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Weekly Update Volume 36, Issue 25

09/05/2006

LITIGATION

CERCLA, CONTRIBUTION, PRPs:

The Third Circuit held that the owners and operators of industrial facilities contaminated with hazardous waste may not seek contribution from another PRP, in this case, the U.S. government. The court ruled that the U.S. Supreme Court's decision in Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157, 34 ELR 20154 (2004), does not alter Third Circuit precedent holding that contribution actions are limited to CERCLA §113. Thus, because the owners and operators are partly responsible for the contamination and because their cleanups were voluntary, they may not seek contribution from other PRPs, including the U.S. government. This creates a split with the Eighth Circuit, which recently held in Atlantic Research Corp. v. United States, No. 05-3152, 36 ELR 20164 (8th Cir. Aug. 11, 2006), that a PRP may seek contribution from another PRP directly through CERCLA §107. E.I. Dupont de Nemours & Co. v. United States, No. 04-2096, 36 ELR 20180 (3d Cir. Aug. 29, 2006) (93 pp.).

OZONE LAYER, CRITICAL USE EXEMPTIONS:

The D.C. Circuit denied a petition to review an EPA rule implementing a critical use exemption for methyl bromide, an ozone-depleting substance. An environmental group argued that the rule violated post-treaty decisions made by party nations to the Montreal Protocol on Substances that Deplete the Ozone Layer. That decision concerned the United States' ability to produce a level of methyl bromide necessary to satisfy critical uses. But side agreements reached after a treaty has been ratified are not binding law. They are enforceable not through the federal courts, but through international negotiation. Thus, because EPA's rule does not violate the CAA, the group's petition for review was denied. Natural Resources Defense Council v. Environmental Protection Agency, No. 04-1438, 36 ELR 20181 (D.C. Cir. Aug. 29, 2006) (23 pp.).

NEPA, FLOOD CONTROL:

The Fifth Circuit upheld a lower court decision that the U.S. Army Corps of Engineers' EA for a section of the Atchafalaya Basin, a flood control area in Louisiana, complied with NEPA. A nonprofit organization of commercial crawfishermen suggested that the Corps both open up the historical bayous and enforce the permit requirements for pipelines as an alternative plan for the control area. Because the Corps did not address this alternative in its EA, the organization filed suit and sought an injunction of the project. But case law and the regulations at issue do not require that all proposed alternatives, no matter their merit, be discussed in an EA. In addition, the EA adequately considered the cumulative impact of the project on the surrounding areas, and the group failed to demonstrate that the Corps' FONSI was in error. The lower court's grant of summary judgment in favor of the Corps was therefore upheld. Louisiana Crawfish Producers Ass'n-West v. Rowan, No. 05-30956, 36 ELR 20182 (5th Cir. Aug. 29, 2006) (11 pp.).

FLPMA, ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT (ANILCA):

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of the U.S. Forest Service in a case involving property owners' right of access over a road in the Sitgreaves National Forest. In lieu of a special use permit, the Forest Service offered the property owners a 30-year private road easement under FLPMA. The property owners rejected the offer and instead filed suit under the Quiet Title Act and the APA, arguing that they have an easement over the road at issue. But the owners did not have an easement by necessity because FLPMA and ANILCA granted them access to their property, obviating the necessity requirement for such an easement. Moreover, an implied easement did not exist because the owners' right of access was clearly expressed in those statutes. And even if an express easement had been granted based on language contained in a 1920 patent, it would still be subject to Forest Service regulation. The owners also argued that the FLPMA easement was arbitrary and capricious. FLPMA, however, vests the Secretary of the Agriculture with the authority to regulate access over a national forest, and the FLPMA easement was a reasonable exercise of that authority. Fitzgerald Living Trust v. United States, No. 04-16149, 36 ELR 20183 (9th Cir. Aug. 30, 2006) (16 pp.).

