outline the requirements for installing a yard hydrant with a connection to a public water system. A public hearing will be conducted on August 22, 2006. Comments are due August 22, 2006. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_32102_20060714_0848.pdf
  • The Division of Drinking and Ground Waters is proposing two new rules in Chapter 3745-88 of the Ohio Administrative Code for the purposes of providing loan assistance and subsidies to public water systems serving disadvantaged communities. A public hearing will be conducted on August 22, 2006. Comments are due August 22, 2006. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_32103_20060714_0851.pdf

OKLAHOMA

Air:

  • Oklahoma has joined the newly formed Blue Skyways Collaborative in its mission to significantly reduce diesel emissions and conserve energy in a large part of the central United States. The collaborative is a partnership coordinated by U.S. EPA Regions 6 and 7 and the nonprofit Central States Air Resource Agencies. The group will use public and private partnerships in seeking voluntary solutions, incentives, and shared approaches to reducing diesel and other fuel-related emissions. See http://www.deq.state.ok.us/AQDnew/newsletters/May06/May06.html

Water:

TEXAS

Water:

UTAH

Water:

  • The Department of Environmental Quality proposes an amendment to rule R317-7 to align the definition of large capacity underground domestic wastewater disposal systems under the administrative rules for the Underground Injection Control (UIC) Program with the definition for those systems under the administrative rule for Large Underground Wastewater Disposal Systems. The reason for this change is to simplify the integration of the performance-based UIC Program regulations (Rule R317-7) with the prescriptive Large Underground Wastewater Disposal Systems regulations (Rule R317-5) governing their siting, construction, and operation. Comments are due August 14, 2006. This amendment may become effective on September 1, 2006. See http://www.rules.utah.gov/publicat/bulletin/2006/20060715/28859.htm

WASHINGTON

Water:

  • The Department of Ecology is revising the water quality standards in response to a formal disapproval from U.S. EPA. U.S. EPA identified parts of Washington’s water quality standards that do not go far enough under the CWA to protect salmon and bull trout in certain streams and rivers. Public workshops, followed by public hearings, will be held August 8, 9, 14, and 15, 2006. The public comment period will run July 5 through September 7, 2006. See http://www.ecy.wa.gov/laws-rules/RulesCalendar.html

WEST VIRGINIA

Air:

  • The Department of Environmental Protection, Division of Air Quality, is soliciting comment on the proposed redesignation request for the Weirton, West Virginia, eight-hour ozone nonattainment area, comprising Brooke and Hancock Counties, and the proposed air quality maintenance plan. A hearing was held July 25, 2006. See http://www.wvsos.com/adlaw/register/current/071406.pdf (p. 1311)

Land use:

WYOMING

  • The Environmental Quality Council (EQC) held a public hearing concerning a proposal to revise Chapter 6, Permitting Requirements, Section 4, Prevention of Significant Deterioration (PSD), to incorporate changes to the federal PSD Program that were promulgated on December 31, 2002.  These changes, known as New Source Review Reform, affect modifications at existing major stationary sources under Chapter 6, Section 4, of the Wyoming Air Quality Standards and Regulations. The hearing was held July 18, 2006. See http://deq.state.wy.us/aqd/

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

INTERNATIONAL

UNITED KINGDOM SETS DATE FOR ELECTRONIC WASTE LAW:

The U.K. government has announced the Waste Electrical and Electronic Equipment (WEEE) directive will require producers and importers of electronic goods to become responsible for their recycling by July 2007. The WEEE directive seeks to minimize the impacts of electrical and electronic devices on the environment during their lifetime and when they are thrown away. Producers will be required to finance the treatment and recycling of equipment, and retailers will be obligated to offer take-back services to consumers. The government’s consultation on the key proposals will continue until October, with the measures becoming law in December, and full producer responsibility being introduced July 1, 2007. See http://news.bbc.co.uk/2/hi/science/nature/5213544.stm

CANADIAN CONSERVATIVES TO ANNOUNCE ENVIRONMENTAL PLAN:

In October of this year, Canadian conservatives will announce a wide-ranging environmental plan to cut greenhouse emissions, curtail smog, and clean up toxic sites. This plan, tentatively named Green Plan II, will include a Clean Air Act with long-term targets and new funds for national parks. The plan will also contain a clean water framework, a clean technology strategy, regulation of toxic chemicals, a new health index for air quality, and new measures to clean up contaminated sites. Since coming to power, the Conservatives have been criticized for waffling on the Kyoto Protocol. However, the key issue of what the Green Plan will do about the Kyoto Protocol is still undecided. Funding figures have also not yet been determined. See http://www.ieta.org/ieta/www/pages/index.php?IdSitePage=1144

EUROPEAN COMISSION PROPOSES NEW LEGISLATION TO COMBAT SURFACE WATER POLLUTION:

The European Commission has proposed a new directive that will set limits, which must be met by 2015, on concentrations in surface waters of 41 types of pesticides, heavy metals, and other dangerous chemicals that pose a risk to animals, plants, and human health. The proposed directive is the final major piece of legislation needed to support the Water Framework Directive, the foundation of EU water protection policy. To become law, the proposal requires approval by the Council and European Parliament under the co-decision procedure. See http://europa.eu/rapid/pressReleasesAction.do?reference=IP/06/1007&format=HTML&aged=0&language=EN&guiLanguage=en

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

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