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Weekly Update Volume 37, Issue 16

06/04/2007

LITIGATION

CWA, MINING PERMITS, PERFORMANCE STANDARDS:

The Ninth Circuit held that the U.S. Army Corps of Engineers violated the CWA in issuing a permit that allows a mining company to discharge 210,000 gallons of slurry per day from the company's "froth-flotation mill" into Lower Slate Lake, a 23-acre lake in the Tongass National Forest in Alaska. CWA §§301 and 306, which set forth EPA's performance standard for froth-flotation mills, prohibit discharges from such operations into the navigable waters of the United States. Even though the discharge in this case facially qualifies for the permitting scheme under CWA §404 because it will change the bottom elevation of the lake, the discharge is nevertheless prohibited by the clearly applicable and specific performance standard. The plain language and structure of the CWA demonstrate that EPA's performance standard governs in this case. No exceptions are provided by the statute or its implementing regulations. Thus, the district court erred in upholding the permit. Southeast Alaska Conservation Council v. United States Army Corps of Engineers, No. 06-35679, 37 ELR 20112 (9th Cir. May 22, 2007) (31 pp.).

CWA, INDUSTRIAL WASTE:

The Eighth Circuit upheld an individual's conviction for CWA violations stemming from the discharge of untreated liquid industrial wastes directly into a public sewer system. Although a jury acquitted him of personally committing the acts of discharging the waste into the public sewer system, the government presented sufficient evidence to support the counts for which he was convicted--violating the CWA and/or aiding and abetting those violations. Any attempt to explain why he was convicted on eight counts but acquitted on one "would be based either on pure speculation, or would require inquiries into the jury's deliberations that courts generally will not undertake." Here, the evidence demonstrates that he was more than a passive observer of the illegal discharges. United States v. Opare-Addo, No. 06-2431, 37 ELR 20113 (8th Cir. May 22, 2007) (8 pp.).

METHYL TERTIARY BUTYL ETHER, REMOVAL:

The Second Circuit held that lawsuits filed by California and New Hampshire against corporations that manufactured, refined, marketed, or distributed gasoline containing methyl tertiary butyl ether must be remanded to their respective state courts for adjudication. The cases were originally filed in state courts, but they were transferred to federal courts and consolidated with several other lawsuits in a multidistrict litigation. California and New Hampshire moved to have their cases remanded to state court, but the district court denied their motion. The district court was correct that sovereign immunity does not preclude the removal to federal court of a suit filed by a state plaintiff in state court. However, the district court erroneously held that it had removal jurisdiction over these actions. Removal was inappropriate under the federal officer removal statute because the defendants did not act under an officer of the United States. In addition, California's and New Hampshire's lawsuits represent the states' efforts to enforce their police or regulatory power. Therefore, they are not subject to removal under the bankruptcy removal statute. Because no alternative ground for jurisdiction is satisfied, the court vacated the order of the district court and remanded with directions to return these cases to the forums from which they were removed. In re Methyl Tertiary Butyl Ether Product Liability Litigation, Nos. 04-5974, -6056, 37 ELR 20116 (2d Cir. May 24, 2007) (39 pp.).

INSURANCE, DUTY TO DEFEND:

The First Circuit upheld summary judgment against one insurance company and in favor of another insurance company in a dispute concerning the insurers' duties to defend a manufacturer against a third-party complaint for environmental cleanup costs. The lower court properly held that the first insurer had to share the manufacturer's defense costs because the policy potentially covers the underlying allegations. That insurer also had to pay the manufacturer's legal fees. But the allegations were beyond the scope of the second insurer's policy coverage. The second insurer's policy only applied in excess of an underlying primary liability insurance policy issued by yet another insurance company, and that policy has not been exhausted. Barrett Paving Materials, Inc. v. Continental Insurance Co., Nos. 06-1951, -2017, 37 ELR 20123 (1st Cir. May 30, 2007) (17 pp.).

PESTICIDES, STANDING:

The D.C. Circuit reversed a lower court's dismissal of an environmental group's Federal Advisory Committee Act (FACA) claim in a dispute over the registration of two pesticides containing atrazine. The lower court held that the group lacked standing. Contrary to the lower court's reasoning, however, the group need not file a formal FOIA request before bringing an action seeking a remedy for alleged FACA violations, including violations of the statute's disclosure requirements. Natural Resources Defense Council v. Johnson, No. 06-5132, 37 ELR 20115 (D.C. Cir. May 25, 2007) (4 pp.).

CERCLA, ARRANGER LIABILITY:

A district court held that two utility companies are not liable under CERCLA for PCB contamination at the Missouri Electric Works Superfund site in Cape Girardeau, Missouri. The companies sold electrical transformers to a third-party broker who then resold or transferred them to Missouri Electric Works, which was in the business of repairing transformers and reselling them to private businesses, public institutions, and utilities. Some of the oil in the transformers that were repaired, serviced, and resold contained PCBs, a hazardous substance under CERCLA, and the facility was eventually listed as a Superfund site. The court held that the utility companies are not liable as arrangers under CERCLA. The undisputed evidence shows that the companies sold useful products and were not arranging for the disposal or treatment of a hazardous substance when they sold the used transformers to the broker. Therefore, neither company is liable for any response costs incurred at the site. United States v. B&D Electric, Inc., No. 1:05CV63, 37 ELR 20118 (E.D. Mo. May 9, 2007) (Perry, J.) (27 pp.) (Defense counsel included Jane E. Fedder of Husch & Eppenberger, LLC, in Saint Louis, Missouri).

CERCLA, CONTRIBUTION, PREEMPTION:

A district court held that New York's contribution statute may not be used as a surrogate for seeking contribution under CERCLA. A utility company commenced this action seeking to recover expenses it incurred remediating 24 hazardous waste sites formerly associated with manufactured gas plants operated by the utility and its predecessors. The utility filed claims under CERCLA and several state statutes, but only its New York contribution claim remains. The utility satisfied the prerequisites for seeking contribution under state law. Nevertheless, the claim is precluded by conflict preemption. Notwithstanding CERCLA's state law savings clauses, allowing the utility to resort to state law would undermine the contribution and settlement scheme crafted by Congress when adopting CERCLA and would permit the recovery of duplicate damages or contribution where none is available under CERCLA, thereby presenting a classic case of conflict preemption. New York State Electric & Gas Corp. v. FirstEnergy Corp., 3:03-CV-0438, 37 ELR 20119 (N.D.N.Y. May 11, 2007) (Peebles, J.) (10 pp.).

CERCLA, NUISANCE, PREEMPTION:

A district court dismissed a town's nuisance claim against the owners of an NPL site in Illinois. An interim consent order required the owners to complete a remedial investigation and feasibility study and to take remedial action at the site. The town was not a party to the interim consent order and was not seeking to enforce the terms of the order. Instead, the town claimed that the presence of hazardous substances at the site violates its nuisance ordinance. CERCLA, however, preempts the town's claim. By seeking injunctive relief to enforce its nuisance ordinance, the relief being sought constitutes a challenge under CERCLA §113(h) to ongoing remediation at the site. The Illinois Environmental Protection Act also preempts the nuisance claim. The court, therefore, granted the owners' motion to dismiss. Village of Depue, Illinois v. Exxon Mobil Corp., No. 06-1266, 37 ELR 20120 (C.D. Ill. May 15, 2007) (McDade, J.) (9 pp.).

CWA, NPDES PERMITS:

The Supreme Court of Minnesota held that a lower court erred when it reversed a state environmental agency's decision to issue an NPDES permit for a proposed wastewater treatment plant. The plant's discharge would flow into a body of water with impaired status under the CWA. The agency concluded that any increase in phosphorus discharge caused by the permit would not violate 40 C.F.R. §122.4(i), which provides in part that a state may not issue an NPDES permit "[t]o a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards." It reasoned that any increase in phosphorous discharge would be offset by an approximate 53,500-pound annual reduction in phosphorus due to an upgrade of a nearby wastewater treatment plant. The lower court reversed the agency's decision, finding that phosphorus discharge, when viewed in isolation, would violate water quality standards under the CWA. The state agency, however, is legally required to enforce and administer 40 C.F.R. §122.4(i) as its own, even though it is a federal regulation. Moreover, the agency is entitled to deference because the regulation is ambiguous. And given the agency's training and expertise, the agency's interpretation of the regulation to allow offsets from another source in determining whether a new source will cause or contribute to the violation of water quality standards is reasonable. In re Cities of Annandale & Maple Lake NPDES/SDS Permit Issuance for the Discharge of Treated Wastewater, No. A04-2033, 37 ELR 20121 (Minn. May 17, 2007) (19 pp.).

