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Weekly Update Volume 37, Issue 2

01/22/2007

LITIGATION

CERCLA, CONTRIBUTION, COST RECOVERY:

The Seventh Circuit held that a water district that voluntarily incurred costs cleaning up hazardous materials from its property in Chicago, Illinois, may seek recovery costs from a lessee under CERCLA §107(a). Because the water district was not the subject of a prior CERCLA action for damages or noncompliance, it could not seek contribution from the lessee under CERCLA §113(f) pursuant to the U.S. Supreme Court’s holding in Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157, 34 ELR 20154 (2004). But because the water district, as a "firm" or "corporation," is a "person" that has incurred "necessary costs of response," the court reasoned that it could bring suit under §107(a) to recover those costs and further the policies of the Act. The U.S. Courts of Appeals have split on this issue. Metropolitan Water Reclamation District v. North American Galvanizing & Coatings, Inc., No. 05-3299, 37 ELR 20010 (7th Cir. Jan. 17, 2007) (28 pp.) (Plaintiff's counsel included Harvey M. Sheldon of Hinshaw & Culbertson LLP in Chicago, Ill.).

CERCLA, CONTRIBUTION, COST RECOVERY:

A district court held that a party potentially responsible for the cleanup of property contaminated by hazardous substances under CERCLA, but not able to bring an action for contribution under §113(f) of that statute, may not bring a cost recovery or contribution action against another PRP under §107(a). The court reasoned that CERCLA §107(a) does not give a private PRP a statutory right to bring a cost recovery action against other PRPs. Congress created a separate contribution remedy in §113(f), subject to specific conditions and limitations not included in §107(a). Nor is there an implied right of contribution under §107(a) or federal common law. Hence, the plaintiff's CERCLA cost recovery and contribution claims against a dry-cleaning chemical supplier were dismissed. The court declined jurisdiction over its remaining state-law claims. Although U.S. Courts of Appeals have split on the CERCLA issue, the Fifth Circuit has yet to rule on the subject. Differential Development-1994, Ltd. v. Harkrider Distributing Co., No. H-05-3375, 37 ELR 20014 (S.D. Tex. Jan. 9, 2007) (Rosenthal, J.) (23 pp.).

CERCLA, LIABILITY:

A district court held that the owner and operators of a hazardous waste site in Chicago, Illinois, are liable for past response costs EPA incurred at the site. The court rejected the owner's claim that it only held title in the property to obtain a "security interest." The court also rejected the owner's affirmative defense that it exercised due care to prevent a release at the site. Locking the doors to third parties and ignoring the hazardous substances inside is not, as a matter of law, an exercise of due care. In addition, the operators failed to establish the innocent landowner defense. The evidence clearly demonstrates that one of the operators caused a release or threat of release at the site and that the other was aware of hazardous materials at the site but took no steps to remove it. United States v. Capital Tax Corp., No. 04 C 4138, 37 ELR 20015 (N.D. Ill. Jan. 4, 2007) (Marovich, J.) (12 pp.).

CWA, NPDES PERMITS:

A district court denied an environmental group's motion for summary judgment on claims that a logging company violated the CWA with respect to logging activities near a brook situated several miles upstream of Scotia, California. Contrary to assertions of the lumber company, the group has standing to sue. Nevertheless, the group failed to establish the company's liability. To meet its burden under CWA §301(a), the group must show that the logging company "discharged" a "pollutant" from a "point source" to "navigable waters" "without an NPDES permit," yet there are genuine issues of material fact with regard to each of these elements. And in order to establish a violation of §402, the group would first need to establish that the company had failed to comply with the terms of an NPDES permit. Environmental Protection Information Center v. Pacific Lumber Co., No. C 01-2821 MHP, 37 ELR 20012 (N.D. Cal. Jan. 8, 2007) (Patel, J.) (15 pp.).

CWA, ATTORNEYS FEES:

A district court denied landowners' motion for an interim award of attorneys fees and costs in connection with their CWA action against a company for failing to obtain a CWA permit before conducting dredging activities at the Fawn River State Hatchery. At this stage of the litigation, the landowners have prevailed on their claim that the company's actions violated the CWA. But the crux of the landowners' case is in their allegation that the violation caused substantial damage to the Fawn River. As of yet, no determination has been made that any materials were deposited into the Fawn River or whether any materials that may have been deposited caused damage. The sole issue that has been determined is that the company should have obtained a permit prior to the dredging activities they conducted. Since damage to the Fawn River is central to their lawsuit, the court concluded that until the Phase One assessment is completed, the landowner's request for interim fees is premature. Greenfield Mills, Inc. v. Carter, No. 1:00 CV 0219, 37 ELR 20011 (N.D. Ind. Jan. 9, 2007) (Lee, J.) (3 pp.).

CWA, NEPA, NATIONAL HISTORIC PRESERVATION ACT:

A district court denied a motion to preliminarily enjoin a city from filling 3.5 acres of wetlands to construct a road. Environmental groups and homeowners argued that the U.S. Army Corps of Engineer violated the CWA, NEPA, and the National Historic Preservation Act in issuing the city a dredge and fill permit under CWA §404. The plaintiffs, however, are not likely to succeed on the merits and they failed to demonstrate irreparable harm from denial of preliminary relief. Moreover, the balance of hardships favors the city over the plaintiffs, and the public interest does not favor a preliminary injunction. Hence, the court denied their request for preliminary injunction. Northwest Bypass Group v. U.S. Army Corps of Engineers, No. 06-CV-00258-JAW, 37 ELR 20013 (D.N.H. Jan. 5, 2007) (Woodcock, J.) (27 pp.).

TAKINGS, STATUTE OF LIMITATIONS, RIPENESS:

The Sixth Circuit upheld a lower court decision dismissing residents' takings claim against a city for the dewatering of their water wells in the 1990s. Their takings claim based on past violations was barred by the statute of limitations because it was delinquently filed in federal court. Meanwhile, their takings claim for continuing violations was not properly raised below and, hence, is not ripe for review. McNamara v. City of Rittman, No. 02-3965, 37 ELR 20016 (6th Cir. Jan. 8, 2007) (5 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 delegated authority to Iowa, Missouri, and Nebraska to implement and enforce the new source performance standards, NESHAPs, and maximum achievable control technology standards. 72 FR 1937 (1/17/07).
  • SIP Approvals: California (definitions of terms and rescinding of duplicative requirements for landfills) 72 FR 656 (1/8/07). Indiana (eight-hour ozone NAAQS) 72 FR 1292 (1/11/07). Maryland (volatile organic compounds (VOCs) from medical device manufacturing) 72 FR 1289 (1/11/07); (VOC reasonably available control technology) 72 FR 1291 (1/11/07). Virginia (fine particulate (PM2.5) NAAQS) 72 FR 653 (1/8/07).
  • SIP Proposals: California (definitions of terms and rescinding of duplicative requirements for landfills; see above for direct final rule) 72 FR 698 (1/8/07). Kentucky (performance testing and open burning) 72 FR 1954 (1/17/07). Michigan (eight-hour ozone NAAQS) 72 FR 699 (1/8/07). Ohio (eight-hour ozone NAAQS, ozone maintenance plan, and motor vehicle emission budgets) 72 FR 711 (1/8/07); (criteria pollutant and toxic emissions from hospital, medical and infectious waste incinerators) 72 FR 1197 (1/10/07); (eight-hour ozone NAAQS) 72 FR 1956 (1/17/07). Virginia (PM2.5 NAAQS; see above for direct final rule) 72 FR 697 (1/8/07). West Virginia (eight-hour ozone NAAQS) 72 FR 1474 (1/12/07).