NEPA, ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT (ANILCA):

The Ninth Circuit upheld the dismissal of property owners' claims against the National Park Service (NPS) concerning the use of an abandoned road crossing federally protected land to access their property within the Wrangell-St. Elias National Park and Preserve in Alaska. The property owners sought an injunction requiring the NPS to provide what they deemed adequate and feasible access to their property, a declaratory judgment that the NPS was violating their right-of-way over the road by requiring a permit, and a declaratory judgment that issuing a permit for temporary use of the road did not constitute a major federal action subject to the requirements of NEPA. Contrary to the lower court's finding, the court has jurisdiction over the matter because the property owners challenge an administrative decision that satisfies the "conclusiveness," "separability," and "unreviewability" prongs of the collateral order doctrine. Nevertheless, the lower court properly dismissed their claims. Even if the property owners had a valid right-of-way over the abandoned road, their use of the road was subject to reasonable regulation by the NPS. Consequently, the property owners were required to apply for a permit regardless of any right-of-way they might possess. In addition, the incorporation of NEPA into the permit-granting procedure is consistent with ANILCA. Hale v. Norton, No. 03-36032, 36 ELR 20037 (9th Cir. Aug. 25, 2006) (12 pp.).

FIFRA, PREEMPTION:

The Third Circuit partially vacated and remanded an order of summary judgment dismissing blueberry farmers’ claims against a pesticide company for damage to their crops. The farmers argued that the damage resulted from mixing a new chemical insecticide containing a non-disclosed surfactant with previously used fungicides. FIFRA does not preempt the farmers’ liability, negligent testing, and breach of express warranty claims because they did not impose labeling requirements in addition to or different from those required under the Act. Moreover, to the extent that the farmers’ claims for negligent misrepresentation, fraud, and breach of the New Jersey Consumer Fraud Act are based on oral misrepresentations, the claims are not preempted. But to the extent that these claims rely on written misrepresentations that qualify as “labels” or “labeling” as defined by FIFRA, they are preempted. Because this issue was not fully briefed and argued on appeal, it was remanded to the district court. The district court must also determine on remand whether the farmers’ failure-to-warn claims create requirements in addition to or different from those under FIFRA. But the court upheld the dismissal of claims filed by seven farmers who signed releases with the pesticide company. Mortellite v. Novartis Crop Protection, Inc., No. 03-3847, 36 ELR 20172 (3d Cir. Aug. 21, 2006) (17 pp.).

CAA, PSD, PERMITS:

The EPA Environmental Appeals Board denied petitions for review of a PSD permit issued by the Illinois Environmental Protection Agency authorizing the construction of a 1500-megawatt pulverized coal powered electricity generating plant. The petitioners raised concerns with the state agency's determinations of best available control technology emissions limits for sulfur dioxide, nitrogen oxide, and particulate matter. But the petitioners failed to demonstrate that the agency's determinations were clearly erroneous. In re Prairie State Generating Co., PSD Appeal No. 05-05, 36 ELR 41304 (EPA EAB Aug. 24, 2006) (168 pp.).

TSCA, LEAD-BASED PAINT:

The EPA Environmental Appeals Board (EAB) upheld an $84,224.80 penalty assessment imposed against the owners of rental property in Richmond, Virginia, for violating TSCA and the Residential Lead-Based Paint Hazard Reduction Act. The administrative law judge properly imposed the penalty on a lease-by-lease rather than property-by-property basis, and the EAB upheld the ALJ's 30% downward penalty adjustment to reflect the owners' remediation work at three of the subject properties. In addition, the ALJ did not err in refusing to grant further downward adjustments under the penalty policy's category of "attitude" since the lead remediation work was not conducted voluntarily. Similarly, the EAB upheld that ALJ's decision not to grant the owners a penalty reduction based on their alleged lack of culpability. The owners' failure to make proper disclosures of known lead-based contamination after they received actual notice of contamination of the properties prior to leasing them evinces a disregard of their obligation to comply with disclosure rules. In re Hunt, TSCA Appeal No. 05-01, 36 ELR 41303 (EPA EAB Aug. 17, 2006) (50 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 proposed to approve New Jersey's request to delegate authority to the state's Department of Environmental Protection to implement and enforce three federal plans that impose emission limits and control requirements for existing affected facilities in areas not covered by an SIP. 71 FR 51790 (8/31/06).
  • EPA made technical amendments to the heavy-duty diesel engine regulations that were promulgated on January 18, 2001. 71 FR 51481 (8/30/06).
  • EPA proposed to amend the regulations for heavy-duty diesel engines; see above for direct final rule. 71 FR 51542 (8/30/06).
  • SIP Approvals: California (nitrogen oxides and sulfur oxides emissions) 71 FR 51120 (8/29/06). Connecticut (volatile organic compound (VOC) emissions) 71 FR 51761 (8/31/06). Indiana (eight-hour ozone NAAQS) 71 FR 51489 (8/30/06). Iowa (exemptions for indoor sources of air pollution) 71 FR 51117 (8/29/06). Nevada (revised statutes) 71 FR 51766 (8/31/06).
  • SIP Proposals: Connecticut (VOC emissions; see above for direct final rule) 71 FR 51792 (8/31/06). Indiana (eight-hour ozone NAAQS; see above for direct final rule) 71 FR 51546 (8/30/06). Iowa (exemptions for indoor sources of air pollution; see above for final rule) 71 FR 51181 (8/29/06). Nevada (rescission and replacement of outdated regulations) 71 FR 50875 (8/28/06); (revised statutes; see above for final rule) 71 FR 51793 (8/31/06).

HAZARDOUS WASTE:

  • EPA entered into a proposed administrative agreement under CERCLA concerning the Feldman Barrel and Drum Superfund site in Buffalo, New York, that requires the settling parties to pay $346,188 in past response costs to the Superfund. 71 FR 51615 (8/30/06).
  • EPA entered into a proposed de minimis administrative agreement under CERCLA concerning the Feldman Barrel and Drum Superfund site in Buffalo, New York, that requires the settling parties to pay $41,984 into a special account for cleanup costs incurred at the site. 71 FR 51615 (8/30/06).
  • EPA entered into a proposed administrative agreement under CERCLA concerning the Peter Cooper Landfill Superfund sites in Cattaraugus County, New York, that requires the settling party to pay $400,000 in response costs incurred at the sites. 71 FR 50917 (8/28/06).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the Rawleigh Building Superfund site in Freeport, Illinois, that requires the settling parties to pay $35,000 to the Hazardous Substance Superfund. 71 FR 50918 (8/28/06).

MINING:

  • OSM approved an amendment to the West Virginia regulatory program under SMCRA that adds bio-oil cropland as a postmining land use for mountaintop removal mining operations. 71 FR 50843 (8/28/06).
  • OSM approved an amendment to the Wyoming regulatory program under SMCRA that revises and adds rules about bonding, revegetation, and highwall retention. 71 FR 50849 (8/28/06).
  • OSM proposed to approve an amendment to the Pennsylvania regulatory program under SMCRA concerning the reclamation of bond forfeiture sites. 71 FR 50868 (8/28/06).

PESTICIDES:

  • EPA announced the availability of a proposed stipulated injunction that, if approved by the court, would resolve claims filed against EPA by the Center for Biological Diversity; it establishes a series of deadlines for the Agency to make "effects determinations'' and to initiate consultation with the FWS for certain pesticides in regard to the California red-legged frog, a threatened species. 71 FR 52073 (9/1/06).

PUBLIC LAND:

  • FWS adjusted the in-season subsistence management regulations for public lands in Alaska by removing closure restrictions on non-federally qualified users in the Cane Creek and Red Sheep drainages in the Arctic Village Sheep Management Area. 71 FR 51758 (8/31/06).

WATER:

  • EPA announced its intent to provide Internet publication of proposed penalties under the CWA and the SDWA. 71 FR 51193 (8/29/06).