INSURANCE, CAA:

The Indiana Supreme Court held that a lower court properly denied power companies' motions to compel their insurer to pay all past and future defense costs incurred in responding to a federal lawsuit under the CAA. The underlying claim, brought by the federal government, three states, and several environmental groups, alleged that the companies discharged emissions in excess of their permits, resulting in wide-spread harm to public health and the environment. Specifically, they sought to compel the companies to install equipment to reduce future emissions of pollutants and to prevent future environmental harm. Because the insurance policies do not provide coverage for the costs of installing such equipment, the companies seek relief more extensive than that to which they are entitled. The lower court, therefore, properly denied the companies' motion for partial summary judgment. Cinergy Corp. v. Associated Electric & Gas Insurance Services, Ltd., No. 32S05-0604-CV-00151, 37 ELR 20117 (Ind. May 1, 2007) (17 pp.).

PROPERTY LAW, DEED RESTRICTIONS:

The Supreme Court of Delaware held that certain property that a country club purchased and leased from a chemical company no longer remains subject to a deed restriction and right of first refusal in the company's favor. The case arose after the club sought to sell some of its property free and clear of the deed restriction and the right of first refusal. The company claimed that those restrictions remain valid and in force. However, the term "Plant" as used in the documents containing the restrictions refers only to the company's manufacturing facility, not the land on which the facility is located. Seaford Golf & Country Club v. E.I. duPont de Nemours & Co., No. 530, 2006, 37 ELR 20114 (Del. May 15, 2007) (22 pp.).

PROPERTY LAW, PRESCRIPTIVE RIGHTS:

A California appellate court held that the California Coastal Commission unlawfully denied a permit to a company to maintain gates and no trespassing signs on its property. Inherent in one's ownership of real property is the right to exclude uninvited visitors. In prohibiting the company from excluding the public from its property on the theory that the "potential exists to establish prescriptive rights for public use," the commission, in effect, decreed the existence of such rights. The commission's finding, premised on the existence of "potential" prescriptive rights, was speculative. Hence, a lower court properly overturned the denial of the permit. LT-WR, LLC, v. California Coastal Commission, No. B187666, 37 ELR 20122 (Cal. App. 2d Div. May 25, 2007) (42 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 listed n-propyl bromide (nPB) as an acceptable substitute for methyl chloroform and chlorofluorocarbon (CFC)-113 in the solvent cleaning sector under the significant new alternatives policy (SNAP) program. 72 FR 30141 (5/30/07).
  • EPA proposed to list nPB as an unacceptable substitute for methyl chloroform, CFC-113, and hydrochlorofluorocarbon (HCFC)-141b under the SNAP program when used in adhesives or in aerosol solvents; in addition, the Agency proposed to list nPB as an acceptable substitute for methyl chloroform, CFC-113, and HCFC-141b in the coatings end use sector. 72 FR 30168 (5/30/07).
  • SIP Approvals: California (nitrogen oxide (NOx) emissions from various sources) 72 FR 29886 (5/30/07). Florida (PSD program for electric power plants) 72 FR 29273 (5/25/07). Georgia (enhanced inspection and maintenance plan) 72 FR 29075 (5/24/07). Kansas (updates to PSD of air quality rule) 72 FR 29429 (5/29/07). Missouri (base year inventory for eight-hour ozone NAAQS) 72 FR 30272 (5/31/07). Ohio (control of gasoline volatility) 72 FR 29269 (5/25/07). Iowa (general emission rate for particulate matter) 72 FR 30275 (5/31/07). Virginia (eight-hour ozone NAAQS redesignation request, maintenance plan, and 2002 base year inventory for the Hampton Roads area) 72 FR 30490 (6/1/07); (eight-hour ozone NAAQS redesignation request, maintenance plan, and 2002 base year inventory for the Richmond-Petersburg area) 72 FR 30485 (6/1/07).
  • SIP Proposals: California (NOx emissions from various sources; see above for direct final rule) 72 FR 29901 (5/30/07). Florida (PSD program for electric power plants; see above for direct final rule) 72 FR 29287 (5/25/07). Georgia (enhanced inspection and maintenance plan; see above for direct final rule) 72 FR 29101 (5/24/07). Indiana (NOx rules) 72 FR 29897 (5/30/07); (eight-hour ozone NAAQS, ozone maintenance plan, and 2002 base year inventories) 72 FR 30435 (5/31/07). Iowa (general emission rate for particulate matter; see above for direct final rule) 72 FR 30319 (5/31/07). Missouri (base year inventory for eight-hour ozone NAAQS; see above for direct final rule) 72 FR 30319 (5/31/07). Pennsylvania (eight-hour ozone NAAQS redesignation request, maintenance plan, and 2002 base year inventory for Franklin County area) 72 FR 29914 (5/30/07); (eight-hour ozone NAAQS redesignation request, maintenance plan, and 2002 base year inventory for Reading area). 72 FR 29901 (5/30/07); (eight-hour ozone NAAQS redesignation request, maintenance plan, and 2002 base year inventory for Cambria County) 72 FR 30509 (6/1/07); (eight-hour ozone NAAQS redesignation request, maintenance plan, and 2002 base year inventory for Harrisburg-Lebanon-Carlisle area) 72 FR 30521 (6/1/07).

HAZARDOUS & SOLID WASTE:

  • EPA entered into a settlement under CERCLA for reimbursement of past response costs concerning the Performance Advantage, Inc. Superfund site in Weogufka, Alabama. 72 FR 29499 (5/29/07).
  • EPA entered into a settlement under CERCLA for reimbursement of past response costs concerning the Browder Trust Property Superfund site in Charleston, South Carolina. 72 FR 28489 (5/21/07).
  • EPA granted Occidental Chemical Corporation an exemption to the land disposal restrictions under RCRA's 1984 hazardous and solid waste amendments for a Class I injection well located at Wichita, Kansas; the corporation demonstrated that there will be no migration of hazardous waste out of the designated injection zone for as long as the waste remains hazardous. 72 FR 29320 (5/25/07).

MINING:

  • OSM approved an amendment to the Indiana regulatory program under SMCRA concerning commercial forestry and reclaimed prime farmland. 72 FR 28451 (5/21/07).

PESTICIDES:

  • EPA proposed to revoke certain tolerances for the insecticides methamidophos and oxydemeton-methyl; in addition, the Agency proposed to modify certain tolerances for those insecticides as well as the insecticides profenofos and trichlorfon. 72 FR 28912 (5/23/07).

PUBLIC LANDS:

  • The DOJ, on behalf of the DOI, entered into a settlement agreement under the Park System Resource Protection Act requiring defendants to pay $189,963.00 for grounding a vessel that damaged a shoal, sediment, and seagrass community at the Biscayne National Park in Homestead, Florida. 72 FR 29178 (5/24/07).

WATER:

  • EPA announced the availability of the final NPDES general permit authorizing discharges from exploration, development, and production platforms and related facilities in Cook Inlet, Alaska. 72 FR 30377 (5/31/07).
  • EPA announced its intention to approve revisions to Indiana's public water system supervision program; the revisions pertain to the state's arsenic, radionuclides, and long-term 1 enhanced surface water treatment rules. 72 FR 30000 (5/30/07).

