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Weekly Update Volume 36, Issue 28

10/09/2006

LITIGATION

CWA, WETLANDS, JURISDICTION:

The Seventh Circuit, in light of the Supreme Court's decision in Rapanos v. United States, 126 S. Ct. 2208, 36 ELR 20116 (2006), remanded a lower court's summary judgment in favor of the U.S. government in a case involving the discharge of dredge or fill material. In Rapanos, the Court failed to reach a majority opinion as to the federal government's jurisdictional reach over wetlands. When a majority of the Supreme Court agrees only on the outcome of a case and not on the ground for that outcome, lower courts are to follow the narrowest ground to which a majority of the Justices would have assented if forced to choose. In Rapanos, that would be Justice Kennedy's ground. But because Justice Kennedy's proposed standard requires factfinding not yet undertaken by the district court, the case was remanded. United States v. Gerke Excavating, Inc., No. 04-3941, 36 ELR 20200 (7th Cir. Sept. 22, 2006) (5 pp.).

NEPA, DREDGE AND FILL, PRELIMINARY INJUNCTION:

A district court preliminarily enjoined a port from dredging two areas of the San Joaquin River's Deep Water Ship Channel in Stockton, California. Environmental groups argued that the U.S. Army Corps of Engineer's dredge and fill permit authorizing the two dredging activities violated NEPA because it failed to prepare an EIS. The Corps argued that an EIS was unnecessary because the activities are wholly independent of a larger dredging project in the area and that the two dredging activities, standing alone, do not have any significant environmental effects. Yet the Corps' finding of "independent utility" runs counter to its own regulations, and even if the dredging activities were properly segmented from the larger project, the EA failed to adequately consider their cumulative impacts. Because the groups also demonstrated the possibility of irreparable harm, the court issued a preliminary injunction enjoining the dredging activities pending final resolution of the case. Baykeeper v. U.S. Army Corps of Engineers, No. S-06-1908 FCD/GGH, 36 ELR 20202 (E.D. Cal. Sept. 20, 2006) (Damrell, J.) (36 pp.).

CONDEMNATION, JOINDER:

The Second Circuit upheld an interlocutory order joining a city as a third-party defendant in an environmental group's 14-year old CWA action against a county, but certified to the New York Court of Appeals questions concerning the county's condemnation power. Parties to the underlying CWA action entered into a consent agreement requiring the county to clean up a lake and improve its sewer system. The county opted to construct a sewage treatment facility on city-owned land, but the city rejected the purchase offer. The county then sought to join the city as parties to the litigation, arguing that joinder was necessary to implement the terms of the consent agreement. Joinder was proper because the city had been involved in the litigation and had participated in several discussions regarding the remedial measures to be implemented under the consent agreement. But because unsettled and significant issues of state law concerning the county's condemnation powers are central to the case, the court certified to the state's highest court questions concerning which county entities had the authority to condemn city-owned land and whether the prior public use doctrine applied. Syracuse v. Onondaga County, No. 04-0718, 36 ELR 20199 (2d Cir. Sept. 21, 2006) (43 pp.).

NATIONAL PETROLEUM RESERVE, INJUNCTION:

A district court enjoined BLM from leasing approximately 1.7 million acres within the National Petroleum Reserve in Alaska for oil exploration. The lease concerns vast areas of sensitive wetlands surrounding Lake Teshekpuk that are protected under the National Petroleum Reserve Production Act (NPRPA). BLM did not arbitrarily or capriciously fail to analyze and explain its decision to decrease the protection to wildlife and subsistence resources in the protected area in violation of the NPRPA. Nor did BLM abuse its discretion in failing to prepare a supplemental EIS prior to adopting one of its alternatives in the final EIS. Similarly, BLM did not act arbitrarily or capriciously in analyzing the combined effects of the proposed oil development activities and climate change. Nevertheless, BLM violated NEPA by failing to fully consider the cumulative environmental effects of the lease sales in the eastern and western sections of the reserve. Likewise, BLM did not provide the best information available in its biological assessment of endangered species. The court, therefore, enjoined BLM from going forward with the lease. National Audubon Society v. Kempthorne, No. 1:05-cv-00008-JKS, 36 ELR 20203 (D. Alaska Sept. 25, 2006) (Singleton, J.) (30 pp.).

NEPA, MILITARY TRAINING:

The Ninth Circuit held that the U.S. Army violated NEPA in connection with its proposal to transform the 2nd Brigade into a quick-response unit in Hawaii. The local groups challenging the proposal did not waive their right to challenge the sufficiency of the Army's consideration of reasonable alternatives. The Army had independent knowledge of the very issue that concerned the groups in this case, such that "there is no need for a commentator to point them out specifically in order to preserve its ability to challenge a proposed action." Moreover, the Army's consideration of alternatives was in fact deficient. The Army never explained its decision to not consider alternatives involving transforming the 2nd Brigade outside of Hawaii. On remand, the Army must produce a supplemental analysis of alternative locations in a supplemental site-specific EIS. Ilio‘ulaokalani Coalition v. Rumsfeld, No. 05-15915, 36 ELR 20204 (9th Cir. Oct. 5, 2006) (81 pp.).

CAA, PSD:

The EPA Environmental Appeals Board remanded a PSD permit that the Illinois Environmental Protection Agency issued to a company for the construction of a coal-fired steam electric generating station near a national prairie preserve. The state agency erred in including a permit condition that allows the company to construct a power plant with less capacity than that addressed by the permit application without reopening or extending the comment period. The agency also failed to conduct a proper assessment of impairment to soils and vegetation that would occur as a result of the proposed facility. In addition, the permit provision exempting all shutdown, startup, and malfunction events from short-term emission limits is unlawful, and the company's proposed particulate matter emissions limit does not reflect best available control technology. All other aspects of the permit, however, were upheld. In re Indeck-Elwood, LLC, PSD Appeal No. 03-04, 36 ELR 41305 (EPA EAB Sept. 27, 2006) (123 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), ATTORNEYS FEES:

A California appellate court upheld a lower court decision ordering the state wildlife conservation board to set aside its approval of a project involving the conversion of agricultural land into wildlife habitat as categorically exempt from CEQA. Despite the intended beneficial environmental purpose of the project, it is not categorically exempt from CEQA. Nor does it fall within the common sense exemption to CEQA. In addition, because the plaintiffs are successful parties who vindicated an important right, they are entitled to attorneys fees. California Farm Bureau Federation v. California Wildlife Conservation Board, No. C049919, 36 ELR 20201 (Cal. App. 3d Dist. Sept. 21, 2006) (46 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, pursuant to CAA §183(e), issued final control technique guidelines in lieu of national regulations for the control of volatile organic compound emissions from certain Group II product categories. 71 FR 58745 (10/5/06).
  • EPA promulgated amendments to NESHAPs for miscellaneous coating manufacturing. 71 FR 58499 (10/4/06).
  • EPA proposed NESHAPs for four area source categories: polyvinyl chloride and copolymers production; primary copper smelting; secondary copper smelting; and primary nonferrous metals. 71 FR 59301 (10/6/06).
  • EPA announced that it allocated essential use allowances for the import and production of class I stratospheric ozone depleting substances for calendar year 2006. 71 FR 58504 (10/4/06).
  • EPA expanded the list of acceptable substitutes for ozone-depleting substances (ODSs) under the significant new alternatives policy (SNAP) program. 71 FR 56884 (9/28/06).
  • EPA listed four substitutes for ODSs in the fire suppression and explosion protection sector as acceptable under the SNAP program. 71 FR 56359 (9/27/06).
  • EPA proposed to list four substitutes for ODSs in the fire suppression and explosion protection sector as acceptable under the SNAP program; see above for direct final rule. 71 FR 56422 (9/27/06).
  • EPA announced the availability of the document Air Quality Criteria for Lead. 71 FR 57508 (9/29/06).
  • EPA approved a request from the Indiana Department of Environmental Management (IDEM) for delegation of authority to implement and enforce NESHAPs for boat manufacturing. 71 FR 56971 (9/28/06).
  • EPA approved a request from the IDEM for delegation of authority to implement and enforce NESHAPs for reinforced plastic composites production. 71 FR 56973 (9/28/06).
  • SIP Approvals: Pennsylvania (nitrogen oxides (NOx) reductions) 71 FR 57428 (9/29/06). Texas (volatile organic compound (VOC) emissions control) 71 FR 56872 (9/28/06). West Virginia (NOx emission reductions) 71 FR 56881 (9/28/06).
  • SIP Proposals: Texas (VOC emissions control; see above for direct final rule) 71 FR 56920 (9/28/06). West Virginia (NOx emission reductions; see above for direct final rule) 71 FR 56921 (9/28/06); (eight-hour ozone NAAQS; West Virginia-Ohio interstate area) 71 FR 57905 (10/2/06); (eight-hour ozone NAAQS; West Virginia-Ohio interstate area) 71 FR 57894 (10/2/06).

