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Weekly Update Volume 37, Issue 10

04/09/2007

LITIGATION

CAA, GREENHOUSE GASES:

The U.S. Supreme Court held that EPA has the statutory authority to regulate greenhouse gases from new motor vehicles. The case arose after private organizations petitioned EPA to begin regulating four greenhouse gases, including carbon dioxide, under the CAA. EPA rejected the petition, and the petitioners, joined by Massachusetts and other state and local governments, sought review in the D.C. Circuit, which upheld EPA's determination. The Supreme Court reversed. First, the Court rejected EPA's argument that a causal link between greenhouse gases and the increase in global surface air temperatures was not unequivocally established. The harms associated with climate change are serious and well recognized, and given EPA's failure to dispute the existence of a causal connection between man-made greenhouse gas emissions and global warming, its refusal to regulate such emissions, at a minimum, contributes to petitioners' injuries. Further, while regulating motor-vehicle emissions may not by itself reverse global warming, it does not follow that the Court lacks jurisdiction to decide whether EPA has a duty to take steps to slow or reduce it. Hence, the petitioners have standing. As for the merits, the court held that because greenhouse gases fit well within the Act's capacious definition of "air pollutant," EPA has statutory authority to regulate the emission of such gases from new motor vehicles. That definition embraces all airborne compounds of whatever stripe. Also unpersuasive was EPA's argument that its regulation of motor-vehicle carbon dioxide emissions would require it to tighten mileage standards, a job (according to EPA) that Congress has assigned to the U.S. Department of Transportation. The Court also ruled that EPA rejected the petition on impermissible grounds. Instead of determining that greenhouse gases do not contribute to climate change or providing some reasonable explanation as to why it cannot or will not exercise its discretion to determine whether they do, EPA offered a laundry list of reasons not to regulate. EPA's policy judgments have nothing to do with whether greenhouse gas emissions contribute to climate change and do not amount to a reasoned justification for declining to form a scientific judgment. On remand, EPA must ground its reasons for action or inaction in the statute. Stevens, J., delivered the opinion of the Court, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Roberts, C.J., filed a dissenting opinion, in which Scalia, Thomas, and Alito, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C.J., and Thomas and Alito, JJ., joined. Massachusetts v. Environmental Protection Agency, No. 05-1120, 37 ELR 20075 (U.S. Apr. 2, 2007) (66 pp.).

CAA, COAL-FIRED POWER PLANTS, MODIFICATION:

The U.S. Supreme Court reversed the Fourth Circuit's grant of summary judgment in favor of a coal-fired power plant operator charged with violating the CAA's prevention of significant deterioration (PSD) regulations. The CAA's PSD and new source performance standards (NSPS) provisions both cover modified, as well as new, stationary sources of air pollution. The Fourth Circuit ruled that the CAA requires EPA to conform its PSD regulations on modification to their NSPS counterparts because the NSPS provisions define the term "modification," whereas the PSD provisions use that word "as defined in" the NSPS. Consequently, it held that the power plant did not violate the CAA when it upgraded its plants in the 1980s and 1990s without a PSD permit. The Supreme Court reversed. Principles of statutory interpretation do not rigidly mandate identical regulation. The presumption that identical words used in different parts of the same statute are intended to have the same meaning and application is not a rigid one. Further, the appellate court's reading of the PSD regulations, intended to align them with NSPS, was inconsistent with their terms and effectively invalidated them. The NSPS regulations require a source to use the best available pollution-limiting technology when a modification would increase the discharge of pollutants measured in kilograms per hour, whereas the PSD regulations require a permit for a modification only when it is a "major" one, and only when it would increase the actual annual emission of a pollutant above the actual average for the two prior years. Souter, J., delivered the opinion of the Court, in which Roberts, C.J., and Stevens, Scalia, Kennedy, Ginsburg, Breyer, and Alito, JJ., joined, and in which Thomas J., joined as to all but Part III–A. Thomas, J., filed an opinion concurring in part. Environmental Defense v. Duke Energy Corp., No. 05-848, 37 ELR 20076 (U.S. Apr. 2, 2007) (24 pp.).

FALSE CLAIMS ACT, ORIGINAL SOURCE:

The U.S. Supreme Court reversed a Tenth Circuit ruling in favor of an engineer who filed a qui tam suit against his former employer--a nuclear weapons plant--under the False Claims Act. While working at the plant, the engineer predicted that the company's system for creating solid "pondcrete" blocks from toxic pond sludge and cement would not work due to problems in piping the sludge. A year after being laid off, the engineer filed suit under §3730 of the False Claims Act alleging that the plant knowingly presented false and fraudulent claims to the government concerning its compliance with various environmental laws in order to induce the government to make payments or approvals under a contract. The Federal Claims Act eliminates federal-court jurisdiction over actions under §3730 that are based upon the public disclosure of allegations or transactions "unless the action is brought by the Attorney General or the person bringing the action is an original source of the information." Concluding that the engineer was an "original source," the lower court found in favor of the engineer and the government, which intervened in the case. The Supreme Court disagreed. The engineer did not meet the requirement that a relator have "direct and independent knowledge of the information on which the allegations are based" for purposes of being an original source. The only false claim found by the jury involved pondcrete discovered after the engineer left his employment. Thus, he did not know that the pondcrete had failed; he had only predicted it. Scalia, J., delivered the opinion of the Court, in which Roberts, C.J., and Kennedy, Souter, Thomas, and Alito, JJ., joined. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined. Breyer, J., took no part in the consideration or decision of the case. Rockwell International Corp. v. United States, No. 05-1272, 37 ELR 20071 (U.S. Mar. 27, 2007) (28 pp.).

CWA, DISCHARGES, "KNOWINGLY":

The Fourth Circuit upheld the conviction of a trailer park sewage lagoon operator for knowingly discharging a pollutant from a point source into navigable waters without a permit in violation of the CWA. The operator claimed that the lower court should have acquitted him because the government failed to prove that he knew that he was discharging pollutants into U.S. waters. But the language "knowingly" in CWA §309 does not require the government to establish a defendant's knowledge as to the jurisdictional status of the waters affected. Rather, it requires a showing that the defendant knowingly discharged pollutants. And because the creek into which the lagoon discharges and treated sewage flows is a tributary of an interstate water, the CWA and NPDES program apply. United States v. Cooper, No. 05-4956, 37 ELR 20073 (4th Cir. Mar. 28, 2007) (16 pp.).

CWA, NEPA, MOUNTAINTOP REMOVAL COAL MINING:

A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA in issuing four permits to fill headwater streams in conjunction with mountaintop removal coal mining. The permits would have allowed the stripping of about 3,800 acres of land and the burial of more than 12 miles of streams. The Corps issued a FONSI for the permits rather than preparing an EIS. In so doing, the court ruled that the Corps failed to take a "hard look" at whether the impacts to the environment are significant under NEPA. Although the Corps evaluated the physical structure of the streams and partially considered impacts to those streams as habitat, it gave "no more than lip service to the other attributes of headwaters that must be considered in assessing the structure and function of a stream." Moreover, in determining that EISs were not necessary, the Corps relied on the permits' mitigation measures for offsetting stream loss. It reasoned that the permanent destruction of headwater streams would be rendered insignificant if the mitigation work covered an equal or greater length of other streams. But there is no explanation for how the mitigation proposed will replace what will be lost. Further, while the mitigation plans' performance standards purport to ensure success, the plans are flawed. The mitigation plans, therefore, violate NEPA standards and do not support the FONSI determination. The court also noted that the scientific community is "skeptical of the likelihood that important headwater stream functions will actually be achieved in manmade streams," and that the Corps has "too little experience to support its faith in stream creation as an acceptable means of compensatory mitigation." Rather than ordering the Corps to issue an EIS for each permit, the court remanded them for reconsideration in light of the opinion. Ohio Valley Environmental Coalition v. United States Army Corps of Engineers, No. 3:05-0784, 37 ELR 20070 (S.D.W.V. Mar. 23, 2007) (Chambers, J.) (89 pp.).

LAND USE, SEWAGE TREATMENT, VARIANCE:

New York's highest court ordered the modification of a lower court decision reversing a local agency's denial of a landowner's request for a variance to build an underground sewage treatment system within the New York City watershed. The agency denied the variance application because the landowner failed to propose adequate mitigation measures for stormwater runoff and failed to provide information on his other real estate holdings in the area to demonstrate hardship. The lower court correctly concluded that the agency acted beyond the scope of its authority in considering stormwater runoff issues and impervious surface impacts for which no variance was required. Likewise, the court correctly concluded that it was an abuse of discretion to deny the variance application on the basis that the landowner did not provide information on his other real estate holdings "in the immediate vicinity" of the subject parcel. The agency, however, may reasonably request information about an applicant's contiguous real estate holdings because an applicant who could combine lots may be able to minimize any hardship. Because the landowner failed to provide information concerning contiguous holdings to the agency, the question whether he demonstrated substantial hardship must be remitted to the agency for reconsideration. Nilsson v. Department of Environmental Protection of New York, No. 37, 37 ELR 20077 (N.Y. Ct. App. Apr. 3, 2007) (9 pp.).

LAND USE, EQUITABLE ESTOPPEL:

A California appellate court held that the doctrine of equitable estoppel does not bar the California Coastal Commission from ordering homeowners to remove a private three-hole golf course from around their house and to restore the area to its native sand dune vegetation. The property was burdened by an open-space easement and certain permit requirements, but when the prior homeowners sold the property to the current owners, they failed to disclose the fact that the golf course violated those restrictions. The Commission then learned of the violations and ordered cease-and-desist and restoration orders against the current owners. A lower court estopped the orders, reasoning that the Commission should have known of the violations because the golf course has been easily visible for 18 years. But it was unreasonable for the lower court to conclude that the mere sight of the golf course should have put the Commission on notice of a violation or triggered a duty to investigate. Rather, the Commission did not become aware of the easement and permit violations until after the property was purchased by its present owners. Nor does the evidence show that the Commission knowingly, but passively, assented to the golf course even though it violated easement and permit restrictions. And any injustice suffered by the homeowners in having to comply with the Commission's orders is outweighed by the injustices to the public were the orders estopped. The court, therefore, reversed the lower court's estoppel of the orders. Feduniak v. California Coastal Comm'n, No. H028931, 37 ELR 20072 (Cal. 6th App. Dist. Mar. 27, 2007) (42 pp.).

LAND USE, CALIFORNIA ENVIRONMENTAL QUALITY ACT:

A California court upheld the dismissal of a petition under the California Environmental Quality Act (CEQA) challenging a city's approval of a redevelopment project involving both the rehabilitation of a historic theater and the construction of an adjacent multi-screen cineplex and parking structure. The city determined that the project did not require preparation of an environmental impact report (EIR) under CEQA and instead adopted a mitigated negative declaration. Because the petition was filed after the statute of limitations for mitigated negative declarations had passed, §21166 of the Public Resources Code applies, and the original mitigated negative declaration stands. No subsequent or supplemental environmental review is required. Citizens for a Megaplex-Free Alameda v. City of Alameda, No. A114941, 37 ELR 20074 (Cal. App. 1st Dist. Mar. 29, 2007) (27 pp.).

Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register (FR).

AIR:

  • EPA took final action to determine that HCFC-22 and HCFC-142b are unacceptable substitutes for use in the foam sector under the significant new alternatives policy program under CAA §612. 72 FR 14432 (3/28/07).
  • EPA proposed six NESHAPs for seven area source categories: acrylic and modacrylic fibers production, carbon black production, chemical manufacturing of chromium compounds, flexible polyurethane foam production, flexible polyurethane foam fabrication, lead acid battery manufacturing, and wood preserving. 72 FR 16635 (4/4/07).
  • EPA proposed a comprehensive program to dramatically reduce emissions from diesel locomotives of all types and marine diesel engines below 30 liters per cylinder displacement; in addition, the Agency proposed long-term emissions standards for newly-built locomotives and marine diesel engines based on the application of high-efficiency catalytic aftertreatment technology. 72 FR 15937 (4/3/07).
  • EPA approved Rhode Island's CAA §111(d) and §129 negative declaration that there are no existing "other solid waste incineration'' units located within the boundaries of the state. 72 FR 17025 (4/6/07).
  • EPA proposed to approve a CAA §111(d) and §129 negative declaration submitted by Rhode Island that adequately certifies that there are no existing "other solid waste incineration'' units located within the boundaries of the state; see above for direct final rule. 72 FR 17068 (4/6/07).
  • SIP Approvals: Arizona (boundary redesignation and attainment finding) 72 FR 14422 (3/28/07); (basic and enhanced vehicle emissions inspection programs) 72 FR 15046 (3/30/07). Indiana (emission reporting rule) 72 FR 14678 (3/29/07). Delaware (materials incorporated by reference) 72 FR 15839 (4/3/07). Ohio (volatile organic compound emission control measures) 72 FR 15045 (3/30/07); (motor vehicle emissions budgets (MVEBs); Dayton-Springfield) 72 FR 15879 (4/3/07); (MVEBs; Canton, Lima, Parkersburg, Steubenville-Weirton, and Wheeling) 72 FR 15879 (4/3/07).
  • SIP Proposals: Arizona (boundary redesignation and attainment finding; see above for direct final rule) 72 FR 14502 (3/28/07). Indiana (emission reporting rule; see above for direct final rule) 72 FR 14728 (3/29/07). Ohio (gasoline volatility control) 72 FR 14729 (3/29/07).
  • SIP Withdrawal: Texas (carbon monoxide NAAQS and motor vehicle emission budgets). 72 FR 14043 (3/26/07).

