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Weekly Update Volume 37, Issue 13

05/07/2007

LITIGATION

CONSTITUTIONAL LAW, COMMERCE CLAUSE:

The U.S. Supreme Court held that two flow-control ordinances requiring delivery of local solid waste to a publicly owned processing facility do not discriminate against interstate commerce in violation of the U.S. Constitution. The ordinances at issue treat in-state private business interests exactly the same as out-of-state ones.  The Court concluded that compelling reasons justify treating these laws differently from laws favoring particular private businesses over their competitors.  The ordinances enable the counties to pursue particular policies with respect to waste handling and treatment, while allocating the costs of those policies on citizens and businesses according to the volume of waste they generate. The contrary approach of treating public and private entities the same under the dormant Commerce Clause would lead to unprecedented and unbounded interference by the courts with state and local government. In addition, waste disposal is typically and traditionally a function of local government exercising its police power.  And while the Court’s dormant Commerce Clause cases often find discrimination when the burden of state regulation falls on interests outside the state, the most palpable harm imposed by the ordinances at issue—more expensive trash removal—will likely fall upon the very people who voted for the laws, the counties’ citizens.  Roberts, C.J., delivered the opinion of the Court, except as to Part II–D. Souter, Ginsburg, and Breyer, JJ. joined that opinion in full. Scalia, J. filed an opinion concurring as to Parts I and II-A through II-C. Thomas, J., filed an opinion concurring in the judgment. Alito, J. filed a dissenting opinion, in which Stevens and Kennedy, JJ., joined. United Haulers Ass'n v. Oneida-Herkimer Waste Management Authority, No. 05-1345, 37 ELR 20097 (U.S. Apr. 3, 2007) (46 pp).

FISHERIES, LABELING, DOLPHIN SAFE:

The Ninth Circuit held that yellowfin tuna caught by encircling dolphins with purse-seine nets may not be labeled "dolphin-safe." Environmental groups challenged the Secretary of Commerce's finding that tuna caught with purse-seine nets does not have an adverse impact on dolphin populations. But the agency's decision was arbitrary and capricious because it did not conduct the statutorily mandated studies for scientific population inferences. Nor was the finding supported by the best available scientific evidence. Further, the agency's finding was somewhat influenced by political rather than scientific concerns. The court, therefore, vacated the Secretary's final finding of no adverse impact. Without such a finding, the agency is without congressional authority to change the qualifications for labeling such tuna as dolphin-safe. Consequently, there will be no change in tuna labeling standards absent new congressional directive. The label of dolphin-safe will continue to signify that the tuna was not harvested with purse-seine nets and that no dolphins were killed or seriously injured when the tuna were caught. Earth Island Institute v. Hogarth, No. 04-17018, 37 ELR 20093 (9th Cir. Apr. 27, 2007) (23 pp.).

ESA, KILLER WHALES:

The Ninth Circuit vacated a lower court decision granting in part and denying in part cross-motions for summary judgment in a case concerning the validity of the federal government's policy for listing killer whales under the ESA. Since the lower court issued its decision, NOAA-Fisheries listed the whale as an endangered species. Hence, the case is moot. Center for Biological Diversity v. Lohn, No. 05-35638, 37 ELR 20094 (9th Cir. Apr. 26, 2007) (10 pp.).

NATIONAL FOREST MANAGEMENT ACT, NEPA, TIMBER SALE:

The Tenth Circuit affirmed in part and reversed in part the U.S. Forest Service's approval of a timber sale project in a portion of the Ashley National Forest in Utah. The court rejected an environmental group's claim that the Service failed to assess the project's impact on old-growth tress and that it failed to comply with old-growth standards in violation of the National Forest Management Act (NFMA). Nor did the Forest Service fail to assess the project's cumulative impacts on water quality and on the Colorado River Cutthroat Trout in violation of NEPA. However, in approving the project, the Service failed to adequately monitor the Colorado River Cutthroat Trout, a management indicator species. There is no evidence that the Forest Service utilized the "best available science" standard in approving the project, as required by the current NFMA regulations. Similarly, there is no evidence that the Forest Service considered the best available science concerning water quality. The court, therefore, remanded the approval for further consideration by the agency. Utah Environmental Congress v. Richmond, No. 06-4059, 37 ELR 20096 (10th Cir. Apr. 30, 2007) (26 pp.).

DISCHARGE PERMIT, REPRESENTATIONAL STANDING:

The Virginia Supreme Court held that an environmental group has standing to appeal the State Water Control Board's approval of a wastewater discharge permit affecting the James River. The State Water Control Law authorizes representational standing to a corporate person seeking judicial review of a decision of the Board. Here, the petition has met all the statutory requirements for representational standing. The group sufficiently pled a concrete, particularized, and legally protected injury to at least one of its members, the petition alleges sufficient facts to support the conclusion that there is a clear connection between the injury asserted and the Board's decision, and the injury is redressable through a favorable decision by the court. The group also demonstrated individual standing since it has alleged injury to itself as an organization separate and apart from any injury to its members. Phillip Morris USA, Inc. v. Chesapeake Bay Foundation, Inc., Nos. 060858, 060866, 37 ELR 20092 (Va. Apr. 20, 2007) (24 pp.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT:

A California appellate court reversed a lower court decision denying environmental groups' petition challenging a state agency's decision to allow timberland to be converted to a vineyard under the California Environmental Quality Act (CEQA). The agency issued a timber conversion permit to the owners of the timberland after adopting a mitigated negative declaration for the project. However, there is substantial evidence to support a fair argument that the conversion project may have a significant effect on the environment, thereby requiring the preparation of an environmental impact report (EIR) under CEQA. Thus, an EIR must be prepared, and the lower court erred in rejecting the groups' petition. Sierra Club v. California Department of Forestry & Fire Protection, No. A113774, 37 ELR 20095 (Cal. App. 1st Dist. Mar. 29, 2007) (15 pp.).

RCRA, BEVILL AMENDMENT:

An administrative law judge (ALJ) issued a preliminary order rejecting EPA’s complaint against the operator of a gray iron foundry in St. Clair, Pennsylvania, for violating RCRA. EPA alleged 13 violations under RCRA regarding the use of a cupola (a type of furnace) that emanates fly ash waste at the foundry. The Bevill amendment exempts certain wastes from RCRA, including fly ash waste generated primarily from the combustion of coal or other fossil fuels. The operator's expert witnesses concluded that majority of the fly ash material was generated from coke—a fossil fuel. Conversely, EPA's expert witness claimed that 62 percent of the baghouse dust from the foundry was something other than fly ash. This witness, however, had "never been to the [operator's] facility and consequently has never seen its cupola in operation, nor has he ever seen the emission controls in operation, or inspected the coke used there." Further, the EPA expert witness' testimony was of no value because his calculations and conclusions were incorrect. The ALJ, therefore, preliminarily concluded that the Bevill Amendment applies. The ALJ will issue a final order after it hears necessary expert testimony on the matter. In re Leed Foundry, Inc., RCRA No. 03-2004-0061, 37 ELR 47885 (EPA ALJ Apr. 24, 2007) (62 pp.).

RCRA, STORAGE:

An administrative law judge (ALJ) denied a motion for accelerated decision brought by the owner and operator of a hazardous waste facility who allegedly violated RCRA. In its complaint, EPA claimed that the respondent's facility had hazardous waste present inside cracks and on the facility's processing floor. Considering that to be a form of storage, EPA claimed that the facility was subject to the preparedness and prevention rule. The respondent argued that the preparedness and prevention rule applied only to the areas in the plant where hazardous waste is centrally stored--the central accumulation area where the respondent considers to be the "facility" portion of the plant. In addition, the respondent submitted an affidavit by a certified hazardous materials manager asserting that hazardous waste was stored at the central accumulation area and a satellite accumulation area within the facility and that the other areas were not used for treatment, storage, and disposal of hazardous waste. The ALJ denied the respondent's motion for accelerated decision because it did not clearly show that the areas at issue were excluded by the terms "storage" or "facility" as defined in the applicable regulations. Nor were there genuine issues of material fact that the areas at issue were not a "facility" or part of the respondent's "facility" within the meaning of the same regulations. The ALJ also denied the facility's request for an oral argument, holding that it would not have been of any significant assistance in resolving the motion for accelerated decision. In re Minnesota Metal Finishing, Inc., RCRA No. 05-2005-0013, 37 ELR 47882 (EPA ALJ Apr. 19, 2007) (21 pp.).