HAZARDOUS WASTE:

  • EPA entered into a proposed administrative order on consent under CERCLA concerning the Bountiful 5 Points PCE Plume Superfund site in Bountiful, Utah, that requires the respondent to pay $10,000 in past response costs to EPA, to use best efforts to recover funds to reimburse additional past response costs of $46,031.93, and to pay future EPA oversight costs. 72 FR 2513 (1/19/07).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the PCB Treatment Inc. Superfund sites in Kansas City, Missouri, and Wyandotte County, Kansas, that requires the settling party to pay $47,844.97 in response costs to the Hazardous Substance Superfund. 72 FR 1722 (1/16/07).

MINING:

  • OSM approved an amendment to West Virginia's abandoned mine lands reclamation plan under SMCRA; the revisions update and improve the effectiveness of the plan. 72 FR 1931 (1/17/07).
  • OSM proposed to amend its regulations to comply with the Energy Policy Act's requirements for establishing environmental performance and reclamation standards for abandoned coal refuse remining operations. 72 FR 2135 (1/17/07).

WATER:

  • EPA, with minor changes, proposed to reissue the general NPDES permit regulating small suction dredging at gold placer mining operations in the state of Alaska; the general permit is due to expire on June 4, 2007. 72 FR 1723 (1/16/07).

WILDLIFE:

  • FWS withdrew its July 15, 2002, proposal (67 FR 46441) to list slickspot peppergrass as endangered under the ESA; the agency found that the plant's range-wide abundance has increased in recent years in correlation with increased rainfall, as expected for this species. 72 FR 1621 (1/12/07).
  • FWS, in response to a court order, clarified a finding it made in support of the final rule (65 FR 16052) that listed the contiguous U.S. distinct population segment of the Canada lynx as threatened. 72 FR 1186 (1/10/07).
  • FWS announced a 12-month finding on a petition to list the polar bear as threatened with critical habitat under the ESA; the agency determined that listing the species is warranted at this time but that critical habitat is not determinable at this time. 72 FR 1063 (1/9/07).
  • FWS announced the availability of the draft revised recovery plan for the Rio Grande Silvery Minnow. 72 FR 2301 (1/18/07).
  • NOAA-Fisheries announced the adoption of its ESA recovery plan for the Puget Sound Chinook Salmon evolutionarily significant unit. 72 FR 2493 (1/19/07).
  • EPA announced that the external review draft of Part 1 of the 2007 release of the Causal Analysis/Diagnosis Decision Information System website is available for review and comment. 72 FR 1995 (1/17/07).
  • EPA announced the availability of a draft document entitled the Multi-Agency Radiation Survey and Assessment of Materials and Equipment Manual. 72 FR 1708 (1/16/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. EnTire Recycling, Inc., No. 8:06-CV-766 (D. Neb. Dec. 20, 2006). Settling CERCLA and CWA defendants must pay $201,000 in U.S. response costs incurred at a tire recycling facility in Nebraska City, Nebraska. 72 FR 1342 (1/11/07).
  • United States v. DaimlerChrysler AG, No. 1:06CV02172 (D.D.C. Dec. 21, 2006). Settling CAA defendants must pay $1.2 million in civil penalties and must implement a supplemental emission-related defect monitoring, investigation, and reporting protocol to resolve claims of failing to timely file emission-defect information reports as required by the Act. 72 FR 799 (1/8/07).
  • United States v. Ferguson Harbour Service, Inc., No. 3:03-CV-1266 (S.D. Miss. Dec. 21, 2007). A settling CERCLA defendant must pay $50,000 in past and future response costs incurred at and from the Industrial Pollution Control Superfund site in Jackson, Mississippi. 72 FR 799 (1/8/07).

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

THE CONGRESS

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

PUBLIC LAWS:

  • S. 159 (national recreation area), which redesignates the White Rocks National Recreation Area in the state of Vermont as the "Robert T. Stafford White Rocks National Recreation Area," was signed into law by President Bush on January 17, 2007. Pub. L. No. 110-1, 153 Cong. Rec. D65 (daily ed. Jan. 18, 2007).
  • S. 214 (aquifers), which authorizes the Secretary of the Interior to cooperate with the states on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, was signed into law by President Bush on December 22, 2006. Pub. L. No. 109-448, 153 Cong. Rec. D8 (daily ed. Jan. 4, 2007).
  • S. 362 (NOAA), which establishes a program within NOAA and the U.S. Coast Guard to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety, in coordination with non-federal entities, was signed into law by President Bush on December 22, 2006. Pub. L. No. 109-449, 153 Cong. Rec. D8 (daily ed. Jan. 4, 2007).
  • S. 895 (water), which authorizes the Secretary of the Interior to carry out a rural water supply program in the reclamation states to provide a clean, safe, affordable, and reliable water supply to rural residents, was signed into law by President Bush on December 22, 2006. Pub. L. No. 109-451, 153 Cong. Rec. D8 (daily ed. Jan. 4, 2007).
  • S. 1096 (rivers), which amends the Wild and Scenic Rivers Act to designate portions of the Musconetcong River in the state of New Jersey as a component of the National Wild and Scenic Rivers System, was signed into law by President Bush on December 22, 2006. Pub. L. No. 109-452, 153 Cong. Rec. D8 (daily ed. Jan. 4, 2007).
  • S. 1529 (land conveyance), which provides for the conveyance of certain federal land in the city of Yuma, Arizona, was signed into law by President Bush on December 22, 2006. Pub. L. No. 109-454, 153 Cong. Rec. D8 (daily ed. Jan. 4, 2007).
  • S. 2150 (land conveyance), which directs the Secretary of the Interior to convey certain BLM land to the city of Eugene, Oregon, was signed into law by President Bush on December 22, 2006. Pub. L. No. 109-457, 153 Cong. Rec. D8 (daily ed. Jan. 4, 2007).
  • S. 2205 (land conveyance), which directs the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the initial stage of the Oahe Unit, James Division, South Dakota, to the Commission of Schools and Public Lands and the Department of Game, Fish, and Parks of the state of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the Commission, was signed into law by President Bush on December 22, 2006. Pub. L. No. 109-458, 153 Cong. Rec. D8 (daily ed. Jan. 4, 2007).
  • S. 2735 (dams), which amends the National Dam Safety Program Act to reauthorize the national dam safety program, was signed into law by President Bush on December 22, 2006. Pub. L. No. 109-460, 153 Cong. Rec. D8 (daily ed. Jan. 4, 2007).
  • S. 4092 (land use), which clarifies certain land use in Jefferson County, Colorado, was signed into law by President Bush on December 22, 2006. Pub. L. No. 109-466, 153 Cong. Rec. D9 (daily ed. Jan. 4, 2007).
  • H.R. 394 (national parks), which directs the Secretary of the Interior to conduct a boundary study to evaluate the significance of the Colonel James Barrett Farm in the commonwealth of Massachusetts and the suitability and feasibility of its inclusion in the National Park System as part of the Minute Man National Historical Park, was signed into law by President Bush on December 20, 2006. Pub. L. No. 109-419, 153 Cong. Rec. D6 (daily ed. Jan. 4, 2007).
  • H.R. 482 (land exchange), which provides for a land exchange involving federal lands in the Lincoln National Forest in the state of New Mexico, was signed into law by President Bush on January 12, 2007. Pub. L. No. 109-474, 153 Cong. Rec. D48 (daily ed. Jan. 16, 2007).
  • H.R. 486 (land exchange), which provides for a land exchange involving private land and BLM land in the vicinity of Holloman Air Force Base, New Mexico, for the purpose of removing private land from the required safety zone surrounding munitions storage bunkers at Holloman Air Force Base, was signed into law by President Bush on January 11, 2007. Pub. L. No. 109-470, 153 Cong. Rec. D35 (daily ed. Jan. 11, 2007).
  • H.R. 854 (land trust), which provides for certain lands to be held in trust for the Utu Utu Gwaitu Paiute Tribe, was signed into law by President Bush on December 20, 2006. Pub. L. No. 109-421, 153 Cong. Rec. D7 (daily ed. Jan. 4, 2007).
  • H.R. 1674 (NOAA), which authorizes and strengthens the tsunami detection, forecast, warning, and mitigation program of NOAA, to be carried out by the National Weather Service, was signed into law by President Bush on December 20, 2006. Pub. L. No. 109-424, 153 Cong. Rec. D7 (daily ed. Jan. 4, 2007).
  • H.R. 4588 (water), which reauthorizes grants for and requires applied water supply research regarding the water resources research and technology institutes established under the Water Resources Research Act of 1984, was signed into law by President Bush on January 11, 2007. Pub. L. No. 109-471, 153 Cong. Rec. D35 (daily ed. Jan. 11, 2007).
  • H.R. 5132 (national parks), which directs the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of including in the National Park System certain sites in Monroe County, Michigan, relating to the Battles of the River Raisin during the War of 1812, was signed into law by President Bush on December 20, 2006. Pub. L. No. 109-429, 153 Cong. Rec. D7 (daily ed. Jan. 4, 2007).
  • H.R. 5136 (NOAA), which establishes a National Integrated Drought Information System within NOAA to improve drought monitoring and forecasting capabilities, was signed into law by President Bush on December 20, 2006. Pub. L. No. 109-430, 153 Cong. Rec. D7 (daily ed. Jan. 4, 2007).
  • H.R. 5646 (energy), which studies and promotes the use of energy efficient computer servers in the United States, was signed into law by President Bush on December 20, 2006. Pub. L. No. 109-431, 153 Cong. Rec. D7 (daily ed. Jan. 4, 2007).
  • H.R. 5782 (pipelines), which amends title 49, U.S. Code, to provide for enhanced safety and environmental protection in pipeline transportation and provide for enhanced reliability in the transportation of the nation's energy products by pipeline, was signed into law by President Bush on December 29, 2006. Pub. L. No. 109-341, 153 Cong. Rec. D8 (daily ed. Jan. 4, 2007).
  • H.R. 5946 (fisheries), which amends Magnuson-Stevens Fishery Conservation and Management Act to authorize activities to promote improved monitoring and compliance for high seas fisheries or fisheries governed by international fishery management agreements, was signed into law by President Bush on January 12, 2007. Pub. L. No. 109-479, 153 Cong. Rec. D48 (daily ed. Jan. 16, 2007).
  • H.R. 6131 (USTs), which permits certain expenditures from the Leaking Underground Storage Tank Trust Fund, was signed into law by President Bush on December 20, 2006. Pub. L. No. 109-433, 153 Cong. Rec. D7 (daily ed. Jan. 4, 2007).

CHAMBER ACTION:

  • S. 159 (national recreation area), which would redesignate the White Rocks National Recreation Area in the state of Vermont as the "Robert T. Stafford White Rocks National Recreation Area," was passed by the Senate. 153 Cong. Rec. S199 (daily ed. Jan. 4, 2007).
  • H.R. 6 (CLEAN Energy Act of 2007), which would to reduce our nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, was passed by the House. 153 Cong. Rec. H688 (daily ed. Jan. 18, 2007).

COMMITTEE ACTION:

  • H. Res. 66 (energy) was reported by the Committee on Rules. H. Rep. No. 110-2, 153 Cong. Rec. H571 (daily ed. Jan. 16, 2007). The resolution would provide for consideration of H.R. 6 to reduce our nation's dependency on foreign oil by investing in clean, renewable and alternative energy resources, promoting new emerging energy alternatives, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy.

BILLS INTRODUCED:

  • S. 23 (Harkin, D-Iowa) (energy) would promote renewable fuel and energy security of the United States. 153 Cong. Rec. S37 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 24 (Boxer, D-Cal.) (SDWA) would amend the SDWA to require a health advisory and monitoring of drinking water for perchlorate. 153 Cong. Rec. S37 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 27 (Feinstein, D-Cal.) (rivers) would authorize the implementation of the San Joaquin River Restoration Settlement. 153 Cong. Rec. S37 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 39 (Stevens, R-Ark.) (ocean exploration) would establish a coordinated national ocean exploration program within NOAA. 153 Cong. Rec. S37 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 81 (Schumer, D-N.Y.) (nuclear waste) would authorize the DOE to remediate the Western New York Nuclear Service Center in the town of Ashford, New York, and to dispose of nuclear waste. 153 Cong. Rec. S38 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 86 (McCain, R-Ariz.) (rivers) would designate segments of Fossil Creek, a tributary to the Verde River in the state of Arizona, as wild and scenic rivers. 153 Cong. Rec. S38 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 123 (Landrieu, D-La.) (hurricanes) would authorize the project for hurricane and storm damage reduction in Morganza to the Gulf of Mexico, Louisiana. 153 Cong. Rec. S39 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 125 (Allard, R-Colo.) (national parks) would establish the Granada Relocation Center National Historic Site as an affiliated unit of the National Park System. 153 Cong. Rec. S39 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 127 (Allard, R-Colo.) (national parks) would amend the Great Sand Dunes National Park and Preserve Act of 2000 to explain the purpose and provide for the administration of the Baca National Wildlife Refuge. 153 Cong. Rec. S39 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 128 (Allard, R-Colo.) (rivers) would amend the Cache La Poudre River Corridor Act to designate a new management entity, make certain technical and conforming amendments, and enhance private property protections. 153 Cong. Rec. S39 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 129 (Allard, R-Colo.) (energy efficiency) would study and promote the use of energy efficient computer servers in the United States. 153 Cong. Rec. S39 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 133 (Obama, D-Ill.) (alternative fuel) would promote the national security and stability of the economy of the United States by reducing the dependence of the United States on oil through the use of alternative fuels and new technology. 153 Cong. Rec. S39 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Finance.
  • S. 146 (Boxer, D-Cal.) (fuel efficiency) would require the federal government to purchase fuel efficient automobiles. 153 Cong. Rec. S40 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 148 (Lautenberg, D-N.J.) (national parks) would establish the Paterson Great Falls National Park in the state of New Jersey. 153 Cong. Rec. S40 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 150 (Boxer, D-Cal.) (SDWA) would amend the SDWA to protect the health of pregnant women, fetuses, infants, and children by requiring a health advisory and drinking water standard for perchlorate. 153 Cong. Rec. S40 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 151 (Boxer, D-Cal.) (oil and gas leasing) would permanently prohibit oil and gas leasing off the coast of California. 153 Cong. Rec. S40 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 154 (Bunning, R-Ky.) (fuel) would promote coal-to-liquid fuel activities. 153 Cong. Rec. S40 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 155 (Bunning, R-Ky.) (fuel) would promote coal-to-liquid fuel activities. 153 Cong. Rec. S40 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Finance.
  • S. 162 (Lugar, R-Ind.) (CAA) would amend the Internal Revenue Code of 1986 to modify the alcohol credit and the alternative fuel credit, amend the CAA to promote the installation of fuel pumps for E-85 fuel, and amend title 49 of the U.S. Code to require the manufacture of dual fueled automobiles. 153 Cong. Rec. S40 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Finance.
  • S. 167 (Boxer, D-Cal.) (CAA) would amend the CAA to require the Secretary of Energy to provide grants to eligible entities to carry out research, development, and demonstration projects of cellulosic ethanol and construct infrastructure that enables retail gas stations to dispense cellulosic ethanol for vehicle fuel to reduce the consumption of petroleum-based fuel. 153 Cong. Rec. S40 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 175 (Inhofe, R-Okla.) (water) would provide for a feasibility study of alternatives to augment the water supplies of the Central Oklahoma Master Conservancy District and cities served by the District. 153 Cong. Rec. S40 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 177 (Inhofe, R-Okla.) (land conveyance) would authorize the Secretary of the Interior to convey to the McGee Creek Authority certain facilities of the McGee Creek Project, Oklahoma. 153 Cong. Rec. S40 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 193 (Lugar, R-Ind.) (energy) would increase cooperation on energy issues between the U.S. government and foreign governments and entities in order to secure the strategic and economic interests of the United States. 153 Cong. Rec. S41 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Foreign Relations.
  • S. 183 (Stevens, R-Alaska) (fuel) would require the establishment of a corporate average fuel economy standard for passenger automobiles of 40 miles per gallon by 2017. 153 Cong. Rec. S41 (daily ed. Jan. 4, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 195 (Dorgan, D-N.D.) (agriculture) would amend the Federal Crop Insurance Act to establish permanent authority for the Secretary of Agriculture to quickly provide disaster relief to agricultural producers that incur crop or livestock losses as a result of damaging weather or related condition in federally declared disaster areas. 153 Cong. Rec. S233 (daily ed. Jan. 8, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 199 (Murkowski, R-Alaska) (SDWA) would amend the Safe Drinking Water Amendments of 1996 to modify the grant program to improve sanitation in rural and native villages in the state of Alaska. 153 Cong. Rec. S233 (daily ed. Jan. 8, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 200 (Murkowski, R-Alaska) (water) would require the Secretary of the Interior, acting through the Bureau of Reclamation and U.S. Geological Survey, to conduct a study on groundwater resources in the state of Alaska. 153 Cong. Rec. S233 (daily ed. Jan. 8, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 202 (Murkowski, R-Alaska) (land conveyance) would provide for the conveyance of certain Forest Service land to the city of Coffman Cove, Alaska. 153 Cong. Rec. S233 (daily ed. Jan. 8, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 216 (Bingaman, D-N.M.) (national parks) would provide for the exchange of certain federal land in the Santa Fe National Forest and certain nonfederal land in the Pecos National Historical Park in the state of New Mexico. 153 Cong. Rec. S282 (daily ed. Jan. 9, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 227 (Allard, R-Colo.) (national parks) would establish the Granada Relocation Center National Historic Site as an affiliated unit of the National Park System. 153 Cong. Rec. S283 (daily ed. Jan. 9, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 232 (Wyden, D-Or.) (watersheds) would make permanent the authorization for watershed restoration and enhancement agreements. 153 Cong. Rec. S283 (daily ed. Jan. 9, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 235 (Cantwell, D-Wash.) (land conveyance) would authorize the Secretary of the Interior to convey certain buildings and lands of the Yakima Project, Washington, to the Yakima-Tieton Irrigation District. 153 Cong. Rec. S357 (daily ed. Jan. 10, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 241 (Wyden, D-Or.) (national parks) would authorize the Secretary of the Interior to enter into cooperative agreements to protect natural resources of units of the National Park System through collaborative efforts on land inside and outside of units of the National Park System. 153 Cong. Rec. S358 (daily ed. Jan. 10, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 255 (Domenici, R-N.M.) (water) would provide assistance to the state of New Mexico for the development of comprehensive state water plans. 153 Cong. Rec. S358 (daily ed. Jan. 10, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 257 (Smith, R-Or.) (national heritage area) would direct the Secretary of the Interior to conduct a study to determine the feasibility of establishing the Columbia-Pacific National Heritage Area in the states of Washington and Oregon. 153 Cong. Rec. S445 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 260 (Domenici, R-N.M.) (conservation) would establish the Fort Stanton-Snowy River Cave National Conservation Area. 153 Cong. Rec. S445 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 262 (Craig, R-Idaho) (conservation) would rename the Snake River Birds of Prey National Conservation Area in Idaho as the Morley Nelson Snake River Birds of Prey National Conservation Area in honor of the late Morley Nelson, an international authority on birds of prey who was instrumental in the establishment of this National Conservation Area. 153 Cong. Rec. S445 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 263 (Smith, R-Or.) (conservation) would amend the Oregon Resource Conservation Act of 1996 to reauthorize the participation of the Bureau of Reclamation in the Deschutes River Conservancy. 