WILDLIFE:

  • FWS announced the availability of a final comprehensive conservation plan and EIS for Crab Orchard National Wildlife Refuge in Jackson, Union, and Williamson counties, Illinois. 71 FR 52138 (9/1/06).
  • FWS announced the availability of a final comprehensive conservation plan and FONSI for the St. Catherine Creek National Wildlife Refuge in Adams and Wilkinson counties, Mississippi. 71 FR 52139 (9/1/06).
  • FWS announced a 90-day finding on a petition to reclassify the Sonoran Desert population of the bald eagle in central Arizona and northwestern Mexico as a distinct population segment (DPS), list that DPS as endangered, and designate critical habitat for that DPS; the agency determined that the petitioned action is not warranted at this time. 71 FR 51549 (8/30/06).
  • FWS announced the availability of a final comprehensive conservation plan and FONSI for the Choctaw National Wildlife Refuge in Choctaw County, Alabama. 71 FR 51632 (8/30/06).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Howard McKenzie & EBT Property Holding Co., Inc., No. 2:06-CV-02353 (D.S.C. Aug. 23, 2006). Settling CWA defendants that discharged pollutants into waters of the United States without a permit must pay a civil penalty and must restore the impacted wetlands. 71 FR 51850 (8/31/06).
  • United States v. Mallinckrodt, No. 4:02CV1488 (E.D. Mo. Aug. 23, 2006). A settling CERCLA defendant must pay $228,630.00 in response costs incurred at the Great Lakes Container Corporation Superfund site in St. Louis, Missouri. 71 FR 51851 (8/31/06).
  • United States v. Sherwin-Williams Co., No. 00-2064 (C.D. Ill. Aug. 15. 2006). Settling CERCLA defendants must pay $200,000 in past response costs to resolve claims of the release and threatened release of hazardous substances at the Cross Brothers Pail Recycling Superfund site in Pembroke Township, Illinois. 71 FR 51851 (8/31/06).

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

THE CONGRESS

Congress has been on recess since the last issue of Weekly Update but will reconvene on September 5, 2006.

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:

Arizona Idaho New Hampshire Pennsylvania Washington Colorado Maine New Mexico South Carolina West Virginia Delaware Maryland North Dakota Tennessee Wisconsin Florida Montana Ohio Texas  

ARIZONA

Hazardous and Solid Waste:

  • The Department of Environmental Quality (DEQ) revised the state's hazardous waste rules to incorporate changes in federal regulations implementing Subtitle C of RCRA as amended by the Hazardous and Solid Waste Amendments of 1984. The rule will become effective October 1, 2006. See http://www.azdeq.gov/function/laws/draft.html.

COLORADO

Air:

  • The Air Quality Control Commission will hold a public rulemaking hearing to consider a proposal to revise Regulation Number 12 to incorporate changes made by the General Assembly in 2006 in Senate Bill 58 that revise the testing period for 2004 and newer light-duty diesel vehicles and revise the model year exemption period. The hearing will be held November 16 and 17, 2006. This is a written comment only rulemaking hearing. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/Reg12novnoticelanguage.pdf
  • The Air Quality Control Commission will hold a public rulemaking hearing to consider a proposal to revise Regulation Number 7 to address the increased emissions of volatile organic compounds and oxides of nitrogen from oil and gas exploration and production activities in the nine county deferred ozone nonattainment area. Another proposed revision would require emission controls for oil and gas operations on a statewide basis. The hearing will be held November 16 and 17, 2006. A prehearing conference will be held October 18, 2006. Comments are due November 2, 2006. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/reg7novpubnoticelang.pdf

DELAWARE

Toxic Substances:

FLORIDA

Air:

  • The Department of Environmental Protection will hold a public hearing on the development of proposed amendments to rule Chapter 62-204, F.A.C., to update the Department’s adoption by reference of U.S. EPA's regional haze regulations at 40 CFR Part 51. The hearing will be held September 13, 2006. See http://faw.dos.state.fl.us/fawframes.html (32 Fla. Admin. Weekly 3897)
  • The Department of Environmental Protection will hold a public hearing on the development of proposed amendments to rule Chapter 62-296, F.A.C., to implement the Best Available Retrofit Technology portion of U.S. EPA’s regional haze rules. The hearing will be held September 13, 2006. See http://faw.dos.state.fl.us/fawframes.html (32 Fla. Admin. Weekly 3897)