WILDLIFE:

  • FWS proposed regulations that would authorize the nonlethal, incidental, unintentional take of small numbers of Pacific walruses and polar bears during year-round oil and gas industry exploration activities in the Chukchi Sea and adjacent western coast of Alaska. 72 FR 30669 (6/1/07).
  • FWS announced the availability of the draft economic analysis and draft EA on the proposed revised designation of critical habitat for the wintering population of the piping plover. 72 FR 30326 (5/31/07).
  • FWS announced a 90-day finding on a petition to list the Mt. Charleston blue butterfly as threatened or endangered under the ESA; the agency found that listing the butterfly may be warranted and, therefore, initiated a status review of the subspecies. 72 FR 29933 (5/30/07).
  • FWS announced the availability of the third revised recovery plan for the Whooping Crane. 72 FR 29544 (5/29/07).
  • FWS announced its intent to initiate a candidate status review for the Rio Grande cutthroat trout and to make a determination concerning the results during or prior to April 2008. 72 FR 28664 (5/22/07).
  • NOAA-Fisheries issued final regulations for the federal waters portion of the Channel Islands National Marine Sanctuary and announced the establishment of marine reserves and a marine conservation area within the Sanctuary. 72 FR 29207 (5/24/07).
  • NOAA-Fisheries announced the availability of the draft revised recovery plan for the eastern and western distinct population segments of Steller sea lion. 72 FR 28473 (5/21/07).
  • NOAA-Fisheries announced a 90-day finding on a petition to list the global populations of right whales with the common name Black Whale as a single species under the ESA; the agency found the petitioned action is not warranted at this time. 72 FR 29973 (5/30/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Baldwinville Products, Inc., No. 4:07-cv- 40146 (D. Mass. May 18, 2007). Settling CERCLA defendants must pay $215,000 for costs incurred at the Birch Hill Dam and Reservoir Project Area Superfund site in Worcester County, Massachusetts, and must undertake certain sampling work at the site in the event floodwaters exceed certain levels. 72 FR 30630 (6/1/07).
  • United States v. Kerr-McGee Corp., No. 07- CV-01034-WDM-MJW (D. Colo. May 17, 2007). A settling CAA defendant must pay a civil penalty totaling $200,000; must perform supplemental environmental projects valued at $250,000; must install low emission dehydrators, enclose flares on certain condensate storage tanks, and replace pneumatic controllers with "low bleed'' components; and must install either catalytic controls on large engines or replace old engines with newer, lower emitting units to resolve claims related to the Bridge, Cottonwood Wash, and Ouray compressor stations located on tribal lands in the Uinta Basin and in the Denver-Julesburg Basin in Weld County, Colorado. 72 FR 30630 (6/1/07).
  • United States v. Kinder Morgan Energy Partners, L.P., No. 2:07-00952-GEB-EFB (E.D. Cal. May 21, 2007). Settling ESA, CWA, and Oil Pollution Act defendants who were involved in three oil spills from their pipeline into waters of the United States and the state of California must pay $3,795,135 in civil penalties, must pay $1,426,298 for response and reimbursement costs and natural resource damages, must pay $20,000 for restoration projects, and must commit to undertake several actions to prevent the recurrence of pipeline spills. 72 FR 30630 (6/1/07).

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

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

BILLS INTRODUCED:

  • S. 36 (Thune, R-S.D.) (biofuels) would amend the Farm Security and Rural Investment Act to establish a biofuels promotion program to promote sustainable production of biofuels and biomass. 153 Cong. Rec. S6549 (daily ed. May 23, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 37 (Domenici, R-N.M.) (radioactive waste) would enhance the management and disposal of spent nuclear fuel and high-level radioactive waste to assure protection of public health safety and to ensure the territorial integrity and security of the repository at Yucca Mountain. 153 Cong. Rec. S6549 (daily ed. May 23, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1433 (Murkowski, R-Alaska) (Alaska National Interest Lands Conservation Act) would amend the Alaska National Interest Lands Conservation Act to provide competitive status to certain federal employees in the state of Alaska. 153 Cong. Rec. S6399 (daily ed. May 21, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1434 (Pryor, D-Ark.) (energy) would amend the National Energy Conservation Policy Act to promote the use of energy and water efficiency measures in federal buildings and to promote energy savings performance contracts and utility energy service contracts. 153 Cong. Rec. S6399 (daily ed. May 21, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1435 (Cochran, R-Miss.) (energy) would amend the Energy Policy and Conservation Act to increase the capacity of the Strategic Petroleum Reserve. 153 Cong. Rec. S6399 (daily ed. May 21, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1443 (Thomas, R-Wyo.) (fuel) would provide standards for renewable fuels and coal-derived fuels. 153 Cong. Rec. S6399 (daily ed. May 21, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1458 (Boxer, D-Cal.) (air quality) would amend the Food Security Act of 1985 to provide incentives for improved agricultural air quality. 153 Cong. Rec. S6549 (daily ed. May 23, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 1472 (Feinstein, D-Cal.) (water quality) would authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration. 153 Cong. Rec. S6844 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1473 (Feinstein, D-Cal.) (irrigation) 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. S6844 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1474 (Feinstein, D-Cal.) (water use) would authorize the Secretary of the Interior to plan, design, and construct facilities to provide water for irrigation, municipal, domestic, and other uses from the Bunker Hill Groundwater Basin, Santa Ana River, California. 153 Cong. Rec. S6844 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1475 (Feinstein, D-Cal.) (water quality) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Bay Area Regional Water Recycling Program. 153 Cong. Rec. S6844 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1476 (Feinstein, D-Cal.) (National Park System) would authorize the Secretary of the Interior to conduct special resources study of the Tule Lake Segregation Center in Modoc County, California, to determine suitability and feasibility of establishing a unit of the National Park System. 153 Cong. Rec. S6844 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1477 (Salazar, D-Colo.) (dams) would authorize the Secretary of the Interior to carry out the Jackson Gulch rehabilitation project in the state of Colorado. 153 Cong. Rec. S6844 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1478 (Cantwell, D-Wash.) (National Forest System) would provide protection for inventoried roadless areas within the National Forest System. The bill was referred to the Committee on Energy and Natural Resources. 153 Cong. Rec. S6844 (daily ed. May 24, 2007).
  • S. 1491 (Klobuchar, D-Minn.) (agriculture) would amend the Agricultural Risk Protection Act of 2000 to direct the Secretary of Agriculture to provide grants for the installation of E-85 fuel infrastructure. 153 Cong. Rec. S6845 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1496 (Baucus, D-Mont.) (pollination) would amend the Food Security Act of 1985 to include pollinators in certain conservation programs. 153 Cong. Rec. S6845 (daily ed. May 24, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 1497 (Cardin, D-Md.) (energy) would promote the energy independence of the United States, and for other purposes. 153 Cong. Rec. S6845 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1498 (Boxer, D-Cal.) (wildlife) would amend the Lacey Act Amendments of 1981 to prohibit the import, export, transportation, sale, receipt, acquisition, or purchase in interstate or foreign commerce of any live animal of any prohibited wildlife species. 153 Cong. Rec. S6845 (daily ed. May 24, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1499 (Boxer, D-Cal.) (CAA) would amend the CAA to reduce air pollution from marine vessels. 153 Cong. Rec. S6845 (daily ed. May 24, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1506 (Lautenberg, D-N.J.) (FWPCA) would amend the FWPCA to modify provisions relating to beach monitoring. 153 Cong. Rec. S6845 (daily ed. May 24, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1511 (Akaka, D-Haw.) (energy) would promote the development and use of marine and hydrokinetic renewable energy technologies. 153 Cong. Rec. S6845 (daily ed. May 24, 2007). The bill was referred to the Committee on Finance.
  • S. 1516 (Allard, R-Colo.) (environmental assistance) would provide environmental assistance to non-federal interests in the state of Colorado. 153 Cong. Rec. S6845 (daily ed. May 24, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1522 (Wyden, R-Or.) (irrigation) would amend the Bonneville Power Administration portions of the Fisheries Restoration and Irrigation Mitigation Act of 2000 to authorize appropriations for fiscal years 2008 through 2014. 153 Cong. Rec. S6845 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1523 (Boxer, D-Cal.) (CAA) would amend the CAA to reduce emissions of carbon dioxide from the Capitol power plant. 153 Cong. Rec. S6845 (daily ed. May 24, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1525 (Smith, R-Or.) (energy) would amend the Internal Revenue Code of 1986 to modify the energy efficient appliance credit for appliances produced after 2007. 153 Cong. Rec. S6846 (daily ed. May 24, 2007). The bill was referred to the Committee on Finance.
  • S. 1531 (Reid, D-Nev.) (energy) would amend the Internal Revenue Code of 1986 to provide incentives and extend existing incentives for the production and use of renewable energy resources, and for other purposes. 153 Cong. Rec. S6953 (daily ed. May 25, 2007). The bill was referred to the Committee on Finance.
  • H.R. 2396 (Hall, R-Tex.) (fuel) would increase the capacity of the Strategic Petroleum Reserve. 153 Cong. Rec. H5530 (daily ed. May 21, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2400 (Bordallo, D-Guam) (ocean and coastal mapping) would direct the Administrator of NOAA to establish an integrated federal ocean and coastal mapping plan for the Great Lakes and coastal state waters, the territorial sea, the exclusive economic zone, and the continental shelf of the United States. 153 Cong. Rec. H5530 (daily ed. May 21, 2007). The bill was referred to the Committee on Natural Resources and the Committee on Science and Technology.
  • H.R. 2415 (Paul, R-Tex.) (fuel) would reduce the price of gasoline by allowing for offshore drilling, eliminating Federal obstacles to constructing refineries and providing incentives for investment in refineries, suspending Federal fuel taxes when gasoline prices reach a benchmark amount, and promoting free trade. 153 Cong. Rec. H5531 (daily ed. May 21, 2007). The bill was referred to the Committees on Ways and Means, Natural Resources, and Financial Services.
  • H.R. 2419 (Peterson, D-Minn.) (agriculture) would provide for the continuation of agricultural programs through fiscal year 2012. 153 Cong. Rec. H5620 (daily ed. May 22, 2007). The bill was referred to the Committee on Agriculture and the Committee on Foreign Affairs.
  • H.R. 2420 (Lantos, D-Cal.) (energy) would declare United States policy on international climate cooperation to authorize assistance to promote clean and efficient energy technologies in foreign countries and to establish the International Clean Energy Foundation. 153 Cong. Rec. H5620 (daily ed. May 22, 2007). The bill was referred to the Committee on Foreign Affairs.
  • H.R. 2421 (Oberstar, D-Minn.) (FWPCA) would amend the FWPCA to clarify the jurisdiction of the United States over waters of the United States. 153 Cong. Rec. H5620 (daily ed. May 22, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 2422 (Gonzalez, D-Tex.) (hazardous materials) would require railroad carriers to prepare and maintain a plan for notifying local emergency responders before transporting hazardous materials through their jurisdictions. 153 Cong. Rec. H5620 (daily ed. May 22, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 2423 (LaTourette, R-Ohio) (ballast water) would provide for the management and treatment of ballast water to prevent the introduction of nonindigenous aquatic species into coastal and inland waters of the United States, and for other purposes. 153 Cong. Rec. H5620 (daily ed. May 22, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 2426 (Boswell, D-Iowa) (energy) would require the Secretary of Energy to award funds to study the feasibility of constructing dedicated ethanol pipelines, to address technical factors that prevent transportation of ethanol in existing pipelines, and to increase the energy, economic, and environmental security of the United States. 153 Cong. Rec. H5620 (daily ed. May 22, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 2428 (Edwards, D-Tex.) (energy) would enhance the efficiency of bioenergy and biomass research and development programs through improved coordination and collaboration between the USDA, the DOE, and land-grant colleges and universities. 153 Cong. Rec. H5620 (daily ed. May 22, 2007). The bill was referred to the Committee on Agriculture.
  • H.R. 2436 (Hooley, D-Or.) (nanotechnology) would strengthen the capacity of eligible institutions to provide instruction in nanotechnology. 153 Cong. Rec. H5621 (daily ed. May 22, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 2437 (Israel, D-N.Y.) (energy) would provide for the establishment of an energy efficiency and renewable energy finance and investment advisory committee. 153 Cong. Rec. H5621 (daily ed. May 22, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2447 (Wynn, D-Md.) (energy grants) would establish an Energy and Environment Block Grant Program. 153 Cong. Rec. H5723 (daily ed. May 23, 2007). The bill was referred to the Committee on Energy and Commerce and the Committee on Science and Technology.
  • H.R. 2452 (Bishop, D-N.Y.) (FWPCA) would amend the FWPCA to ensure that sewage treatment plants monitor for and report discharges of raw sewage. 153 Cong. Rec. H5723 (daily ed. May 23, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 2454 (Burgess, R-Tex.) (fuel) would include B20 biodiesel blends as an alternative fuel for corporate average fuel economy purposes. 153 Cong. Rec. H5723 (daily ed. May 23, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2476 (Kuhl, R-N.Y.) (nuclear waste) would the DOE to remediate the Western New York Nuclear Service Center in the Town of Ashford, New York, and dispose of nuclear waste. 153 Cong. Rec. H5922 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2481 (Hill, D-Ind.) (hybrid vehicles) would amend the Internal Revenue Code of 1986 to repeal the limitation on the number of new qualified hybrid and advanced lean-burn technology vehicles eligible for the alternative motor vehicle credit and to provide for a credit for manufacturing hybrid vehicles. 153 Cong. Rec. H5922 (daily ed. May 24, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 2482 (McCollum, D-Minn.) (Mississippi River Trail) would require the Secretary of the Interior to conduct a special resource study regarding the proposed Mississippi River Trail, and for other purposes. 153 Cong. Rec. H5922 (daily ed. May 24, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2483 (Hall, R-Tex.) (energy) would provide for research, development, and demonstration on energy technologies to ensure the nation's continued supply and efficient use of affordable, reliable, and clean energy. 153 Cong. Rec. H5922 (daily ed. May 24, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 2493 (Blunt, R-Mo.) (CAA) would amend the CAA to provide for a reduction in the number of boutique fuels. 153 Cong. Rec. H5923 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2498 (Costa, D-Cal.) (water) would provide for a study regarding development of a comprehensive integrated regional water management plan that would address four general areas of regional water planning in both the San Joaquin River Hydrologic Region and the Tulare Lake Hydrologic Region, inclusive of Kern, Tulare, Kings, Fresno, Madera, Merced, Stanislaus, and San Joaquin Counties, California, and to provide that such plan be the guide by which those counties use as a mechanism to address and solve long-term water needs in a sustainable and equitable manner. 153 Cong. Rec. H5923 (daily ed. May 24, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2506 (Doolittle, R-Cal.) (National Park System) would authorize the Secretary of the Interior to conduct a special resources study of the Tule Lake Segregation Center in Modoc County, California, to determine the suitability and feasibility of establishing a unit of the National Park System. 153 Cong. Rec. H5923 (daily ed. May 24, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2515 (Heller, R-Nev.) (wildlife) would authorize appropriations for the Bureau of Reclamation to carry out the Lower Colorado River Multi-Species Conservation Program in the states of Arizona, California, and Nevada. 153 Cong. Rec. H5924 (daily ed. May 24, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2516 (Inslee, D-Wash.) (National Forest System) would protect inventoried roadless areas in the National Forest System. 153 Cong. Rec. H5924 (daily ed. May 24, 2007). The bill was referred to the Committee on Agriculture and the Committee on Natural Resources.
  • H.R. 2528 (Markey, D-Mass.) (energy) would amend the National Energy Conservation Policy Act to promote the use of energy and water efficiency measures in federal buildings and to promote energy savings performance contracts and utility energy service contracts. 153 Cong. Rec. H5925 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2530 (McMorris Rodgers, R-Wash.) (wildlife) would better inform consumers regarding costs associated with compliance for protecting endangered and threatened species under the ESA. 153 Cong. Rec. H5925 (daily ed. May 24, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 2536 (Olver, D-Mass.) (housing) would require all public housing revitalization projects assisted under the HOPE VI program to meet green communities standards. 153 Cong. Rec. H5925 (daily ed. May 24, 2007). The bill was referred to the Committee on Financial Services.
  • H.R. 2537 (Pallone, D-N.J.) (FWPCA) would amend the FWPCA to improve beach monitoring. 153 Cong. Rec. H5925 (daily ed. May 24, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 2548 (Solis, D-Cal.) (CAA) would amend the CAA to reduce air pollution from marine vessels. 153 Cong. Rec. H5926 (daily ed. May 24, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 2550 (Taylor, D-Miss.) (FWPCA) would amend the FWPCA relating to recreational vessels. 153 Cong. Rec. H5926 (daily ed. May 24, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 2556 (Wilson, R-N.M.) (energy) would promote biofuels, energy efficiency, and carbon capture and storage. 153 Cong. Rec. H5926 (daily ed. May 24, 2007). The bill was referred to the Committees on Energy and Commerce, Science and Technology, Transportation and Infrastructure, Oversight and Government Reform, and Financial Services.
  • H. Con. Res. 153 (Gilchrest, R-Md.) (energy) would express the sense of Congress regarding the need for a nationwide diversified energy portfolio. 153 Cong. Rec. H5621 (daily ed. May 22, 2007). The resolution was referred to the Committee on Energy and Commerce.
  • H. Con. Res. 157 (Radanovich, R-Cal.) (fuel) would support the research and development in the state of California of biodiesel and other biofuels from agricultural products and byproducts. 153 Cong. Rec. H5724 (daily ed. May 23, 2007). The resolution was referred to the Committee on Science and Technology.