153 Cong. Rec. S445 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 264 (Smith, R-Or.) (dams) would authorize the Bureau of Reclamation to participate in the rehabilitation of the Wallowa Lake Dam in Oregon. 153 Cong. Rec. S445 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 265 (Smith, R-Or.) (water) would authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a water resource feasibility study for the Little Butte/Bear Creek Subbasins in Oregon. 153 Cong. Rec. S445 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 266 (Smith, R-Or.) (irrigation) would provide for the modification of an amendatory repayment contract between the Secretary of the Interior and the North Unit Irrigation District. 153 Cong. Rec. S445 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 268 (Cantwell, D-Wash.) (resources) would designate the Ice Age Floods National Geologic Trail. 153 Cong. Rec. S445 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 272 (Coleman, R-Minn.) (wetlands) would amend Pub. L. No. 87-383 to reauthorize appropriations to promote the conservation of migratory waterfowl and offset or prevent the serious loss of important wetland and other waterfowl habitat essential to the preservation of migratory waterfowl. 153 Cong. Rec. S445 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 277 (Thomas, R-Wyo.) (national parks) would modify the boundaries of Grand Teton National Park to include certain land within the GT Park Subdivision. 153 Cong. Rec. S508 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 278 (Thomas, R-Wyo.) (national heritage area) would establish a program and criteria for National Heritage Areas in the United States. 153 Cong. Rec. S508 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 280 (Lieberman, I-Conn.) (climate change) would provide for a program to accelerate the reduction of greenhouse gas emissions in the United States by establishing a market-driven system of greenhouse gas tradeable allowances, support the deployment of new climate change-related technologies, and ensure benefits to consumers from the trading in such allowances. 153 Cong. Rec. S508-509 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 284 (Conrad, D-N.D.) (agriculture) would provide emergency agricultural disaster assistance. 153 Cong. Rec. S509 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 289 (Warner, R-Va.) (national heritage area) would establish the Journey Through Hallowed Ground National Heritage Area. 153 Cong. Rec. S509 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 298 (Murkowski, R-Alaska) (energy) would provide incentives for renewable energy production, increase fuel economy standards for automobiles, and provide tax incentives for renewable energy production. 153 Cong. Rec. S578 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Finance.
  • S. 300 (Kyl, R-Ariz.) (conservation) 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. S578 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 306 (Schumer, D-N.Y.) (hydroelectricity) would provide certain requirements for hydroelectric projects on the Mohawk River in the state of New York. 153 Cong. Rec. S578 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 307 (Baucus, D-Mont.) (dams) would establish a minimum rate of release for water from the Yellowtail Dam, Montana. 153 Cong. Rec. S579 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 309 (Sanders, I-Vt.) (CAA) would amend the CAA to reduce emissions of carbon dioxide. 153 Cong. Rec. S579 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 312 (Graham, R-S.C.) (conservation) would authorize the Marion Park Project and Committee of the Palmetto Conservation Foundation to establish a commemorative work on federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion. 153 Cong. Rec. S671 (daily ed. Jan. 17, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 317 (Feinstein, D-Cal.) (CAA) would amend the CAA to establish a program to regulate the emission of greenhouse gases from electric utilities. 153 Cong. Rec. S671 (daily ed. Jan. 17, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 323 (Boxer, D-Cal.) (natural gas) would require persons seeking approval for a liquefied natural gas facility to identify employees and agents engaged in activities to persuade communities of the benefits of the approval. 153 Cong. Rec. S671 (daily ed. Jan. 17, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 324 (Domenici, R-N.M.) (water) would direct the Secretary of the Interior to conduct a study of water resources in the state of New Mexico. 153 Cong. Rec. S671 (daily ed. Jan. 17, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 331 (Thune, R-S.D.) (alternative fuel) would provide grants from moneys collected from violations of the corporate average fuel economy program to be used to expand infrastructure necessary to increase the availability of alternative fuels. 153 Cong. Rec. S753 (daily ed. Jan. 18, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 339 (Bayh, D-Ind.) (alternative fuel) would promote the national security and stability of the U.S. economy by reducing the dependence of the United States on oil through the use of alternative fuels and new technology. 153 Cong. Rec. S753 (daily ed. Jan. 18, 2007). The bill was referred to the Committee on Finance.
  • H.R. 6 (Rahall, D-W. Va.) (energy) would reduce our nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy. 153 Cong. Rec. H513 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Ways and Means and Committees on Natural Resources.
  • H.R. 13 (Baca, D-Cal.) (water) would direct the Secretary of the Army to conduct a study to determine the feasibility of carrying out a project for water supply for Rialto, Fontana, and Colton, California. 153 Cong. Rec. H110 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 16 (Gilchrest, R-Md.) (CWA) would amend the CWA to improve and reauthorize the Chesapeake Bay program. 153 Cong. Rec. H110 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 21 (Farr, D-Cal.) (oceans) would establish a national policy for our oceans, strengthen NOAA, and establish a national and regional ocean governance structure. 153 Cong. Rec. H111 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources and Committee on Science and Technology.
  • H.R. 28 (Issa, R-Cal.) (land trust) would transfer certain land in Riverside County, California, and San Diego County, California, from BLM to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians. 153 Cong. Rec. H111 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 29 (Issa, R-Cal.) (water) would authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California. 153 Cong. Rec. H111 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources and Committee on Armed Services.
  • H.R. 30 (Issa, R-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project. 153 Cong. Rec. H111 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 31 (Issa, R-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Elsinore Valley Municipal Water District Wildomar Service Area Recycled Water Distribution Facilities and Alberhill Wastewater Treatment and Reclamation Facility Projects. 153 Cong. Rec. H111 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 39 (Markey, D-Mass.) (wilderness) would preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans. 153 Cong. Rec. H111 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 48 (Welch, D-Vt.) (national recreation area) would redesignate the White Rocks National Recreation Area in the state of Vermont as the "Robert T. Stafford White Rocks National Recreation Area." 153 Cong. Rec. H112 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 50 (Young, R-Alaska) (conservation) would reauthorize the African Elephant Conservation Act and the Rhinoceros and Tiger Conservation Act of 1994. 153 Cong. Rec. H112 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 59 (Christensen, D-V.I.) (land conveyance) would convey certain submerged lands to the Government of the Virgin Islands. 153 Cong. Rec. H112 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 68 (McIntyre, D-N.C.) (water) would amend the Water Resources Development Act of 1976 to allow the Secretary of the Army to extend the period during which the Secretary may provide beach nourishment for a water resources development project. 153 Cong. Rec. H112 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 74 (Bartlett, R-Md.) (National Trails System Act) would amend the National Trails System Act to authorize an additional category of national trail known as a national discovery trail, provide special requirements for the establishment and administration of national discovery trails, and designate the cross-country American Discovery Trail as the first national discovery trail. 153 Cong. Rec. H113 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 76 (Bartlett, R-Md.) (automobiles) would amend the Internal Revenue Code of 1986 to increase the number vehicles for which the alternative motor vehicle credit is allowed. 153 Cong. Rec. H113 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 80 (Bartlett, R-Md.) (agriculture) would provide for federal research, development, demonstration, and commercial application activities to enable the development of farms that are net producers of both food and energy. 153 Cong. Rec. H113 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Science and Technology and Committee on Agriculture.