Water:

  • The Southwest Florida Water Management District will hold a public hearing on Water Use Permit Rules 40D-2.011, Policy and Purpose; 40D-2.021, Definitions; 40D-2.041, Permits Required; 40D-2.091, Publications Incorporated by Reference; 40D-2.101, Content of Application; 40D-2.301, Conditions for Issuance of Permits; 40D-2.302, Reservations From Use; 40D-2.321, Duration of Permits; 40D-2.331, Modification of Permits; 40D-2.621, Water-Conserving Credits; and 40D-2.801, Water Use-Caution Areas. The hearing will be held September 26, 2006. See http://faw.dos.state.fl.us/fawframes.html (32 Fla. Admin. Weekly 3948)
  • The Southwest Florida Water Management District will hold a public hearing on Water Levels and Rates of Flow Rules 40D-8.041, Minimum Flows; 40D-8.624, Guidance and Minimum Levels for Lakes; and 40D-8.626, Minimum Aquifer Levels. The hearing will be held September 26, 2006. See http://faw.dos.state.fl.us/fawframes.html (32 Fla. Admin. Weekly 3948)
  • The Southwest Florida Water Management District will hold a public hearing on Rule 40D-80.074, Recovery and Prevention Strategies for Minimum Flows and Levels. The hearing will be held September 26, 2006. See http://faw.dos.state.fl.us/fawframes.html (32 Fla. Admin. Weekly 3949)

IDAHO

Air:

  • The Department of Environmental Quality will hold a public hearing on Proposed Rule 58-0101-0303, Title V Air Quality Operating Permit Registration Fees. The hearing will be held October 10, 2006. The comment period is September 6, 2006, through October 10, 2006. See http://www.deq.idaho.gov/rules/air/58_0101_0303_proposed.cfm
  • The Department of Environmental Quality will hold a public hearing on Proposed Air Quality Rule 58-0101-0602. This rulemaking is necessary to ensure that the rules for the control of air pollution in Idaho remain consistent with federal regulations. The hearing will be held October 10, 2006. The comment period is September 6, 2006, through October 10, 2006. See http://www.deq.idaho.gov/rules/air/58_0101_0602_proposed.cfm

Water:

  • The Department of Environmental Quality is soliciting public comment on Proposed Rule 58-0102-0601, which would modify the current rules dealing with application of standards based on flow conditions (low flow or high flow). The comment period is September 6, 2006, through October 6, 2006. See http://www.deq.idaho.gov/rules/water/58_0102_0601_proposed.cfm

MAINE

Wildlife:

  • The Department of Inland Fisheries and Wildlife has adopted rules 2006-392 establishing season dates, daily limits, and possession limits on sea ducks, ducks, geese, and other migratory game birds for the 2006 Migratory Bird Hunting Season. This rule became effective on August 27, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/083006.htm

MARYLAND

Air:

Wildlife:

  • The Secretary of Natural Resources has adopted amendments to Regulations .01 and .02, the repeal of existing Regulations .03 through .06, and new Regulations .03 through .06 under COMAR 08.02.18, Fishing Guide Provisions. These amendments became effective August 28, 2006. See http://www.dsd.state.md.us/mdregister/3317/main_register.htm
  • The Secretary of Natural Resources adopted amendments to Regulation .01 under COMAR 08.03.03, Open Seasons, Bag Limits for Game Birds and Game Animals. These amendments will become effective October 1, 2006. See http://www.dsd.state.md.us/mdregister/3317/main_register.htm
  • The Secretary of Natural Resources proposes to adopt new Regulation .15 and amend Regulations .12 and .13 under COMAR 08.02.04, Oysters. The purpose of this action is to place all named oyster sanctuaries in a consolidated location in the regulations. Comments are due September 18, 2006. See http://www.dsd.state.md.us/mdregister/3317/main_register.htm

MONTANA

Water:

NEW HAMPSHIRE

Water:

  • The Department of Environmental Services will hold a public hearing on proposed amendments to Rule Env-Ws 421, which would establish best management practices for preventing the release of regulated substances that could contaminate drinking water. The rules are being revised for clarity, including adding definitions and explicitly stating that waivers can be time limited, and are being readopted as Env-Wq 401 as part of the Department’s larger redesignation efforts. The hearing will be held September 12, 2006. Comments are due September 22, 2006. See http://www.des.state.nh.us/RuleMaking/proposed2006/Env-Wq401RMN.pdf

NEW MEXICO

Wildlife:

  • The Curry and Roosevelt Cotton Boll Weevil Control District will hold a public hearing under the Cotton Boll Weevil Control Act, 76-6A-1 to 76-6A-16, NMSA 1978, to reduce the assessment currently collected from cotton producers to support cotton boll weevil control within the Curry and Roosevelt district. The hearing will be held September 6, 2006. Comments are due September 6, 2006. See http://www.nmcpr.state.nm.us/nmregister/xvii/xvii15/Agrinotice.htm
  • The Energy, Minerals and Natural Resource Department will conduct a hearing on proposed amendments to the list of state endangered plant species contained in 19.21.2 NMAC under authority of the New Mexico Endangered Plant Species Act. This rule amendment would add Wright’s marsh thistle and Chihuahua scurfpea to the list of endangered plants and delete Lloyd’s hedgehog cactus and Scheer’s hook-spine cactus from the list. The hearing will be held September 1, 2006. See http://www.nmcpr.state.nm.us/nmregister/xvii/xvii15/energynotice.htm

NORTH DAKOTA

Water:

OHIO

Air:

PENNSYLVANIA

Water:

  • The Delaware River Basin Commission will hold a public hearing to receive comments on a proposed amendment to the Commission's Water Quality Regulations, Water Code, and Comprehensive Plan. The amendment would extend through September 30, 2007, the temporary classification of the Lower Delaware River as Significant Resource Waters. The hearing will be held September 27, 2006. Comments are due September 27, 2006. See http://www.pabulletin.com/secure/data/vol36/36-34/1682.html.

SOUTH CAROLINA

Air:

Hazardous and Solid Waste:

  • The Department of Health and Environmental Control intends to amend R.61-63 to maintain conformity with federal requirements for Financial Assurance for Material Licensees as found in 10 CFR 30, 40, and 70 and the Transportation Safety Standards as found in 10 CFR 71, and to ensure compliance with federal standards as required by Section 274 of the Atomic Energy Act of 1954. A public hearing will be held September 14, 2006. See http://www.scdhec.gov/administration/regs/docs/regupdate.doc#air (p. 6)

Water:

  • The Department of Health and Environmental Control proposes to revise the State Primary Drinking Water Regulation, R.61-58, to include requirements promulgated under the National Primary Drinking Water Regulations: Stage 2 Disinfectants and Disinfection Byproducts Rule. The proposed regulation revision will amend the State Primary Drinking Water Regulations to comply with requirements of 40 CFR Parts 141 and 142. The proposed regulations will comply with federal law and are exempt from legislative review. See http://www.scdhec.gov/administration/regs/docs/regupdate.doc#air (p. 8)

TENNESSEE

Hazardous and Solid Waste:

  • The Division of Remediation on behalf of the Solid Waste Disposal Control Board will hold a public hearing to receive public comments regarding the promulgation of amendment of rules pursuant to T.C.A. §§68-212-203 and 68-212-215, Chapter 1200-1-13, Hazardous Substance Site Remedial Action. The hearing will be held September 18, 2006. See http://state.tn.us/sos/pub/tar/2006-08.pdf (p. 48)

TEXAS

Air:

  • The Texas Commission on Environmental Quality will hold a public hearing on proposed new 30 TAC §§116.1500,116.1510,116.1520,116.1530, and 116.1540 regarding best available retrofit technology. The proposed new sections will be submitted to U.S. EPA as revisions to the SIP. The hearing will be held September 18, 2006. Comments are due September 25, 2006. See http://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#230