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:

Alaska Colorado Idaho Kansas Maryland New Mexico South Carolina Texas Arizona District of Columbia Illinois Kentucky Michigan New York South Dakota Utah Arkansas Florida Indiana Louisiana Minnesota Ohio Tennessee Wisconsin California Hawaii Iowa Maine New Hampshire Rhode Island    

ALASKA

Water:

Toxic Substances:

Fisheries:

  • The Department of Fish and Game seeks comment on proposed changes to Title 5 of the Alaska Administrative Code that deal with sport fishing services and sport fishing guides reporting requirements. Specifically, 5 AAC 75.076(a)(1) and (a)(2) are proposed to be changed to adopt the 2007 version of the Saltwater Charter Logbook and Vessel Registration for those services and guides operating in salt waters and to adopt the 2007 version of the Freshwater Sport Fish Guide Logbook and Vessel Registration for the services and guides operating in fresh waters. Comments are due June 4, 2007. See http://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/493bc7ea6fc45afb892572de0007722a?OpenDocument

ARIZONA

Wildlife:

  • The Game and Fish Commission will hold a public hearing on proposed amendments to R12-4-701 to 712, governing Heritage Grants for conservation and protection of the state’s wildlife and natural areas. The hearing will be held September 7-8, 2007. Comments are due June 17, 2007. See http://www.azsos.gov/public_services/Register/2007/20/proposed.pdf (pp. 1693-1701)

ARKANSAS

Air:

  • The Arkansas Pollution Control and Ecology Commission will hold a public hearing to consider proposed revisions to Commission Regulation No. 19 (SIP for air pollution control). Proposed changes to Regulation No. 19 involve the addition of a new section, designated as Chapter 15, to incorporate recent federal air pollution regulations dealing with regional haze. Components of the new Chapter 15 include a statement of purpose, definitions, a list of the types of air pollution sources eligible for provisions covered by the Best Available Retrofit Technology (BART) section of federal regulations, a list of specific facilities subject to BART provisions, requirements for BART, compliance provisions, and permit reopening issues. The hearing will be held June 27, 2007. Written comments are due July 12, 2007. See http://www.adeq.state.ar.us/poa/pa/pn_reg_notice.asp

Fisheries:

Toxic Substances:

  • The Pollution Control and Ecology Commission will hold a public hearing to receive comments on proposed changes to Commission Regulation No. 12, which governs the Arkansas Regulated Storage Tank Program. Areas of proposed revision to Regulation No. 12 include: definition and implementation of secondary containment requirements of state and federal law; definition and implementation of delivery prohibition requirements of state and federal law; clarification of appeal procedures for reimbursement cost denials involving the Petroleum Storage Tank Trust Fund; and clarification of costs eligible for reimbursement from the Petroleum Storage Tank Trust Fund. The hearing will be held June 28, 2007. Comments are due July 13, 2007. See http://www.sos.arkansas.gov/elections/elections_pdfs/register/march-april/03_04-07.pdf

CALIFORNIA

Air:

  • The Department of Pesticide Regulation will conduct a public hearing on proposed changes to sections 6000, 6400, 6502, 6784(b), 6450, 6450.1, 6450.2, and 6450.3; renumbering of sections 6447, 6447.1, 6447.2, and 6447.3; and adoption of sections 6445, 6445.5, 6448, 6448.1, 6449, 6449.1, 6450, 6450.1, 6450.2, 6451, 6451.1, 6452, 6452.1, 6452.2, 6452.3, and 6454.4 of Title 3, California Code of Regulations. This proposed action would adopt regulations to reduce smog-producing emissions from field fumigant use and achieve court-ordered state air quality objectives for pesticides. Hearings will be held July 10 and 12, 2007. Comments are due July 13, 2007. See http://www.oal.ca.gov/pdfs/notice/20z-2007.pdf (pp. 839-844)

Fisheries:

  • The Fish and Game Commission will conduct a public hearing on proposed amendments to Section 29.85, Title 14, California Code of Regulations, relating to sport fishing for crabs. Currently, subsection 29.85(a)(1) states Dungeness crab may not be taken or possessed in San Francisco Bay and San Pablo Bay, plus all of their tidal bays, sloughs, and estuaries between the Golden Gate Bridge and Carquinez Bridge. This closure has been in place for many years. Proposed changes intend to state more clearly that it is illegal to possess Dungeness crabs taken from San Francisco Bay or San Pablo Bay plus all of their tidal bays, sloughs, and estuaries between the Golden Gate Bridge and Carquinez Bridge, but that it is not illegal to possess Dungeness crabs taken lawfully from outside the Bay in ocean waters. Hearings will be held June 8, 2007, and August 10, 2007. Comments are due August 7, 2007. See http://www.oal.ca.gov/pdfs/notice/20z-2007.pdf (pp. 910-912)

Water:

  • The State Water Resources Control Board will conduct a public hearing to consider proposed amendments to sections 2621, 2632, 2634, 2635, 2636, 2637, 2638, 2661, 2666, 2711, and 2713, and to delete the text, forms, and instructions in Appendix V in Title 23 of the California Code of Regulations. These sections concern underground storage tanks. The hearing will be held July 16, 2007. Comments are due July 16, 2007. See http://www.oal.ca.gov/pdfs/notice/20z-2007.pdf (pp. 862-865)
  • The State Water Resources Control Board will conduct a public scoping meeting to consider proposed amendments to the California Ocean Plan. The hearing will be held June 28, 2007. Comments are due July 27, 2007. See http://www.waterboards.ca.gov/plnspols/docs/oplans/scopemtg_june2007/pn_scopemtg062607.pdf

COLORADO

Hazardous and Solid Waste:

General:

  • The Colorado Public Utilities Commission proposed rulemaking on its rules for the implementation and regulation of the renewable energy standard as required under §40-2-124, C.R.S. The proposal is intended to revise and clarify the existing renewable energy standard rules contained in 4 Code of Colorado Regulations 723-3-3650, et seq., as a result of the passage and signing of House Bill 07-1281. The bill became law on March 27, 2007. The hearing will be held July 2, 2007. Comments are due June 11, 2007. See http://www.dora.state.co.us/puc/DocketsDecisions/decisions/2007/C07-0386_07R-166E.pdf

DISTRICT OF COLUMBIA:

Air:

  • The Department of the Environment seeks public comment on proposed amendments to Chapter 7 of Subtitle A: Air Quality, of Title 20 of the District of Columbia Municipal Regulations. The proposed rules intend to further reduce volatile organic compound emissions in the District. They would incorporate amendments to model rules designed to reduce ozone in the eastern United States promulgated by the Ozone Transport Commission. Comments are due June 17, 2007. See http://www.amlegal.com/nxt/gateway.dll?f=templates$fn=default.htm$vid=dcr:free (May 18 issue, pp. 1 - 160)

FLORIDA

Air:

  • The Department of Environmental Protection seeks public comment on proposed amendments to Rule No. 62-204.800, Federal Regulations Adopted by Reference. The proposed rule amendments update, through March 31, 2007, the department's adoption-by-reference of air pollution regulations promulgated by U.S. EPA at 40 CFR Parts 50, 51, 53, 58, 63, and 74. Comments are due June 15, 2007. http://faw.dos.state.fl.us/fawframes.html (pp. 2406-2408)
  • The Department of Environmental Protection solicits public comment on proposed amendments to Rule No. 62-210.200. The proposed rule would amend definitions of certain terms used in the department’s air permitting program, consistent with recent revisions to U.S. EPA regulations. The proposed rule amendments involve the department’s EPA-approved air permitting program. If requested, a hearing will be conducted June 20, 2007. Comments are due June 15, 2007. See http://faw.dos.state.fl.us/fawframes.html (pp. 2408-2409)
  • The Department of Environmental Protection seeks public comment on proposed amendments to Rule No. 62-212.400, Prevention of Significant Deterioration (PSD), and Rule No. 62-212.720, Actuals Plantwide Applicability Limits (PALs). The proposed rule would amend the department’s PSD air permitting rule consistent with recent revisions to U.S. EPA regulations. In addition, the department is proposing to clarify that in providing for public participation in the PSD permitting process, applicable state administrative procedures are followed rather than federal procedures, and that in applying the provisions of 40 CFR 52.21 cited from within the department’s PSD and PAL permitting rules, the term “Administrator” shall mean “Department.” If requested, a hearing will be conducted June 20, 2007. Comments are due June 15, 2007. See http://faw.dos.state.fl.us/fawframes.html (pp. 2409-2410)

Water:

  • The Department of Environmental Protection proposes to amend Rule 62-602 F.A.C to adopt licensure requirements and procedures for water distribution system operators. Also, the department is making clarifications and changes to current licensure requirements and procedures for water or domestic wastewater treatment plant operators. If a hearing is requested by June 8, 2007, one will be held June 20, 2007. See http://faw.dos.state.fl.us/fawframes.html (pp. 2212-2228).
  • The Department of Environmental Protection proposes amendments to Rule Nos. 62-699.200, 62-699.310, and 62-699.311 to establish classification and staffing requirements for water distribution systems. Also, the department is making clarifications and changes to current classification and staffing requirements for water or domestic wastewater treatment plants. If a hearing is requested by June 8, 2007, one will be held June 20, 2007. See http://faw.dos.state.fl.us/fawframes.html (pp. 2228-2244)
  • The Department of Environmental Protection will hold a public hearing to consider amendments to the following rules: 62-303.360, Primary Contact and Recreation Use Support; 62-303.370, Fish and Shellfish Consumption Use Support; 62-303.380, Drinking Water Use Support and Protection of Human Health; 62-303.460, Primary Contact and Recreation Use Support; 62-303.470, Fish and Shellfish Consumption Use Support; 62-303.480, Drinking Water Use Support and Protection of Human Health; and 62-303.720, Delisting Procedure. The proposed revisions change the assessment methodology for determining surface water quality impairment due to elevated fecal coliform levels. The proposed revisions are being adopted as changes to Florida’s water quality standards. The hearing will be held June 28, 2007. See http://faw.dos.state.fl.us/fawframes.html (pp. 2410-2416)

HAWAII:

Water:

  • The Department of Land and Natural Resources will hold a public hearing to establish new regulations in Hawaii Administrative Rules. The rules would establish requirements for all oceanic vessels coming to Hawaii with ballast water holds that may contain alien aquatic species that may pose a threat to Hawaii’s native species. Draft rules are available at http://www.hawaii.gov/dlnr/dar/regs/ch76dr.pdf. The hearing will be held June 28, 2007. Comments are due July 13, 2007. See http://www.hawaii.gov/dlnr/dar/notices.htm

IDAHO:

Air

  • The Department of Environmental Quality will conduct a public hearing to consider final draft rules and begin the proposed rule process for the Regional Haze Rule. The intention of the Rule is to address Regional Haze in Class I Wilderness Areas within Idaho and other Class I areas impacted by Idaho, as part of the negotiated rulemaking process. The intent of the Regional Haze Rule is to reduce the impacts of man-made visibility impairing pollutants on Class I areas by 2064. The hearing will be held June 20, 2007. See http://www.deq.idaho.gov/rules/air/58_0101_0601_summary_053106.pdf

ILLINOIS

Air:

  • The Pollution Control Board will conduct public hearings on amendments to 35 Ill. Adm. Code Section 201.146, Parts 211 and 217, Fast-Track Rules Under Nitrogen Oxide (NOx) SIP Call Phase II. Hearings will be conducted from June 19 to July 13, 2007. See http://www.ipcb.state.il.us/ClerksOffice/CalendarofEvents.asp

INDIANA

Air:

Hazardous and Solid Waste:

IOWA:

Air:

  • The Environmental Protection Commission has amended Chapter 22, “Controlling Pollution,” Iowa Administrative Code. The purpose of the amendment is to list additional equipment for which no construction permit is required because of low emissions of regulated air pollutants. Amendments become effective June 27, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070523.pdf (pp. 1525-1526)
  • The Environmental Protection Commission has amended Chapter 22, “Controlling Pollution,” Iowa Administrative Code. The purpose of the amendments is to adopt the federal regional haze regulations and to implement the best available retrofit technology portion of the regulations. Amendments become effective June 27, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070523.pdf (pp. 1526-1527)

Water:

  • The Environmental Protection Commission will conduct public hearings on its proposal to amend Chapter 61, “Water Quality Standards,” Iowa Administrative Code. The proposed amendment to the table of criteria for chemical constituents will: change the current numerical criteria for 20 chemical parameters to protect aquatic life for Class B(WW-1), Class B(WW-2), and Class B(WW-3) use designations; change current numerical criteria for 42 chemical parameters to protect human health for Class HH, Human Health; and add the chemical parameter aldrin to protect aquatic life and human health. Hearings will be held June 14, 19, 21, and 26, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070523.pdf (pp. 1487-1495)
  • The Environmental Protection Commission seeks public comment on proposed amendments to Chapter 93, “Nonpoint Source Pollution Control Set-Aside Programs,” Iowa Administrative Code. The proposed amendments primarily affect the Livestock Water Quality Facilities Program, which, as part of the Clean Water State Revolving Fund, provides low-interest financing to eligible animal feeding operations for manure management structures, equipment, and plans. Comments are due June 21, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070523.pdf (pp. 1495-1497)

KANSAS

Air:

  • House Bill 2526, which allows for monitoring of mercury in ambient air and precipitation, was signed into law. The legislation will allow for six monitoring stations and include Kansas in the National Atmospheric Deposition Program, a cooperative research program of state, federal, and nongovernmental research organizations. The data collected will be analyzed along with national data to provide trends in mercury concentration (the amount of mercury present in precipitation) and deposition (the amount of mercury deposited on the earth’s surface). See http://www.kdheks.gov/sbcs/download/spring_2007.pdf (pp. 1-2)

Hazardous and Solid Waste:

  • The Waste Tire Grant Bill, Senate Bill, 146, was signed into law. The legislation amends the existing waste tire recycling grant program to include grants to local governments to assist in the purchase of playground cover material and other non-specified products made from recycled waste tires. The Kansas Department of Health and Environment (KDHE) already has authority to award waste tire recycling grants to purchase specialized equipment to process waste tires into usable products but not to help with the purchase of such products. The bill also removes current statutory restrictions on how much money KDHE may spend annually on waste tire grants. See http://www.kdheks.gov/sbcs/download/spring_2007.pdf (pp. 1-2)
  • Senate Bill 190, Amendments to the Kansas Storage Tank Act, was signed into law. The legislation provides the additional authority needed to comply with new federal requirements and to maintain U.S. EPA approval of the program. It also allows money from the UST fund to be used to perform operator training and additional inspections, to provide follow-up to ensure violations are resolved, to provide additional reporting to U.S. EPA, and to allow public access to program records. See http://www.kdheks.gov/sbcs/download/spring_2007.pdf (pp. 1-2)