  • H.R. 84 (Biggert, R-Ill.) (energy) would establish a program of demonstration and commercial application of advanced energy efficiency technologies and systems for buildings. 153 Cong. Rec. H113 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 85 (Biggert, R-Ill.) (energy) would provide for the establishment of centers to encourage demonstration and commercial application of advanced energy methods and technologies. 153 Cong. Rec. H113 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 86 (Biggert, R-Ill.) (alternative fuel) would amend the Internal Revenue Code of 1986 to expand and extend the incentives for alternative fuel vehicles and refueling property and to repeal the oil and gas production incentives added by the Energy Policy Act of 2005. 153 Cong. Rec. H113 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 91 (Brown-Waite, R-Fla.) (climate) would establish a program to provide reinsurance for state natural catastrophe insurance programs to help the United States better prepare for and protect its citizens against the ravages of natural catastrophes, encourage and promote mitigation and prevention for and recovery and rebuilding from such catastrophes, and better assist in the financial recovery from such catastrophes. 153 Cong. Rec. H113 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Financial Services.
  • H.R. 105 (Jo Ann Davis, R-Va.) (national heritage area) would direct the Secretary of the Interior to conduct a study of the suitability and feasibility of establishing the Northern Neck National Heritage Area in Virginia. 153 Cong. Rec. H114 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 110 (Jo Ann Davis, R-Va.) (CWA) would amend the CWA to impose limitations on wetlands mitigation activities carried out through the condemnation of private property. 153 Cong. Rec. H114 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 121 (Doyle, D-Pa.) (green building) would improve efficiency in the federal government through the use of high-performance green buildings. 153 Cong. Rec. H114 (daily ed. Jan. 5, 2007). The bill was referred to the Committees on Energy and Commerce, Oversight and Government Reform, Science and Technology, and Transportation and Infrastructure.
  • H.R. 122 (Dreiter, R-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Inland Empire regional recycling project and in the Cucamonga Valley Water District recycling project. 153 Cong. Rec. H114 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 135 (Linder, R-Ga.) (water) would establish the Twenty-First Century Water Commission to study and develop recommendations for a comprehensive water strategy to address future water needs. 153 Cong. Rec. H115 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources and Committee on Transportation and Infrastructure.
  • H.R. 139 (Granger, R-Tex.) (automobiles) would amend the Internal Revenue Code of 1986 to allow a credit for the purchase of idling reduction systems for diesel-powered on-highways vehicles. 153 Cong. Rec. H115 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 143 (Gene Green, D-Tex.) (energy) would provide for the security of critical energy infrastructure. 153 Cong. Rec. H115 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 153 (Gene Green, D-Tex.) (energy) would provide that no more than 50% of funding made available under the Low-Income Home Energy Assistance Act of 1981 for any fiscal year be provided for home heating purposes. 153 Cong. Rec. H115 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Energy and Commerce and Committee on Education and Labor.
  • H.R. 157 (Holt, D-N.J.) (energy) would require the Secretary of Energy to conduct a study on the potential fuel savings from intelligent transportation systems that help businesses and consumers to plan their travel and avoid delays. 153 Cong. Rec. H116 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 162 (Jindal, R-La.) (national parks) would adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in the state of Louisiana. 153 Cong. Rec. H116 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 182 (Lofgren, D-Cal.) (alternative fuel) would amend the Internal Revenue Code of 1986 to impose an excise tax on automobiles sold in the United States that are not alternative-fueled automobiles. 153 Cong. Rec. H116 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Ways and Means and Committee on Energy and Commerce.
  • H.R. 183 (Melancon, D-La.) (hurricanes) would authorize the project for hurricane and storm damage reduction in Morganza to the Gulf of Mexico, Louisiana. 153 Cong. Rec. H116 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 189 (Pascrell, D-N.J.) (national parks) would establish the Paterson Great Falls National Park in the state of New Jersey. 153 Cong. Rec. H117 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 199 (Renzi, R-Ariz.) (rivers) would designate segments of Fossil Creek, a tributary to the Verde River in the state of Arizona, as wild and scenic rivers. 153 Cong. Rec. H117 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 204 (Rothman, D-N.J.) (EPA) would require the Administrator of EPA to conduct a feasibility study for applying airport bubbles as a method of identifying, assessing, and reducing the adverse environmental impacts of airport ground and flight operations and improving the overall quality of the environment. 153 Cong. Rec. H117 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Energy and Commerce and Committee on Transportation and Infrastructure.
  • H.R. 214 (Serrano, D-N.Y.) (national parks) would authorize the Secretary of the Interior to study the suitability and feasibility of designating Oak Point and North Brother Island in the Bronx, New York, as a unit of the National Park System. 153 Cong. Rec. H118 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 222 (Simpson, R-Idaho) (public land) would promote the economic development and recreational use of National Forest System lands and other public lands in central Idaho, designate the Boulder-White Cloud Management Area to ensure the continued management of certain National Forest System lands and BLM lands for recreational and grazing use and conservation and resource protection, and add certain National Forest System lands and BLM lands in central Idaho to the National Wilderness Preservation System. 153 Cong. Rec. H118 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 233 (Thompson, D-Cal.) (recycling) would establish a grant and fee program through EPA to encourage and promote the recycling of used computers and to promote the development of a national infrastructure for the recycling of used computers. 153 Cong. Rec. H118 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 236 (Thompson, D-Cal.) (water) 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. H118 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 247 (DeFazio, D-Or.) (forests) would designate a Forest Service trail at Waldo Lake in the Willamette National Forest in the state of Oregon as a national recreation trail in honor of Jim Weaver, a former Member of the House of Representatives. 153 Cong. Rec. H120 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 249 (Rahall, D-W. Va.) (wildlife) would restore the prohibition on the commercial sale and slaughter of wild free-roaming horses and burros. 153 Cong. Rec. H120 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 250 (Ehlers, R-Mich.) (NOAA) would provide for NOAA. 153 Cong. Rec. H120 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Science and Technology and Committee on Natural Resources.
  • H.R. 260 (Ehlers, R-Mich.) (invasive species) would establish marine and freshwater research, development, and demonstration programs to support efforts to prevent, control, and eradicate invasive species, as well as educate citizens and stakeholders and restore ecosystems. 153 Cong. Rec. H121 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Science and Technology and Committees on Transportation and Infrastructure, Natural Resources, and House Administration.
  • H.R. 276 (Capps, D-Cal.) (public land) would designate the Piedras Blancas Light Station and the surrounding public land as an Outstanding Natural Area to be administered as a part of the National Landscape Conservation System. 153 Cong. Rec. H121 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 277 (Cleaver, D-Mo.) (alternative fuel) would prohibit the use of amounts in a Members' Representational Allowance to provide any vehicle that does not use alternative fuels. 153 Cong. Rec. H121 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on House Administration.
  • H.R. 299 (Meehan, D-Mass.) (national parks) would adjust the boundary of Lowell National Historical Park. 153 Cong. Rec. H122 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 307 (Pearce, R-N.M.) (water) would impose limitations on the authority of the Secretary of the Interior to claim title or other rights to water absent specific direction of law or to abrogate, injure, or otherwise impair any right to the use of any quantity of water. 153 Cong. Rec. H122 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 309 (Pearce, R-N.M.) (national parks) would direct the Secretary of the Interior to establish a demonstration program to facilitate landscape restoration programs within certain units of the National Park System established by law to preserve and interpret resources associated with American history. 153 Cong. Rec. H122 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 310 (Pearce, R-N.M.) (national parks) would amend the National Park Service Concessions Management Improvement Act of 1998, extend to additional small businesses the preferential right to renew a concessions contract entered into under such Act, and facilitate the renewal of a commercial use authorization granted under such Act. 153 Cong. Rec. H122 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 319 (Wolf, R-Va.) (national heritage area) would establish the Journey Through Hallowed Ground National Heritage Area. 153 Cong. Rec. H123 (daily ed. Jan. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 349 (Kline, R-Minn.) (CAA) would amend the CAA to require all gasoline sold for use in motor vehicles to contain 10% renewable fuel in the year 2010 and thereafter. 153 Cong. Rec. H252 (daily ed. Jan. 9, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 361 (Hinojosa, D-Tex.) (water) would amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects and activities under that Act. 153 Cong. Rec. H341 (daily ed. Jan. 10, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 364 (Gordon, D-Tenn.) (energy) would provide for the establishment of the Advanced Research Projects Agency--Energy. 153 Cong. Rec. H341 (daily ed. Jan. 10, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 370 (Davis, R-Ky.) (fuel) would promote coal-to-liquid fuel activities. 153 Cong. Rec. H341 (daily ed. Jan. 10, 2007). The bill was referred to the Committee on Energy and Commerce and Committees on Ways and Means, Science and Technology, and Armed Services.