HAZARDOUS & SOLID WASTE:

  • EPA granted a petition to exclude (delist) wastewater treatment plant sludges from conversion coating on aluminum generated by AutoAlliance International, Inc., a Ford/Mazda joint venture company in Flat Rock, Michigan, from the list of hazardous wastes. 72 FR 17027 (4/6/07).
  • EPA entered into a proposed agreement under CERCLA concerning the Denova Superfund site in Rialto, California, that requires the settling parties to pay $1,246,160 for recovery of response costs. 72 FR 14552 (3/28/07).
  • EPA codified and incorporated by reference authorized provisions of New York's hazardous waste management program. 72 FR 14044 (3/26/07).
  • EPA proposed to revise the codification of New York's authorized hazardous waste management program and will incorporate by reference those authorized provisions; see above for immediate final rule. 72 FR 14059 (3/26/07).

OFFICE OF THE PRESIDENT:

  • The President issued Executive Order No. 13428 pertaining to the renaming of the Caribbean National Forest to the El Yunque National Forest; the national forest is located in Puerto Rico. 72 FR 16691 (4/4/07).

PESTICIDES:

  • EPA announced that in October 2007, it will make a presentation to the FIFRA Scientific Advisory Panel concerning the Agency's evaluation of the scientific research investigating whether exposure to the herbicide atrazine potentially affects amphibian gonadal development. 72 FR 16357 (4/4/07).

TOXIC SUBSTANCES:

  • EPA promulgated significant new use rules (SNURs) under TSCA §5(a)(2) for 65 chemical substances which were the subject of premanufacture notices; in addition, the Agency provided notification on two substances for which it has decided not to issue SNURs at this time. 72 FR 14681 (3/29/07).

WILDLIFE:

  • FWS added staghorn and elkhorn corals, the southern distinct population segment (DPS) of green sturgeon, and the Southern Resident killer whale DPS to the list of endangered and threatened wildlife. 72 FR 16284 (4/4/07).
  • FWS established a DPS of the grizzly bear for the greater Yellowstone area and surrounding area and removed this DPS from the list of threatened and endangered wildlife; the agency also announced its 90-day finding on a petition to list the Yellowstone grizzly bear population as endangered and to designate critical habitat, determining that listing the species is not warranted at this time 72 FR 14865 (3/29/07).
  • FWS announced a 90-day finding on a petition to list the Siskiyou Mountains salamander and Scott Bar salamander as threatened or endangered under the ESA; the agency found that listing these species may be warranted at this time and initiated status reviews of these species. 72 FR 14750 (3/29/07).
  • FWS proposed to designate critical habitat in Chaves, Cibola, Guadalupe, Socorro, and Valencia counties, New Mexico, and in Pecos County, Texas, for the Pecos sunflower. 72 FR 14327 (3/27/07).
  • FWS announced the availability of a final implementation schedule for the South Florida Multi-Species Recovery Plan. 72 FR 14132 (3/26/07).
  • FWS announced the availability of the draft economic analysis for the proposed critical habitat designation of two southern California plants: Vail Lake ceanothus and Mexican flannelbush; in addition, the agency announced that it amended the Required Determinations section of the proposal. 72 FR 16756 (4/5/07).
  • NOAA-Fisheries published its final List of Fisheries for 2007 that reflects new information on interactions between commercial fisheries and marine mammals. 72 FR 14466 (3/28/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Frontenac Mining, Ltd., No. 06-cv-00275-WYD-MEH (D. Colo. Mar. 15, 2007). Settling CERCLA defendants must sell certain properties, must remit a percentage of the net sale proceeds up to the amount of $200,000, and must provide access to and use of their property for remedial purposes to resolve claims of releases or threatened releases of hazardous substances at and from the property within the Clear Creek Superfund site in Gilpin County, Colorado. 72 FR 14830 (3/29/07).
  • In re Hayes Lemmerz International, Inc., No. 01-11490 (Bankr. D. Del. Feb. 21, 2007). Settling CERCLA and Chapter 11 of the United States Bankruptcy Code debtors must liquidate and pay unsecured claims totaling $1,065,123 for response costs in connection with The Operating Industries, Inc. Superfund site in Monterey Park, California; the Aqua Tech Superfund site in Greer, South Carolina; the Four County Landfill Superfund site in Rochester, Indiana; the Container Recycling Superfund site in Kansas City, Kansas; the Reclamation Oil Superfund site in Detroit, Michigan; and the Swope Oil Superfund site in Pennsauken, New Jersey. 72 FR 14831 (3/29/07).
  • United States v. PPL Montana, LLC, No. 1:07-CV-00040-RFC-CSO (D. Mont. Mar. 19, 2007). Settling CAA defendants must pay a $50,000 civil penalty, must fund an energy efficiency project for the benefit of members of the Northern Cheyenne Tribe, must install and operate low-nitrogen oxide burners and overfire air on Colstrip Units 3 and 4, and must meet defined emission limits until defendants obtain applicable permits to resolve claims that took place at the Colstrip Power Plant in Montana. 72 FR 14831 (3/29/07).
  • United States v. Allied Waste Industries, No. 06-5245 (N.D. Ill. Mar. 23, 2007). Settling CERCLA defendants must collectively pay a total of $2,120,000 to the Hazardous Substance Superfund for past response costs and prejudgment interest incurred at the Tri-County/Elgin Landfills Superfund site located near Elgin, Illinois. 72 FR 16820 (4/5/07).
  • United States v. Glacier Northwest, Inc., No. C07-5121RJB (W.D. Wash. Mar. 15, 2007). A settling CERCLA defendant must pay $187,512.00 for natural resource damages and must pay $20,804.24 in damage assessment costs for releasing hazardous substances into Commencement Bay, Washington . 72 FR 16821 (4/5/07).
  • United States v. IMC Magnetics, Inc. No. CV07-568-PHX-SRB (D. Ariz. Mar. 16, 2007). Settling CERCLA defendants must collectively pay a total of $2,225,000 in response costs incurred at the South Indian Bend Wash Superfund site in Tempe, Arizona. 72 FR 16821 (4/5/07).
  • Lyondell Chemical Co. v. Albemarle Corp., No. 01CV890 (E.D. Tex. Mar. 20, 2007). Settling CERLCA defendants must pay $6.9 million, plus interest, in past costs incurred at the Petro-Chemical Systems, Inc. Superfund site in Liberty County, Texas; must remediate two of the three remaining known contaminated areas at an estimated cost of $13.4 million; must pay approximately $3.1 million for costs incurred after July 31, 2004; and must pay $5,837,000 in remedial action costs. 72 FR 16821 (4/5/07).
  • United States v. Nacirema Environmental Services Co., Inc., No. 07-1361 (D.N.J. Mar. 23, 2007). A settling CAA defendant that failed to notify EPA before demolishing at least 18 facilities in New Jersey and New York, failed to comply with an EPA request for information, and failed to comply with an EPA administrative compliance order must pay a civil penalty of $65,000, must spend an additional $65,000 on a supplemental environmental project involving asbestos abatement in low-income homes, and must provide additional injunctive relief including asbestos training and management reforms. 72 FR 16822 (4/5/07).
  • United States v. PSD Queens Drive LP, No. 2:07-cv-01137- GP (E.D. Pa. Mar. 22, 2007). Settling CERCLA defendants must pay $75,000 in reimbursement of response costs, must pay future response costs, and must continue implementation of a long-term groundwater remedy to resolve claims related to the Stanley Kessler Superfund site in Montgomery County, Pennsylvania. 72 FR 16822 (4/5/07).
  • United States v. Raybestos Products Co., No. 1:07-cv-00374-DFH-TAB (S.D. Ind. Mar. 21, 2007). A settling CERCLA defendant must pay $119,519.18 in partial reimbursement of response costs incurred at the Shelly Ditch Reach 4 Superfund site in Crawfordsville, Indiana. 72 FR 16823 (4/5/07).
  • United States v. Streich Bros., Inc., No. C07- 5120RJB (W.D. Wash. Mar. 15, 2007). A settling CERCLA defendant must pay $181,948.00 for natural resource damages and must pay $20,189.15 in damage assessment costs for releasing hazardous substances into Commencement Bay, Washington. 72 FR 16823 (4/5/07).

GUIDANCE DOCUMENTS:

  • U.S. EPA, A Screening Assessment of the Potential Impacts of Climate Change on Combined Sewer Overflow (CSO) Mitigation in the Great Lakes and New England Regions (Draft), 72 FR 14803 (3/29/07) (also available from the ELR Guidance & Policy Collection, AD05041).
  • U.S. EPA, A Screening Assessment of the Potential Impacts of Climate Change on the Costs of Implementing Water Quality-Based Effluent Limits at Publicly-Owned Treatment Works in the Great Lakes Region (Draft), 72 FR 14807 (3/29/07) (also available from the ELR Guidance & Policy Collection, AD05042).
  • U.S. EPA, Current Best Practices for Preventing Asbestos Exposure Among Brake and Clutch Repair Workers (draft), 72 FR 15690 (4/2/07) (also available from the ELR Guidance & Policy Collection, AD05043).
  • U.S. EPA, Memorandum from Benjamin H. Grumbles, Assistant Administrator for Water, on Climate Change and the National Water Program (Mar. 1, 2007) (also available from the ELR Guidance & Policy Collection, AD05040).

Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

THE CONGRESSNote: Citations below are to the Congressional Record (Cong. Rec.).

CHAMBER ACTION:

  • S. Res. 131 (asbestos), which would designate the first week of April 2007 as "National Asbestos Awareness Week," was passed by the Senate. 153 Cong. Rec. S4223-24 (daily ed. Mar. 29, 2007).
  • H.R. 802 (Maritime Pollution Prevention Act of 2007), which would amend the Act to Prevent Pollution from ships to implement MARPOL Annex VI, was passed by the House. 153 Cong. Rec. H3025-38, H3053 (daily ed. Mar. 26, 2007).

COMMITTEE ACTION:

  • S. 39 (NOAA) was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 110-39, 153 Cong. Rec. S3834-35 (daily ed. Mar. 27, 2007). The bill would establish a coordinated national ocean exploration program within NOAA.
  • S. Res. 30 (climate change) was reported by the Committee on Foreign Relations. 153 Cong. Rec. S4159 (daily ed. Mar. 29, 2007). The resolution would express the sense of the Senate regarding the need for the United States to address global climate change through the negotiation of fair and effective international commitments.
  • H.R. 518 (solid waste) was reported by the Committee on Energy and Commerce. H. Rep. 110-81, 153 Cong. Rec. H3356 (daily ed. Mar. 29, 2007). The bill would amend the Solid Waste Disposal Act to authorize states to restrict receipt of foreign municipal solid waste and implement the Agreement concerning the Transboundary Movement of Hazardous Waste between the United States and Canada.
  • H.R. 1495 (water) was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 110-80, 153 Cong. Rec. H3356 (daily ed. Mar. 29, 2007). The bill would provide for conservation and development of water and related resources, and authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States.