Toxic Substances:

  • House Bill 2168, which provides state funding for a buyout of the city of Treece in Cherokee County, was signed into law. It provides state money to be ready as a local money match if federal dollars were to become available for the buyout. Decades of lead and zinc mining have left the area with long-term health and subsidence concerns. See http://www.kdheks.gov/sbcs/download/spring_2007.pdf (pp. 1-2)

KENTUCKY

Air:

Hazardous and Solid Waste:

  • The Department of Environmental Protection has amended numerous rules concerning waste management. Amended rules include those governing General Administrative Procedures; Identification and Listing of Hazardous Waste; Standards Applicable to Generators of Hazardous Waste; Standards Applicable to Transporters of Hazardous Waste; Standards for Owners and Operators of Hazardous Waste Storage, Treatment and Disposal Facilities; Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities; Land Disposal Restrictions; Hazardous Waste Permitting Process; Standards for Special Collection System Wastes; and Waste Tires. See http://www.lrc.ky.gov/kar/contents/2007/06register.htm

Water:

LOUISIANA

Air:

  • The Department of Environmental Quality will conduct a public hearing on proposed Clean Air Interstate Rule (CAIR) Nitrogen Oxide (NOx) Annual and Ozone Season Trading Programs (LAC 33:III.506). This proposed rule defines the state’s methodology under the CAIR NOx Annual and Ozone Season Trading Programs for allocating NOx allowances to electrical generating units subject to CAIR. The hearing will be held June 26, 2007. Comments are due July 3, 2007. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/AQ285pro.pdf
  • The Department of Environmental Quality will conduct a public hearing on proposed Notification Requirements and Reportable Quantity List (LAC 33:I.3905, 3919, 3925, and 3931). This proposed rule modifies the table of reportable quantities in LAC 33:I.3931 to retain the reportable quantities for the highly reactive volatile organic compounds ethylene, propylene, and combinations of ethylene and propylene. The hearing will be conducted June 26, 2007. Comments are due July 3, 2007. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/OS078pro.pdf

MAINE

Air:

  • The Department of Environmental Protection has amended Chapter 141, Conformity of General Federal Actions, to incorporate recent changes to the federal general conformity regulations that became effective on July 17, 2006. The changes to the federal general conformity rule established particulate matter de minimis emission levels for federal actions covered by the general conformity program that are consistent with the 100 tons per year major source threshold for volatile organic compounds and nitrogen oxide emissions in subpart 1 areas under the eight-hour ozone implementation strategy. This rule became effective May 23, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/052307.htm

Fisheries:

  • The Atlantic Salmon Commission will conduct a public hearing on proposed Chapter 1.03, Rules of the Atlantic Salmon Commission, Open Fall Season. This proposed rulemaking would create an open fall fishing season for anadromous Atlantic salmon for a one-month period, annually, in a specified location on the Penobscot River. The permitted activity would be limited to catch and release by fly fishing only. The hearing will be held June 13, 2007. Comments are due June 23, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/052307.htm

MARYLAND

Wildlife:

  • The Secretary of Natural Resources proposed to adopt new regulation .10 under COMAR 08.03.07, Waterfowl. The proposal would allow persons to take resident Canada geese to control goose depredation and resolve or prevent injury to people, property, agricultural crops, or other interests. A recent federal rulemaking process, 71 FR 45964 (2006), provides the basis for this proposal, as Canada geese are a federally protected bird. These state regulations are needed to bring Maryland's protocols for dealing with this population into the regulatory framework developed by the FWS. Comments are due June 25, 2007. See http://www.dsd.state.md.us/mdregister/3411/main_register.htm

MICHIGAN

Water:

  • The Water Bureau will conduct a public hearing on the draft Lapointe Drain dissolved oxygen and total phosphorus TMDL and the draft Lake Erie - Luna Pier Beach E. coli TMDL. The TMDL reaches were included on Michigan's Year 2006 Section 303(d) list due to water quality exceedances for dissolved oxygen and nuisance algal growths, total phosphorus, and E. coli. The TMDLs are being developed to identify the necessary pollutant reductions to meet water quality standards. The hearing will be held June 4, 2007. The comment deadline has been extended to June 18, 2007. See http://www.michigan.gov/deq/0,1607,7-135-3308_3325-168944--,00.html

MINNESOTA:

Water:

  • The Pollution Control Agency is extending its request for comments on its planned amendment to rules governing the nondegradation criteria that affect the quality of Minnesota's waters. The agency is considering amendments to its rules (including, but not limited to, Minn. R. 7050.0185) governing the nondegradation of waters to reflect changes that have occurred since the existing rules were adopted and to address the effect of stormwater discharges. The agency is also considering state consistency with the federal antidegradation policies as identified by U.S. EPA. The new deadline for comments is August 21, 2007. See http://www.pca.state.mn.us/news/data/bdc.cfm?noticeID=275753&blobID=18208&docTypeID=4
  • The Minnesota Pollution Control Agency is requesting comments on the draft Pipestone Creek Fecal Coliform Bacteria and Turbidity TMDL Report. The agency identified three stream reaches in the Pipestone Creek watershed in Pipestone County as exceeding Minnesota water quality standards for both fecal coliform bacteria (a human health concern that limits recreational use of the water) and turbidity (a measure of cloudiness of water that affects aquatic life). The draft TMDL report is available on the agency's website at http://www.pca.state.mn.us/water/tmdl/index.html. Comments are due June 15, 2007. See http://www.pca.state.mn.us/news/data/bdc.cfm?noticeID=275475&blobID=17892&docTypeID=4

NEW HAMPSHIRE:

Water:

  • The Water Council will conduct a public hearing to consider the adoption of Env-WC 100, Water Council Organizational Rules. The proposed rules contain definitions, explain the Council's organization and responsibilities, and explain how information contained in the Council's records may be obtained. The hearing will be held July 11, 2007. Comments are due July 11, 2007. See http://www.gencourt.state.nh.us/rules/may-25-07.pdf (pp. 1-2)
  • The Wetlands Council will conduct a public hearing to consider the amendment of Env-WC 200, Water Council Procedural Rules. The rules establish the procedures applicable to the Water Council for regular meetings and for appeals. The amendments are intended to clarify the rules, including clarifying the distinction between how adjudicative and non-adjudicative matters are handled, and to add provisions relating to rulemaking petitions and petitions for declaratory rulings. The hearing will be held July 11, 2007. Comments are due July 11, 2007. See http://www.gencourt.state.nh.us/rules/may-25-07.pdf (pp. 3-5)

NEW MEXICO

Air:

Fisheries:

  • The Department of Fish and Game issued an emergency order to 19.31.4 NMAC, Section 20, effective May 12, 2007, concerning Kid’s Pond and Middle Pond at Tingley Beach in Bernalillo County. The emergency order stated that fish life may be destroyed by an infestation of Ichthyophthirius multifiliis, potentially causing death to catfish, trout, and other game fish. Also, the life cycle of the parasite will perpetuate unless the existence of potential hosts is greatly minimized. Given the short infectious period of this parasite, the potential exists that the life cycle could be greatly interrupted or completely broken if enough fish are removed. Bag limits on sport fish will be unlimited. These rules were effective May 12 to May 20, 2007. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii10/19.31.4Eamend.htm