  • H.R. 386 (Hastings, R-Wash.) (land conveyance) would authorize the Secretary of the Interior to convey certain buildings and lands of the Yakima Project, Washington, to the Yakima-Tieton Irrigation District. 153 Cong. Rec. H342 (daily ed. Jan. 10, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 389 (Kuhl, R-N.Y.) (dams) would amend the National Dam Safety Program Act to establish a program to provide grant assistance to states for the rehabilitation and repair of deficient dams. 153 Cong. Rec. H342 (daily ed. Jan. 10, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 395 (Salazar, D-Colo.) (CAA) would amend the CAA to require the Secretary of Energy to provide grants to eligible entities to carry out research, development, and demonstration projects of cellulosic ethanol and construct infrastructure that enables retail gas stations to dispense cellulosic ethanol for vehicle fuel to reduce the consumption of petroleum-based fuel. 153 Cong. Rec. H342 (daily ed. Jan. 10, 2007). The bill was referred to the Committee on Energy and Commerce and Committee on Science and Technology.
  • H.R. 398 (Solis, D-Cal.) (environmental quality) would require federal agencies to support health impact assessments and take other actions to improve health and the environmental quality of communities. 153 Cong. Rec. H343 (daily ed. Jan. 10, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 407 (Baird, D-Wash.) (national heritage area) would direct the Secretary of the Interior to conduct a study to determine the feasibility of establishing the Columbia-Pacific National Heritage Area in the states of Washington and Oregon. 153 Cong. Rec. H434 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 415 (Frank, D-Mass.) (rivers) would amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the commonwealth of Massachusetts as a component of the National Wild and Scenic Rivers System. 153 Cong. Rec. H434 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 419 (Lucas, D-Okla.) (agriculture) would provide assistance to agricultural producers for crop and livestock losses in 2005, 2006, or 2007 as a result of natural disasters. 153 Cong. Rec. H434 (daily ed. Jan. 11, 2007). The bill was referred to the Committee on Agriculture and Committee on the Budget.
  • H.R. 435 (Maloney, D-N.Y.) (oil and gas) would provide for a study by the National Academy of Engineering regarding improving the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of federal lands and Indian lands. 153 Cong. Rec. H513 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 442 (Berry, D-Ark.) (national parks) would authorize the Secretary of the Interior to study the suitability and feasibility of designating the Wolf House, located in Norfolk, Arkansas, as a unit of the National Park System. 153 Cong. Rec. H513 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 450 (Hastings, R-Wash.) (resources) would designate the Ice Age Floods National Geologic Trail. 153 Cong. Rec. H514 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 453 (McDermott, D-Wash.) (oil and gas) would amend the Internal Revenue Code of 1986 to provide that oil and gas companies will not be eligible for the effective rate reductions enacted in 2004 for domestic manufacturers. 153 Cong. Rec. H514 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 465 (Saxton, R-N.J.) (conservation) would reauthorize the Asian Elephant Conservation Act of 1997. 153 Cong. Rec. H514 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 467 (Simpson, R-Idaho) (irrigation) would authorize early repayment of obligations to the Bureau of Reclamation within the A & B Irrigation District in the state of Idaho. 153 Cong. Rec. H514 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 469 (Stupak, D-Mich.) (fish) would enable the Great Lakes Fishery Commission to investigate effects of migratory birds on sustained productivity of stocks of fish of common concern in the Great Lakes. 153 Cong. Rec. H514 (daily ed. Jan. 12, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 483 (Doolittle, R-Cal.) (land exchange) would authorize the Secretary of Agriculture to carry out certain land exchanges involving small parcels of National Forest System land in the Tahoe National Forest in the state of California. 153 Cong. Rec. H571 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 485 (Doolittle, R-Cal.) (land exchange) would amend the Small Tracts Act to facilitate the exchange of small tracts of land. 153 Cong. Rec. H571 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Natural Resources and Committee on Agriculture.
  • H.R. 490 (McNulty, D-N.Y.) (hydroelectricity) would provide certain requirements for hydroelectric projects on the Mohawk River in the state of New York. 153 Cong. Rec. H571 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 495 (Walden, R-Or.) (water) would update the management of Oregon water resources. 153 Cong. Rec. H572 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 496 (Walden, R-Or.) (water) would authorize the Secretary of the Interior to assist in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon. 153 Cong. Rec. H572 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 497 (Wilson, R-S.C.) (conservation) would authorize the Marion Park Project, a committee of the Palmetto Conservation Foundation, to establish a commemorative work on federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion. 153 Cong. Rec. H572 (daily ed. Jan. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 498 (Wynn, D-Md.) (oil and gas) would amend the Internal Revenue Code of 1986 to repeal the oil and gas tax subsidies enacted in the Energy Policy Act of 2005. 153 Cong. Rec. H572 (daily ed. Jan. 16, 2007). The bill was referred to the Committees on Ways and Means, Science and Technology, Oversight and Government Reform, and Energy and Commerce.
  • H.R. 517 (Jo Ann Davis, R-Va.) (CAA) would amend the Internal Revenue Code of 1986 to make permanent certain tax incentives for alternative energy and amend the CAA to accelerate the use of renewable fuels. 153 Cong. Rec. H671 (daily ed. Jan. 17, 2007). The bill was referred to the Committee on Ways and Means and Committee on Energy and Commerce.
  • H.R. 518 (Dingell, D-Mich.) (solid waste) 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. 153 Cong. Rec. H671 (daily ed. Jan. 17, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 520 (Feeney, R-Fla.) (coastal resources) would revise the boundaries of John H. Chafee Coastal Barrier Resources System Ponce Inlet Unit P08. 153 Cong. Rec. H671 (daily ed. Jan. 17, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 523 (Hastings, R-Wash.) (land conveyance) would require the Secretary of the Interior to convey certain public land located wholly or partially within the boundaries of the Wells Hydroelectric Project of Public Utility District No. 1 of Douglas County, Washington, to the utility district. 153 Cong. Rec. H671 (daily ed. Jan. 17, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 547 (Gordon, D-Tenn.) (alternative fuel) would facilitate the development of markets for alternative fuels and ultra low sulfur diesel fuel through research, development, and demonstration and data collection. 153 Cong. Rec. H758 (daily ed. Jan. 18, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 550 (McNulty, D-N.Y.) (energy) would amend the Internal Revenue Code of 1986 to extend the investment tax credit with respect to solar energy property and qualified fuel cell property. 153 Cong. Rec. H758 (daily ed. Jan. 18, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 559 (Delahunt, D-Mass.) (energy) would promote renewable fuel and energy security of the United States. 153 Cong. Rec. H758 (daily ed. Jan. 18, 2007). The bill was referred to the Committees on Energy and Commerce, Oversight and Government Reform, and the Judiciary.
  • H.R. 569 (Pascrell, D-N.J.) (CWA) would amend the CWA to authorize appropriations for sewer overflow control grants. 153 Cong. Rec. H759 (daily ed. Jan. 18, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 570 (Rogers, R-Mich.) (alternative fuel) would provide grants from moneys collected from violations of the corporate average fuel economy program to be used to expand infrastructure necessary to increase the availability of alternative fuels. 153 Cong. Rec. H759 (daily ed. Jan. 18, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H. Res. 12 (Bartlett, R-Md.) (energy) would express the sense of the House of Representatives that the United States, in collaboration with other international allies, should establish an energy project with the magnitude, creativity, and sense of urgency that was incorporated in the "Man on the Moon" project to address the inevitable challenges of "Peak Oil." 153 Cong. Rec. H120 (daily ed. Jan. 5, 2007). The resolution was referred to the Committee on Energy and Commerce.
  • H. Con. Res. 25 (Peterson, D-Minn.) (energy) would express the sense of Congress that it is the goal of the United States that, no later than January 1, 2025, the agricultural, forestry, and working land of the United States should provide from renewable resources not less than 25% of the total energy consumed in the United States and continue to produce safe, abundant, and affordable food, feed, and fiber. 153 Cong. Rec. H343 (daily ed. Jan. 10, 2007). The concurrent resolution was referred to the Committee on Agriculture and Committees on Energy and Commerce, and Natural Resources.