Hazardous and Solid Waste:

  • The Texas Commission on Environmental Quality has adopted amendments to Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, §§335.1, 335.10 - 335.12, 335.15, 335.41, 335.67 - 335.69, 335.76, 335.112, and 335.152. The purpose of the adopted rules is to implement U.S. EPA's new Uniform Hazardous Waste Manifest form, continuation sheet, and instructions for completing the form. The amendments will become effective September 5, 2006. See http://www.sos.state.tx.us/texreg/sos/adopted/30.ENVIRONMENTAL%20QUALITY.html#519

Land Use

  • The General Land Office has adopted amendments to 31 TAC §15.5, Beachfront Construction Standards; §15.12, Temporary Orders Issued by the Commissioner; and new §15.11, Repairs to Certain Houses Located Seaward of the Boundary of the Public Beach. These amendments and addition will become effective August 30, 2006. See http://www.sos.state.tx.us/texreg/sos/adopted/30.ENVIRONMENTAL%20QUALITY.html#519

Water:

WASHINGTON

Water:

  • The Department of Ecology will hold a series of public hearings on proposed amendments to Chapter 173-160 WAC, Minimum Standards for Construction and Maintenance of Water Wells, and Chapter 137-162, Rules and Regulations Governing the Regulations and Licensing of Well Contractors and Operators. The hearings will be held September 26, 27, and 28, 2006. See http://www.ecy.wa.gov/laws-rules/wac173160_162/p0608.pdf

WEST VIRGINIA

Wildlife:

  • The Department of Natural Resources has amended Hunting and Trapping Rules, series number 45; the Migratory Birds Hunting Rule, series number 55; the Waterfowl Hunting Rule, series number 57; and the Special Waterfowl Hunting Areas, series number 59. These amendments became effective September 1, 2006. See http://www.wvsos.com/adlaw/register/current/082506.pdf (p. 1659-60).

WISCONSIN

Hazardous and Solid Waste:

  • The Department of Natural Resources will hold a public hearing on revisions to chs. NR 660, 661, 662, 663, 664, and 665, Wis. Adm. Code, relating to manifest documents used in conjunction with the transportation of hazardous waste. The hearing will be held September 26, 2006. Comments are due October 2, 2006. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

 

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

INTERNATIONAL

ARGENTINA LAUNCHES CLEANUP PLAN FOR MATANZA RIACHUALO RIVER BASIN:

The government of Argentina has announced a comprehensive cleanup strategy for the Matanza-Riachuelo river basin--“a waterway whose name is currently synonymous with pollution.” The government has sent a bill to Congress that declares the river’s “noxious” waters an “environmental emergency” and proposes the formation of a River Basin Authority with policing authority to fine polluters. The initiative also contains provisions to step up controls on factories, grant credits for industrial conversion, encourage investment for sewage and drinking water systems, install treatment plants, and address issues in the most vulnerable riverbank communities, including possible relocation. See http://www.ipsnews.net/news.asp?idnews=34500

PUNJAB CREATES ENVIRONMENTAL PROTECTION SQUAD:

The Punjab Government has formed an “Environment Protection Squad” in the State to monitor and enforce the implementation of pollution control laws. Avtar Henry, Industries, Commerce & Environment Minister, said that the Pollution Board had received many complaints stating that some of the industries in the State were not complying with the provisions of the Pollution Control laws and rules. See http://www.punjabnewsline.com/content/view/1405/38/

BRAZIL PROPOSES FUND TO COMBAT CLIMATE CHANGE:

Brazil has proposed to compensate developing countries that slow the destruction of their rainforests to help lower emissions of gases blamed for rising world temperatures. The proposal was presented at a planning meeting for upcoming global climate talks in Rome and calls for creating a fund that countries could tap into if they could prove they had brought deforestation below rates of the 1990s. Brazil is also working with Papua New Guinea and Costa Rica, which backed an earlier proposal to grant tradable credits to countries that reduce deforestation rates. See http://www.enn.com/today.html?id=11176.

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

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