Water

  • The New Mexico Environmental Improvement Board will hold a public hearing to consider proposed amendments to the Rural Water Supply Facilities Regulations, 20.7.2 NMAC. Amendments include addition of and amendments to various definitions, addition of solid waste as an eligible facility, amendments to establish an administrative fund and allocate up to two percent of the total balance in the fund to pay for administrative expenses necessary to carry out the provisions of the Rural Infrastructure Act, amendments to loan information and financial report requirements, amendments to maximum loan and grant amounts, amendments to eligible local authorities, amendments to repayment installments, and amendments to remove restrictive language. The hearing will be held August 7, 2007. Comments are due August 7, 2007. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii09/EIBnotice.htm

NEW YORK:

Air:

  • The Department of Environmental Conservation has adopted emergency rules regarding Architectural and Industrial Maintenance Coatings. The rules intend to achieve reductions of emissions of volatile organic compounds necessary to demonstrate attainment with the ozone NAAQS. Rules became effective May 8, 2007. See http://www.dos.state.ny.us/info/register/2007/may23/pdfs/rules.pdf (pp. 2-6)

OHIO:

Water:

RHODE ISLAND

Air:

  • The Department of Environmental Management seeks public comment on its proposal to repeal Air Pollution Control Regulation No. 2, Handfiring of Soft Coal, Air Pollution Control Regulation No. 10, Air Pollution Episodes, and Air Pollution Control Regulation No. 38, Nitrogen Oxides Allowance Program. A public hearing on the proposed repeal of these regulations will be held if department receives such requests from 25 people, a governmental agency or subdivision, or an association having not less than 25 members. Comments are due June 18, 2007. See http://www.dem.ri.gov/programs/benviron/air/regrepl.htm

SOUTH CAROLINA

Air:

  • The Department of Health and Environmental Control will conduct a public hearing on proposed amendments to its SIP to meet U.S. EPA requirements for the proposed eight-hour ozone NAAQS attainment demonstration SIP for the South Carolina Rock Hill Fort Mill Area Transportation Study Metropolitan Planning Organization moderate nonattainment area. The hearing will be held June 25, 2007. Comments are due June 25, 2007. See http://www.scdhec.net/administration/regs/docs/regupdate.doc

Water:

  • The South Carolina Department of Health and Environmental Control has extended the period for comment on proposed amendments to specific sections of R.61-68, Water Classifications and Standards, and sections of R. 61-69, Classified Waters. Comments are now due June 25, 2007. See http://www.scdhec.net/environment/water/docs/wqs/nod052507.pdf

SOUTH DAKOTA

Hazardous and Solid Waste:

  • The Board of Minerals and the Environment will conduct a public hearing on proposed amendments to rules to update existing hazardous waste rules 33 SDR 205 by incorporating the federal regulations by reference. Changes pertain to the used oil management standards; special provision for National Environmental Performance Track Program companies; the existing national emission standards for permitted hazardous waste treatment, storage, and disposal facilities; certain wastes generated by the dye, pigment, food, drug and cosmetic colorant manufacturing industries as hazardous wastes; requirements for the management of mercury-containing equipment; requirements for the hazardous waste manifest system; and requirements for the safe management of used electronic devices that contain cathode ray tubes. The hearing will be held July 19, 2007. See http://legis.state.sd.us/rules/register/05292007.pdf (p. 219)

TENNESSEE

Air:

Hazardous and Solid Waste:

TEXAS

Air:

  • The Texas Commission on Environmental Quality has adopted rules regarding the Control of Volatile Organic Compound (VOC) Emissions from Storage and Degassing Operations in Houston-Galveston-Brazoria for the Eight-Hour Ozone Standard. The intention of the rule is to reduce VOC emissions from VOC storage and degassing operations by establishing: (1) more stringent controls for fittings on floating roof storage vessels; (2) control requirements or operational limitations on landing floating roofs; 3) more stringent control requirements for degassing and cleaning of storage, transport, and marine vessels; and 4) control requirements for flash emissions from crude oil and condensate storage tanks. The rules become effective June 14, 2007. See http://www.tceq.state.tx.us/rules/adopt.html
  • The Texas Commission on Environmental Quality has adopted Chapter 117 Reformat - Nitrogen Oxide (NOx) Controls for the Dallas-Fort Worth Eight-Hour Ozone Attainment Demonstration, and Revisions to the Residential Water Heater Rules. The rules become effective June 14, 2007. See http://www.tceq.state.tx.us/rules/adopt.html
  • The Texas Commission on Environmental Quality has adopted rules regarding Low Emission Diesel (LED) for Certain Marine Fuels. Current photochemical modeling indicates that large reductions in nitrogen oxides (NOx) will be needed in order to attain the eight-hour ozone standard in the Houston-Galveston-Brazoria nonattainment area. This rule revision in 30 TAC Chapter 114 will get further reductions in NOx in coastal areas of counties where LED is required. The rules become effective June 14, 2007. See http://www.tceq.state.tx.us/rules/adopt.html
  • The Texas Commission on Environmental Quality has adopted rules regarding Extension of Alternative Emissions Reduction Plan Deadline. The change to §114.318 amends the expiration date of all alternative emissions reduction plans approved by the Executive Director prior to December 16, 2005, by extending the expiration date by one year to December 31, 2007. The rules became effective May 31, 2007. See http://www.tceq.state.tx.us/rules/adopt.html
  • The Texas Commission on Environmental Quality has adopted amendments to 30 TAC §114.318 regarding Low Emission Diesel. See http://www.sos.state.tx.us/texreg/sos/adopted/30.ENVIRONMENTAL%20QUALITY.html#204

Water:

  • The Texas Commission on Environmental Quality is soliciting public comment on amendments to the following rules: Chapter 321, Control of Certain Activities by Rule; Chapter 50, Action on Applications and Other Authorizations; and Chapter 305, Consolidated Permits. The commission also seeks comment on the repeal of certain Subchapters of 30 TAC 321. Comments are due June 25, 2007. See http://www.tceq.state.tx.us/assets/public/legal/rules/rule_lib/proposals/06051321_pex.pdf

UTAH

Toxic Substances :

WISCONSIN

Air:

  • The Department of Natural Resources will hold a public hearing on revisions to chapters NR 484 and creation of NR 460, Appendix JJJJ and ch. NR 465, subch. III, Wis. Adm. Code, relating to NESHAPs for paper and other web surface coating processes. The proposed rule will regulate the emissions of hazardous air pollutants from facilities that are major sources of federal hazardous air pollutants and that conduct surface coating of paper. The hearing will be conducted June 12, 2007. Comments are due June 29, 2007. 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

ANGOLA ESTABLISHES FISHERIES, AQUACULTURE MANAGEMENT MEASURES

The Angolan government has approved measures for the management of fisheries and aquaculture for 2007 that set catch limits according to "the available potential of aquatic and aquaculture resources." These new measures, which are to be enforced by the Fisheries Ministry, include improving knowledge about the biology of shellfishes, identifying natural banks, bolstering aquaculture activities, and adopting an ecosystem-based approach toward fisheries management. See http://allafrica.com/stories/200705280838.html

NIGERIA CREATES REGULATORY AUTHORITY TO SECURE OIL AND GAS ENVIRONMENT

The Nigerian Minister of Petroleum has set up a Nuclear Regulatory Authority to monitor the movement of radioactive materials and preserve the safety of people living in oil and gas production zones. The Authority will focus its attention on oil companies--the largest importers and users of radioactive substances in the country--that illegally transport and handle the dangerous materials. The new body, which commences duties on June 3, 2007, will also seek to protect workers in the oil industry from health hazards associated with handling the materials. See http://allafrica.com/stories/printable/200705280259.html.

CHINA REJECTS EU CALLS FOR CLIMATE CHANGE ACTION

China has rejected calls from the European Union to take more action on climate change, saying that its status as a developing nation excuses the country from the responsibilities that industrialized nations bear. Though some projections show that China could overtake the United States to become the top emitter of greenhouse gases as early as this year, Beijing has rejected caps on its emissions growth. Chinese Foreign Ministry spokeswoman Jiang Yu Jiang said, "we believe the developed countries have the capacity and responsibility to take further contributions in this regard, to take the lead on the reduction of greenhouse gas emissions." See http://www.enn.com/globe.html?id=1666

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

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