RCRA, PREHEARING EXCHANGE:

An administrative law judge (ALJ) granted a hazardous waste plant operator's motion for leave to file a supplemental prehearing exchange and granted EPA's motion to supplement the prehearing exchange, but denied EPA's motion in limine, in a case involving RCRA violations. In its complaint, EPA sought an aggregate civil penalty of $300,000 and requested a compliance order. The operator filed an answer denying the violations and both parties each filed prehearing exchanges and motions, several of which have been ruled upon. The operator then submitted a motion for leave to file supplemental prehearing exchange and a supplement to its prehearing exchange with additional exhibits and three witnesses. Similarly, EPA sought to supplement its prehearing exchange by adding two proposed expert witnesses. The ALJ granted both motions because neither party responded to the other's motion. The ALJ, however, rejected EPA's motion in limine, in which it sought to exclude 20 of the operator's prehearing exchange exhibits, arguing the documents are too old and therefore irrelevant. The ALJ denied the motion because "the mere fact that documents are from inspections prior to those at issue, or concern time periods before the alleged violations, does not render them irrelevant." Rather, the documents could be relevant to the penalty assessment. In re Minnesota Metal Finishing, Inc., RCRA No. 05-2005-0013, 37 ELR 47884 (EPA ALJ Apr. 23, 2007) (9 pp.).

RCRA, MOTION TO AMEND COMPLAINT:

An administrative law judge (ALJ) granted EPA's request to amend its complaint against the owner and operator of a hazardous waste generator that allegedly violated RCRA. EPA alleged that the respondent failed to conduct a hazardous waste determination with regard to 721 containers of solid waste located in various locations at its facility, stored hazardous waste at its facility for over 90 days without a permit or interim status, failed to label 66 containers at its facility as "hazardous waste," and failed to mark 54 containers of its hazardous waste with the accumulation start date. After the respondent filed its answer to EPA's complaint, and it moved for leave to amend its answer to add the affirmative defense of "fair notice." Some time after, EPA filed a motion for leave to file an amended complaint to reflect the locations and numbers of containers as to which it alleged the facility failed to conduct a hazardous waste determination. The following day, the respondent filed an objection to the Agency's motion alleging that EPA lacked a legitimate reason for wanting to make the amendments and was only "causing undue delay and undue prejudice." The ALJ held that there was no credible support for the assertion that EPA submitted the amendment "in bad faith or with a dilatory motive" and that the Agency's failure to include the additional allegations in the original complaint "was inadvertent and not intentional." The ALJ, therefore, granted EPA's request to amend the complaint. In re University of Kansas Medical Center, RCRA No. 07-2006-0261, 37 ELR 47883 (EPA ALJ Apr. 20, 2007) (9 pp.).

RCRA, DEFAULT ORDER:

An administrative law judge (ALJ) issued an order on default against the owner and operator of a used oil generator facility for RCRA violations and for failing to file its initial prehearing exchange by the due date. In a complaint brought by EPA, the Agency proposed that the respondent be assessed a penalty and be issued a compliance order for not responding to an EPA information request letter, not labeling containers with the words "Used Oil," and not stopping, containing, cleaning up, and properly managing used oil releases. The respondent later submitted a response to the EPA-issued information request letter, but the response, along with many of the accompanying documents, were written in Spanish and without any English translation accompanying them. The ALJ held that because the respondent's supporting documents did not have an English translation they could not conform to the respondent's "current state of compliance." The ALJ, therefore, found the respondent in default for failing to comply with the prehearing order and assessed an aggregate civil administrative penalty in the amount of $37,488. In re Municipality of Catano Department of Transportation & Public Works, RCRA No. 02-2006-7116, 37 ELR 47881 (EPA ALJ Apr. 17, 2007) (16 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 issued the Clean Air Fine Particle Implementation Rule, which provides rules and guidance on CAA requirements for state and tribal plans to implement the 1997 fine particle NAAQS. 72 FR 20585 (4/25/07).
  • EPA amended NESHAPs for automobiles and light-duty trucks and for surface coating of plastic parts and products. 72 FR 20227 (4/24/07).
  • EPA issued revised standards to limit emissions of methylene chloride, trichloroethylene, and perchloroethylene from facilities engaged in halogenated solvent cleaning so that it could provide an ample margin of safety to protect the public health; no further action beyond what is required under CAA § 112(f) is necessary at this time. 72 FR 25137 (5/3/07).
  • EPA finalized proposed revisions to the definition of "major emitting facility'' in the PSD, Nonattainment New Source Review, and Title V: Treatment of Certain Ethanol Production Facilities regulations. 72 FR 24059 (5/1/07).
  • EPA extended the temporary exhaust emission test procedure option for 2006-2008 all-terrain vehicles for up to six additional model years. 72 FR 20730 (4/26/07).
  • EPA extended the deadline for it to promulgate the next tier of emission standards for new marine compression-ignition engines at or above 30 liters per cylinder from April 27, 2007, to December 17, 2009. 72 FR 20948 (4/27/07).
  • EPA proposed to amend NESHAPs for automobiles and light-duty trucks and for surface coating of plastic parts and products; see above for direct final rule. 72 FR 20302 (4/24/07).
  • EPA proposed to extend the temporary exhaust emission test procedure option for 2006-2008 all-terrain vehicles for up to six additional model years; see above for direct final rule. 72 FR 20806 (4/26/07).
  • EPA proposed to extend the deadline for it to promulgate the next tier of emission standards for new marine compression-ignition engines at or above 30 liters per cylinder from April 27, 2007, to December 17, 2009; see above for direct final rule. 72 FR 20977 (4/27/07).
  • SIP Approvals: Illinois (revised air pollution permitting and emission standards rules) 72 FR 21116 (4/30/07). Missouri (site-specific revision pursuant to consent decree) 72 FR 25203 (5/4/07). New Mexico (PSD and new source review regulations) 72 FR 20728 (4/26/07). Ohio (transportation conformity regulations) 72 FR 20945 (4/27/07).
  • SIP Proposals: Illinois (revised air pollution permitting and emission standards rules; see above for direct final rule) 72 FR 21189 (4/30/07). Kentucky (eight-hour NAAQS, maintenance plan, and motor vehicle emission budgets) 72 FR 20966 (4/27/07). Missouri (site-specific revision pursuant to consent decree; see above for direct final rule) 72 FR 25241 (5/4/07). Montana (carbon monoxide (CO) NAAQS, motor vehicle emission budgets, and CO periodic emission inventories) 72 FR 20480 (4/25/07). Ohio (limitations on sulfur dioxide emissions) 72 FR 23783 (5/1/07); (transportation conformity regulations; see above for direct final rule) 72 FR 20965 (4/27/07).

HAZARDOUS WASTE:

  • EPA entered into a proposed administrative settlement under CERCLA concerning the Dover Municipal Well 4 Superfund site in Dover, New Jersey, that requires the settling party to pay 85% of the proceeds from an insurance claim to EPA and 15% of the proceeds to the New Jersey Department of Environmental Protection (a total of $672,397) and to transfer title of the property to EPA. 72 FR 24583 (5/3/07).
  • EPA amended the regulation for Superfund Cooperative Agreements and Superfund State Contracts; the revisions are intended to improve the administration and effectiveness of these types of agreements and contracts. 72 FR 24495 (5/2/07).

MINING:

  • OSM proposed to approve an amendment to Ohio's regulatory program under SMCRA concerning changes to the state's alternate bonding system (bond pool), funding for its regulatory and abandoned mine land programs, and its bond pool permitting procedures. 72 FR 21176 (4/30/07).
  • OSM proposed to approve an amendment to Texas' regulatory program and abandoned mine land plan under SMCRA concerning, among other things, postmining land uses, standards for revegetation success, public hearings, penalties, and liens. 72 FR 21185 (4/30/07).

PESTICIDES:

  • EPA announced the availability of a pesticide registration notice titled Guidance on Small-Scale Field Testing and Low-Level Presence in Food of Plant-Incorporated Protectants (PIPs). 72 FR 25303 (5/4/07).