BILLS INTRODUCED:

  • S. 975 (Thune, R-S.D.) (forests) would grant the consent and approval of Congress to an interstate forest fire protection compact. 153 Cong. Rec. S3706 (daily ed. Mar. 23, 2007). The bill was referred to the Committee on the Judiciary.
  • S. 987 (Bingaman, D-N.M.) (biofuels) would enhance the energy security of the United States by promoting biofuels. 153 Cong. Rec. S3750 (daily ed. Mar. 26, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 992 (Boxer, D-Cal.) (energy efficiency) would achieve emission reductions and cost savings through accelerated use of cost-effective lighting technologies in public buildings. 153 Cong. Rec. S3835 (daily ed. Mar. 27, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1007 (Lugar, R-Ind.) (biofuels) would direct the Secretary of State to work with the Government of Brazil and other foreign governments to develop partnerships that will strengthen diplomatic relations and energy security by accelerating the development of biofuels production, research, and infrastructure to alleviate poverty, create jobs, and increase income, while improving energy security and protecting the environment. 153 Cong. Rec. S4047 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Foreign Relations.
  • S. 1008 (Sanders, I-Vt.) (atomic energy) would amend the Atomic Energy Act of 1954 to improve and strengthen the safety inspection process of nuclear facilities. 153 Cong. Rec. S4047 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1016 (Menendez, D-N.J.) (public utilities) would amend the Public Utility Regulatory Policies Act of 1978 to promote energy independence and self-sufficiency by providing for the use of net metering by certain small electric energy generation systems. 153 Cong. Rec. S4047 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1018 (Durbin, D-Ill.) (climate change) would address security risks posed by global climate change. 153 Cong. Rec. S4047 (daily ed. Mar. 28, 2007). The bill was referred to the Select Committee on Intelligence.
  • S. 1020 (Hutchison, R-Tex.) (energy) would move toward energy independence through a coordinated development of renewable energy sources, including wave, solar, wind, geothermal, and biofuels production. 153 Cong. Rec. S4047 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1028 (Kohl, D-Wis.) (energy) would require the Secretary of Energy to establish a strategic refinery reserve. 153 Cong. Rec. S4159 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1029 (Kohl, D-Wis.) (Food Security Act) would amend the Food Security Act of 1985 to provide incentives to landowners to protect and improve streams and riparian habitat. 153 Cong. Rec. S4159 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 1033 (Lieberman, I-Conn.) (conservation) would assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of nations within the range of rare felid and rare canid populations and projects of persons with demonstrated expertise in the conservation of rare felid and rare canid populations. 153 Cong. Rec. S4160 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1037 (Smith, R-Ohio) (water) 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. 153 Cong. Rec. S4160 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1039 (Lautenberg, D-N.J.) (coastal heritage trail) would extend the authorization for the Coastal Heritage Trail in the state of New Jersey. 153 Cong. Rec. S4160 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1048 (Feingold, D-Wis.) (conservation) would assist in the conservation of cranes by supporting and providing, through projects of persons and organizations with expertise in crane conservation, financial resources for the conservation programs of countries the activities of which directly or indirectly affect cranes and the ecosystems of cranes. 153 Cong. Rec. S4160 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1053 (Feinstein, D-Cal.) (resources) would provide for a resource study of the area known as the Rim of the Valley Corridor in the state of California to evaluate alternatives for protecting resources of the corridor. 153 Cong. Rec. S4160 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1054 (Feinstein, D-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Inland Empire regional recycling project and in the Cucamonga Valley Water District recycling project. 153 Cong. Rec. S4160 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1057 (Burr, R-N.C.) (rivers) would amend the Wild and Scenic Rivers Act to designate certain segments of the New River in the state of North Carolina and the commonwealth of Virginia as a component of the National Wild and Scenic Rivers System. 153 Cong. Rec. S4160 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1059 (Clinton, D-N.Y.) (energy) would amend the Energy Conservation and Production Act to improve federal building energy efficiency standards. 153 Cong. Rec. S4160 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1067 (Obama, D-Ill.) (environmental quality) would require federal agencies to support health impact assessments and take other actions to improve health and the environmental quality of communities. 153 Cong. Rec. S4161 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Health, Education, Labor, and Pensions.
  • S. 1072 (Stevens, R-Alaska) (energy) would require federal agencies to conduct their environmental, transportation, and energy-related activities in support of their respective missions in an environmentally, economically, and fiscally sound manner. 153 Cong. Rec. S4161 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Homeland Security and Governmental Affairs.
  • S. 1073 (Feinstein, D-Cal.) (CAA) would amend the CAA to promote the use of fuels with low lifecycle greenhouse gas emissions, establish a greenhouse gas performance standard for motor vehicle fuels, and require a significant decrease in greenhouse gas emissions from motor vehicles. 153 Cong. Rec. S4161 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. Con. Res. 24 (Reid, D-Nev.) (climate change) would authorize the use of Capitol grounds for the Live Earth Concert. 153 Cong. Rec. S3706 (daily ed. Mar. 23, 2007). The concurrent resolution was referred to the Committee on Rules and Administration.
  • H.R. 1662 (Napolitano, D-Cal.) (dams) would amend the Reclamation Safety of Dams Act of 1978 to authorize improvements for the security of dams and other facilities. 153 Cong. Rec. H3016 (daily ed. Mar. 23, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1674 (Spratt, D-S.C.) (national parks) would authorize the Secretary of the Interior to study the suitability and feasibility of designating the site of the Battle of Camden in South Carolina, as a unit of the National Park System. 153 Cong. Rec. H3017 (daily ed. Mar. 23, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1679 (Ros-Lehtinen, R-Fla.) (coastal resources) would protect the environmental integrity of coral reefs and other coastal marine resources from exploration, development, and production activities for petroleum resources located in a maritime exclusive economic zone of the United States that is contiguous to a foreign exclusive economic zone. 153 Cong. Rec. H3079 (daily ed. Mar. 26, 2007). The bill was referred to the Committee on the Judiciary and Committees on Foreign Affairs, Financial Services, and Oversight and Government Reform.
  • H.R. 1682 (Frank, D-Mass.) (flood insurance) would restore the financial solvency of the national flood insurance program. 153 Cong. Rec. H3079 (daily ed. Mar. 26, 2007). The bill was referred to the Committee on Financial Services.
  • H.R. 1702 (Woolsey, D-Cal.) (energy efficiency) would reallocate funds toward priorities such as improved children's education, increased children's access to health care, expanded job training, and increased energy efficiency and conservation through a reduction of defense spending. 153 Cong. Rec. H3080 (daily ed. Mar. 26, 2007). The bill was referred to the Committee on Armed Services and Committees on Energy and Commerce, Education and Labor, Homeland Security, Foreign Affairs, and Veterans' Affairs.
  • H.R. 1705 (Lipinski, D-Ill.) (energy efficiency) would amend title 40, U.S. Code, to direct the Administrator of General Services to install energy-efficient lighting fixtures and bulbs in constructing, altering, and maintaining public buildings. 153 Cong. Rec. H3183 (daily ed. Mar. 27, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1714 (Mack, R-Fla.) (coastal resources) would clarify the boundaries of Coastal Barrier Resources System Clam Pass Unit FL-64P. 153 Cong. Rec. H3183 (daily ed. Mar. 27, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1716 (McCaul, R-Tex.) (green building) would authorize higher education curriculum development and graduate training in advanced energy and green building technologies. 153 Cong. Rec. H3183 (daily ed. Mar. 27, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 1717 (McCaul, R-Tex.) (security) would amend the Homeland Security Act of 2002 to establish a National Bio and Agro-defense Facility. 153 Cong. Rec. H3183 (daily ed. Mar. 27, 2007). The bill was referred to the Committee on Homeland Security and Committees on Agriculture, and Energy and Commerce.
  • H.R. 1725 (Bono, R-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Rancho California Water District Southern Riverside County Recycled/Non-Potable Distribution Facilities and Demineralization/Desalination Recycled Water Treatment and Reclamation Facility Project. 153 Cong. Rec. H3277 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1728 (Honda, D-Cal.) (climate change) would authorize the National Science Foundation to establish a Global Warming Education Program. 153 Cong. Rec. H3277 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 1731 (Baird, D-Wash.) (national parks) would eliminate the annual operating deficit and maintenance backlog in the national parks. 153 Cong. Rec. H3277-78 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Natural Resources and Committee on Ways and Means.
  • H.R. 1736 (Cannon, R-Utah) (water) would amend the Reclamation Projects Authorization and Adjustment Act of 1992 to provide for conjunctive use of surface and groundwater in Juab County, Utah. 153 Cong. Rec. H3278 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1737 (Capps, D-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of permanent facilities for the GREAT project to reclaim, reuse, and treat impaired waters in the area of Oxnard, California. 153 Cong. Rec. H3278 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1747 (Solis, D-Cal.) (SDWA) would amend the SDWA to require a national primary drinking water regulation for perchlorate. 153 Cong. Rec. H3278 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1751 (Young, R-Alaska) (hazards) would establish a coordinated avalanche protection program. 153 Cong. Rec. H3278 (daily ed. Mar. 28, 2007). The bill was referred to the Committee on Natural Resources and Committees on Agriculture and Oversight and Government Reform.
  • H.R. 1753 (Weller, R-Ill.) (remediation) would amend the Internal Revenue Code of 1986 to make the expensing of environmental remediation costs permanent law and to repeal the recapture of such expenses under section 1245 of such Code. 153 Cong. Rec. H3357 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1766 (Van Hollen, D-Md.) (Chesapeake Bay) would amend conservation and biofuels programs of the USDA to promote the compatible goals of economically viable agricultural production and reducing nutrient loads in the Chesapeake Bay and its tributaries by assisting agricultural producers to make beneficial, cost-effective changes to cropping systems, grazing management, and nutrient management associated with livestock and poultry production, crop production, bioenergy production, and other agricultural practices on agricultural land within the Chesapeake Bay watershed. 153 Cong. Rec. H3357 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Agriculture.
  • H.R. 1768 (Gordon, D-Tenn.) (technology) would provide for the demonstration and commercial application of innovative energy technologies derived from federally sponsored research and development programs by incorporating those technologies into federal buildings and associated facilities. 153 Cong. Rec. H3357 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 1769 (Baird, D-Wash.) (Marine Mammal Protection Act (MMPA)) would amend the MMPA to reduce predation on endangered Columbia River salmon. 153 Cong. Rec. H3357 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1771 (Baldwin, D-Wis.) (conservation) would assist in the conservation of cranes by supporting and providing, through projects of persons and organizations with expertise in crane conservation, financial resources for the conservation programs of countries the activities of which directly or indirectly affect cranes and the ecosystems of cranes. 153 Cong. Rec. H3357 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1772 (Blumenauer, D-Or.) (wind energy) would amend the Internal Revenue Code of 1986 to provide credits for the installation of wind energy property, including by rural homeowners, farmers, ranchers, and small businesses. 153 Cong. Rec. H3357 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1795 (Grijalva, D-Ariz.) (public policy) would amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992. 153 Cong. Rec. H3358 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Education and Labor and Committee on Natural Resources.
  • H.R. 1798 (Hirono, D-Haw.) (national parks) 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. 153 Cong. Rec. H3359 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1803 (Hunter, R-Cal.) (water) would direct the Secretary of the Interior to conduct a feasibility study to design and construct a four reservoir intertie system for the purposes of improving the water storage opportunities, water supply reliability, and water yield of San Vicente, El Capitan, Murray, and Loveland Reservoirs in San Diego County, California in consultation and cooperation with the City of San Diego and the Sweetwater Authority. 153 Cong. Rec. H3359 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1814 (Lewis, R-Ky.) (chemicals) would amend the Internal Revenue Code of 1986 to provide a credit to certain agriculture-related businesses for the cost of protecting certain chemicals. 153 Cong. Rec. H3359 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1815 (LoBiondo, R-N.J.) (coastal heritage trail) would extend the authorization for the Coastal Heritage Trail in the state of New Jersey. 153 Cong. Rec. H3359 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1816 (Mack, R-Fla.) (water) would amend the Water Resources Development Act of 2000. 153 Cong. Rec. H3359 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1821 (McDermott, D-Wash.) (clean energy) would amend the Internal Revenue Code of 1986 to modify the rules relating to clean energy renewable bonds. 153 Cong. Rec. H3360 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1832 (Ros-Lehtinen, R-Fla.) (hurricanes) would establish the National Hurricane Research Initiative to improve hurricane preparedness. 153 Cong. Rec. H3360 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 1833 (Salazar, D-Colo.) (water) would authorize the Secretary of the Interior to engage in a feasibility study relating to long-term water needs for the area served by the Fryingpan-Arkansas Project, Colorado. 153 Cong. Rec. H3360 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1834 (Saxton, R-N.J.) (NOAA) would authorize the national ocean exploration program and the national undersea research program within NOAA. 153 Cong. Rec. H3360 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Science and Technology and Committees on Natural Resources, and Armed Services.
  • H.R. 1835 (Schiff, D-Cal.) (natural resources) would provide for a resource study of the area known as the Rim of the Valley Corridor in the state of California to evaluate alternatives for protecting resources of the corridor. 153 Cong. Rec. H3360 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1836 (Shays, R-Conn.) (land use) would amend the acquisition authority for land for the development of visitor and administrative facilities at Weir Farm National Historic Site in the state of Connecticut. 153 Cong. Rec. H3360 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1842 (Stupak, D-Mich.) (SDWA) would amend the SDWA to prevent acid mine drainage into the Great Lakes. 153 Cong. Rec. H3361 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1844 (Stupak, D-Mich.) (CWA) would amend the CWA to prevent acid mine drainage into the Great Lakes. 153 Cong. Rec. H3361 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1847 (Udall, D-Colo.) (national trails) would amend the National Trails System Act to clarify federal authority relating to land acquisition from willing sellers for the majority of the trails in the System. 153 Cong. Rec. H3361 (daily ed. Mar. 29, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1855 (Radanovich, R-Cal.) (water) would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply Enhancement Project. 153 Cong. Rec. H3374-75 (daily ed. Mar. 30, 2007). The bill was referred to the Committee on Natural Resources.
  • H. Con. Res. 104 (Carnahan, D-Mo.) (climate change) would express the sense of Congress regarding the need for the United States to address global climate change through the negotiation of fair and effective international commitments. 153 Cong. Rec. H3361 (daily ed. Mar. 29, 2007). The concurrent resolution was referred to the Committee on Foreign Affairs.

Copyright© 2007, 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 2007, 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 2007, visit the ELR Archives.