HAZARDOUS & SOLID WASTE:

  • EPA entered into a proposed settlement under CERCLA concerning the Richardson Flat Tailings Superfund site located near Park City, Utah, that requires the settling defendants to pay $460,000 in response costs. 71 FR 57510 (9/29/06).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the Calumet Containers Superfund site in Hammond, Indiana, that requires the settling parties to pay a total of $1,664,967 to the Hazardous Substances Superfund. 71 FR 56975 (9/28/06).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the Denova Environmental Superfund site in Rialto, California, that requires the settling parties to pay approximately $220,000 for recovery of past response costs. 71 FR 56976 (9/28/06).
  • EPA entered into a proposed administrative cost recovery settlement under CERCLA concerning the South Bay Asbestos Area Superfund site in San Jose, California, that requires the settling party to pay approximately $245,000 plus interest for past response costs. 71 FR 56976 (9/28/06).
  • EPA entered into a proposed agreement under CERCLA concerning the Denova Superfund site located in Rialto, California, that requires the settling parties to pay $75,000 in response costs. 71 FR 56528 (9/27/06).
  • EPA approved amendments to New Hampshire's UST program. 71 FR 58521 (10/4/06).
  • EPA proposed to approve amendments to New Hampshire's UST program; see above for immediate final rule. 71 FR 58571 (10/4/06).

PESTICIDES:

  • EPA announced the availability of its draft Guidance on Small-Scale Field Testing and Low-level Intermittent Presence in Food of Plant-Incorporated Protectants (PIPs). 71 FR 57509 (9/29/06).

PUBLIC LANDS:

  • FWS withdrew the direct final rule published on August 14, 2006 (71 FR 46400), which would have created an additional subsistence resource region for the Kenai Peninsula, due to adverse comments. 71 FR 56356 (9/27/06).

TOXIC SUBSTANCES:

  • EPA withdrew certain chemical substances from the category of voluntary High Production Volume Challenge Program orphan chemical substances that would be subject to reporting requirements under TSCA §§8(a) and 8(d). 71 FR 57439 (9/29/06).
  • EPA proposed to revoke significant new use rules promulgated under TSCA §5(a)(2) for four chemical substances. 71 FR 59066 (10/6/06).

WILDLIFE:

  • FWS designated critical habitat located in Alameda, Contra Costa, San Joaquin, and Santa Clara counties, California, for the Alameda whipsnake. 71 FR 58175 (10/2/06).
  • FWS proposed to designate critical habitat in Humacao, Las Piedras, Maunabo, Patillas, and Yabucoa, Puerto Rico, for the guaj[oacute]n, a threatened frog species endemic to Puerto Rico. 71 FR 58953 (10/5/06).
  • FWS proposed to designate critical habitat in Riverside County, California, for the Vail Lake ceanothus and in San Diego County, California, for the Mexican flannelbush. 71 FR 58340 (10/3/06).
  • FWS announced a 12-month finding on a petition to list the northern Mexican gartersnake as threatened or endangered under the ESA; the agency determined that listing is not warranted at this time. 71 FR 56227 (9/26/06).
  • FWS announced combined 12-month findings on a petition to delist the endangered Idaho springsnail and a petition to list the Columbia springsnail, Harney Lake springsnail, and the Jackson Lake springsnail; the agency proposed to delist the Idaho springsnail and determined that listing the Columbia, Harney, and Jackson Lake springsnails are not warranted at this time. 71 FR 56938 (9/28/06).
  • FWS announced a 90-day finding on a petition to remove the Plymouth redbelly turtle (now referred to as the Plymouth or northern red-bellied cooter) from the federal list of threatened and endangered wildlife; the agency determined that delisting may be warranted and will therefore initiate a status review of the species. 71 FR 58363 (10/3/06).
  • FWS announced a 90-day finding on a petition to list the Anacapa deer mouse as threatened or endangered under the ESA; the agency determined that listing is not warranted at this time. 71 FR 56932 (9/28/06).
  • FWS announce a 90-day finding on a petition to list Usnea longissima (a lichen) in California as threatened or endangered under the ESA; the agency determined that listing is not warranted at this time. 71 FR 56937 (9/28/06).
  • FWS announced the availability of the final recovery plan for the endangered Holmgren and Shivwits milk-vetches. 71 FR 57557 (9/29/06).
  • FWS announced the availability of the approved recovery plan for the endangered Hungerford's crawling water beetle. 71 FR 57003 (9/28/06).
  • FWS announced the availability of the revised recovery plan for 21 bird taxa of Hawaiian forest birds. 71 FR 57004 (9/28/06).
  • FWS announced the availability of the final recovery plan for the endangered plant sentry milk-vetch. 71 FR 56547 (9/27/06).
  • FWS announced the availability of the revised technical agency draft recovery plan for the Puerto Rican Parrot. 71 FR 58426 (10/3/06).
  • FWS announced the availability of a FONSI and final comprehensive conservation plan for the Cedar Island National Wildlife Refuge in North Carolina. 71 FR 56543 (9/27/06).
  • FWS announced the availability of a draft EA and draft economic analysis for the proposed designation of critical habitat for the Holmgren and Shivwits milk-vetches and proposed to revise the boundaries of two critical habitat subunits for the Holmgren milk-vetch in Utah. 71 FR 56085 (9/26/06).
  • FWS, pursuant to a settlement agreement, withdrew its September 14, 1998, "not prudent" finding of critical habitat designation for the threatened plant Trichostema austromontanum ssp. compactum and proposed a new "not prudent'' determination for the plant. 71 FR 56094 (9/26/06).
  • NMFS announced the availability of the proposed recovery plan for the Upper Columbia Spring Chinook Salmon, Steelhead, and Bull Trout. 71 FR 57472 (9/29/06).

MISCELLANEOUS:

  • NOAA announced the establishment of the Climate Change Science Program Product Development Committee for Synthesis and Assessment Product 3.3; the committee will function solely as an advisory body to the Secretary of Commerce and will consist of no more than 35 members. 71 FR 57472 (9/29/06).

DOJ NOTICES OF SETTLEMENT:

  • United States v. C&D Technologies, Inc., No. 1:03-cv-413 (S.D. Ind. Sept. 15, 2006). A settling CWA defendant must pay a civil penalty of $1,600,000 and perform injunctive relief for alleged violations incurred at the lead acid battery manufacturing facility in Attica, Indiana. 71 FR 56552 (9/27/06).
  • United States v. Ford Motor Co., No. 4:06-1311 (E.D. Mo. Sept. 1, 2006). A settling CAA defendant must pay a civil penalty and perform injunctive relief to resolve alleged violations relating to an industrial process refrigeration appliance, which leaked chlorofluorocarbons, at an assembly plant in Hazelwood, Missouri. 71 FR 56553 (9/27/06).
  • United States v. Mallinckrodt, No. 4:02CV1488 (E.D. Mo. Sept. 12, 2006). Settling CERCLA defendants must each pay $45,713.12 to the EPA Hazardous Substance Superfund for reimbursement of past response costs incurred at the Great Lakes Container Corporation Superfund site in St. Louis, Missouri. 71 FR 56553 (9/27/06).
  • United States v. Seaboard Foods LP, No. 06-cv-00989-R (W.D. Okla. Sept. 15, 2006). A settling CERCLA and CWA defendant that discharged pollutants and released ammonia emissions at one or more of its concentrated animal feeding operations must pay a civil penalty of $205,000, must implement stormwater discharge and erosion measures at 16 farms, must establish and maintain buffer strips surrounding sensitive wetland areas at 17 farms, and must apply for and comply with the terms of the Construction General Permit at any of its new or existing facilities where there is construction that disturbs greater than one acre. 71 FR 56553 (9/27/06).
  • United States v. PIC USA, Inc., No. 06-cv-00990-R (W.D. Okla. Sept. 15, 2006). Settling Solid Waste Disposal Act defendants that failed to comply with an EPA administrative order must pay a $240,000 civil penalty and must perform various groundwater remediation and source control measures at certain concentrated animal feeding operations in Oklahoma. 71 FR 56554 (9/27/06).
  • United States v. Thomasville Furniture Industries, Inc., No. 6:05CV00001 (W.D. Va. Sept. 18, 2006). A settling CERCLA defendant must pay $186,952 for drum removal reimbursement costs incurred at the Buckingham County Landfill Superfund site in Dillwyn, Virginia. 71 FR 56555 (9/27/06).
  • United States v. Nacelle Land & Management Corp., No. 1:04-cv-201 (N.D. Ohio Sept. 22, 2006). Settling CWA and Oil Pollution Act defendants who discharged oil and brine into navigable waters of the United States and discharged and/or showed substantial threat of discharge of oil at and from the Nacelle oil and brine separation facility in Lake County, Ohio, must pay a $100,000 civil penalty and must pay $200,000 in reimbursement of removal costs incurred at the facility. 71 FR 58631 (10/4/06).