TOXIC SUBSTANCES:

  • EPA removed chemicals tributyl ester and O-diethyl ester, sodium salt, from the preliminary assessment information reporting and health and safety data reporting rules that were published on August 16, 2006 (71 FR 47122 and 71 FR 47130); the Agency had inadvertently added the two chemicals to the list of voluntary high production volume challenge program orphan chemical substances, which caused them to be added to the two final rules. 72 FR 21119 (4/30/07).

WATER:

  • EPA announced that it will reissue the general permit for gold placer small suction dredge mining operations in Alaska that expires on June 4, 2007. 72 FR 20847 (4/26/07).

WILDLIFE:

  • EPA agreed to a stipulated injunction addressing its failure to ensure that its registration of 66 named pesticide active ingredients would not jeopardize the California red-legged frog, a federally listed species; the injunction requires it to make effects determinations on the pesticides' impact on the frog and to issue a bilingual brochure regarding the injunction, the frog, and pesticides. 72 FR 20544 (4/25/07).
  • FWS announced its annual petition findings for 56 foreign species that were the subjects of previous warranted-but-precluded findings; the agency found that listing is now warranted for six species but that listing of the remaining 50 species is precluded by higher-priority listing actions. 72 FR 20183 (4/23/07).
  • FWS announced its revised 12-month finding on a petition to list the upper Missouri River distinct population segment (DPS) of fluvial Arctic grayling as threatened or endangered under the ESA; the agency found that the petition is not warranted at this time and withdrew it from the candidate list. 72 FR 20305 (4/24/07).
  • FWS announced its 12-month finding on a petition to list the Sand Mountain blue butterfly as threatened or endangered under the ESA; the agency found that the petitioned action is not warranted at this time. 72 FR 24253 (5/2/07).
  • FWS announced the availability of the final comprehensive conservation plan and EA for the Kirwin National Wildlife Refuge in Kansas. 72 FR 20360 (4/24/07).
  • FWS announced the availability of the final comprehensive conservation plan for the Cabeza Prieta National Wildlife Refuge in Ajo, Arizona. 72 FR 20132 (4/23/07).
  • FWS announced the availability of the final comprehensive conservation plan for the Salt Plains National Wildlife Refuge in Jet, Oklahoma. 72 FR 20133 (4/23/07).
  • FWS announced the availability of a recovery plan for two plants, Nesogense rotensis and Osmoxylon mariannense; the plants are found only on the island of Rota in the commonwealth of the Northern Mariana Islands. 72 FR 24597 (5/3/07).
  • FWS announced the availability of the draft recovery plan for the Northern Spotted Owl. 72 FR 20865 (4/26/07).

MISCELLANEOUS:

  • Minerals Management Service submitted a proposed final five-year outer continental shelf oil and gas leasing program to the president and Congress for years 2007 to 2012 as well as a final EIS prepared in accordance with NEPA §102(2)(C). 72 FR 24326 (5/2/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Barnhill, No. 4:07-cv-00994-RBH (D.S.C. Apr. 12, 2007). Settling CWA defendants who filled wetlands without a permit must pay a civil penalty and restore the impacted areas. 72 FR 20137 (4/23/07).
  • United States v. Cyprus Amax Minerals Co., No. 6:07-CV-1109 (D. Kan. Apr. 18, 2007). A settling CERCLA defendant must perform the EPA-selected remedy at the Crestline Subsite of the Cherokee County Superfund site in Kansas, must reimburse EPA for all unreimbursed costs incurred at that subsite, and must pay EPA a portion of anticipated future costs at the Spring River Subsite of the Superfund site. 72 FR 24599 (5/3/07).
  • United States v. ExxonMobil Corp., No. 1:07-cv-00060-PB (D.N.H. Apr. 16, 2007). Settling CERCLA defendants must finance and perform the selected remedy at the Beede Waste Oil Superfund site in Plaistow, New Hampshire, estimated to cost $48 million, and must reimburse the United States and the state of New Hampshire for all interim and future costs and oversight costs up to $9.3 million; additional settling CERCLA defendants must convey the site property by deed to an entity designated by the performing defendants and must pay a total of approximately $8 million toward financing the work at the site; and settling federal agencies must pay approximately $14 million toward financing the work at the site. 72 FR 24600 (5/3/07).
  • United States v. Rhodia Inc., No. 2:07CV134 WL (N.D. Ind. Apr. 26, 2007). A settling CAA defendant must pay a $2,000,000 civil penalty, must meet certain emission limits for sulfur dioxide and acid mist, and must comply with the new source performance standards to resolve claims relating to violations of the performance standards and new source review permitting and control technology requirements at six of the defendant's sulfuric acid plants in Dominguez and Martinez, California; Hammond, Indiana; Baton Rouge, Louisiana; and Baytown and Houston, Texas. 72 FR 24601 (5/3/07).
  • United States v. Shan Industries, LLC, No. 2:07- 1839 (JLL) (D.N.J. Apr. 19, 2007). A settling CAA defendant must pay a civil penalty of $101,000 and must comply with reporting requirements set forth in the Consent Decree to resolve claims arising out of its ownership and operation of its Accurate Forming facility in Hamburg, New Jersey. 72 FR 24601 (5/3/07).

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. 761 (America COMPETES Act), which would invest in innovation and education to improve the competitiveness of the United States in the global economy, was passed by the Senate. 153 Cong. Rec. S5020 (daily ed. Apr. 25, 2007). Amendments to the bill include a provision to promote transparency at NOAA and to include the Great Lakes in NOAA's research, development, and science education programs.
  • S. Res. 125 (Endangered Species Day), which would designate May 18, 2007, as "Endangered Species Day", and encourage the people of the United States to become educated about, and aware of, threats to species, success stories in species recovery, and the opportunity to promote species conservation worldwide, was passed by the Senate. 153 Cong. Rec. S5436 (daily ed. May 1, 2007).
  • S. Res. 146 (American Eagle Day), which would designate June 20, 2007, as "American Eagle Day" and celebrate the recovery and restoration of the American bald eagle, the national symbol of the United States, was passed by the Senate. 153 Cong. Rec. S5437 (daily ed. May 1, 2007).
  • H.R. 249 (wildlife), which would restore the prohibition on the commercial sale and slaughter of wild free-roaming horses and burros, was passed by the House. 153 Cong. Rec. H4182 (daily ed. Apr. 26, 2007).
  • H.R. 518 (International Solid Waste Importation and Management Act of 2007), which 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, was passed by the House. 153 Cong. Rec. H3792 (daily ed. Apr. 24, 2007).
  • H.R. 1867 (National Science Foundation Authorization Act of 2007), which would authorize appropriations for fiscal years 2008, 2009, and 2010 for the National Science Foundation was passed by the House. 153 Cong. Rec. H4380 (daily ed. May 2, 2007).
  • H.R. 1868 (Technology Innovation and Manufacturing Stimulation Act of 2007), which would authorize appropriations for the National Institute of Standards and Technology for fiscal years 2008, 2009, and 2010 was passed by the House. 153 Cong. Rec. H4452 (daily ed. May 3, 2007).

COMMITTEE ACTION:

  • S. 992 (public buildings) was reported by the Committee on Environment and Public Works. (S. Rep. No. 110-60), 153 Cong. Rec. S5561 (daily ed. May 3, 2007). The bill would achieve emission reductions and cost savings through accelerated use of cost effective lighting technologies in public buildings.
  • S. 1248 (water resources) was reported by the Committee on Environment and Public Works. (S. Rep. No. 110-58). 153 Cong. Rec. S5306 (daily ed. Apr. 30, 2007). The bill 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.
  • S. Res. 125 (wildlife) was reported by the Committee on the Judiciary. 153 Cong. Rec. S5084 (daily ed. Apr. 25, 2007). The resolution would designate May 18, 2007, as "Endangered Species Day" and encourage the people of the United States to become educated about, and aware of, threats to species, success stories in species recovery, and the opportunity to promote species conservation worldwide.
  • S. Res. 146 (wildlife) was reported by the Committee on the Judiciary. 153 Cong. Rec. S5085 (daily ed. Apr. 25, 2007). The resolution would designate June 20, 2007, as "American Eagle Day" and celebrate the recovery and restoration of the American bald eagle, the national symbol of the United States.
  • H. Res. 331 (wildlife) was reported by the Committee on Rules. H. Rep. No. 110-109, 153 Cong. Rec. H4049 (daily ed. Apr. 24, 2007). The resolution would provide for consideration of H.R. 249 to restore the prohibition on the commercial sale and slaughter of wild free-roaming horses and burros.