The states below have updates this week:

AlabamaDelawareKentuckyNew HampshireSouth Dakota ArizonaFloridaLouisianaNew Mexico UtahArkansasIdahoMaineNew YorkVermontCaliforniaIllinoisMarylandNorth Carolina VirginiaColoradoIndianaMassachusettsOregonWashingtonConnecticutIowaMontanaSouth Carolina Wisconsin

ALABAMA

Fisheries:

  • The Department of Conservation and Natural Resources is soliciting public comment on proposed amendments to 220-2-.42, Division of Wildlife and Freshwater Fisheries and Marine Resources Division Jurisdictional Lines for Certain Fishing Licenses and Operations; Use and Possession of Certain Nets. Comments are due May 7, 2007. See http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-MAR-07/220-2-.42.pdf
  • The Department of Conservation and Natural Resources is soliciting public comment on proposed amendments to Rule 220-3-.03, Use of Nets and Harvest of Mullet, and Rule 220-3-.25, Commercial Taking and Landing of Red Snapper. Rule 220-3-.03 concerns the operation and use of certain nets, net mesh size, and closures. Rule 220-3-.25 concerns certain purchases and the commercial taking and landing of red snapper. Comments are due May 7, 2007. See http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-MAR-07/220-3-.03&220-3-.25.pdf

Land Use:

  • The Department of Conservation and Natural Resources is soliciting public comment on proposed amendments to Rule 220-4-.15 to provide for the regulation of certain conduct and activities on certain lands under the jurisdiction of the State Lands Division, including but not limited to, hunting, camping, and use of firearms. Comments are due Mary 7, 2007. See http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-MAR-07/220-4-.15.pdf

Toxic Substances:

Water:

  • The Department of Conservation and Natural Resources is soliciting public comment on proposed new Rule 220-6-.55, Lakes Permit Regulation. This rule provides for the administration and enforcement of Act 2006-398, concerning the operation of certain vessels on Lake Harris, Lake Martin, and Weiss Lake, and the issuance of certain permits. Comments are due Mary 7, 2007. See http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-MAR-07/220-6-.55.pdf

Wildlife:

ARIZONA

Air:

  • The Department of Environmental Quality has adopted amendments to R18-2-401, concerning permit requirements for new major sources and major modifications to existing major sources, so that the definition of "dispersion technique" at R18-2-401(4) reflects the definition of "dispersion technique" at R18-2-301(6). The amendment becomes effective May 5, 2007. See http://www.azsos.gov/public_services/Register/2007/13/final.pdf (p. 1134)

Hazardous and Solid Waste:

  • The Department of Environmental Quality has adopted changes to update and revise A.A.C. Title 18, Chapter 7, Article 2 to be consistent with current scientific data and statute. The amendments provide the basis for conducting remediation of soil in accordance with A.R.S. §§49-151 and 152, A.R.S. § 33-434.01, and other applicable environmental statutes. The amendments become effective May 5, 2007. See http://www.azsos.gov/public_services/Register/2007/12/final.pdf (p. 972)

ARKANSAS

Water:

  • The Arkansas Pollution Control and Ecology Commission held a public hearing to receive comments on a third-party proposal by Clean Harbors El Dorado, LLC, to change the Arkansas Water Quality Standards (PC&EC Regulation No. 2) for Boggy Creek in Union County, which receives a wastewater discharge from Clean Harbors’ hazardous waste treatment and incineration facility. The hearing was held March 19, 2007. See http://www.adeq.state.ar.us/poa/pa/pn_reg_notice.as

CALIFORNIA

Hazardous and Solid Waste:

  • The Environmental Protection Agency will hold a public hearing on proposed amendments to the California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, article 6, section 15290; article 9, section 15400; and article 10, section 15600. These amendments relate to the Unified Program Consolidated Forms and Supporting Data Dictionary Changes. The hearing will be held May 11, 2007. Comments are due May 7, 2007. See http://www.oal.ca.gov/notice/12z-2007.pdf (p. 532).
  • The Department of Toxic Substances Control will hold a public hearing on proposed amendments to California Code of Regulations, title 22, sections 66270.67, 66270.69, 66270.69.1, 66270.69.2, 66270.69.3, 66270.69.4, 66270.69.5, 67800.1, and 67800.5, concerning the permitting of hazardous waste management facilities. For clarity, the standardized permit sections are being proposed to be removed from article 5 and placed in a new article dedicated to standardized permitting, article 6.5. The proposed regulations will apply to both new applicants and to existing standardized permit facilities when those facilities apply for a permit renewal. Comments are due May 8, 2007. The hearing will be held May 8, 2007. See http://www.oal.ca.gov/notice/12z-2007.pdf (p. 530)

Toxic Substances:

  • The Environmental Protection Agency is soliciting public comments on proposed amendments to California Code of Regulations, title 22, section 12805, Specific Regulatory Levels: Chemicals Causing Reproductive Toxicity. The Office of Environmental Health Hazard Assessment proposes to establish specific regulatory levels having no observable effect for three chemicals--ethylene glycol monoethyl ether, ethylene glycol monoethyl ether acetate, and potassium dimethyldithiocarbamate. Comments are due May 14, 2007. See http://www.oal.ca.gov/notice/13z-2007.pdf (p. 557)

COLORADO

Hazardous and Solid Waste :

  • The Solid and Hazardous Waste Commission will hold a public hearing on proposed amendments to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Part 6. Section 6.04 is being amended by revising paragraph (a) to reflect the annual Commission fees to be assessed for fiscal year 2007-2008. The hearing will be held May 15, 2007. See http://www.cdphe.state.co.us/op/hwc/AmendmentofSection6.04.pdf
  • The Solid and Hazardous Waste Commission will hold a public hearing on proposed amendments to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Parts 260, 261, 264, 265, and 100, RCRA Burden Reduction Initiative Amendments. The hearing will be held May 15, 2007. Comments are due May 1, 2007. See http://www.cdphe.state.co.us/op/hwc/Burdenreductioninitiativeamendments3-15-07.pdf
  • The Solid and Hazardous Waste Commission will hold a public hearing on proposed amendments to the Colorado Solid Waste Regulations, 6 CCR 1007-2, Part 3, Requirements for Inspection of Off-Site Hazardous Waste Disposal Sites. The hearing will be held May 15, 2007. Comments are due May 1, 2007. See http://www.cdphe.state.co.us/op/hwc/Part3InspectionofOff-SiteHWDisposalSites.pdf
  • The Solid and Hazardous Waste Commission will hold a public hearing on proposed amendments to the Colorado Solid Waste Regulations, 6 CCR 1007-2, Parts 1 and 16. The amendments relate to solid waste sites and facilities and the disposal of motorized equipment wastes. The hearing will be held May 15, 2007. Comments are due May 1, 2007. See http://www.cdphe.state.co.us/op/hwc/parts1and16solidwasteregs.pdf

CONNECTICUT

Air:

  • The Commissioner of Environmental Protection will hold a public hearing on proposed amendments to section 22a-174-20(k) of the Regulations of Connecticut State Agencies concerning the control of volatile organic compound emissions. The hearing will be held May 1, 2007. Comments are due May 1, 2007. See http://www.ct.gov/dep/cwp/view.asp?A=2586&Q=332894

DELAWARE

Air:

  • The Department of Natural Resources and Environmental Control will hold a public hearing on a proposed new regulation to reduce emissions of nitrogen oxides from combustion turbine electric generating units, typically known as peaking units. The hearing will be held April 26, 2007. Comments are due May 1, 2007. See http://regulations.delaware.gov/register/april2007/proposed/10%20DE%20Reg%201547%2004-01-07.htm#P52_2558
  • The Department of Natural Resources and Environmental Control gives notice of file rulemaking action for the proposed State of Delaware’s Regulation No. 1113, the Open Burning Regulation. This regulation revision is primarily proposed to: (1) expand the open burning ban window from June 1 through August 31 in the current regulation, to May 1 through September 30; (2) expand the burning ban from only New Castle and Kent counties to statewide; and (3) clarify the prohibitions in the existing regulation and their interaction with other applicable laws and regulations. See http://regulations.delaware.gov/register/april2007/final/10%20DE%20Reg%201621%2004-01-07.htm#P86_10343

FLORIDA

Water:

  • The St. Johns River Water Management District will hold a public hearing on the proposed amendment of 40C-8.031, Minimum Surface Water Levels and Flows and Groundwater Levels. The purpose and effect of the proposed rule amendment will be to adopt minimum flows and levels for the St. Johns River at State Road 50 in Orange and Brevard counties. The proposed rule would establish minimum surface water flows and levels for the St. Johns River pursuant to the mandate of Section 373.042, Florida Statutes. The hearing will be held May 8, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3312/3312.html (p. 1393)
  • The South Florida Water Management District will hold a public hearing on proposed amendments to 40E-63.432, Permit Modifications, Transfers, and Renewals; and 40E-63.434, Permit Duration. The proposed rule amendments will extend the C-139 Works of the District permits for an initial one-year term. If, after the one-year term, new rules and criteria are not yet effective, existing permits will be extended automatically for six-month terms until such time as the revised rules are effective. Once the new rules and criteria are effective, the permit expiration date will be 90 days from that effective date. The hearing will be held May 9, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3313/3313.html (p. 1469)

IDAHO

Water:

ILLINOIS

Land Use:

General:

INDIANA

Air:

  • The Air Pollution Control Board will hold a public hearing on amendments concerning 10-year permit renewals for minor source operating permits (MSOPs) and federally enforceable state operating permits (FESOPs) at 326 IAC 2-1.1-9.5, 326 IAC 2-6.1-7, and 326 IAC 2-8-4, and the repeal of 326 IAC 25-2-2 concerning 10-year permit renewals for MSOPs and FESOPs in the Environmental Stewardship Program and Comprehensive Local Environmental Action Network. The hearing will be held May 2, 2007. See http://www.in.gov/legislative/register/20070328-IR-326060487PHA.xml.html
  • The Air Pollution Control Board will hold a public hearing on amendments concerning redesignation of Allen County to attainment for the 8-hour ozone standard at 326 IAC 1-4-1. The hearing will be held May 2, 2007. See http://www.in.gov/legislative/register/20070328-IR-326070024PHA.xml.html

Fisheries:

  • The Natural Resources Commission will a hold public hearing on proposed rule amendments to 312 IAC 1 adding definitions of "boat," "motorboat," and "watercraft"; 312 IAC 2-4 governing fishing tournaments; and 312 IAC 8 governing public use of natural and recreational areas. The hearing will be held April 18, 2007. See http://www.in.gov/legislative/register/20070328-IR-312060333PHA.xml.html

Water:

  • The Natural Resources Commission will hold a public hearing on proposed amendments to 312 IAC 11-5-2, which governs lawful nonconforming uses for structures subject to licensure under IC 14-26-2 (commonly known as the "Lakes Preservation Act"). The hearing will be held May 7, 2007. See http://www.in.gov/legislative/register/20070328-IR-312060605PHA.xml.html

IOWA

Hazardous and Solid Waste:

  • The Environmental Protection Commission has adopted amendments to Chapter 64, "Wastewater Construction and Operation Permits," Iowa Administrative Code. The amendment to subrule 64.2(10) revises and clarifies the criteria for sewer extension construction permit approval and denial provisions. The amendment becomes effective May 2, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070328.pdf (p. 1269)

Water:

  • The Environmental Protection Commission give Notice of Intended Action to amend Chapter 40, Scope of Division, Definitions, Forms, Rules of Practice; and Chapter 43, Water Supplies, Design and Operation, Iowa Administrative Code. The amendments to Chapter 40 pertain to the forms of the public water supply program, while the amendments to Chapter 43 pertain to the public water supply program's construction permitting requirements for design and operation. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070328.pdf (p. 1231)

KENTUCKY

Air:

  • The Kentucky Environmental and Public Protection Cabinet is soliciting public comment on the annual monitoring network plan prior to submission to U.S. EPA. The annual monitoring network plan details the operation and location of ambient air monitors operated by the Kentucky Division for Air Quality, Louisville Metro Air Pollution Control District, the National Park Service, and required industrial monitors. Comments are due April 18, 2007. See http://www.air.ky.gov/homepage_repository/Public+Hearings.htm

LOUISIANA

Air:

  • The Department of Environmental Quality has amended the air regulations at LAC 33:III.2103 (Log #AQ272). This rule exempts drums storing pyrophoric catalyst at the Vistalon Production Facility of ExxonMobil Chemical Company Baton Rouge Chemical Plant from the submerged fill pipe provisions of LAC 33:III.2103.A. See http://www.doa.louisiana.gov/osr/reg/0703/0703rul.pdf (p. 446)

Hazardous and Solid Waste:

  • The Department of Environmental Quality has adopted emergency rules LAC 33:VII.115, 707, and 708, Non-Processing Transfer Station Standards. This emergency rule became effective March 20, 2007. See http://www.doa.louisiana.gov/osr/reg/0703/0703emr.pdf (p. 441)
  • The Department of Environmental Quality has amended the hazardous waste regulations at LAC 33:V.4999.Appendix E (Log #HW091P), allowing BFI Waste Systems of Louisiana LLC, Colonial Landfill, to exclude from the hazardous waste regulations (delist) leachate at the facility derived from the historical management of K169 - K172 wastes. See http://www.doa.louisiana.gov/osr/reg/0703/0703rul.pdf (p. 445)
  • The Department of Environmental Quality has amended the hazardous waste regulations at LAC 33:V.105, 106, 199, and 5147 (Log #HW092). This rule implements Act 778 of the 2006 Regular Session of the Louisiana Legislature and the provisions of Emergency Rule HW084E10, which was published in the Louisiana Register on November 20, 2006. The rule provides an evaluation process to manage listed hazardous waste based on risk for sites that are contaminated and require remediation. See http://www.doa.louisiana.gov/osr/reg/0703/0703rul.pdf (p. 449)