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

THE CONGRESS

Chamber Action:

  • S. 56 (Rio Grande Natural Area Act), which would establish the Rio Grande Natural Area in the state of Colorado, was passed by the House, clearing the measure for the President. 152 Cong. Rec. H7657 (daily ed. Sept. 27, 2006).
  • S. 176 (hydroelectricity), which would extend the deadline for commencement of construction of a hydroelectric project in the state of Alaska, was passed by the House, clearing the measure for the President. 152 Cong. Rec. H7452 (daily ed. Sept. 26, 2006).
  • S. 203 (National Heritage Areas Act amendment), which would reduce temporarily the royalty required to be paid for sodium produced and establish certain National Heritage Areas, was agreed to by the Senate, clearing the measure for the President. 152 Cong. Rec. S10539 (daily ed. Sept. 29, 2006).
  • S. 213 (Rio Arriba County Land Conveyance Act), which would direct the Secretary of the Interior to convey certain federal land to Rio Arriba County, New Mexico, was passed by the House, clearing the measure for the President. 152 Cong. Rec. H7669 (daily ed. Sept. 27, 2006).
  • S. 244 (hydroelectricity), which would extend the deadline for commencement of construction of a hydroelectric project in the state of Wyoming, was passed by the House, clearing the measure for the President. 152 Cong. Rec. H7451 (daily ed. Sept. 26, 2006).
  • S. 476 (Boy Scouts of America Land Transfer Act), which would authorize the Boy Scouts of America to exchange certain land in the state of Utah acquired under the Recreation and Public Purposes Act, was passed by the Senate. 152 Cong. Rec. S10528 (daily ed. Sept. 29, 2006).
  • S. 1131 (Idaho Land Enhancement Act), which would authorize the exchange of certain federal land within the state of Idaho, was passed by the Senate. 152 Cong. Rec. S10528 (daily ed. Sept. 29, 2006).
  • S. 1288 (Natural Resources Protection Cooperative Agreement Act), which would authorize the Secretary of the Interior to enter into cooperative agreements to protect natural resources of units of the National Park System through collaborative efforts on land inside and outside of units of the National Park System, was passed by the Senate. 152 Cong. Rec. S10530 (daily ed. Sept. 29, 2006).
  • S. 1409 (SDWA), which would amend the SDWA Amendments of 1996 to modify the grant program to improve sanitation in rural and Native villages in the state of Alaska, was passed by the Senate. 152 Cong. Rec. S10795 (daily ed. Sept. 29, 2006).
  • S. 2430 (Great Lakes Fish and Wildlife Restoration Act), which would amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to provide for implementation of recommendations of the FWS contained in the Great Lakes Fishery Resources Restoration Study, was passed by the House, 152 Cong. Rec. H7659 (daily ed. Sept. 27, 2006), and agreed to by the Senate, 152 Cong. Rec. 10791 (daily ed. Sept. 29, 2006), clearing the measure for the President.
  • S. 2464 (Fort McDowell Indian Community Water Rights Settlement Revision Act of 2006), which 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, was passed by the House, clearing the measure for the President. 152 Cong. Rec. H7735 (daily ed. Sept. 28, 2006).
  • S. 3526 (Indian Land Consolidation Act), which would amend the Indian Land Consolidation Act to modify certain requirements under that Act, was passed by the Senate. 152 Cong. Rec. S10803 (daily ed. Sept. 29, 2006).
  • S. 4001 (New England Wilderness Act), which would designate certain land in New England as wilderness for inclusion in the National Wilderness Preservation System and certain land as a National Recreation Area, was passed by the Senate. 152 Cong. Rec. S10525 (daily ed. Sept. 26, 2006).
  • H.R. 138 (coastal resources), which would revise the boundaries of John H. Chafee Coastal Barrier Resources System Jekyll Island Unit GA-06P, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10793 (daily ed. Sept. 29, 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 Senate, clearing the measure for the President. 152 Cong. Rec. S10537 (daily ed. Sept. 29, 2006).
  • H.R. 318 (Castle Nugent Farms Study), which would authorize the Secretary of the Interior to study the suitability and feasibility of designating Castle Nugent Farms located on St. Croix, Virgin Islands, as a unit of the National Park System, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10535 (daily ed. Sept. 29, 2006).
  • H.R. 326 (Yuma Crossing Boundary), which would amend the Yuma Crossing National Heritage Area Act of 2000 to adjust the boundary of the Yuma Crossing National Heritage Area, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10535 (daily ed. Sept. 29, 2006).
  • H.R. 383 (Ice Age Floods National Geologic Trail Designation Act of 2005), which would designate the Ice Age Floods National Geologic Trail, was passed by the House. 152 Cong. Rec. H6941 (daily ed. Sept. 25, 2006).
  • H.R. 409 (Sierra National Forest Land Exchange Act), which would provide for the exchange of land within the Sierra National Forest, California, was passed by the Senate. 152 Cong. Rec. S10536 (daily ed. Sept. 29, 2006).
  • H.R. 479 (coastal resources), which would replace a Coastal Barrier Resources System map relating to Coastal Barrier Resources System Grayton Beach Unit FL-95P in Walton, County, Florida, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10793 (daily ed. Sept. 29, 2006).
  • H.R. 513 (River Raisin National Battlefield Study Act), which would direct the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of including in the National Park System certain sites in Monroe County, Michigan, relating to the Battles of the River Raisin during the War of 1812, was passed by the House. 152 Cong. Rec. H6949 (daily ed. Sept. 25, 2006).
  • H.R. 971 (hydroelectricity), which would extend the deadline for commencement of construction of certain hydroelectric projects in Connecticut, was passed by the House. 152 Cong. Rec. H7452 (daily ed. Sept. 26, 2006).
  • H.R. 1129 (Pitkin County Land Exchange Act), which would authorize the exchange of certain land in the state of Colorado, was passed by the Senate. 152 Cong. Rec. S10536 (daily ed. Sept. 29, 2006).
  • H.R. 1215 (Green Chemistry Research and Development Act of 2005), which would provide for the implementation of a Green Chemistry Research and Development Program, was passed by the House. 152 Cong. Rec. H7480 (daily ed. Sept. 26, 2006).
  • H.R. 1515 (Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2006), which would adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in the state of Louisiana, was passed by the House. 152 Cong. Rec. H6942 (daily ed. Sept. 25, 2006).
  • H.R. 1556 (land designation), which would designate a parcel of land located on the site of the Thomas F. Eagleton United States Courthouse in St. Louis, Missouri, as the "Clyde S. Cahill Memorial Park," was passed by the House. 152 Cong. Rec. H7628 (daily ed. Sept. 27, 2006).
  • H.R. 1711 (New Mexico Water Planning Assistance Act), which would provide assistance to the state of New Mexico for the development of comprehensive state water plans, was passed by the House. 152 Cong. Rec. H7643 (daily ed. Sept. 27, 2006).
  • H.R. 1728 (Ste. Genevieve County National Historic Site Study Act), which would authorize the Secretary of the Interior to study the suitability and feasibility of designating portions of Ste. Genevieve County in the state of Missouri as a unit of the National Park System, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10537 (daily ed. Sept. 29, 2006).
  • H.R. 1796 (Mississippi River Trail Study Act), which would amend the National Trails System Act to designate the route of the Mississippi River from its headwaters in the state of Minnesota to the Gulf of Mexico for study for potential addition to the National Trails System as a national scenic trail, national historic trail, or both, was passed by the House. 152 Cong. Rec. H6950 (daily ed. Sept. 25, 2006).
  • H.R. 2069 (Utah Recreational Land Exchange Act of 2005), which would authorize the exchange of certain land in Grand and Uintah Counties, Utah, was passed by the House. 152 Cong. Rec. H7648 (daily ed. Sept. 27, 2006).
  • H.R. 2110 (Colorado Northern Front Range Mountain Backdrop Protection Study Act), which would provide for a study of options for protecting the open space characteristics of certain lands in and adjacent to the Arapaho and Roosevelt National Forests in Colorado, was passed by the House. 152 Cong. Rec. H7670 (daily ed. Sept. 27, 2006).
  • H.R. 2134 (Commission to Study the Potential Creation of a National Museum of the American Latino Community Act of 2005), which would establish the Commission to Study the Potential Creation of a National Museum of the American Latino Community to develop a plan of action for the establishment and maintenance of a National Museum of the American Latino Community in Washington, D.C., was passed by the House. 152 Cong. Rec. H7664 (daily ed. Sept. 27, 2006).
  • H.R. 3085 (Trail of Tears National Historic Trail Study), 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 Senate. 152 Cong. Rec. S10539 (daily ed. Sept. 29, 2006).
  • H.R. 3443 (water), which would direct the Secretary of the Interior to convey certain water distribution facilities to the Northern Colorado Water Conservancy District, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10537 (daily ed. Sept. 29, 2006).
  • H.R. 3534 (Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2005), which would designate the Piedras Blancas Light Station and the surrounding public land as an Outstanding Natural Area to be administered as a part of the National Landscape Conservation System, was passed by the House. 152 Cong. Rec. H6951 (daily ed. Sept. 25, 2006).