BILLS INTRODUCED:

  • S. 1177 (Carper, D-Del.) (CAA, carbon dioxide, mercury) would amend the CAA to establish a national uniform multiple air pollutant regulatory program for the electric generating sector. 153 Cong. Rec. S4809 (daily ed. Apr. 20, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1182 (Dodd, D-Conn.) (national heritage corridor) would amend the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 to increase the authorization of appropriations and modify the date on which the authority of the Secretary of the Interior terminates under the Act. 153 Cong. Rec. S4809 (daily ed. Apr. 20, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1184 (Kennedy, D-Mass.) (historic preservation) 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. 153 Cong. Rec. S4841 (daily ed. Apr. 23, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1187 (Kerry, D-Mass.) (carbon dioxide) would require the Architect of the Capitol to develop a plan to reduce carbon dioxide emissions from the Capitol complex, with the goal of achieving carbon neutrality at the complex by December 31, 2020. 153 Cong. Rec. S4841 (daily ed. Apr. 23, 2007). The bill was referred to the Committee on Rules and Administration.
  • S. 1193 (Domenici, R-N.M.) (Native Americans) would direct the Secretary of the Interior to take into trust two parcels of federal land for the benefit of certain Indian Pueblos in the state of New Mexico. 153 Cong. Rec. S4917 (daily ed. Apr. 24, 2007). The bill was referred to the Committee on Indian Affairs.
  • S. 1199 (Wyden, D-Or.) (nanotechnology) would strengthen the capacity of eligible institutions to provide instruction in nanotechnology. 153 Cong. Rec. S4917 (daily ed. Apr. 24, 2007). The bill was referred to the Committee on Health, Education, Labor, and Pensions.
  • S. 1201 (Sanders, I-Vt.) (CAA) would amend the CAA to reduce emissions from electric powerplants. 153 Cong. Rec. S4918 (daily ed. Apr. 24, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1207 (Landrieu, D-La.) (energy efficiency) would amend the Internal Revenue Code of 1986 to increase and extend the energy efficient commercial buildings deduction. 153 Cong. Rec. S5085 (daily ed. Apr. 25, 2007). The bill was referred to the Committee on Finance.
  • S. 1209 (Feinstein, D-Cal.) (national parks) would provide for the continued administration of Santa Rosa Island, Channel Islands National Park, in accordance with the laws, regulations, and policies of the National Park Service. 153 Cong. Rec. S5086 (daily ed. Apr. 25, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1227 (Kerry, D-Mass.) (carbon dioxide) would amend the CAA to establish carbon dioxide new source performance standards for new coal-fired electric generated units. 153 Cong. Rec. S5183 (daily ed. Apr. 26, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1238 (Casey, D-Pa.) (Energy Policy Act) would repeal certain provisions of the Energy Policy Act of 2005, close tax loopholes, impose windfall profits tax on major integrated oil companies, and provide a reserve fund for biofuels research and infrastructure and payments for low-income households. 153 Cong. Rec. S5183 (daily ed. Apr. 26, 2007). The bill was referred to the Committee on Finance.
  • S. 1246 (Lieberman, ID-Conn.) (disease control) would establish and maintain a wildlife global animal information network for surveillance internationally to combat the growing threat of emerging diseases that involve wild animals such as the bird flu. 153 Cong. Rec. S5183 (daily ed. Apr. 26, 2007). The bill was referred to the Committee on Health, Education, Labor, and Pensions.
  • S. 1247 (Lieberman, ID-Conn.) (historic sites) would amend the Weir Farm National Historic Site Establishment Act of 1990 to limit the development of any property acquired by the Secretary of the Interior for the development of visitor and administrative facilities for the Weir Farm National Historic Site. 153 Cong. Rec. S5183 (daily ed. Apr. 26, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1248 (Boxer, D-Cal.) (water resources) 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. S5306 (daily ed. Apr. 30, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1258 (Cantwell, D-Wash.) (Reclamation Safety of Dams Act) would amend the Reclamation Safety of Dams Act of 1978 to authorize improvements for the security of dams and other facilities. 153 Cong. Rec. S5390 (daily ed. May 1, 2007).The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1268 (Dorgan, D-N.D.) (outer continental shelf) would provide for the development and inventory of certain outer continental shelf resources. 153 Cong. Rec. S5497 (daily ed. May 2, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1281 (Thomas, R-Wyo.) (Wild and Scenic Rivers Act) would amend the Wild and Scenic Rivers Act to designate certain rivers and streams of the headwaters of the Snake River System as additions to the National Wild and Scenic Rivers System. 153 Cong. Rec. S5561 (daily ed. May 3, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1286 (Smith, R-Or.) (land conveyance) would authorize the Coquille Indian Tribe of the state of Oregon to convey land and interests in land owned by the tribe. 153 Cong. Rec. S5561 (daily ed. May 3, 2007). The bill was referred to the Committee on Indian Affairs.
  • S. 1291 (Thune, R-S.D.) (renewable energy) would amend the Internal Revenue Code of 1986 to extend and modify the renewable energy production credit and to extend and modify the credit to holders of clean renewable energy bonds. 153 Cong. Rec. S5562 (daily ed. May 3, 2007). The bill was referred to the Committee on Finance.
  • S. 1297 (Boxer, D-Cal.) (CAA) would amend the CAA Act to promote the use of advanced clean fuels that help reduce air and water pollution and protect the environment. 153 Cong. Rec. S5562 (daily ed. May 3, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1303 (Inhofe, R-Okla.) (FWPCA) would amend the FWPCA to enhance the security of wastewater treatment works. 153 Cong. Rec. S5562 (daily ed. May 3, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1304 (McCain, R-Ariz.) (National Trails System Act) would amend the National Trails System Act to designate the Arizona National Scenic Trail. 153 Cong. Rec. S5562 (daily ed. May 3, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • H.R. 1975 (Maloney, D-N.Y.) (national forests) would designate certain National Forest System lands and public lands under the jurisdiction of the Secretary of the Interior in the states of Idaho, Montana, Oregon, Washington, and Wyoming as wilderness, wild and scenic rivers, wildland recovery areas, and biological connecting corridors. 153 Cong. Rec. H3723 (daily ed. Apr. 20, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1976 (Doyle, D-Pa.) (coal) would amend the Internal Revenue Code of 1986 to modify the refined coal credit to include qualified coal waste sludge recycling. 153 Cong. Rec. H3723 (daily ed. Apr. 20, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1977 (Berkley, D-Nev.) (solar and geothermal energy) would amend the Internal Revenue Code of 1986 to allow solar and geothermal investment credit for public utility property. The bill was referred to the Committee on Ways and Means. 153 Cong. Rec. H3723 (daily ed. Apr. 20, 2007).
  • H.R. 1987 (Jefferson, D-La.) (biodiesel) would amend the Internal Revenue Code of 1986 to allow the small agri-biodiesel credit for biodiesel derived from waste vegetable oils. 153 Cong. Rec. H3723 (daily ed. Apr. 20, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1989 (Pearce, R-N.M.) (national conservation area) would establish the Fort Stanton-Snowy River Cave National Conservation Area. 153 Cong. Rec. H3723 (daily ed. Apr. 20, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2001 (Inslee, D-Wash.) (energy) would amend the Internal Revenue Code of 1986 to apply the energy credit to combined heat and power system property. 153 Cong. Rec. H3776 (daily ed. Apr. 23, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 2010 (Rahall, D-W.Va.) (aquaculture) would provide the necessary authority to the Secretary of Commerce for the establishment and implementation of a regulatory system for offshore aquaculture in the U.S. exclusive economic zone. 153 Cong. Rec. H4050 (daily ed. Apr. 24, 2007). The bill was referred to the Committees on Natural Resources, Ways and Means, and Foreign Affairs.