Toxic Substances:

  • The Department of Environmental Quality has amended the radiation protection regulations at LAC 33:XV.322, 399, Schedule B, and 607 (Log #RP043ft). This rule will update the state radiation protection regulations to more closely reflect federal language. See http://www.doa.louisiana.gov/osr/reg/0703/0703rul.pdf (p. 448)

Water:

  • The Department of Environmental Quality has amended the water quality regulations at LAC 33:IX.1105, 1109, and 1113 (Log #WQ068). The rule amends the water quality standards in LAC 33:IX, Chapter 11, to protect wetland areas that may receive treated wastewater effluent. See http://www.doa.louisiana.gov/osr/reg/0703/0703rul.pdf (p. 445)

General:

  • The Department of Environmental Quality has adopted the Office of the Secretary regulations at LAC 33:I, Chapter 12 (Log #OS072). The rule provides a procedure for and establishes a fee for departmental reviews of reports of environmental conditions at specified tracts of immovable property when such reports from site investigations are not required or requested by the Department. See http://www.doa.louisiana.gov/osr/reg/0703/0703rul.pdf (p. 447)

MAINE

Fisheries:

  • The Department of Marine Resources will hold a series of public hearings on proposed regulations in Chapter 25.96(B)(2)(e), Lobster and Crab: Zone A Apprentice Requirement; and Chapter 25.96(B)(3)(b)(ii)(2)(e), Zone A Apprentice Sponsor Requirement. The proposed rules consolidate and update all dealer reporting requirements by standardizing reported data elements and requiring dealers to report on all species landed. This would create a comprehensive reporting program for all species landed, bringing Maine further into compliance with the Atlantic Coastal Cooperative Statistics Program and various fisheries management plans. Comprehensive data would enable the Department to improve its monitoring and management of Maine's fisheries. The hearings will be held April 9, April 10, and April 13, 2007. Comments are due April 23, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/032107.htm

MARYLAND

Fisheries:

  • The Department of Natural Resources adopted amendments to Regulation .05 under COMAR 08.02.01, General. The rule removes the two-year minimum participation requirement in the apprenticeship program and modifies the practical experience requirements by crediting past experience in certain circumstances. This action will also modify the number of commercial fishing license authorization targets. These amendments will become effective April 9, 2007. See http://www.dsd.state.md.us/mdregister/3407/main_register.htm

MASSACHUSETTS

General:

  • The Department of Environmental Protection will hold a series of public hearings on proposed amendments to 310 CMR 4.00 & 310 CMR 42, Timely Action Schedule and Fee Regulations and Certification and Operation of Environmental Analysis Laboratories. The hearings will be held April 20 and 24, 2007. Comments are due May 4, 2007. See http://www.mass.gov/dep/public/hearings/feelabphn.htm

MONTANA

Water:

  • The Board of Environmental Review has extended the comment period in the matter of the amendment of ARM 17.30.617 and 17.30.638 pertaining to outstanding resource water designation for the Gallatin River. Comments are due July 2, 2007. See http://sos.mt.gov/arm/Register/archives/MAR2007/MAR07-06.pdf (p. 328)

NEW HAMPSHIRE

Water:

  • The Department of Environmental Services will hold a public hearing on the proposal to readopt with amendments Rule Number Env-Wq 402 (currently Env-Ws 1500), Groundwater Discharge Permits and Registrations. The hearing will be held April 25, 2007. Comments are due May 7, 2007. See http://www.gencourt.state.nh.us/rules/march-30-07.pdf

NEW JERSEY

Fisheries:

  • The Bureau of Marine Water Monitoring is soliciting public comment on proposed amendments to N.J.A.C. 7:12-1.5, 3.2, 4.1, 4.2, and 9.10, Shellfish Growing Water Classifications. The Department is proposing to amend its rules on the classification of certain shellfish beds as the result of surveys conducted by the Bureau of Marine Water Monitoring. This proposed amendment would result in the downgrade of approximately 1,858 acres of shellfish waters. Comments are due June 1, 2007. See http://www.nj.gov/dep/rules/proposals/20070416a.pdf.

Toxic Substances:

  • The Department of Environmental Protection will hold a public hearing on the proposal to proposing to amend the Toxic Catastrophe Prevention Act Program Rules, N.J.A.C. 7:31. The hearing will be held May 14, 2007. Comments are due June 15, 2007. See http://www.nj.gov/dep/rules/proposals/20070416a.pdf

NEW MEXICO

Land Use:

  • The Energy, Minerals, and Natural Resources Department will hold two public hearingson proposed amendments to the commercial timber harvesting requirements contained in 19.20.4 NMAC pursuant to NMSA 1978, Sections 9-5-1 and Section 68-2-1 et seq. The hearings will be held April 23 and 20, 2007. Comments are due April 30, 2007. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii06/forestrynotice.htm

NEW YORK

Air:

  • The Department of Environmental Conservation has adopted an emergency amendment to Part 205 of Title 6 NYCRR. The purpose of this amendment is to achieve the reductions of emissions of volatile organic compounds necessary to demonstrate attainment with the ozone NAAQS. The emergency rule will expire May 13, 2007. See http://www.dos.state.ny.us/info/register/2007/apr4/pdfs/rules.pdf

NORTH CAROLINA

Wildlife:

  • The Department of Environmental and Natural Resources will hold a series of public hearings on proposed rules cited as 15A NCAC 10F .0373 and .0374. The rules concern petitions submitted by Duke Energy and Alcoa Power Generating Inc. for the establishment of exclusionary zones near the companies' hydroelectric power stations for the purpose of protecting public safety. The hearings will be held April 19 and April 26, 2007. Comments are due June 1, 2007. See http://www.ncoah.com/rules/register/Volume21Issue19April22007.pdf

OREGON

Air:

  • The Department of Environmental Quality will hold a public hearing on proposed amendments to 340-204-0030 and 340-204-0040. These amendments change the status of the Salem-Keizer carbon monoxide area from nonattainment to a state maintenance area. The hearing will be held April 16, 2007. Comments are due April 20, 2007. See http://arcweb.sos.state.or.us/rules/0407_Bulletin/0407_rulemaking_bulletin.html
  • The Department of Environmental Quality will hold a series of public hearings on proposed amendments to chapter 340. The proposed rulemaking would improve the air quality permitting process and help maintain a fully delegated and federally approved permitting program. The hearings will be held April 23, 24, and 25, 2007. See http://arcweb.sos.state.or.us/rules/0407_Bulletin/0407_rulemaking_bulletin.html

Fisheries:

  • The Department of Fish and Wildlife will hold a public hearing on proposed adoptions of rules in 635-003, -013, -014, -016, -017, -018, and -023. The purpose of this rulemaking is to amend rules relating to commercial and sport salmon fishing in the Pacific Ocean; salmon fishing in specific near-shore ocean waters, bays, and coastal streams; sport sturgeon fishing in the Willamette River; and sport salmon fishing in the Columbia River and tributaries. The hearing will be held April 13, 2007. Comments are due April 13, 2007. See http://arcweb.sos.state.or.us/rules/0407_Bulletin/0407_rulemaking_bulletin.html

SOUTH CAROLINA

Hazardous and Solid Waste:

  • The Department of Health and Environmental Control will hold a public hearing on the proposed amendment of R. 61-107, Solid Waste Management (SWM) Regulations. The Department proposes to simultaneously repeal sections 61-107.11, SWM: Construction, Demolition, and Land-clearing Debris Landfills; 61-107.13, SWM: Municipal Solid Waste Incinerator Ash Landfills; 61-107.16, SWM: Industrial Solid Waste Landfills; and R.61-107.258, SWM: Municipal Solid Waste Landfills, and replace them with a new section that encompasses all solid waste landfills and structural fill activities to include a change to broaden disposal options. Legislative review will be required. The hearing will be held April 12, 2007. See http://www.scdhec.gov/administration/regs/docs/regupdate.doc#admin (p. 7)

SOUTH DAKOTA

Air:

  • The Department of Environment and Natural Resources will hold a public hearing on proposed amendments to 33 SDR 151, Air Pollution Control Program rules. The amendments will allow South Dakota to comply with revisions to the federal regulations. The hearing will be held April 19, 2007. See http://legis.state.sd.us/rules/register/04092007.pdf (p. 168)

UTAH

Water:

  • The Department of Ecology is soliciting public comment on proposed amendments to R309-105, Administration:  General Responsibilities of Public Water Systems; R309-110-4, Definitions; R309-210, Monitoring and Water Quality: Distribution System Monitoring Requirements; R309-215, Monitoring and Water Quality: Treatment Plant Monitoring Requirements; and R309-220-15, Standard Health Effects Language. Comments are due May 1, 2007. See http://www.rules.utah.gov/publicat/bulletin/2007/20070401/29646.htm

VERMONT

Water:

  • The Water Quality Division conducted a public meeting in March 2006 to present, discuss, and take comment on the 2006 §303(d) List of Impaired Waters and 2006 List of Priority Surface Waters. The public comment period ended in late March 2006. The Department of Environmental Conservation prepared a responsiveness summary to the comments received and then submitted the 2006 final listings to U.S. EPA. U.S. EPA has approval authority over the §303(d) List of Impaired Waters. U.S. EPA New England approved the final 2006 §303(d) List of Impaired Waters on March 1, 2007. See http://www.vtwaterquality.org/cfm/notices/info.cfm?id=80

VIRGINIA

Air:

WASHINGTON

Toxic Substances:

  • The Department of Ecology is soliciting public comment on proposed changes to the Model Toxics Control Act Cleanup Regulation (Chapter 173-340 WAC). The rule revisions will update the policies and procedures for establishing and evaluating compliance with cleanup levels and remediation levels for several types of chemicals. Comments are due May 25, 2007. See http://www.ecy.wa.gov/pubs/0709049.pdf

WISCONSIN

Air:

  • The Department of Natural Resources will hold a public hearing pursuant to §§285.11 (5) and (6) and 285.23(2), Stats., and ch. NR 401, Wis. Adm. Code, on a proposal to redesignate the counties of Manitowoc and Kewaunee from nonattainment to attainment of the eight-hour NAAQS for ozone. The hearing will be held April 26, 2007. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

Water:

Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL

SOUTH AFRICA TO BOOST ENVIRONMENTAL GOODS AND SERVICES SECTOR

The South African trade and industry department is planning to create a strategy to encourage the growth and development of the country's environmental goods and services industry. This plan, part of a government policy to encourage economic growth through focus on high-potential sectors, includes sector strategies for biofuels and clothing and textile manufacture. Through this new initiative, the government hopes to meet demands for environmentally sustainable goods and services and to create new jobs. See http://allafrica.com/stories/200704040150.html

CANADIAN ENVIRONMENT BILL IN TROUBLE

Canadian Environment Minister John Baird said the minority Conservative government is unhappy that opposition parliamentarians have rewritten its draft clean air legislation. The former plan did not call for binding cuts in greenhouse gas emissions until 2020, while the rewrite requires Canada to stick to emissions cuts outlined in the Kyoto protocol. Conservatives argue Canada cannot meet its Kyoto obligations, which require a six percent reduction in emissions from 1990 levels by 2012. Greenhouse gas emissions are currently 27 percent above 1990 levels. See http://www.enn.com/today.html?id=12487

BRITAIN PUBLISHES PLAN TO ENCOURAGE GREEN POWER GENERATION IN PRIVATE HOMES

The British government has released a plan that would allow homeowners greater freedom to install sustainable home electricity generation systems. Current planning regulations severely limit the installation of green technologies in private homes. According to local government minister Ruth Kelly, the proposals "give people greater freedom to install microgeneration devices such as solar panels on their homes where it is clear there is little or no impact on neighboring properties." While only four percent of Britain's electricity currently comes from renewable sources, the government has raised its goal to 20 percent by 2020 and hopes its plan will encourage homeowners to play a large role. Consultations on the new plan close on June 27, and the government aims to institute the planning changes by October 1. See http://www.reuters.com/article/environmentNews/idUSL0440345620070404

Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

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Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

THE CONGRESSNote: Citations below are to the Congressional Record (Cong. Rec.).