  • H.R. 3606 (land grant patent), which would modify a land grant patent issued by the Secretary of the Interior, was passed by the House. 152 Cong. Rec. H7663 (daily ed. Sept. 27, 2006).
  • H.R. 3626 (Arthur V. Watkins Dam Enlargement Act of 2005), which would authorize the Secretary of the Interior to study the feasibility of enlarging the Arthur V. Watkins Dam Weber Basin Project, Utah, to provide additional water for the Weber Basin Project to fulfill the purposes for which that project was authorized, was passed by the House. 152 Cong. Rec. H7654 (daily ed. Sept. 27, 2006).
  • H.R. 3871 (national historical trail), which would authorize the Secretary of Interior to convey to The Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc., certain federal land associated with the Lewis and Clark National Historic Trail in Nebraska to be used as an historical interpretive site along the trail, was passed by the House. 152 Cong. Rec. H6948 (daily ed. Sept. 25, 2006).
  • H.R. 3961 (National Park Service), which would authorize the National Park Service to pay for services rendered by subcontractors under a General Services Administration Indefinite Deliver/Indefinite Quantity Contract issued for work to be completed at the Grand Canyon National Park, was passed by the House. 152 Cong. Rec. H6938 (daily ed. Sept. 25, 2006).
  • H.R. 4377 (hydroelectricity), which would extend the time required for construction of a hydroelectric project, was passed by the House. 152 Cong. Rec. H7450 (daily ed. Sept. 26, 2006).
  • H.R. 4417 (FERC), which would provide for the reinstatement of a license for a certain FERC project, was passed by the House. 152 Cong. Rec. H7451 (daily ed. Sept. 26, 2006).
  • H.R. 4545 (water), which would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Los Angeles County Water Supply Augmentation Demonstration Project, was passed by the House. 152 Cong. Rec. H7736 (daily ed. Sept. 28, 2006).
  • H.R. 4559 (land conveyance), which would provide for the conveyance of certain National Forest System land to the towns of Laona and Wabeno, Wisconsin, to authorize the Secretary of Agriculture to convey certain isolated parcels of National Forest System land in Florence and Langlade Counties, Wisconsin, was passed by the House. 152 Cong. Rec. H7374 (daily ed. Sept. 26, 2006).
  • H.R. 4588 (Water Resources Research Act Amendments of 2006), which would reauthorize grants for and require applied water supply research regarding the water resources research and technology institutes established under the Water Resources Research Act of 1984, was passed by the House. 152 Cong. Rec. H6939 (daily ed. Sept. 25, 2006).
  • H.R. 4750 (Lower Republican River Basin Study Act), which would authorize the Secretary of the Interior to conduct a study to determine the feasibility of implementing a water supply and conservation project to improve water supply reliability, increase the capacity of water storage, and improve water management efficiency in the Republican River Basin between Harlan County Lake in Nebraska and Milford Lake in Kansas, was passed by the House. 152 Cong. Rec. H7654 (daily ed. Sept. 27, 2006).
  • H.R. 4789 (land conveyance), which would require the Secretary of the Interior to convey certain public land located wholly or partially within the boundaries of the Wells Hydroelectric Project of Public Utility District No. 1 of Douglas County, Washington, to the utility district, was passed by the House. 152 Cong. Rec. H7653 (daily ed. Sept. 27, 2006).
  • H.R. 4841 (Ojito Wilderness Act), which would amend the Ojito Wilderness Act to make a technical correction, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10539 (daily ed. Sept. 29, 2006).
  • H.R. 4876 (land conveyance), which would ratify a conveyance of a portion of the Jicarilla Apache Reservation to Rio Arriba County, New Mexico, pursuant to the settlement of litigation between the Jicarilla Apache Nation and Rio Arriba County, New Mexico, authorize issuance of a patent for said lands, and change the exterior boundary of the Jicarilla Apache Reservation accordingly, was passed by the House. 152 Cong. Rec. H7662 (daily ed. Sept. 27, 2006).
  • H.R. 4957 (Tylersville Fish Hatchery Conveyance Act), which would direct the Secretary of the Interior to convey the Tylersville division of the Lamar National Fish Hatchery and Fish Technology Center to the state of Pennsylvania, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10793 (daily ed. Sept. 29, 2006).
  • H.R. 5016 (Las Cienegas Enhancement Act), which would provide for the exchange of certain BLM land in Pima County, Arizona, was passed by the House. 152 Cong. Rec. H7655 (daily ed. Sept. 27, 2006).
  • H.R. 5079 (Oregon Water Resources Management Act of 2006), which would provide for the modification of an amendatory repayment contract between the Secretary of the Interior and the North Unit Irrigation District, was passed by the House. 152 Cong. Rec. H6940 (daily ed. Sept. 25, 2006).
  • H.R. 5094 (Lake Mattamuskeet Lodge Preservation Act), which would require the conveyance of Mattamuskeet Lodge and surrounding property, including the Mattamuskeet National Wildlife Refuge headquarters, to the state of North Carolina and permit the state to use the property as a public facility dedicated to the conservation of the natural and cultural resources of North Carolina, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10793 (daily ed. Sept. 29, 2006).
  • H.R. 5103 (land conveyance), which would provide for the conveyance of the former Konnarock Lutheran Girls School in Smyth County, Virginia, which is currently owned by the United States and administered by the Forest Service, to facilitate the restoration and reuse of the property, was passed by the House. 152 Cong. Rec. H7373 (daily ed. Sept. 26, 2006).
  • H.R. 5160 (Long Island Sound Stewardship Act of 2006), which would establish the Long Island Sound Stewardship Initiative, was passed by the House. 152 Cong. Rec. H7644 (daily ed. Sept. 27, 2006).
  • H.R. 5136 (National Integrated Drought Information System Act of 2006), which would establish a National Integrated Drought Information System within NOAA to improve drought monitoring and forecasting capabilities, was passed by the House. 152 Cong. Rec. H7484 (daily ed. Sept. 26, 2006).
  • H.R. 5313 (Open Space and Farmland Preservation Act), which would reserve a small percentage of the amounts made available to the Secretary of Agriculture for the farmland protection program to fund challenge grants to encourage the purchase of conservation easements and other interests in land to be held by a state agency, county, or other eligible entity, was passed by the House. 152 Cong. Rec. H7372 (daily ed. Sept. 26, 2006).
  • H.R. 5340 (Upper Mississippi River Basin Protection Act), which would promote DOI efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin, was passed by the House. 152 Cong. Rec. H7667 (daily ed. Sept. 27, 2006).
  • H.R. 5381 (National Fish Hatchery System Volunteer Act), which would enhance an existing volunteer program of the FWS and promote community partnerships for the benefit of national fish hatcheries and fisheries program officers, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10793 (daily ed. Sept. 29, 2006).
  • H.R. 5516 (water contracts), which would allow for the renegotiation of the payment schedule of contracts between the Secretary of the Interior and the Redwood Valley County Water District, was passed by the House. 152 Cong. Rec. H7663 (daily ed. Sept. 27, 2006).
  • H.R. 5539 (North American Wetlands Conservation Reauthorization Act), which would reauthorize the North American Wetlands Conservation Act, was passed by the Senate, clearing the measure for the President. 152 Cong. Rec. S10793 (daily ed. Sept. 29, 2006).
  • H.R. 5681 (Coast Guard Authorization Act of 2006), which would authorize appropriations for the Coast Guard for fiscal year 2007, was passed by the House. 152 Cong. Rec. H7877 (daily ed. Sept. 28, 2006).
  • H.R. 5690 (Ouachita National Forest Boundary Adjustment Act of 2006), which would adjust the boundaries of the Ouachita National Forest in the states of Arkansas and Oklahoma, was passed by the House. 152 Cong. Rec. H7661 (daily ed. Sept. 27, 2006).
  • H.R. 5842 (Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006), which would compromise and settle all claims in the case of Pueblo of Isleta v. United States to restore, improve, and develop the valuable on-reservation land and natural resources of the Pueblo, was passed by the House. 152 Cong. Rec. H7651 (daily ed. Sept. 27, 2006).
  • H.R. 5861 (National Historic Preservation Act Amendments of 2005), which would amend the National Historic Preservation Act, was passed by the House. 152 Cong. Rec. H6945 (daily ed. Sept. 25, 2006).
  • H.R. 5946 (Stevens-Inouye International Fisheries Monitoring and Compliance Legacy Act of 2006), which 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, was passed by the House. 152 Cong. Rec. H7635 (daily ed. Sept. 27, 2006).
  • H.R. 6014 (water supply), which would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to improve California's Sacramento-San Joaquin Delta and water supply, was passed by the House. 152 Cong. Rec. H7643 (daily ed. Sept. 27, 2006).
  • H.R. 6131 (USTs), which would permit certain expenditures from the Leaking Underground Storage Tank Trust Fund, was passed by the House. 152 Cong. Rec. H7387 (daily ed. Sept. 26, 2006).
  • H.R. 6203 (energy), which would provide for federal energy research, development, demonstration, and commercial application activities, was passed by the House. 152 Cong. Rec. H8011 (daily ed. Sept. 29, 2006).