  • H.R. 2016 (Grijalva, D-Ariz.) (national landscape) would establish the National Landscape Conservation System. 153 Cong. Rec. H4050 (daily ed. Apr. 24, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2029 (Capps, D-Cal.) (ecosystem restoration) would facilitate the restoration of the native ecosystem on Santa Rosa Island within the Channel Islands National Park. 153 Cong. Rec. H4175 (daily ed. Apr. 25, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2036 (Inslee, D-Wash.) (renewable energy) would promote the development and use of marine and hydrokinetic renewable energy technologies. 153 Cong. Rec. H4175 (daily ed. Apr. 25, 2007). The bill was referred to the Committees on Energy and Commerce, Science and Technology, Ways and Means, and Natural Resources.
  • H.R. 2037 (Kaptur, D-Ohio) (renewable fuels) would amend the Energy Policy and Conservation Act of 1992 to require states to meet certain goals for the use of renewable fuels. 153 Cong. Rec. H4175 (daily ed. Apr. 25, 2007). The bill was referred to the Committee on Energy and Commerce and the Committee on Agriculture.
  • H.R. 2038 (Kind, D-Wis.) (biofuel) would promote biogas production. 153 Cong. Rec. H4175 (daily ed. Apr. 25, 2007). The bill was referred to the Committee on Ways and Means and the Committee on Agriculture.
  • H.R. 2039 (Levin, D-Mich.) (alternative fuels) would amend the Internal Revenue Code of 1986 to modify the alternative fuel vehicle refueling property credit. 153 Cong. Rec. H4175 (daily ed. Apr. 25, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 2042 (Ruppersberger, D-Md.) (liquefied natural gas) would amend the Natural Gas Act to modify a provision relating to the siting, construction, expansion, and operation of liquefied natural gas terminals. 153 Cong. Rec. H4175 (daily ed. Apr. 25, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2049 (Woolsey, D-Cal.) (OSH Act) would amend the OSH Act to expand coverage under the Act, to increase protections for whistleblowers, to increase penalties for certain violators, and for other purposes. 153 Cong. Rec. H4203 (daily ed. Apr. 26, 2007). The bill was referred to the Committee on Education and Labor.
  • H.R. 2057 (Grijalva, D-Ariz.) (NEPA; oil and gas) would amend the Energy Policy Act of 2005 to repeal a rebuttable presumption that the use of a categorical exclusion under NEPA would apply with respect to actions by the Secretary of the Interior and the Secretary of Agriculture with respect to certain activities for the purpose of exploration or development of oil or gas. 153 Cong. Rec. H4203 (daily ed. Apr. 26, 2007). The bill was referred to the Committee on Natural Resources.
  • H. Res. 341 (David Davis, R-Tenn.) (wildlife) would support the goals and ideals of "American Eagle Day" and celebrate the recovery and restoration of the American bald eagle, the national symbol of the United States. 153 Cong. Rec. H4204 (daily ed. Apr. 26, 2007). The resolution was referred to the Committee on Natural Resources.
  • H. Con. Res. 122 (Inslee, D-Wash.) (recycling) would support the goal and mission of America Recycles Day. 153 Cong. Rec. H3724 (daily ed. Apr. 20, 2007). The congressional resolution was referred to the Committee on Energy and Commerce.
  • H.R. 2076 (Norton, D-D.C.) (SDWA) would amend the SDWA to ensure that the District of Columbia and states are provided a safe, lead-free supply of drinking water. 153 Cong. Rec. H4209 (daily ed. Apr. 30, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2079 (Smith, R-Tex.) (hybrid vehicles) would seek to reduce the Nation's dependence on foreign sources of oil and reduce carbon emissions by promoting plug-in hybrid electric vehicles and related advanced vehicle technologies. 153 Cong. Rec. H4209 (daily ed. Apr. 30, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 2083 (Gordon, D-Tenn.) (Energy Policy and Conservation Act) would amend the Energy Policy and Conservation Act to improve energy standards for home appliances. 153 Cong. Rec. H4291 (daily ed. May 1, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2088 (Everett, R-Ala.) (water conservation) would require the Secretary of Agriculture to provide cost-share payments in support of on-farm water conservation projects to enhance regional water availability and quality. 153 Cong. Rec. H4291 (daily ed. May 1, 2007). The bill was referred to the Committee on Agriculture.
  • H.R. 2112 (Israel, D-N.Y.) (Energy Policy Act) would amend the Energy Policy Act of 1992 to require the federal government to acquire not fewer than 50,000 plug-in hybrid electric vehicles. 153 Cong. Rec. H4415 (daily ed. May 2, 2007). The bill was referred to the Committee on Oversight and Government Reform.
  • H.R. 2118 (Peterson, D-Minn.) (agriculture) would establish the National Institute of Food and Agriculture to provide funding for the support of fundamental agricultural research of the highest quality. 153 Cong. Rec. H4415 (daily ed. May 2, 2007). The bill was referred to the Committee on Agriculture.
  • H.R. 2120 (Stupak, D-Mich.) (Native Americans) would direct the Secretary of the Interior to proclaim as reservation for the benefit of the Sault Ste. Marie Tribe of Chippewa Indians a parcel of land now held in trust by the United States for that tribe. 153 Cong. Rec. H4416 (daily ed. May 2, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2121 (Stupak, D-Mich.) (land grant) would modify a land grant patent issued by the Secretary of the Interior. 153 Cong. Rec. H4416 (daily ed. May 2, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2137 (Levin, D-Mich.) (energy efficiency) would amend the Internal Revenue Code of 1986 to modify the energy efficient appliance credit for appliances produced after 2007. 153 Cong. Rec. H4484 (daily ed. May 3, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 2141 (Conaway, R-Tex.) (drinking water) would allow small public water systems to request an exemption from the requirements of any national primary drinking water regulation for a naturally occurring contaminant. 153 Cong. Rec. H4484 (daily ed. May 3, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2144 (DeLauro, D-Conn.) (agriculture) would extend and enhance farm, nutrition, and community development programs of the USDA. 153 Cong. Rec. H4484 (daily ed. May 3, 2007).The bill was referred to the Committees on Agriculture, Energy and Commerce, Education and Labor, and Ways and Means.
  • H.R. 2145 (Mario Diaz-Balart, R-Fla.) (Native Americans) would establish a pilot program in the Department of State for improvement of government-to-government relations with the Miccosukee Tribe of Indians of Florida. 153 Cong. Rec. H4484 (daily ed. May 3, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2154 (Herseth Sandlin, D-S.D.) (renewable energy) would seek to enhance and improve the energy security of the United States, expand economic development, increase agricultural income, and improve environmental quality by reauthorizing and improving the renewable energy systems and energy efficiency improvements program of the Department of Agriculture through fiscal year 2012. 153 Cong. Rec. H4485 (daily ed. May 3, 2007). The bill was referred to the Committee on Agriculture.
  • H.R. 2162 (Lowey, D-N.Y.) (nuclear facilities) would provide certain requirements for the licensing of commercial nuclear facilities. 153 Cong. Rec. H4485 (daily ed. May 3, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2169 (Smith, D-Wash.) (FWPCA) would amend the FWPCA to clarify that fill material cannot be comprised of waste. 153 Cong. Rec. H4486 (daily ed. May 3, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 2171 (Reyes, D-Tex.) (electric utilities) would amend the Public Utility Regulatory Policies Act of 1978 to provide for disclosure to consumers of the fuels and sources of electric energy purchased from electric utilities. 153 Cong. Rec. H4486 (daily ed. May 3, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2176 (Stupak, D-Mich.) (Native Americans) would provide for and approve the settlement of certain land claims of the Bay Mills Indian Community. 153 Cong. Rec. H4486 (daily ed. May 3, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2178 (Walberg, R-Mich.) (CAA) would amend the CAA to require that, after five years, all diesel fuel sold to consumers in the United States for motor vehicles contain not less than 2 percent bio-fuel. 153 Cong. Rec. H4486 (daily ed. May 3, 2007). The bill 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:

Alabama California Florida Maine Montana New York Pennsylvania Texas Alaska Colorado Idaho Michigan Nebraska North Carolina Rhode Island Virginia Arizona Connecticut Iowa Minnesota New Jersey Ohio South Dakota Washington Arkansas Delaware Louisiana Missouri New Mexico Oregon South Carolina Wisconsin

ALABAMA

Fisheries:

Water:

ALASKA

Water:

ARIZONA

General:

  • The Department of Environmental Quality is soliciting public comment on proposed changes to A.A.C. Title 18, Chapter 1, Department of Environmental Quality Administration. The changes are intended to improve the clarity and efficiency of the rules that govern formal administrative adjudications filed with the department. Comments are due May 21, 2007. For draft rule changes and other information, see http://www.azsos.gov/public_services/Register/2007/16/proposed.pdf (pp.1362-1367).

Water:

  • The Department of Natural Resources adopted rule changes to A.A.C. Title 12, Chapter 15, Article 7, Assured and Adequate Water Supply, concerning the Assured Water Supply Program and its relationship to the management goals of the Pinal Active Management Area. These changes become effective October 1, 2007. See http://www.azwater.gov/WaterManagement_2005/Content/AMAs/PhoenixAMA/default.htm (pp. 1394-1417).
  • The Department of Water Resources will conduct a public hearing on proposed amendments to several sections of R12-15 regarding various Department of Water Resources regulations. The changes intend to correct errors and conform rule language to statutory and other changes made after the rules became effective. Most of the amendments were identified in the department's most recent five-year-review report to the governor's Regulatory Review Committee. The meeting will be held May 29, 2007. Comments are due May 29, 2007. See http://www.azsos.gov/public_services/Register/2007/17/proposed.pdf

ARKANSAS

Water:

  • The Pollution Control and Ecology Commission will hold a public hearing to receive comments on a second phase of proposed changes to Commission Regulation No. 2, Arkansas Water Quality Standards, developed through the Triennial Review process for the regulation. The meeting will be held June 20, 2007. Comments are due July 5, 2007. See http://www.adeq.state.ar.us/poa/pa/pn_reg_notice.asp

CALIFORNIA

Land Use:

  • The Department of Food and Agriculture will conduct a public hearing on the proposed adoption of Article 2.1, Sections 1391 and 1391.1, of the regulations in Title 3 of the California Code of Regulations pertaining to organic certification appeals and mediation. Section 1391 would outline the appeal process for denial, suspension, or revocation of organic certification, while section 1391.1 would specify the process for mediation of the denial, suspension, or revocation of organic certification. The meeting will be held June 12, 2007. Comments are due June 11, 2007. See http://www.oal.ca.gov/pdfs/notice/17z-2007.pdf (pp. 697-698)

Toxic Substances:

  • The Office of Environmental Hazard Assessment revised and republished its list of chemicals known to the state to cause cancer or reproductive toxicity in accordance with the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Significant changes include the addition of Di-isodecyl phthalate to the list. A full list with revisions can be found at http://www.oal.ca.gov/pdfs/notice/16z-2007.pdf (pp. 664-681).
  • The Office of Environmental Health Hazard Assessment is soliciting public comments on a draft document describing a unit risk factor for estimating lifetime cancer risk associated with inhalation of ethylbenzene. This draft document has been developed by OEHHA for use in implementing the programs for Toxic Air Contaminants (Health and Safety Code Section 39650 et seq.) and Air Toxics Hot Spots (Health and Safety Code Section 44300 et seq.). A copy of the proposal for the adoption of a unit risk factor for ethylbenzene is available at http://oehha.org/air/toxic_contaminants/pdf_zip/Ethylbenzene_2007_Public%20Review%20Draft.pdf. The hearing will be held May 23, 2007; comments are due June 1, 2007. See http://oehha.org/air/toxic_contaminants/ethylbenz042007.html
  • The Department of Toxic Substances Control (DTSC) will conduct a public hearing on proposed amendments to section 67391.1 of California Code of Regulations, title 22, division 4.5, chapter 39, governing Land Use Covenants. This proposed amendment intends to: (1) clarify when it is appropriate for DTSC to require land use restrictions in the form of covenants and to include a description of the implementation and enforcement provisions necessary to ensure the integrity and long-term protectiveness of the land use covenant; (2) ensure that the regulation applies to site cleanup activities being conducted under DTSC's new brownfields authority of chapter 6.82 of the Health and Safety Code; and (3) for federally owned property, permit land use covenants to be executed by DTSC and the federal government (or the successor-in-interest to the federal government) during the initial property transfer process and be properly recorded. The hearing will be held June 11, 2007. Comments are due June 11, 2007. See http://www.oal.ca.gov/pdfs/notice/17z-2007.pdf (pp. 717-722).

Water:

COLORADO

Air:

  • The Air Quality Control Commission will hold a public rulemaking hearing consider proposed revisions to Regulation Number 8, Part B, Control of Hazardous Air Pollutants, Asbestos, provided for by the General Assembly in 2006 House Bill 1177. The Air Pollution Control Division will present a proposal to require exams for air monitoring specialists; to allow the division to administratively establish certification renewal periods and re-test requirements; and to apply the regulation consistently over all types of buildings. The hearing will be held June 21. Comments are due June 7. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/junereg8notice.pdf

Water:

CONNECTICUT

Wildlife:

  • The Department of Environmental Protection will hold a public hearing to consider the adoption of sections 26-55-4 of the Regulations of Connecticut State Agencies. The proposed rule intends to prevent the introduction of Chronic Wasting Disease (CWD) into Connecticut by prohibiting the importation of neurological tissue of deer, elk, and moose from states and provinces where CWD has been confirmed. This regulation had originally passed as an emergency regulation on October 27, 2005, and the only change in this proposed regulation from the emergency regulation is the addition of moose due to the recent discovery of CWD in this species. No relationship has been documented between CWD and humans to date, however CWD has the potential to seriously impact Connecticut’s native white-tailed deer herd. Draft rules are available at http://www.ct.gov/dep/lib/dep/public_notice_attachments/draft_regulations/20070424cwdproposedregs.pdf. The hearing will be conducted May 25, 2007. Comments are due June 1. See http://www.ct.gov/dep/cwp/view.asp?A=2586&Q=378424

DELAWARE

Air:

Water:

  • The Department of Natural Resources and Environmental Control will hold public hearings on proposed rule 7 DE Admin. Code 7403, Pollution Control Strategy for the Indian River, Indian River Bay, Rehoboth Bay, and Little Assawoman Bay Watersheds, Delaware. The proposed strategy includes both voluntary and regulatory actions that need to be implemented in order to achieve the nitrogen and phosphorus load reductions required by the TMDLs for these watersheds. The proposed regulations would impact multiple sources of nutrients including point sources, stormwater, and onsite wastewater treatment and disposal systems. The meetings will be held June 13 and 14, 2007. Comments are due June 29, 2007. http://regulations.delaware.gov/register/may2007/proposed/10%20DE%20Reg%201671%2005-01-07.htm#P9_234

FLORIDA

Water:

  • The Department of Environmental Protection announces the promulgation of a rule establishing TMDLs and their allocations for impaired segments of the Upper St. Johns River, Middle St. Johns River, and Caloosahatchee River Basin. If requested, a public hearing will be held May 18, 2007. See http://tlhora6.dep.state.fl.us/onw/pub_date.asp?pubdate=4/21/2006

IDAHO

Hazardous and Solid Waste:

  • The Department of Environmental Quality will conduct a public hearing on the development of the text of proposed rule 58.01.10, Rules Regulating the Disposal of Radioactive Materials not Regulated under the Atomic Energy Act of 1954, as Amended. This rulemaking will include the addition of a new category to the definition of radioactive material at Subsection 010.10 and make any necessary corrections that are typographical and nonsubstantive in nature. The hearing will be May 22, 2007. Comments are due May 31, 2007. See http://adm.idaho.gov/adminrules/bulletin/bul/07may.pdf (p. 63)

Water:

  • The Department of Environmental Quality is soliciting public comment on its draft water quality certification of a federal permit regulating the discharge of dredge and fill material for various activities throughout Idaho. State certification is required under CWA §401 for 404 §permits (discharge of dredge and fill material) issued by the U.S. Army Corps of Engineers. Comments are due May 4, 2007. See http://www.deq.idaho.gov/Applications/NewsApp/checkNewsCache.cfm?news_id=1849

IOWA

Water:

  • Environmental Protection Commission amended Chapter 61, Water Quality Standards, Iowa Administrative Code. The amendment will provide water quality certification pursuant to CWA §401 for 49 U.S. Army Corps of Engineers Nationwide Permits and 3 Regional Permits. This amendment will become effective on May 30, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070425.pdf (pp. 1408-1409).

LOUISIANA

Fisheries:

  • The Wildlife and Fisheries Commission of the Department of Wildlife and Fisheries has adopted emergency rules regarding the end of the oyster season. The rule became effective April 4, 2007. See http://www.doa.louisiana.gov/osr/reg/0704/0704emr.pdf (p. 632).
  • The Wildlife and Fisheries Commission of the Department of Wildlife and Fisheries has adopted emergency rules regarding the red snapper season and the size, daily limit, and possession limits for red snapper. This rule became effective April 4, 2007. See http://www.doa.louisiana.gov/osr/reg/0704/0704emr.pdf (p. 632).