CHAMBER ACTION:

  • S. Res. 113 (energy), which would commend the achievements and recognize the importance of the Alliance to Save Energy on the 30th anniversary of the incorporation of the Alliance, was agreed to by the Senate. 153 Cong. Rec. S3452 (daily ed. Mar. 20, 2007).
  • H.R. 85 (Energy Technology Transfer Act), which would provide for the establishment of centers to encourage demonstration and commercial application of advanced energy methods and technologies, was passed by the House. 153 Cong. Rec. H2408 (daily ed. Mar. 12, 2007).
  • H.R. 658 (Natural Resource 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 House. 153 Cong. Rec. H2631 (daily ed. Mar. 19, 2007).
  • H.R. 720 (Water Quality Financing Act of 2007), which would amend the CWA to authorize appropriations for state water pollution control revolving funds, was passed by the House. 153 Cong. Rec. H2345 (daily ed. Mar. 9, 2007).
  • H.R. 838 (land conveyance), which would provide for the conveyance of BLM parcels known as the White Acre and Gambel Oak properties and related real property to Park City, Utah, was passed by the House. 153 Cong. Rec. H2633 (daily ed. Mar. 19, 2007).
  • H.R. 839 (Arthur V. Watkins Dam Enlargement Act), 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. 153 Cong. Rec. H2634 (daily ed. Mar. 19, 2007).
  • H.R. 902 (More Water and More Energy Act of 2007), which would facilitate the use for irrigation and other purposes of water produced in connection with development of energy resources, was passed by the House. 153 Cong. Rec. H2628 (daily ed. Mar. 19, 2007).
  • H.R. 1006 (Marine Mammal Rescue Assistance Amendments of 2007), which would amend the provisions of law relating to the John H. Prescott Marine Mammal Rescue Assistance Grant Program, was passed by the House. 153 Cong. Rec. H2634 (daily ed. Mar. 19, 2007).
  • H.R. 1021 (Taunton, Massachusetts, Special Resources Study Act), which would direct the Secretary of the Interior to conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, was passed by the House. 153 Cong. Rec. H2631 (daily ed. Mar. 19, 2007).
  • H.R. 1126 (energy), which would reauthorize the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988, was passed by the House. 153 Cong. Rec. H2411 (daily ed. Mar. 12, 2007).
  • H. Res. 138 (national parks), which would recognize the importance of Hot Springs National Park on its 175th anniversary, was passed by the House. 153 Cong. Rec. H2627 (daily ed. Mar. 19, 2007).

COMMITTEE ACTION:

  • H.R. 802 (marine vessel pollution) was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 110-54, 153 Cong. Rec. H2742 (daily ed. Mar. 20, 2007). The bill would amend the Act to Prevent Pollution from ships to implement MARPOL Annex VI.

BILLS INTRODUCED:

  • S. 832 (Hatch, R-Utah) (public lands) would provide for the sale of approximately 25 acres of public land to the Turnabout Ranch, Escalante, Utah, at fair market value. 153 Cong. Rec. S2969 (daily ed. Mar. 9, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 836 (Lautenberg, D-N.J.) (CWA) would amend the CWA to authorize appropriations for sewer overflow control grants. 153 Cong. Rec. S2969 (daily ed. Mar. 9, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 838 (Smith, R-Or.) (energy) would authorize funding for eligible joint ventures between United States and Israeli businesses and academic persons, and establish the International Energy Advisory Board. 153 Cong. Rec. S3000 (daily ed. Mar. 12, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 843 (Collins, R-Me.) (mercury) would provide for the establishment of a national mercury monitoring program. 153 Cong. Rec. S3000 (daily ed. Mar. 12, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 858 (Wyden, R-Or.) (transportation) would amend the Internal Revenue Code of 1986 to extend the transportation fringe benefit to bicycle commuters. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Finance.
  • S. 859 (Harkin, D-Iowa) (ethanol) would require the Secretary of Energy to award funds to study the feasibility of constructing dedicated ethanol pipelines to increase the energy, economic, and environmental security of the United States. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 864 (Bunning, R-Ky.) (FERC) would amend the Federal Power Act to clarify the jurisdiction of FERC. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 865 (Collins, R-Me.) (oceans) would authorize the Secretary of the Army to carry out a project for the mitigation of shore damages attributable to the project for navigation, Saco River, Maine. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 867 (Kennedy, D-Mass.) (national parks) would adjust the boundary of Lowell National Historical Park. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 868 (Kennedy, D-Mass.) (rivers) would amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the Commonwealth of Massachusetts as a component of the National Wild and Scenic Rivers System. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 872 (Lincoln, D-Ark.) (biodiesel) would amend the Internal Revenue Code of 1986 to extend the excise tax provisions and income tax credit for biodiesel. 153 Cong. Rec. S3124 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on Finance.  
  • S. 875 (Dorgan, D-N.D.) (energy) would improve energy security of the United States through a 50% reduction in the oil intensity of the economy of the United States by 2030 and the prudent expansion of secure oil supplies, to be achieved by raising the fuel efficiency of the vehicular transportation fleet, increasing the availability of alternative fuel sources, fostering responsible oil exploration and production, and improving international arrangements to secure the global oil supply. 153 Cong. Rec. S3124 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on Finance.
  • S. 878 (Kohl, D-Wis.) (oil and gas) would prevent anti-competitive mergers and acquisitions in the oil and gas industry. 153 Cong. Rec. S3124 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on the Judiciary.
  • S. 879 (Kohl, D-Wis.) (oil) would amend the Sherman Act to make oil-producing and exporting cartels illegal. 153 Cong. Rec. S3124 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on the Judiciary.
  • S. 900 (Hatch, R-Utah) (land exchange) would authorize the Boy Scouts of America to exchange certain land in the state of Utah acquired under the Recreation and Public Purposes Act. 153 Cong. Rec. S3199 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Energy and Natural Resources.  
  • S. 905 (Inhofe, R-Okla.) (oil and gas) would amend the Internal Revenue Code of 1986 to eliminate the taxable income limit on percentage depletion for oil and natural gas produced from marginal properties. 153 Cong. Rec. S3199 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Finance.
  • S. 906 (Obama, D-Ill.) (mercury) would prohibit the sale, distribution, transfer, and export of elemental mercury. 153 Cong. Rec. S3199 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 916 (Craig, R-Idaho) (land conveyance) would modify the boundary of the Minidoka Internment National Monument, establish the Minidoka National Historic Site, and authorize the Secretary of the Interior to convey certain land and improvements of the Gooding Division of the Minidoka Project, Idaho. 153 Cong. Rec. S3272 (daily ed. Mar. 19, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 917 (Allard, R-Colo.) (national parks) would clarify the authority of the Secretary of the Interior with regard to management of elk in Rocky Mountain National Park. 153 Cong. Rec. S3272 (daily ed. Mar. 19, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 919 (Menendez, D-N.J.) (energy) would reauthorize Department of Agriculture conservation and energy programs and certain other programs of the Department, and modify the operation and administration of these programs. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 923 (Kerry, D-Mass.) (national trails) would amend the National Trails System Act to designate the New England National Scenic Trail. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 924 (Cantwell, D-Wash.) (oceans) would strengthen the U.S. Coast Guard's Integrated Deepwater Program. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 928 (Nelson, D-Fla.) (natural catastrophes) would establish a program to provide more protection at lower cost through a national backstop for state natural catastrophe insurance programs to help the United States better prepare for and protect its citizens against the ravages of natural catastrophes, encourage and promote mitigation and prevention for and recovery and rebuilding from such catastrophes, better assist in the financial recovery from such catastrophes, and develop a rigorous process of continuous improvement. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Banking, Housing, and Urban Affairs.
  • S. 930 (Martinez, R-Fla.) (hurricanes) would amend the Internal Revenue Code of 1986 to provide a credit against tax for hurricane and tornado mitigation expenditures. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Finance.
  • S. 931 (Martinez, R-Fla.) (hurricanes) would establish the National Hurricane Research Initiative to improve hurricane preparedness. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 934 (Nelson, D-Fla.) (land conveyance) would amend the Florida National Forest Land Management Act of 2003 to authorize the conveyance of an additional tract of National Forest System land under that Act. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 949 (Boxer, D-Ca.) (plants) would amend the Plant Protection Act to authorize the Secretary of Agriculture to enter into cooperative agreements with states to augment the efforts of the states to conduct early detection and surveillance to prevent the establishment or spread of plant pests that endanger agriculture, the environment, and the economy of the United States. 153 Cong. Rec. S3516 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 950 (Snowe, R-Me.) (coastal resources) would develop and maintain an integrated system of coastal and ocean observations for the nation's coasts, oceans, and Great Lakes; improve warnings of tsunami, hurricanes, El Niño events, and other natural hazards; enhance homeland security; support maritime operations; and improve management of coastal and marine resources. 153 Cong. Rec. S3516 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 952 (McCain, R-Ariz.) (public policy) would amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to provide funds for training in tribal leadership, management, and policy. 153 Cong. Rec. S3516 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Indian Affairs.
  • S. 955 (Durbin, D-Ill.) (national heritage area) would establish the Abraham Lincoln National Heritage Area. 153 Cong. Rec. S3517 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 956 (Durbin, D-Ill.) (national heritage area) would establish the Land Between the Rivers National Heritage Area in the state of Illinois. 153 Cong. Rec. S3517 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 962 (Bingaman, D-N.M.) (energy) would amend the Energy Policy Act of 2005 to reauthorize and improve the carbon capture and storage research, development, and demonstration program of DOE. 153 Cong. Rec. S3607 (daily ed. Mar. 22, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 971 (Bond, R-Mo.) (agriculture) would establish the National Institute of Food and Agriculture and provide funding for the support of fundamental agricultural research of the highest quality. 153 Cong. Rec. S3607 (daily ed. Mar. 22, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • H.R. 1451 (Daniel E. Lungren, R-Cal.) (oil) would provide incentives to reduce dependence on foreign oil. 153 Cong. Rec. H2399 (daily ed. Mar. 9, 2007). The bill was referred to the Committees on Ways and Means, on Science and Technology, and on Energy and Commerce.
  • H.R. 1462 (Udall, D-Colo.) (endangered species) would authorize the Secretary of the Interior to participate in the implementation of the Platte River Recovery Implementation Program for Endangered Species in the Central and Lower Platte River Basin and to modify the Pathfinder Dam and Reservoir. 153 Cong. Rec. H2400 (daily ed. Mar. 9, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1463 (Udall, D-Colo.) (restoration) would provide a source of funds to carry out restoration activities on federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. 153 Cong. Rec. H2400 (daily ed. Mar. 9, 2007). The bill was referred to the Committee on Natural Resources and Committee on Agriculture.
  • H.R. 1464 (Udall, D-N.M.) (conservation) would assist in the conservation of rare felids and canids by supporting and providing financial resources for the conservation programs of nations within the range of rare felid and canid populations and projects of persons with demonstrated expertise in the conservation of such populations. 153 Cong. Rec. H2400 (daily ed. Mar. 9, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1478 (Grijalva, D-Ariz.) (public policy) would amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to provide funds for training in tribal leadership, management, and policy. 153 Cong. Rec. H2436 (daily ed. Mar. 12, 2007). The bill was referred to the Committee on Education and Labor and Committee on Natural Resources.
  • H.R. 1483 (Regula, R-Ohio) (national heritage areas) would amend the Omnibus Parks and Public Lands Management Act of 1996 to extend the authorization for certain national heritage areas. 153 Cong. Rec. H2436 (daily ed. Mar. 12, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1484 (Tancredo, R-Colo.) (public lands) would provide consistent enforcement authority to BLM, the National Park Service, FWS, and the Forest Service to respond to violations of regulations regarding the management, use, and protection of public lands under the jurisdiction of these agencies. 153 Cong. Rec. H2436 (daily ed. Mar. 12, 2007). The bill was referred to the Committee on Natural Resources and Committee on Agriculture
  • H.R. 1495 (Oberstar, D-Minn.) (water) would provide for the conservation and development of water and related resources, and authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1497 (Blumenauer, D-Or.) (plants) would amend the Lacey Act Amendments of 1981 to extend its protections to plants illegally harvested outside of the United States. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1498 (Blumenauer, D-Or.) (transportation) would amend the Internal Revenue Code of 1986 to extend the transportation fringe benefit to bicycle commuters. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1502 (Fallin, R-Okla.) (water) would treat certain payments made by Edmond, Oklahoma, as satisfying its obligations under the water storage control for Lake Arcadia, Oklahoma. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1503 (Grijalva, D-Ariz.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Avra/Black Wash Reclamation and Riparian Restoration Project. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1504 (LoBiondo, R-N.J.) (coastal restoration) would ensure the continuation and improvement of coastal restoration. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1506 (Markey, D-Mass.) (fuel economy) would increase fuel economy standards for automobiles. 153 Cong. Rec. H2486 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1507 (McDermott, D-Wash.) (ESA) would ensure that proper information gathering and planning are undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River Basin in a manner that protects and enhances local communities, ensures effective expenditure of federal resources, and maintains reasonably priced, reliable power, and direct the Secretary of Commerce to seek scientific analysis of federal efforts to restore salmon and steelhead listed under the ESA. 153 Cong. Rec. H2486 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1526 (George Miller, D-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Bay Area Regional Water Recycling Program. 153 Cong. Rec. H2570 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1528 (Olver, D-Mass.) (national trails) would amend the National Trails System Act to designate the New England National Scenic Trail. 153 Cong. Rec. H2571 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1533 (Allen, D-Me.) (mercury) would provide for the establishment of a national mercury monitoring program. 153 Cong. Rec. H2619 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1534 (Allen, D-Me.) (mercury) would prohibit the sale, distribution, or transfer of mercury, and prohibit the export of mercury. 153 Cong. Rec. H2619 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1545 (Fortuño, R-P.R.) (national parks) would direct the Secretary of the Interior to conduct a boundary study to evaluate the significance of Fort San Geronimo and other related resources in the commonwealth of Puerto Rico and the suitability and feasibility of their inclusion in the National Park System as part of the San Juan National Historic Site. 153 Cong. Rec. H2620 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1547 (Harman, D-Cal.) (energy) would prohibit the sale of certain inefficient light bulbs and require the development of a plan for increasing the use of more efficient light bulbs by consumers and businesses. 153 Cong. Rec. H2620 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1551 (Kind, D-Wis.) (conservation) would reauthorize Department of Agriculture conservation and energy programs and certain other programs of the Department, and modify the operation and administration of these programs. 153 Cong. Rec. H2620 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Agriculture and Committees on Education and Labor, and Armed Services.
  • H.R. 1558 (Renzi, R-Ariz.) (land study) would direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study of certain land adjacent to the Walnut Canyon National Monument in the state of Arizona. 153 Cong. Rec. H2624 (daily ed. Mar. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1564 (Bishop, D-N.Y.) (CWA) would amend the CWA to provide additional protection to estuaries of national significance. 153 Cong. Rec. H2671 (daily ed. Mar. 19, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1573 (Simpson, R-Idaho) (land conveyance) would modify the boundary of the Minidoka Internment National Monument, establish the Minidoka National Historic Site, and authorize the Secretary of the Interior to convey certain land and improvements of the Gooding Division of the Minidoka Project, Idaho. 153 Cong. Rec. H2671 (daily ed. Mar. 19, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1576 (Thompson, D-Cal.) (conservation) would amend the Internal Revenue Code of 1986 to make permanent the special rule for contributions of qualified conservation contributions. 153 Cong. Rec. H2671 (daily ed. Mar. 19, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1587 (Schmidt, R-Ohio) (levees) would direct the Secretary of the Army to carry out programs and activities to enhance the safety of levees in the United States. 153 Cong. Rec. H2742 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1590 (Waxman, D-Cal.) (climate change) would reduce greenhouse gas emissions and protect the climate. 153 Cong. Rec. H2743 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Energy and Commerce and Committee on Foreign Affairs.
  • H.R. 1596 (Ferguson, R-N.J.) (renewable energy) would amend the Internal Revenue Code of 1986 to provide and extend tax incentives for renewable energy and conservation. 153 Cong. Rec. H2743 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1602 (Jefferson, D-La.) (environmental justice) would ensure environmental justice in the areas affected by Hurricanes Katrina and Rita. 153 Cong. Rec. H2743 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Energy and Commerce and Committee on Natural Resources.
  • H.R. 1612 (Simpson, R-Idaho) (land conveyance) would modify the boundary of the Minidoka Internment National Monument, establish the Minidoka National Historic Site, and authorize the Secretary of the Interior to convey certain land and improvements of the Gooding Division of the Minidoka Project, Idaho. 153 Cong. Rec. H2744 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1618 (Camp, R-Mich.) (hybrid vehicles) would amend the Internal Revenue Code of 1986 to provide a credit for the purchase of plug-in hybrid vehicles. 153 Cong. Rec. H2820 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1625 (LaHood, R-Ill.) (national heritage area) would establish the Abraham Lincoln National Heritage Area. 153 Cong. Rec. H2821 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1633 (Rothman, D-N.J.) (chemicals) would amend the Homeland Security Act of 2002 to prohibit the Secretary of Homeland Security from prescribing regulations that preempt more stringent state regulations governing chemical facility security. 153 Cong. Rec. H2821 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1657 (Rohrabacher, R-Cal.) (NOAA) would establish a Science and Technology Scholarship Program to award scholarships to recruit and prepare students for careers in the National Weather Service and NOAA marine research, atmospheric research, and satellite programs. 153 Cong. Rec. H2956 (daily ed. Mar. 22, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 1658 (Salazar, D-Colo.) (wildlife) would amend the Great Sand Dunes National Park and Preserve Act of 2000 to explain the purpose and provide for the administration of the Baca National Wildlife Refuge. 153 Cong. Rec. H2956 (daily ed. Mar. 22, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1659 (Salazar, D-Colo.) (environmental assistance) would provide environmental assistance to non-federal interests in the state of Colorado. 153 Cong. Rec. H2956 (daily ed. Mar. 22, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H. Con. Res. 94 (Bordallo, D-Guam) (fishing) would encourage the elimination of harmful fishing subsidies that contribute to overcapacity in commercial fishing fleets worldwide and lead to the overfishing of global fish stocks. 153 Cong. Rec. H2744 (daily ed. Mar. 20, 2007). The concurrent resolution was referred to the Committee on Natural Resources.
  • H. Con. Res. 96 (Dicks, D-Wash.) (greenhouse gases) would express the sense of Congress that there should be enacted a mandatory national program to slow, stop, and reverse emissions of greenhouse gases. 153 Cong. Rec. H2821 (daily ed. Mar. 21, 2007). The concurrent resolution was referred to the Committee on Energy and Commerce.