Committee Action:

  • S. 176 (hydroelectricity) was reported by the Committee on Energy and Commerce. H. Rep. No. 109-681, 152 Cong. Rec. H7495 (daily ed. Sept. 26, 2006). The bill would extend the deadline for commencement of construction of a hydroelectric project in the state of Alaska.
  • S. 244 (hydroelectricity) was reported by the Committee on Energy and Commerce. H. Rep. No. 109-682, 152 Cong. Rec. H7495 (daily ed. Sept. 26, 2006). The bill would extend the deadline for commencement of construction of a hydroelectric project in the state of Wyoming.
  • S. 1848 (mines) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-351, 152 Cong. Rec. S10287 (daily ed. Sept. 27, 2006). The bill would promote the remediation of inactive and abandoned mines.
  • S. 2348 (Atomic Energy Act) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-347, 152 Cong. Rec. S10071 (daily ed. Sept. 25, 2006). The bill would amend the Atomic Energy Act of 1954 to require a licensee to notify the Atomic Energy Commission, and the state and county in which a facility is located, whenever there is an unplanned release of fission products in excess of allowable limits.
  • S. 2751 (NOAA) was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 109-356, 152 Cong. Rec. S10673 (daily ed. Sept. 29, 2006). The bill would strengthen NOAA's drought monitoring and forecasting capabilities.
  • S. 3630 (FWPCA) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-352, 152 Cong. Rec. S10287 (daily ed. Sept. 27, 2006). The bill would amend the FWPCA to reauthorize a program relating to the Lake Pontchartrain Basin.
  • S. 3648 (tribal land) was reported by the Committee on Indian Affairs. S. Rep. No. 109-354, 152 Cong. Rec. S10673 (daily ed. Sept. 29, 2006). The bill would compromise and settle all claims in the case of Pueblo of Isleta v. United States and restore, improve, and develop the valuable on-reservation land and natural resources of the Pueblo.
  • S. 3879 (radiation) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-346, 152 Cong. Rec. S10071 (daily ed. Sept. 25, 2006). The bill would implement the Convention on Supplementary Compensation for Nuclear Damage, with amendments.
  • H.R. 971 (hydroelectricity) was reported by the Committee on Energy and Commerce. H. Rep. No. 109-683, 152 Cong. Rec. H7495 (daily ed. Sept. 26, 2006). The bill would extend the deadline for commencement of construction of certain hydroelectric projects in Connecticut.
  • H.R. 1647 (NOAA) was reported by the Committee on Science. H. Rep. No. 109-698, 152 Cong. Rec. H7900 (daily ed. Sept. 28, 2006). The bill would authorize and strengthen the tsunami detection, forecast, warning, and mitigation program of NOAA, to be carried out by the National Weather Service.
  • H.R. 3929 (Water Desalination Act) was reported by the Committee on Environment and Public Works. S. Rep. No. 109-353, 152 Cong. Rec. S10287 (daily ed. Sept. 27, 2006). The bill would amend the Water Desalination Act of 1996 to authorize the Secretary of the Interior to assist in research and development, environmental and feasibility studies, and preliminary engineering for the Municipal Water District of Orange County, California, Dana Point Desalination Project in Dana Point, California.
  • H.R. 4417 (FERC) was reported by the Committee on Energy and Commerce. H. Rep. No. 109-685, 152 Cong. Rec. H7495 (daily ed. Sept. 26, 2006). The bill would provide for the reinstatement of a license for a certain FERC project.
  • H.R. 4857 (ESA) was reported by the Committee on Resources. H. Rep. No. 109-693, 152 Cong. Rec. H7900 (daily ed. Sept. 28, 2006). The bill would better inform consumers regarding costs associated with compliance for protecting endangered and threatened species under the ESA.
  • H.R. 5695 (chemicals) was reported by the Committee on Homeland Security. H. Rep. No. 109-707 Pt. 1, 152 Cong. Rec. H8053 (daily ed. Sept. 29, 2006). The bill would amend the Homeland Security Act of 2002 to provide for the regulation of certain chemical facilities.
  • H. Con. Res. 424 (renewable energy) was reported by the Committee on Agriculture. H. Rep. No. 109-710 Pt. 1, 152 Cong. Rec. H8053 (daily ed. Sept. 29, 2006). The concurrent resolution would express the sense of Congress that it is the goal of the United States that, not later than January 1, 2025, the agricultural, forestry, and working land of the United States should provide from renewable resources not less than 25% of the total energy consumed in the United States and continue to produce safe, abundant, and affordable food, feed, and fiber.

Bills Introduced:

  • S. 3934 (Snowe, R-Me.) (navigation) would terminate authorization for the project for navigation, Rockport Harbor, Maine. 152 Cong. Rec. S10072 (daily ed. Sept. 25, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3942 (Lautenberg, D-N.J.) (national park) would establish the Paterson Great Falls National Park in the state of New Jersey. 152 Cong. Rec. S10159 (daily ed. Sept. 26, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3961 (Stevens, R-Alaska) (pipelines) would provide for enhanced safety in pipeline transportation. 152 Cong. Rec. S10288 (daily ed. Sept. 27, 2006). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3962 (Domenici, R-N.M.) (Yucca Mountain) would enhance the management and disposal of spent nuclear fuel and high-level radioactive waste, assure protection of public health and safety, and ensure the territorial integrity and security of the repository at Yucca Mountain. 152 Cong. Rec. S10288 (daily ed. Sept. 27, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3969 (Obama, D-Ill.) (TSCA) would amend TSCA to assess and reduce the levels of lead found in child-occupied facilities in the United States. 152 Cong. Rec. S10457 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 3970 (Allen, R-Va.) (energy) would amend the Energy Policy Act of 2005 to direct the President to establish an energy security working group. 152 Cong. Rec. S10457 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3979 (Levin, D-Mich.) (National Trails System Act) would amend the National Trails System Act to clarify federal authority relating to land acquisition from willing sellers for the North Country National Scenic Trail. 152 Cong. Rec. S10457 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3985 (Landrieu, D-La.) (oil and gas drilling) would promote the recovery of oil and gas revenues on the outer continental shelf. 152 Cong. Rec. S10457 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3986 (Allard, R-Colo.) (wilderness) would designate as wilderness certain land within the Rocky Mountain National Park. 152 Cong. Rec. S10457 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3991 (Conrad, D-N.D.) (agriculture) would provide emergency agricultural disaster assistance. 152 Cong. Rec. S10457 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3997 (Santorum, R-Pa.) (natural gas) would amend the Internal Revenue Code of 1986 to provide a credit against tax proportional to the number of million British thermal units (Btus) of natural gas produced by a high Btu fuel facility. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Finance.
  • S. 4000 (Lugar, R-Ind.) (alternative fuel) would amend the Internal Revenue Code of 1986 to modify the alcohol credit and the alternative fuel credit, amend the CAA to promote the installation of fuel pumps for E-85 fuel, and amend title 49 of the United States Code to require the manufacture of dual-fueled automobiles. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Finance.
  • S. 4001 (Sununu, R-N.H.) (national recreation area) would designate certain land in New England as wilderness for inclusion in the national preservation system and certain land as a national recreation area. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was considered and passed.
  • S. 4002 (Baucus, D-Mont.) (national recreation area) would establish the Canyon Ferry National Recreation Area in the state of Montana and establish the Canyon Ferry Recreation Management Fund. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 4003 (Harkin, D-Iowa) (ethanol) would require the Secretary of Energy to award funds to study the feasibility of constructing one or more dedicated ethanol pipelines to increase the energy, economic, and environmental security of the United States. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 4005 (Martinez, R-Fla.) (hurricanes) would establish the National Hurricane Research Initiative to improve hurricane preparedness. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 4007 (Domenici, R-N.M.) (rivers) would authorize the Secretary of the Interior to conduct feasibility studies to identify opportunities to increase the surface flows of the Rio Grande, Canadian, and Pecos Rivers in the state of New Mexico. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 4008 (Domenici, R-N.M.) (water) would authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 4010 (Menendez, D-N.J.) (pollution) would amend the TSCA, CERCLA, EPCRA, and Federal Hazardous Substances Act and authorize the Administrator of EPA to provide grants to states to protect children and other vulnerable sub-populations from exposure to environmental pollutants. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 4012 (Thune, R-S.D.) (fuel) would promote a substantial commercial coal-to-fuel industry and decrease the dependence of the United States on foreign oil. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 4013 (Smith, R-Or.) (hydropower) would amend the Internal Revenue Code of 1986 to expand the resources eligible for the renewable energy credit to kinetic hydropower. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Finance.
  • S. 4019 (Boxer, D-Cal.) (natural gas) would require persons seeking approval for a liquefied natural gas facility to identify employees and agents engaged in activities to persuade communities of the benefits of the approval. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 4020 (Dayton, D-Minn.) (renewable fuel) would amend the Petroleum Marketing Practices Act to prohibit restrictions on the installation of renewable fuel pumps. 152 Cong. Rec. S10678 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 4038 (Sarbanes, D-Md.) (resources) would establish the bipartisan and independent Commission on Global Resources, Environment, and Security. 152 Cong. Rec. S10679 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Environment and Public Works.
  • S. 4039 (Kerry, D-Mass.) (CAA) would amend the CAA to establish an economy-wide global warming pollution emission cap-and-trade program to assist the economy in transitioning to new clean energy technologies, protect employees and affected communities, and protect companies and consumers from significant increases in energy costs. 152 Cong. Rec. S10679 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Finance.
  • H.R. 6165 (Barrow, D-Ga.) (hazardous materials) would improve the safety of transporting hazardous materials by rail and provide training and resources for first responders to protect communities from incidents involving the transportation of hazardous materials. 152 Cong. Rec. H7348 (daily ed. Sept. 25, 2006). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 6192 (Pascrell, D-N.J.) (national park) would establish the Paterson Great Falls National Park in the state of New Jersey. 152 Cong. Rec. H7496 (daily ed. Sept. 26, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6202 (Case, D-Haw.) (national park) would direct the Secretary of the Interior to study the suitability and feasibility of designating the Ka'u Coast on the island of Hawaii as a unit of the National Park System. 152 Cong. Rec. H7673 (daily ed. Sept. 27, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6203 (Biggert, R-Ill.) (energy) would provide for federal energy research, development, demonstration, and commercial application activities. 152 Cong. Rec. H7673 (daily ed. Sept. 27, 2006). The bill was referred to the Committee on Science.
  • H.R. 6218 (Miller, D-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Bay Area Regional Water Recycling Program projects. 152 Cong. Rec. H7674 (daily ed. Sept. 27, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6219 (Pallone, D-N.J.) (EPCRA) would amend EPCRA to strike a provision relating to modifications in reporting frequency. 152 Cong. Rec. H7674 (daily ed. Sept. 27, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 6220 (Pearce, R-N.M.) (takings) would require payment of three times the amount of just compensation whenever private property is taken for private economic development use. 152 Cong. Rec. H7674 (daily ed. Sept. 27, 2006). The bill was referred to the Committee on the Judiciary.
  • H.R. 6222 (Slaughter, D-N.Y.) (TSCA) would amend TSCA to assess and reduce the levels of lead found in child-occupied facilities in the United States. 152 Cong. Rec. H7674 (daily ed. Sept. 27, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 6223 (Visclosky, D-Ind.) (oil) would reduce the dependence of the United States on oil through the use of alternative fuels and new technology. 152 Cong. Rec. H7674 (daily ed. Sept. 27, 2006). The bill was referred to the Committees on Energy and Commerce, Ways and Means, Transportation and Infrastructure, Armed Services, and Government Reform.
  • H.R. 6230 (Hall, R-Tex.) (energy) would authorize the Secretary of Energy to make energy consumption reduction incentive payments to encourage the utilization of the best available technology in the development of desalination facilities. 152 Cong. Rec. H7900 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6237 (Eshoo, D-Cal.) (forests) would amend the Forest and Rangeland Renewable Resources Planning Act of 1974 and related laws to strengthen the protection of native biodiversity and ban clearcutting on federal land, and designate certain federal land as Ancient forests, roadless areas, watershed protection areas, and special areas where logging and other intrusive activities are prohibited. 152 Cong. Rec. H7901 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Resources and the Committee on Agriculture.
  • H.R. 6241 (Hastings, R-Wash.) (marine mammals) would amend the Marine Mammal Protection Act of 1972 to reduce predation on endangered Columbia River salmon. 152 Cong. Rec. H7901 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6245 (Musgrave, R-Colo.) (national park) would designate as wilderness certain land within the Rocky Mountain National Park. 152 Cong. Rec. H7901 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6248 (Rogers, R-Mich.) (fuel efficiency) would authorize the Secretary of Energy to make certain loan guarantees for advanced conservation and fuel efficiency motor vehicle technology projects. 152 Cong. Rec. H7901 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Energy and Commerce, and the Committee on Science.
  • H.R. 6249 (Shimkus, R-Ill.) (fuel) would authorize the Secretary of Energy to make price floor loans to certain low-carbon coal-to-liquid fuel projects. 152 Cong. Rec. H7901 (daily ed. Sept. 28, 2006). The bill was referred to the Committee on Energy and Commerce, and the Committee on Science.
  • H.R. 6256 (Walden, R-Or.) (water conservation) would authorize the Secretary of the Interior to assist in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon. 152 Cong. Rec. H8053 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6261 (Gutknecht, R-Minn.) (mercury) would provide for the protection of public health and the environment from mercury contamination associated with the shipment of elemental mercury or with mercury-bearing solid waste. 152 Cong. Rec. H8053-54 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 6266 (Jackson-Lee, D-Tex.) (ethanol) would authorize the Secretary of Energy to make loan guarantees for cellulosic ethanol production technology development. 152 Cong. Rec. H8054 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Energy and Commerce, and the Committee on Science.
  • H.R. 6267 (Weller, R-Ill.) (energy efficiency) would amend the Internal Revenue Code of 1986 to permanently extend the credits for residential energy efficient property and new energy efficient homes. 152 Cong. Rec. H8054 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Ways and Means.
  • H.R. 6269 (Biggert, R-Ill.) (alternative fuel) would amend the Internal Revenue Code of 1986 to expand and extend the incentives for alternative fuel vehicles and refueling property and to repeal the oil and gas production incentives added by the Energy Policy Act of 2005. 152 Cong. Rec. H8054 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Ways and Means.
  • H.R. 6270 (Bono, R-Cal.) (land designation) would designate certain federal lands in Riverside County, California, as wilderness, designate certain river segments in Riverside County as a wild, scenic, or recreational river, and adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument. 152 Cong. Rec. H8054 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6278 (DeFazio, D-Or.) (appropriations) would amend the Bonneville Power Administration portions of the Fisheries Restoration and Irrigation Mitigation Act of 2000 to authorize appropriations for fiscal years 2006 through 2012. 152 Cong. Rec. H8054 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6287 (Hefley, R-Colo.) (national heritage area) would establish criteria for and create a National Heritage Areas System in the United States. 152 Cong. Rec. H8054 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6291 (Lowey, D-N.Y.) (energy efficiency) would extend the incentives for clean and renewable energy and its more efficient use. 152 Cong. Rec. H8055 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Ways and Means, and the Committee on Energy and Commerce.
  • H.R. 6308 (Udall, D-N.M.) (water) would authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System. 152 Cong. Rec. H8055 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Resources.
  • H.R. 6310 (Weller, R-Ill.) (energy efficiency) would amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for the purchase of energy efficient tires. 152 Cong. Rec. H8055 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Ways and Means, and the Committee on Energy and Commerce.
  • H.R. 6312 (Wilson, R-N.M.) (rivers) would authorize the Secretary of the Interior to conduct feasibility studies to identify opportunities to increase the surface flows of the Rio Grande, Canadian, and Pecos Rivers in the state of New Mexico. 152 Cong Rec. H8055 (daily ed. Sept. 29, 2006). The bill was referred to the Committee on Resources.
  • H. Res. 1058 (Pelosi, D-Cal.) (preservation) would congratulate Dr. Edgar Wayburn on his 100th birthday and commend his lifelong dedication to preserving our environment for our use and the use of future generations. 152 Cong. Rec. H7901 (daily ed. Sept. 28, 2006). The resolution was referred to the Committee on Resources.