MAINE

Air:

  • The Department of Environmental Protection will conduct a public hearing on the proposed adoption of new rules under Ch. 139, Transportation Conformity. The proposed regulations include: (1) the criteria and procedures for consultation; and (2) enforcement and enforceability. The proposed rules intend to bring federally supported highway and transit project activities into conformity with the SIP in areas that are designated nonattainment and for those re-designated to attainment after 1990. The hearing will be held May 17, 2007. Comments are due May 31, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/042507.htm

Fisheries:

  • The Department of Inland Fisheries and Wildlife is soliciting public comment on a proposed amendment to Ch. 4, Hunting and Trapping: 4.01(J), Size of Traps, and 4.01(K), Location of and Preparation for Traps. The proposed amendment intends to protect eagles and lynx, both species listed under the ESA. This rule will restrict the use of bait and restricts the type of sets that can be made in Wildlife Management Districts 1 through 11. Comments are due May 25, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/042507.htm
  • The Department of Marine Resources will conduct public hearings on proposed amendments to Ch. 36.01(D)(1) & (3), Herring Management Plan, Catch Restrictions, Atlantic States Marine Fisheries Commission Zero Tolerance Compliance. The proposed amendments would bring Maine's herring regulations into compliance with the Interstate Fishery Management Plan for Atlantic Herring regarding zero tolerance of spawn herring taken from within a restricted spawning management area. The vessel transit provision, when carrying legally caught spawn herring, would also be amended to require that all fishing gear be stowed when transiting a closed area. Meetings will be held May 15, 2007. Comments are due May 25, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/042507.htm

MICHIGAN

Water:

  • The Water Bureau will conduct a public hearing on proposed revisions to administrative rule R323.1707 Part 91, Soil Erosion and Sedimentation Control (SECS). The proposed rule will rescind the requirement for the Michigan Department of Environmental Quality to serve as the SESC permitting agency when an earth change is under the jurisdiction of two or more county or municipal enforcing agencies. The proposed rule will allow counties and municipalities to issue SESC permits for the portion of the earth change under their respective jurisdictions. The hearing will be held Wednesday, May 30, 2007. Comments are due Monday, June 11, 2007. See http://www.michigan.gov/deq/0,1607,7-135-3308-166913--,00.html

MINNESOTA

General:

  • The Department of Natural Resources intends to adopt amendments to Rules Governing Ecological Services, Minnesota Rules, chapters 6133, 6136, 6216, 6238, and 6280; and repeal Rules Governing Ecological Services, Minnesota Rules, chapters 6136, 6216, and 6238, without a public hearing. The proposed rules cover a variety of areas pertaining to ecological services including, among other things, restitution values for lake sturgeon; eligibility requirements for inclusion of land in the native prairie bank; designation of invasive species and infested waters; transporting, diverting, and appropriating water from infested waters; falconry and raptor propagation permits, facility standards, and reporting and marking requirements, and restrictions on taking raptors; and standards for black fly control permits. If 25 or more persons submit a written request for a hearing on the Rules by May 30, 2007, one will be conducted on June 19, 2007. See http://www.comm.media.state.mn.us/bookstore/stateregister/31_44.pdf (pp. 1476-1496)

MISSOURI

Wildlife:

  • The Conservation Commission of the Department of Conservation is soliciting public comment on amendments to 3 CSR 10-4.130, Owner May Protect Property; Public Safety. The commission proposes to rename the title of the rule, amend sections (1) and (4), and add new sections (5) and (6) with the intention of clarifying provisions for killing black bears and mountain lions if they are threatening humans or attacking or killing domestic animals or livestock. Comments are due May 31, 2007. See http://www.sos.mo.gov/adrules/moreg/current/2007/v32n9/v32n9.pdf (p. 676).

MONTANA

Land Use:

  • The Board of Environmental Review has extended the deadline for public comment on proposed amendments to ARM 17.30.617 and 17.30.638 pertaining to outstanding resource water designation for the Gallatin River. Comments are now due July 2, 2007. See http://deq.mt.gov/dir/legal/hearing.asp

NEBRASKA

Air:

  • The Department of Environmental Quality will hold a public hearing on Title 129, Proposed SIP for the NAAQS for Ozone and Particulate Matter less than 2.5 microns. The meeting will be held May 18, 2007. See http://www.deq.state.ne.us/

NEW JERSEY

Water:

NEW MEXICO

Toxic Substances:

  • The Petroleum Tank Storage Bureau will hold a public meeting on proposed changes to the Petroleum Storage Tank Regulations, 20.5 NMAC. In part, these changes intend to make the regulations conform to the 2005 federal Energy Policy Act, which imposes a series of new requirements on UST programs. Other revisions concern improvements to aboveground storage tank regulations, delinquent tank fee collection, and streamlining of remediation claims processes. The meeting will be held May 9, 2007. See http://www.nmenv.state.nm.us/ust/draftregs.html

NEW YORK

Air:

  • The Department of Environmental Conservation is soliciting public comment on Proposed Part 200, General Provisions related to NAAQS, and Proposed Part 200, General Provisions related to NESHAPs. The proposed part would amend the definition of "nonattainment area" found in 6 NYCRR Part 200, General Provisions, in order to conform to federal requirements and would update 6 NYCRR 200.10, Table 4, to incorporate by reference each of the new and amended NESHAP regulations as they were printed in the July 1, 2005, Code of Federal Regulations. Comments are due May 24, 2007. See http://www.dec.state.ny.us/website/dar/air_regs.html#part2001006
  • The Department of Environmental Conservation will conduct public hearings on proposed Clean Air Interstate Rules, which include Part 243, the Nitrogen Oxide Ozone Season Trading Program; Part 244, the Nitrogen Oxide Annual Trading Program; and Part 245, the Sulfur Dioxide Trading Program. As part of the rulemaking, Part 200 will be amended to update cross references in section 200.9, Referenced Material. Hearings will be held May 15-17, 2007. Comments are due May 24, 2007. See http://www.dec.state.ny.us/website/dar/air_regs.html#cair

NORTH CAROLINA

Water:

  • The Department of Environment and Natural Resources will conduct public hearings on proposed rulemaking to amend rules cited as 15A NCAC 02B .0303 - .0305, .0307, .0309 -.0313, and .0316 - .0317. Proposed changes would reclassify 33 wetlands in 11 North Carolina river basins to add the supplemental Unique Wetlands (UWL) classification. If adopted, these UWL reclassifications would offer additional protection to approximately 3,800 acres of high quality natural wetland communities in state, federal, and land trust property that support rare species. The hearings will be held May 15 and 23, 2007. Comments are due June 15, 2007. See http://www.ncoah.com/rules/register/Volume21Issue20April162007-2.pdf (pp. 1803-1818)

OHIO

Air:

  • The Ohio Environmental Protection Agency will conduct a public hearing on proposed new rules under OAC Chapter 3745-110 that would apply to the eight moderate nonattainment counties located in the Cleveland/Akron, Ohio, metropolitan area and would regulate nitrogen oxide emissions from existing stationary combustion sources. In addition, the rules would apply state-wide to any new or modified source issued a permit-to-install after January 1, 2007. The hearing will be held June 8, 2007. Comments are due June 8, 2007. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_36590_20070501_0815.pdf

OREGON

Air:

  • The Department of Environmental Quality revised the Portland-Vancouver and Salem ozone maintenance plan and supporting rules. The revisions update the clean air plan for maintaining compliance with the federal eight-hour ozone NAAQS in the Portland area and develop a maintenance plan for the Salem area, as required by the federal CAA. This rulemaking also updates the department's rules to reflect the federal ozone NAAQS, designates Salem as an ozone maintenance area under state rules, modifies Salem's new source review requirements for new and expanding major industry, modifies Portland-area rules regarding Employee Commute Options, updates rules for the Industrial Emission Management program in Portland, and makes housekeeping changes. See http://arcweb.sos.state.or.us/rules/0507_Bulletin/0507_ch340_bulletin.html

PENNSYLVANIA

Air:

  • The Department of Environmental Protection will conduct a public hearing on the proposed revision to the SIP for the Allentown-Bethlehem-Easton eight-hour ozone nonattainment area. The department is seeking public comment on the eight-hour ozone redesignation request, the 2002 base year inventory, and a SIP revision setting forth a maintenance plan demonstrating that the area can maintain the health-based ozone standard for the next 10 years as required under CAA §175(a). The maintenance plan, once approved by the U.S. EPA, will also establish new motor vehicle emission budgets for purposes of transportation conformity. The hearing will be held May 22, 2007. Comments are due May 25, 2007. See http://www.pabulletin.com/secure/data/vol37/37-16/694.html
  • The Department of Environmental Protection will conduct a public hearing on the proposed revision to the SIP for the Scranton/Wilkes-Barre eight-hour ozone nonattainment area. The department is seeking public comment on the eight-hour ozone redesignation request, the 2002 base year inventory, and a SIP revision setting forth a maintenance plan demonstrating that the area can maintain the health-based ozone standard for the next 10 years as required under CAA §175(a). The maintenance plan, once approved by the U.S. EPA, will also establish new motor vehicle emission budgets for purposes of transportation conformity. The hearing will be held May 23, 2007. Comments are due May 25, 2007. See http://www.pabulletin.com/secure/data/vol37/37-16/695.html
  • The Department of Environmental Protection will conduct a public hearing on the proposed revision to the SIP for the State College (Centre County) eight-hour ozone nonattainment area. The department is seeking public comment on the eight-hour ozone redesignation request, the 2002 base year inventory, and a SIP revision setting forth a maintenance plan demonstrating that the area can maintain the health-based ozone standard for the next 10 years as required under CAA §175(a). The maintenance plan, once approved by the U.S. EPA, will also establish new motor vehicle emission budgets for purposes of transportation conformity. The hearing will be held May 30, 2007. Comments are due June 1, 2007. See http://www.pabulletin.com/secure/data/vol37/37-17/753.html
  • The Environmental Quality Board has proposed amendments to Chapters 121, 129, and 145, relating to general provisions, standards for sources, and interstate pollution transport reduction, to read as set forth in Annex A. The proposed rulemaking incorporates by reference, with some exceptions, the Clean Air Interstate Rule (CAIR) Nitrogen Oxide (NOx) Annual Trading Program and the CAIR NOx Ozone Season Trading Program model rules as a means of mitigating the interstate transport of fine particulates and NOx. The proposed rulemaking also incorporates by reference the CAIR Sulfur Dioxide (SO2) Trading Program model rules as a means of mitigating the interstate transport of fine particulates and SO2. See http://www.pabulletin.com/secure/data/vol37/37-17/773.html

RHODE ISLAND

Toxic Substances:

  • The Department of Environmental Management will hold a public hearing on proposed amendments to the Rules and Regulations Governing the Administration and Enforcement of the Rhode Island Mercury Education and Reduction Act. The proposed regulations will provide new guidelines for achieving significant reductions in environmental mercury pursuant to the Mercury Education and Reduction Act (RIGL Chapter 23-24.9) from mercury-added convenience light switches and dental amalgam. The hearing will be held May 18, 2007. Comments are due May 24, 2007. See http://www.dem.ri.gov/programs/benviron/waste/hgdraft.htm

SOUTH CAROLINA

Air:

  • The Department of Health and Environmental Control will hold a public hearing on proposed amendments to the SIP. Proposed amendments intend to address the department's outstanding obligations for satisfying the requirement that the state must have a preconstruction review program for major sources and that the state must develop a SIP to protect visibility. The hearing will be held May 30, 2007. Comments are due May 30, 2007. See http://www.scdhec.gov/administration/regs/

Solid and Hazardous Waste:

  • The Department of Health and Environmental Control has rescheduled the public hearing to consider revisions to regulation R.61-30, Environmental Protection Fees, identified as Document 3112. The proposed regulation as published in the State Register would amend Sections G(5) and (6) to increase fees for radioactive material licenses including reciprocity and general licenses specified in R.61-63 and fees for Radioactive Waste Transportation Permits. The hearing will occur June 14, 2007. See http://www.scdhec.gov/administration/regs/

Water:

  • The Department of Health and Environmental Control has rescheduled the public hearing to consider revisions to the department's Coastal Division Regulations, 30-1 through 30-18, related to permitting in the critical areas of the coastal zone, identified as Document 3111. The hearing will take place June 14, 2007. See http://www.scdhec.gov/administration/regs/

SOUTH DAKOTA

Water:

  • The Department of Environment and Natural Resources' Water Management Board will hold a public hearing on a rule amendment, as petitioned by ACTion for the Environment and the Spearfish Canyon Preservation Trust, to designate Spearfish Creek in Lawrence County as an outstanding state resource waters. The hearing will be held May 9, 2007. Comments are due May 8, 2007. See http://legis.state.sd.us/rules/register/04232007.pdf (pp. 177-178)

TEXAS

Wildlife:

VIRGINIA

Air:

  • The Department of Environmental Quality held a public hearing on April 26, 2007, on a proposed §111(d) plan for mercury emissions from coal-fired electric steam generating units. This plan is intended to meet the requirements of the federal Clean Air Mercury Rule. The proposed plan includes: (1) demonstration of legal authority; (2) emission limitations consisting of a cap-and-trade program; (3) an inventory of emissions from the affected units; (4) the allowance allocations to the units covered by the cap-and-trade program; and (5) other supporting documentation. The department is seeking comment on the overall plan and on the issue of whether any regulations included in the plan should be submitted to U.S. EPA as part of the plan. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=9093

WASHINGTON

Fisheries:

  • The Department of Ecology proposed an amendment to a section of Chapter 173-134A WAC. The proposed amendment would allow extensions of the permit development schedule on a case-by-case basis if the permit holder can show good cause for extending the development schedule. Additional amendments to chapter 173-134A WAC may be identified during a public scoping process on the rule. This proposed amendment effectively replaces Quincy Ground Water Subarea Management Policy Rule - Proposed amendment to Chapter 173-134WAC, filed April 19, 2006. See http://www.ecy.wa.gov/laws-rules/activity/wac173134A.html

WISCONSIN

Water:

  • The Department of Natural Resources will hold a public hearing on the amendment of §NR 140.10 Table 1, Wis. Adm. Code, relating groundwater quality standards for Alachlor ethane sulfonic acid (Alachlor-ESA). Alachlor-ESA is a degradation product of the herbicide Alachlor that has been found extensively in Wisconsin groundwater. The hearing will be held May 11. Comments are due May 18. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

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

INTERNATIONAL

NAIROBI ISSUES OFFICIAL ENVIRONMENTAL OUTLOOK

On April 17, 2007, the Nairobi City Council issued City of Nairobi Environment Outlook, a report on the key environmental successes and challenges of the Kenyan capital. Among its top recommendations is a comprehensive "bottom-up" development plan for the city in the 21st century. The Kenyan capital is home to three million people, up from just over one million in 1985. This growth has contributed to many of the environmental stresses endured by the city, such as poor, uneven water sanitation and air pollution from vehicle emissions. The Nairobi City Council developed the report, in cooperation with the United Nations Environment Program and the United Nations Center for Human Settlement. See http://www.unep.org/Documents.Multilingual/Default.asp?DocumentID=504&ArticleID=5564&l=en

EU ADOPTS POLLUTER PAYS LEGISLATION

New European Union legislation on liability for environmental contamination became effective April 30, 2007. The new rule creates more stringent liability regulations for those responsible for environmental damage, from contaminating urban soil to injuring natural habitats. The directive intends to aid remediation of existing environmental damage and prevent future degradation. Only Italy, Latvia, and Lithuania have adopted the rule in national law, although all countries were required to so by April 30, 2007. See http://europa.eu/rapid/pressReleasesAction.do?reference=IP/07/581&format=HTML&aged=0&language=EN&guiLanguage=en

DRAMATIC AIR POLLUTION DROP DURING CAR LIMITATIONS IN BEIJING

When Beijing issued a partial ban on automobiles for three days last November, nitrogen oxide air pollution declined by forty percent, scientists reported on April 30, 2007. The temporary restrictions cut the number of cars on Beijing roads to 2 million from 2.8 million, and the resulting drop in nitrogen oxide, a component of ozone, could be seen from NASA satellites. High levels of ozone are associated with respiratory distress in humans. Ozone levels particularly interest Beijing officials because the city will be hosting the 2008 Summer Olympics. See http://www.reuters.com/article/environmentNews/idUSN3034216820070501

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

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