Copyright© 2007, 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 2007, 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 2007, visit the ELR Archives.

The states below have updates this week:

California Maine New Mexico South Dakota Colorado Massachusetts North Carolina Texas Florida Michigan Ohio Vermont Georgia Missouri Oklahoma Virginia Illinois New Hampshire Rhode Island Washington Kentucky New Jersey South Carolina  

CALIFORNIA

Air:

  • The Air Resources Board will conduct a public hearing to consider adoption of the Proposed Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products. The proposed measure would reduce the public’s current exposure to formaldehyde by reducing emissions from hardwood plywood, particle board and medium density fiberboard panels. It would also apply to finished goods made with these materials. The hearing will be held April 26, 2007. See http://www.oal.ca.gov/notice/10z-2007.pdf (p.448)
  • The California Energy Commission will hold a public hearing on proposed new regulations establishing a greenhouse gas emission performance standard for baseload generation powerplants and a process for calculating the emissions of greenhouse gases from baseload powerplants and enforcing the standard. The proposed actions are taken under the authority of sections 25213 and 25218(e) of the Public Resources Code. These regulations would implement, interpret, and make specific several provisions of Public Utilities Code section 8341. The hearing will be held April 25, 2007. Comments are due April 25, 2007. See http://www.oal.ca.gov/notice/10z-2007.pdf (p. 452)

Toxic Substances:

  • The Department of Toxic Substances Control will hold a public hearing on the proposal to amend the California Code of Regulations, chapter 51.5, article 1, emergency regulations that were approved by the Office of Administrative Law (OAL) on November 27, 2006, and designated as OAL Reference Number 06-1117-11E. The proposed regulations will finalize the emergency provisions and make other procedural and clarifying changes to regulation text in sections 69100, 69101, 69102, 69103, 69104, 69105, 69106, 69107, 69108 and adding section 69109. The hearing will be held April 23, 2007. Comments are due April 23, 2007. See http://www.oal.ca.gov/notice/10z-2007.pdf (p. 457)

COLORADO

Water:

FLORIDA

Air:

  • The Department of Environmental Protection gives noticed of proposed rule amendments to: 62-210.200, Definitions; 62-210.300, Permits Required; 62-210.310, Air General Permits; and 62-210.920, Registration Forms for Air General Permits. The proposed rule amendments revise and update requirements for bulk gasoline plant permitting exemptions and for the use of the Bulk Gasoline Plant Air General Permit. If requested, the Department will hold a public hearing on April 11, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3311/3311.html (p. 1284)
  • The Department of Environmental Protection gives notice of proposed rule amendments to: 62-252.200, Definitions;62-252.300, Gasoline Dispensing Facilities--Stage I Vapor Recovery; 62-252.400, Gasoline Dispensing Facilities--Stage II Vapor Recovery; 62-252.500, Gasoline Tanker Trucks or Trailers; and 62-252.900, Form. The proposed rule amendments address air pollution regulatory requirements statewide for gasoline dispensing facilities and tanker trucks and trailers. If requested, the Department will hold a public hearing on April 11, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3311/3311.html (p. 1286)
  • The Department of Environmental Protection gives notice of proposed rule amendments to: 62-296.418, Bulk Gasoline Plants; and 62-296.509, Bulk Gasoline Plants. The proposed rule addresses control technology requirements for new bulk gasoline plants on a statewide basis. If requested, the Department will hold a public hearing on April 11, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3311/3311.html (p. 1289)

Fisheries:

  • The Fish and Wildlife Conservation Commission will hold a public hearing on the proposed repeal of 68A-23.008, Introduction of Non-Native Aquatic Species in the Waters of the State; Provisions for Sale and Inspection of Fish for Bait or Propagation Purpose; Diseased Fish. This proposed repeal eliminates provisions relating to introduction of non-native aquatic species, which will be moved to proposed new Rule Chapter 68-5, F.A.C. The repealed provisions relating to diseased fish will be moved to Rule 68A-4.005, F.A.C. The effect of this repeal will be to consolidate related regulatory provisions in the same place and allow citizens easier access to them. The hearing will be held April 11-12, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1117)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to: 68B-14.001, Purpose and Intent, Designation as Restricted Species; 68B-14.0035, Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper; 68B-14.00355, Size Limits for Importation and Sale; 68B-14.0036, Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption; 68B-14.0045, Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits; and 68B-14.005, Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation. The purpose of these rule amendments is to modify the Commission's Reef Fish Rule to become consistent with federal reef fish regulations in the South Atlantic and Gulf of Mexico. The hearing will be held April 11-12, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1119)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to: 68B-28.003, Diving: Open and Closed Areas; and 68B-28.0035, Commercial Sponge Size Limit and Gear. The purpose of these rule amendments is to expand the area where the taking of commercial sponges by diving in the waters of the state of Florida is allowed and to specify the method by which they may be harvested. The hearing will be held April 11-12, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1123)

Water:

  • The Department of Environmental Protection will hold a public hearing on proposed new Chapter 62-346, F.A.C., to implement the new Environmental Resource Permitting Program within the Northwest Florida Water Management District, generally referred to as the “Panhandle.” The hearing will be held April 4, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1077)
  • The Department of Environmental Protection will hold a public hearing on proposed rule amendments to 62-4.001, Scope of Part I; 62-4.200, Scope of Part II; and 62-4.510, Scope of Part III. The proposed rule amends the scope sections within each of the three Parts of Chapter 62-4, F.A.C., as part of concurrent rulemaking that will implement a new Environmental Resource Permitting Program in the Florida Panhandle. The hearing will be held April 4, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1071)
  • The Department of Environmental Protection will hold a public hearing on proposed rule amendments to numerous sections within Chapter 62-341, F.A.C., which currently establishes 35 noticed general permits under the Environmental Resource Permit (ERP) program authorized by Part IV of Chapter 373, F.S., within the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts. The chapter is proposed to be amended to make available certain noticed general permits within the Florida Panhandle, as authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. Specifically, Section 373.4145(3)(d), F.S., requires the new ERP rules in the Panhandle to “Incorporate the exemptions and general permits that are effective under this part and have been enacted by rule by the department and other water management districts, including the general permits authorized by Section 403.814, F.S.” The hearing will be held April 4, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1072)

Wildlife:

  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed new rule 68-1.003, Florida Fish and Wildlife Conservation Commission Grants Program. The purpose of the proposed rule is to revise the dates of three Commission grant program guideline documents that are incorporated by reference in the rule. These changes will primarily clarify and update certain programmatic and administrative processes to improve efficiency. The hearing will be held April 11-12, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1110)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to: 68A-25.002, General Provisions for Taking, Possession and Sale of Reptiles; and 68A-25.006, Possession, Exhibition, and Caging Venomous Reptiles: Prohibited Species. The purpose of this rule amendment and rule repeal is to delete provisions regarding the importation of certain tortoises and provide for the continuation of permit requirements for possession of venomous reptiles until January 1, 2008, at which time superseding requirements will become effective in new Rule 68A-6.007, F.A.C. The rule repeal will eliminate on January 1, 2008, provisions for caging and exhibition of venomous reptiles. Those provisions will be replaced by Rule 68A-6.007, F.A.C., on that date. The effect of this rulemaking will be to consolidate related regulatory provisions in the same place and allow citizens easier access to them. The hearing will be held April 11-12, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1117)

GEORGIA

Fisheries:

  • The Board of Natural Resources has adopted amendments to the Coastal Marshlands Protection Rules. In approving the amendments, the Board of Natural Resources Coastal Committee tasked the Department of Natural Resources to begin development of an exception or exemption to the 50-foot marshlands buffer, through a public scoping process, and to report back at the April meeting.  Public meetings to gather input on the proposed marshlands buffer exception or exemption have been set for March 20  and March 21, 2007. See http://crd.dnr.state.ga.us/content/displaycontent.asp?txtDocument=1118

Water:

  • The Environmental Protection Division of the Georgia Department of Natural Resources will hold a series of public hearings on proposed amendments to Georgia’s Rules for Environmental Planning Criteria, Rule 391-3-16-.01, Water Supply Watersheds. This rule is being amended to clarify that local ordinances providing for the protection of required stream buffers may also contain provisions for alternative buffer widths that specify a set of guidelines that determines the amount of buffer and requirements for other guidelines that must be followed. The hearings will be held April 4 and 5, 2007. Comments are due April 13, 2007. See http://www.gaepd.org/environet/16/notice.pdf

ILLINOIS

Hazardous and Solid Waste:

  • The Pollution Control Board has adopted numerous amendments to 35 Ill. Adm. Code 742, Tiered Approach to Corrective Action Objectives (TACO). The TACO regulations provide methods for developing risk-based remediation objectives to be used in environmental contamination cleanups under the Leaking Underground Storage Tank Program, Site Remediation Program, and RCRA Part B Permits and Closure Plans. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue10.pdf (p. 4063)

Water:

KENTUCKY

Air:

  • The Kentucky Environmental and Public Protection Cabinet is soliciting public comment on the annual monitoring network plan prior to submission to U.S. EPA. The annual monitoring network plan details the operation and location of ambient air monitors operated by the Kentucky Division for Air Quality, Louisville Metro Air Pollution Control District, the National Park Service, and required industrial monitors. Comments are due April 18, 2007. See http://www.air.ky.gov/homepage_repository/Public+Hearings.htm

MAINE

Air:

  • The Department of Environmental Protection Bureau of Air Quality will hold a public hearing on proposed amendments to Chapter 121, Emission Limitations and Emission Testing of Resource Recovery Facilities, Rule 2007-P55. The Department is seeking to adopt the federal standards by reference and to adopt a more stringent state standard for dioxin furan emissions. The hearing will be held April 5, 2007. Comments are due April 19, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/031407.htm

Fisheries:

  • The Department of Marine Resources will hold a series of public hearings on proposed amendments to Chapter 23, Lobster and Crab, Rule 2007-P59. The proposed rules consolidate and update all dealer reporting requirements by standardizing reported data elements and requiring dealers to report on all species landed. The hearings will be held April 9,10, and 13, 2007. Comments are due April 23, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/032107.htm
  • The Department of Inland Fisheries and Wildlife has adopted Rule 2007-97, Chapter 13, Watercraft Regulations. The new rule establishes a motor-size restriction on Nadeau Lake, located in the town of Fort Fairfield, Aroostook County. Motorboats with more than 10 horsepower will be prohibited on this body of water. The rule became effective March 19, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/032107.htm

Land Use:

  • The Department of Conservation Bureau of Parks and Lands has adopted rule number 2007-77, which increases the percentage of the maximum cost sharing on municipal grants from 50% to 70% and updates statutory references contained in the rule. This rule became effective March 11, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/031407.htm


MASSACHUSETTS

Toxic Substances:

  • The Department of Environmental Protection will hold six public hearings on proposed amendments to 310 CMR 70.00 and new chapters 310 CMR 74.00 and 310 CMR 75.00. The proposed regulations will be applicable to all vehicle recyclers, scrap recycling facilities, automobile dealers, and manufacturers of mercury-added products.  The proposed regulations primarily address the management of mercury-added components from products at the end of their useful lives, as specified in the Mercury Management Act.  The hearings will be held April 17, 18, 19, 24, and 25, 2007. Comments are due May 7, 2007. See http://www.mass.gov/dep/toxics/stypes/hgphase1.htm

Water:

MICHIGAN

Air:

  • The Air Quality Division will hold a public hearing on the following proposed revisions to Part 8, Emission Limitations and Prohibitions, Oxides of Nitrogen: R 336.1802a; R 336.1803; R 336.1821 to R 336.1826; and R 336.1830 to R 336.1834. These proposed rules are being developed to meet requirements of U.S. EPA's Clean Air Interstate Rule to reduce transported emissions of oxides of nitrogen from electric generating units and large non-electric generating units. The proposed rules can be viewed at http://www.michigan.gov/deqair (click on "Laws & Rules"). The hearing will be held April 2, 2007. Comments are due April 2, 2007. See http://www.michigan.gov/deq/0,1607,7-135-3308-163996--,00.html#PublicHearings

MISSOURI

Air:

  • The Air Conservation Commission will hold a public hearing on the proposal to amend 10 CSR 10-6.300, Conformity of General Federal Actions to State Implementation Plans. This rule implements §176(c) of the CAA, as amended (42 U.S.C. §§7401-7671q), and regulations under 40 CFR part 51 subpart W, with respect to the conformity of general federal actions to the applicable implementation plan. The hearing will be held April 26, 2007. Comments are due May 3, 2007. See http://www.sos.mo.gov/adrules/moreg/current/2007/v32n6/v32n6.pdf (p. 541)

Land Use:

NEW HAMPSHIRE

  • The Fish and Game Department will hold a public hearing on the proposed readoption with amendments of Fis 800, Fish and Game rules on the importation, possession, and use of all wildlife. The hearing will be held April 3, 2007. Comments are due April 13, 2007. See http://www.gencourt.state.nh.us/rules/march-9-07.pdf (p. 3)

NEW JERSEY

Toxic Substances:

  • The Department of Environmental Protection is soliciting public comment on the proposal to amend the Toxic Catastrophe Prevention Act Program Rules, N.J.A.C. 7:31, to expand the requirements relating to inherently safer technologies to apply to processes covered under Programs 2 and 3 of the federal Chemical Accident Prevention program and to make these requirements applicable to both existing and new processes rather than to just newly designed and constructed Program 3 covered processes. See http://www.nj.gov/dep/rules/proposals/20070416a.pdf

NEW MEXICO

Hazardous and Solid Waste:

  • The Environmental Improvement Board has adopted amendments to 20.7.3 NMAC, Sections 7, 201, 202, 203, 301, 302, 401, 403, 405, 501, 601, 605, 701, 702, 703, 801, 803, 805, 807, 808, 811, 902, 904, and 907. This rule relates to liquid waste disposal and treatment. The amendments become effective April 1, 2007. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii05/20.7.3amend.ht

Water:

General:

  • The New Mexico Environment Department will hold a public hearing to consider promulgation of 20.1.9 NMAC to govern regulatory change hearings held by the Department in order to standardize such procedures. The proposed procedures would allow any person, including the Department, to petition the Department to adopt, amend, or repeal any regulation within the Department's jurisdiction. The hearing will be held March 26, 2007. See http://www.nmenv.state.nm.us/NMED/RevisedPublicNoticeForNewspaper.pdf

NORTH CAROLINA

Water:

OHIO

Hazardous and Solid Waste:

  • The Ohio Environmental Protection Agency will hold a public hearing on the following rulemaking activities: rescission of rule number 3745-27-36, Requirements for infectious waste registration certification; new 3745-27-36, Registration requirements for generators and transporters of infectious waste; and amendment of 3745-27-37, 3745-27-38, and 3745-27-39, all relating to infectious waste treatment facilities. The hearing will be held April 10, 2007. See http://www.registerofohio.state.oh.us/jsps/

OKLAHOMA

Air

  • The Department of Environmental Quality will hold a public hearing on proposed permanent amendments to Chapter 100, Air Pollution Control. The Department is proposing to amend OAC 252:100-1-3, 252:100-8-1.1, 252:100-37-2, and 252:100-39-2 to clarify definitions including particulate matter and volatile organic compounds. The Department is proposing to amend OAC 252:100-7-2, 252:100-7-15, and 252:100-7-18 to provide consistency with state statutes and other air pollution control rules, remove reference to Subchapter 41, which has been revoked, correct the emissions calculation methods for determining if a permit is required, and clarify when construction permits are required and provide for administrative amendments to operating permits for minor facilities. The Department proposes to amend OAC 252:100-17, Part 5, to meet federal requirements for state plans CAA §111(d) applicable to existing sources. The proposed changes would incorporate standards (40 CFR 60, Subpart Cb) published on May 5, 2006, in the Federal Register that apply to Municipal Waste Combustor units with the capacity to combust more that 250 tons per day of municipal solid waste. The Department proposes to revoke OAC 252:100-37-38, Pumps and compressors. The Department is proposing a new Subchapter 44, Control of Mercury Emissions from Coal Fired Electric Steam Generating Units. The proposed new subchapter will incorporate by reference the federal Clean Air Mercury Rule (CAMR) issued in March 2005 with proposed allocations and set-asides. Prior to and at the public hearing, the Department will accept public comments regarding the allocation of mercury credits for inclusion in Oklahoma's CAMR SIP. The Department is proposing to update Appendices E and F to be consistent with federal standards. The hearing will be held April 18, 2007. Comments are due April 18, 2007. See http://www.oar.state.ok.us/register/Volume-24_Issue-13.htm#a16417

RHODE ISLAND

Fisheries:

  • The Department of Environmental Management will hold a public hearing on proposed amendments to the Rhode Island Marine Fisheries Regulations. Public comment will be solicited on the following proposals: Proposal for a lobster trap transferability plan; Proposed changes to the summer flounder recreational management plan; Proposed changes to the tautog recreational management plan; Proposed changes to the tautog commercial management plan; Proposed changes to the striped bass commercial management plan; and Proposed changes to the weakfish management plan. The hearing will be held April 9, 2007. See http://www.dem.ri.gov/programs/bnatres/fishwild/pn040907.htm

SOUTH CAROLINA

Air:

SOUTH DAKOTA

Fisheries:

  • The Department of Environment and Natural Resources Board of Minerals and Environment will hold a public hearing on the proposal to amend 33 SDR 151, air pollution control program rules, to
    comply with revision to the federal regulations. The hearing will be held April 19, 2007. See http://legis.state.sd.us/rules/register/03192007.pdf

TEXAS

Fisheries:

  • The Texas Parks and Wildlife Commission has adopted an amendment to §58.161, concerning Shrimping in Outside Waters, with changes to the proposed text as published in the December 22, 2006, issue of the Texas Register (31 TexReg 10247). The change would impose a maximum 60-day limit on any closure of the summer Gulf shrimping season implemented by order of the executive director. The amendment became effective March 21, 2007. See http://www.sos.state.tx.us/texreg/sos/adopted/31.NATURAL%20RESOURCES%20AND%20CONSERVATION.html#181

General:

Land Use:

VERMONT

Air:

  • The Air Pollution Control Division has extended the date for receiving comments on a pre-proposal of Vermont's Draft Rule to implement the Regional Greenhouse Gas Initiative. Comments are now due April 16, 2007. See http://www.anr.state.vt.us/air/cfm/AirWhatsNew.cfm

Water:

VIRGINIA

Air:

  • The Department of Environmental Quality will hold two public hearings on proposed revisions to the SIP. The revisions consist of a Reasonable Further Progress (RFP) Plan for 2002-2008, an attainment plan, an analysis of reasonably available control measures, an attainment demonstration, contingency plans for failure to attain RFP and failure to attain the air quality standard, and mobile source budgets. The hearings will be held April 24, 2007. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=9054

WASHINGTON

Water:

  • The Department of Ecology will hold two public hearings on proposed amendments to Chapter 173-98 WAC, Uses and Limitations of the Water Pollution Control Revolving Fund, and Chapter 173-95A WAC, Uses and Limitations of the Centennial Clean Water Fund. The hearings will be held March 28 and 29, 2007. See http://www.ecy.wa.gov/laws-rules/wac17398/p0516_cont.pdf
  • The Department of Ecology is soliciting public comment on the proposal to adopt amendments to Chapter 173-545 WAC, Wenatchee River Basin, water resource inventory area 45. The proposed rule amendment will address revised instream flows and tools for managing water in the Wenatchee basin. See http://www.ecy.wa.gov/laws-rules/wac173545/p0706.pdf

Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL

UK ANNOUNCES NEW MARINE BILL

Great Britain has launched a new Marine Bill, aiming to protect the country's seas and marine life by creating protected areas, improving the regulation of inshore fisheries, and easing planning for offshore industry. The bill, which calls for the creation of up to eight new Special Areas of Conservation, goes out for consultation with the aim of passing legislation next year. "The proposals in the Marine Bill White Paper are a first for the UK, and would raise planning for the management and protection of our seas to a world-leading level," said Environment Secretary David Miliband. See http://news.bbc.co.uk/2/hi/science/nature/6453287.stm

US LAWMAKERS SEEK SUPPORT FOR BILL TO CURB TRADE IN ILLEGAL TIMBER

A group of U.S. lawmakers, led by Rep. Earl Blumenauer, D-Or., is in search of support for a new logging bill that would ban the import, export, or sale of timber products made in violation of domestic or foreign law or international treaty. The bill, which is co-sponsored by Reps. Robert Wexler, D-Fla., and Jerry Weller, R-Ill., proposes to extend the Lacey Act, which prohibits the importation of wildlife taken in violation of conservation laws, to wood and timber products. "Illegal logging is a problem that crosses national boundaries to affect communities, companies and ecosystems alike," said Representative Blumenauer. According to the U.S. International Trade Commission, as much as 30 percent of U.S. hardwood imports are from suspicious or illegal sources. See http://www.enn.com/energy.html?id=1482

BRITAIN PROPOSES BINDING LIMITS ON CARBON EMISSIONS

Britain's draft Climate Change Bill calls for carbon dioxide emissions to be cut by at least 60 percent by 2050 and would create a legally binding interim target for carbon cuts of 26 to 32 percent by 2020. The new bill also sets out five-year carbon budgets to reach the target and establishes an independent committee to monitor annual progress. Environment Minister David Miliband said, "governments that fail to meet the stipulations of the bill will be subject to judicial review." The draft bill will be subjected to three months of public and parliamentary consultation before becoming law next year. See
http://www.reuters.com/article/topNews/idUSL1251789320070313

Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

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