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:

Arkansas Hawaii Kentucky Minnesota New Mexico Texas Colorado Idaho Louisiana Missouri North Carolina Virginia Delaware Illinois Maine Nevada Oklahoma Washington Florida Iowa Maryland New Hampshire Oregon Wisconsin Georgia Kansas Massachusetts New Jersey South Carolina  

ARKANSAS

Water:

  • The Arkansas Pollution Control and Ecology Commission will hold a public hearing to receive comments on a third-party proposal by El Dorado Chemical Company (EDCC) to change the Arkansas Water Quality Standards (Commission Regulation No. 2) for several streams affected by the EDCC wastewater discharge. The hearing will be held November 13, 2006. See http://www.adeq.state.ar.us/poa/pa/pn_reg_notice.asp
  •  The Arkansas Pollution Control and Ecology Commission will hold 10 public hearings during November and December of 2006 and January of 2007 to receive public comments on proposed changes to Arkansas Water Quality Standards (Commission Regulation No. 2) developed through the Triennial Review process initiated earlier this year. See http://www.adeq.state.ar.us/poa/pa/pn_reg_notice.asp

Hazardous and Solid Waste:

  • The Arkansas Pollution Control and Ecology Commission will hold a public hearing to receive comments on the proposed repeal of Procedures for the Creation of Regional Solid Waste Management Districts (Commission Regulation No. 24). The hearing will be held October 30, 2006. See http://www.adeq.state.ar.us/poa/pa/pn_reg_notice.asp

COLORADO

Air:

  • The Air Quality Control Commission will hold a public rulemaking hearing to consider a proposal to redefine the distribution of the fees assessed by Regulation Number 9, Open Burning, Prescribed Fire, and Permitting. The hearing will be held December 14 and 15, 2006. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/Decnoticereg9.pdf
  • The Air Quality Control Commission will hold a public hearing on proposed revision to Regulation Number 3, Part A, Section VI.D.1., in order to raise the annual stationary source emission fees for criteria and hazardous air pollutants in accordance with the provisions of Section 25-7-114.7., C.R.S., commencing in 2007. The hearing will be held December 14 and 15, 2006. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/Decnoticereg3.pdf
  • The Air Quality Control Commission will hold a public rulemaking hearing to consider a proposal by the Colorado Department of Public Health and Environment’s Environmental Agriculture Program to revise Regulation Number 2, Odor Emission, Part B, Housed Commercial Swine Feeding Operations, to incorporate statutory amendments to section 25-7-138 C.R.S. The hearing will be held December 14 and 15, 2006. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/decnoticereg2.pdf
  • The Air Quality Control Commission will hold a public rulemaking hearing to consider a proposal to revise Regulation Number 11, Motor Vehicle Emissions Inspection Program, by making changes to the model year exemptions provided in the current program. The Commission will also consider a proposal to revise Regulation Numbers 7 and 11, concerning the Ozone Early Action Compact. The hearing will be held December 14 and 15, 2006. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/DecnoticeEAC.pdf
  • The Air Quality Control Commission will hold a public rulemaking hearing to consider a proposal to revise the Common Provisions Regulation to address whether the regulation complies with federal guidance requirements defining what is an upset and/or malfunction and whether U.S. EPA and members of the public can pursue injunctive relief for upsets as violations of the law. The hearing will be held December 14 and 15, 2006. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/Dechearingupset.pdf

DELAWARE

Fisheries:

Water:

FLORIDA

Air:

  • The Department of Environmental Protection will hold a public hearing on a proposal to amend rules 62-210.100, 62-210.200, 62-210.300, 62-210.310, and 62-210.920. The proposed amendments would revise and update regulatory requirements for air permitting exemptions and for use of air general permits. The hearing will be held October 26, 2006. See http://faw.dos.state.fl.us/fawframes.html (p. 4426)

Hazardous and Solid Waste:

  • The Department of Environmental Protection will hold a public hearing on proposed amendments to rules 62-296.401, Incinerators, and 62-296.414, Concrete Batching Plants. The proposed amendments would revise and update air regulatory requirements for biological waste incineration operations, crematories, air curtain incinerators, and concrete batching plants. The hearing will be held October 26, 2006. See http://faw.dos.state.fl.us/fawframes.html (p. 4450)

Water:

  • The South Florida Water Management District will hold a public hearing on proposed amendments to rules 40E-8.021, Definitions, 40E-8.221, Minimum Flows and Levels: Surface Waters, and 40E-8.421, Prevention and Recovery Strategies. The proposed amendments would implement consumptive use permit and water shortage management rules and a prevention strategy. They would also provide other related projects with criteria for consideration in water resource planning. The hearing will be held November 9, 2006. See http://faw.dos.state.fl.us/fawframes.html (p.4554)
  • The Department of Environmental Protection will hold a public hearing on proposed rule 62-505, Small Community Wastewater Facilities Grants Program. The hearing will be held October 26, 2006. See http://faw.dos.state.fl.us/fawframes.html (p. 4571)

GEORGIA

Air:

  • The Environmental Protection Division will hold a public hearing on proposed amendments to Georgia’s Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20. The proposed rule amendments include revisions to rules 391-3-20-.01, Definitions, and 391-3-20-.17, Waivers. The hearing will be held October 31, 2006. Comments are due October 31, 2006. See http://www.gaepd.org/environet/20/notice.pdf

HAWAII

Toxic Substances

IDAHO

Air:

  • The Department of Environmental Quality will hold a public hearing on proposed rule 58-0101-0603, which would allow the state to opt out of the federal cap-and-trade program for mercury emissions from electric generating units, codified at 40 CFR Part 60, Subpart HHHH. The public hearing will be held November 3, 2006. See http://www.deq.idaho.gov/rules/air/58_0101_0603_proposed.cfm

ILLINOIS

Hazardous and Solid Waste:

  • The Environmental Protection Agency is soliciting public comment on proposed amendments to 35 Ill. Adm. Code 885, Municipal Brownfields Redevelopment Grant Program. Comments are due November 3, 2006. See http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue39.pdf (p.15345)
  • The Pollution Control Board is soliciting public comment on amendments to 35 Ill. Adm. Code 742, Tiered Approach to Corrective Action Objectives (TACO). The amendments are primarily designed to update standards, improve procedures, and make numerous corrections and clarifications. The TACO regulations provide methods for developing risk-based remediation objectives to be used in environmental contamination cleanups under several regulatory programs. Comments are due November 3, 2006. See http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue39.pdf (p. 1566)

Water:

IOWA

Hazardous and Solid Waste:

  • The Environmental Protection Commission will hold a public hearing to rescind ARC 5387B, Chapter 118, Discarded Appliance Demanufacturing, and to adopt a new Chapter 118 with the same title. The hearing will be held October 17, 2006. The proposed new chapter would revise recordkeeping and annual reporting requirements, ease storage time limits on PCB-containing articles that are disposed of through a regional collection center, and incorporate federal requirements. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060927.htm (p. 400)
  • The Environmental Protection Commission will hold a public hearing to adopt ARC 5386B, Chapter 215, Mercury-added Switch Recovery From End-of-Life Vehicles. This chapter would implement 2006 Iowa Acts, House File 2362, to reduce the quantity of mercury in the environment by removing mercury-added switches from end-of-life vehicles in Iowa and by creating a collection, recovery, and incentive program for mercury-added switches removed from vehicles in Iowa. The hearing will be held October 17, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060927.htm (p. 405)

KANSAS

Air:

  • The Kansas Small Business Environmental Assistance Program is conducting air quality workshops to assist small businesses in identifying potential hazardous air pollutants, calculating potential to emit, identifying the requirements for construction permits and construction approvals, and identifying the requirements for air operating permits and air emission inventories. The workshops will be held February 7, 13, and 28, 2007. See http://www.kdheks.gov/sbcs/index.html

KENTUCKY

Water:

  • The Division of Water will hold a public hearing on proposed administrative regulation 401 KAR 4:060, concerning criteria for stream construction. The hearing will be held October 23, 2006. Comments are due October 31, 2006. See http://www.water.ky.gov/publicassistance/hearings/

LOUISIANA

Hazardous and Solid Waste:

  • The Department of Environmental Quality has renewed Emergency Rule OS066E3 to prevent the unauthorized disposal of sewage sludge in treatment works treating domestic sewage and other areas unprepared to receive the waste stream. This Emergency Rule is effective on September 29, 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/OS066E4.pdf
  • The Department of Public Safety adopted LAC 33:V., Subpart 2, 11101, 11103, and 11105, Reporting Requirements for Category 3 or Higher Hurricane. The emergency rule provides a process for the reporting of information regarding hazardous materials that are in transit and/or temporarily stored at a facility and that could present a threat to human health and the environment if compromised during a Category 3 or higher hurricane. This emergency rule became effective September 26, 2006. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/DPS_Emergency_Rule_Hurricane_Notification.pdf

MAINE

Fisheries:

  • The Department of Marine Resources will hold a public hearing on proposed rule number 2006-P24, which promulgates an exception to the Penobscot River Fishing Closure following the Atlantic Salmon Commission's adoption of an Experimental Open Season for Salmon from September 15 to October 15, 2006. The hearing will be held October 19, 2006. Comments are due October 30, 2006. See http://www.maine.gov/sos/cec/rules/notices/2006/092706.htm

MARYLAND

Wildlife:

Toxic Substances:

  • The Department of the Environmental has recently adopted amendments to Regulation .01 under COMAR 26.12.01, Radiation Protection. This action, which was proposed for adoption in 33:15 Md. R. 1326-1327 (July 21, 2006), has been adopted as proposed. The amendments will become effective October 9, 2006. See http://www.dsd.state.md.us/mdregister/3320/main_register.htm

MASSACHUSETTS

Water:

  • The Department of Environmental Protection will hold public hearings on proposed amendments primarily to 314 CMR 7.00, Sewer Extension and Connection Permits, as well as to 314 CMR 3.00, Surface Water Discharge Permit Program; 310 CMR 4.00, Timely Action Schedule and Fee Provisions; 314 CMR 17.00, Industrial Wastewater Management for Biotechnology Operations; 314 CMR 12.00, Operation & Maintenance Standards for Wastewater Treatment Plants; 310 CMR 70.00, Environmental Results Program Certification; 257 CMR 2.00, Board of Registration of Operators of Wastewater Treatment Facilities; 310 CMR 7.26, Air Pollution Regulations; and 310 CMR 71.00, Industrial Wastewater Regulations for Photo Processors and Printers.  The hearings will be held October 24, 25, and 26, 2006. See http://www.mass.gov/dep/water/laws/wwregpn.htm

MINNESOTA

General:

  • The Pollution Control Agency will hold a public meeting to present the results of an Environmental Feasibility Study and proposed Response Action Plan developed and submitted by the University of Minnesota with respect to the former Republic Creosoting Site. The meeting will be held November 8, 2006. The plan will be available for public review at the document repository and website on or before Friday, October 13, 2006. Comments will be accepted October 16, 2006, through November 15, 2006. See http://www.comm.media.state.mn.us/bookstore/stateregister/31_14.pdf

MISSOURI

Wildlife:

NEVADA

Air:

  • The Environmental Commission adopted Regulation 139-06, which pertains to the air pollution control permitting program under chapter 445B of the Nevada Administrative Code. The regulation removes "clean unit" and "pollution control project" provisions from the air pollution control permitting program to conform with decisions by the U.S. Court of Appeals for the D.C. Circuit vacating certain revisions made to the federal New Source Review and Prevention of Significant Deterioration rule in 2002. The regulation became effective September 18, 2006. See http://www.leg.state.nv.us/register/2006Register/R139-06A.pdf

Water:

  • The Environmental Commission adopted Regulation 138-06, which amends 445A.232 of the Nevada Administrative Code. The regulation provides clarification in the description for several fee categories of mining facility permits. The regulation became effective September 18, 2006. See http://www.leg.state.nv.us/register/2006Register/R138-06A.pdf

NEW HAMPSHIRE

Air:

  • The Department of Environmental Services will hold a hearing on proposed Env-A 4300, which would establish emission standards for Other Solid Waste Incinerators, as required by U.S. EPA under the CAA. The rules would also establish requirements for operator training, performance and compliance testing, monitoring, and recordkeeping and reporting. The proposed rules will essentially extend the requirements of Env-A 3300, Municipal Waste Incinerators, to smaller facilities that have previously been exempt due to their relatively small size. The hearing will be held October 24, 2006. Comments are due November 3, 2006. See http://www.des.state.nh.us/RuleMaking/notice2006/Env-A4300RMN.pdf

NEW JERSEY

Water:

  • The Department of Environmental Protection is proposing to repeal the existing Flood Hazard Area Control rules, N.J.A.C. 7:13, and to adopt new rules that will better protect the public from the hazards of flooding, preserve the quality of surface waters, and protect the wildlife and vegetation that exist within and depend upon such areas for sustenance and habitat. A public hearing has not yet been scheduled. See http://www.nj.gov/dep/njflood/docs/web_rule_8_31_06.pdf

NEW MEXICO

Hazardous and Solid Waste:

NORTH CAROLINA

Fisheries:

  • The Environmental Management Commission will hold a public hearing on a proposal to amend the Rule 15A NCAC 02B .0308, Surface Water and Wetland Standards, Assignment of Stream Classifications. The amendment would reclassify and officially recognize the use of sections of the Catawba River as habitat for trout reproduction and survival and set a water quality provision to support and protect this use year round. The hearing will be held November 1, 2006. Comments are due December 1, 2006. See http://www.ncoah.com/rules/register/Volume21Issue07.pdf

OKLAHOMA

Toxic Substances:

OREGON

Fisheries:

General:

SOUTH CAROLINA

Air:

  • The Department of Health and Environmental Quality Control adopted amendments to R.61-62, Air Pollution Control Regulations and Standards (61-62.60; 61-62.63). These amendments are necessary to maintain consistency with federal rules and did not require legislative review. These amendments became effective September 22, 2006. See http://www.scdhec.gov/administration/regs/docs/regupdate.doc#air

Fisheries:

  • The Department of Health and Environmental Quality Control amended R.61-47, Shellfish, and has submitted it to the South Carolina General Assembly for legislative review. It can be viewed at http://www.scstatehouse.net/regs/3002.doc. The amendment brings the regulation up-to-date with current National Shellfish Sanitation program guidance and practices; includes a section on severability; updates and expands definitions; updates certification and permitting procedures; updates growing area survey and classification standard references; updates requirements for the harvesting, handling, and transportation of shellfish; updates compliance and inspection procedures; updates certified shipper facility and aquaculture requirements; and revises style, language, and grammar for clarity, readability and consistency. See http://www.scdhec.gov/administration/regs/docs/regupdate.doc#water

TEXAS

Fisheries:

VIRGINIA

Water:

WASHINGTON

Toxic Substances:

  • The Department of Ecology adopted Chapter 173-182 WAC, Oil Spill Contingency Plan Rules. These rules will become effective October 26, 2006. See http://www.ecy.wa.gov/biblio/0608030.html
  • The Department of Ecology adopted Chapter 173-180 WAC, Facility Oil Handling Standards, and Chapter 173-184 WAC, Vessel Oil Transfer Advance Notice and Transfer Containment Standards. These rules will become effective October 26, 2006. See http://www.ecy.wa.gov/pubs/0608028.pdf

WISCONSIN

Fisheries:

  • The Department of Natural Resources will hold public hearings on the creation of §NR 20.40, Wis. Adm. Code, relating to regulation of fishing tournaments in inland, outlying, and boundary waters of Wisconsin. The hearings will be held on October 30 and on November 1, 2, 8, 9, 14, and 15, 2006. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html
  • The Department of Natural Resources will hold a public hearing on revisions to §§NR 22.02 and 22.11, Wis. Adm. Code, relating to commercial fishing for sturgeon in the Wisconsin-Iowa boundary waters. The hearing will be held November 15, 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

UNITED NATIONS TO CONSIDER DEEP SEA TRAWLING BAN

The U.N. General Assembly is scheduled to begin debate on a ban on deep sea trawling in unmanaged ocean areas. The European Commission has voiced support of the ban. While a ban from the Assembly would be non-binding, it does carry the weight of the international community. See http://today.reuters.com/news/articlenews.aspx?type=worldNews&storyid=2006-10-03T170311Z_01_N03201755_RTRUKOC_0_US-ENVIRONMENT-UN-FISH.xml&src=rss

UNITED STATES SWAPS GUATEMALAN DEBT FOR FOREST PROTECTION

The United States will forgive approximately 20% of Guatemala’s $122 million dollars of debt so that the developing country may put the funds toward conservation efforts. The agreement is the largest deal to date spurred by the 1998 Tropical Forest Conservation Act. Guatemalan conservation efforts will be funded over the next 15 years to address threats and issues in what are currently under-protected rain forests, mangrove reserves, and volcanic mountain chains. See http://www.forestrycenter.org/headlines.cfm?refid=89173

CANADA STALLS IN SETTING EMISSION STANDARDS

Despite Canada's inability to meet its obligations for cutting emissions of greenhouse gases under the Kyoto protocol, "the government will not rush to set new targets of its own," Environment Minister Rona Ambrose said on Thursday. Instead, Ambrose said the government would implement a regulatory framework with legally binding emissions targets for major polluters such as the energy industry and automakers. She did not, however, give details on what the targets would be or when they would come into effect. See http://www.alertnet.org/thenews/newsdesk/N05372023.htm

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

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