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 Indiana New Jersey California Iowa New York Colorado Maine North Carolina Delaware Massachusetts Oklahoma Florida Michigan Oregon Idaho Minnesota Tennessee Illinois Missouri Utah

ALASKA

Land Use:

  • The Department of Natural Resources is soliciting public comment on proposed amendments to regulations in Title 11 of the Alaska Administrative Code, dealing with forest practices in riparian areas in Region II (Southcentral Alaska). These amendments include regulations associated with a new stream classification system under the Alaska Forest Resources and Practices Act for Region II. The proposed regulations are the culmination of a three-year process of the Region II Science and Technical Committee, Implementation Group, and Board of Forestry. Other changes to Title 11 are proposed to create guidelines for winter roads and to clarify the regulations. Comments are due February 27, 2007. See http://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/f2ac4ab3e0752db2892572600064a7ed?OpenDocument

CALIFORNIA

Air:

  • The Air Resources Board will conduct a public hearing to consider amending its regulations for the state ambient air quality standard for nitrogen dioxide. The hearing will be held February 22-23, 2007. See http://www.oal.ca.gov/notice/1z-2007.pdf (p.12)

Hazardous and Solid Waste:

  • The California Environmental Protection Agency will conduct a public hearing to consider amending California Code of Regulations, title 27, division 1, subdivision 4, chapter 1, sections 15100-15620, Unified Program Administrative Cleanup Regulations, 45–Day Public Notice and Comment Period. These proposed regulations are administrative in nature and do not impose any new reporting requirements. The hearing will be held February 20, 2007. Comments are due February 19, 2007. See http://www.oal.ca.gov/notice/1z-2007.pdf (p.16)

COLORADO

Water:

DELAWARE

Air:

FLORIDA

Fisheries:

  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to 68B-4.009, Monofilament Line and Netting. The purpose of this proposed rule amendment is to close what has become an enforcement loophole for persons violating the Commission's netting rules. Recovery and disposal of monofilament netting is being used as a defense to rules prohibiting possession of monofilament gill or entangling nets and requiring direct transit for persons seeking to use such nets in federal waters where they are legal. The effect of these rule changes should be to improve enforcement of those net provisions and make prosecutions of net violations more successful. The hearing will be held February 7-8, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3301/3301DOC.pdf (p.76)

Land Use:

  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed new rule 68A-4.0071, Access Prohibited on Certain Areas. The proposed new rule would allow areas managed by the Commission to be temporarily closed by closure order because of public safety concern due to disasters, severe weather, severe weather forecasts, and/or severe effects of weather on the area. Closures would be limited to 14 days unless a longer closure is authorized by the Executive Director. These closures would be noticed to the public on the Fish and Wildlife Conservation website, in the media, and on in-the-field posting, as time allows. The hearing will be held February 7-8, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3301/3301DOC.pdf (p.34)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed rule 68A-9.007, Special-use Permits; Short-term Use Permits; Fees; Special-Opportunity Hunting and Fishing. The purpose of the proposed rule is to provide the flexibility for the Commission to negotiate private contracts through a competitive process and for vendors to provide specific concession services on Commission managed lands. The effect would be enhanced services to the public on public lands. The hearing will be held February 7-8, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3301/3301DOC.pdf (p.44)

Water:

  • The Department of Environmental Protection will hold a public hearing on the proposal to make Chapter 62-531, F.A.C., Water Well Contractor Licensing Requirements, consistent with recent amendments to Chapter 373, F.S., to address comments from the Joint Administrative Procedures Committee, and to add rule changes to strengthen the licensing requirements for and disciplinary actions against water well contractors. The hearing will be held February 2, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3301/3301DOC.pdf (p.23)

Wildlife:

  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to the following rules: 68A-6.0022, Possession of Class I, II, or III Wildlife in Captivity; Permit Requirements; 68A-6.003, Facility and Structural Caging Requirement for Class I, II and III Wildlife; 68A-6.004, Standard Caging Requirements for Captive Wildlife; 68A-6.007, Possession, Transportation, Exhibition, and Caging Venomous Reptiles and Reptiles of Concern, Prohibited Reptile Species; 68A-6.0071, Record Keeping and Reporting Requirements; and 68A-6.0072, Identification of Non-Native Venomous Reptiles and Reptiles of Concern, Escape. The amendments are intended to address the possession and housing of captive wildlife, venomous reptiles, and reptiles of concern. The hearing will be held February 7-8, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3301/3301DOC.pdf (p.34)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to rules 68A-15.061, 68A-15.062, 68A-15.063, 68A-15.064, and 68A-15.065 to adjust season dates revise area-specific regulations for Wildlife Management Areas in the Southwest, North Central, South, Northeast, and Northwest regions. The hearing will be held February 7-8, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3301/3301DOC.pdf (pp. 47-67)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to rule 68A-17.005, Specific Regulations for Wildlife and Environmental Areas. The proposed rule changes would adjust season dates to conform to calendar year changes and revise specific area regulations on Wildlife and Environmental Areas. The hearing will be held February 7-8, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3301/3301DOC.pdf (p.72)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on the proposed amendment and rule repeal 68A-25.002, General Provisions for Taking, Possession and Sale of Reptiles; and 68A-25.006, Possession, Exhibition, and Caging Venomous Reptiles: Prohibited Species. The purpose and effect of this proposed rule amendment and rule repeal is to consolidate regulations pertaining to the possession and housing of venomous reptiles in captivity with other regulations pertaining to wildlife in captivity found in Chapter 68A-6, F.A.C. The hearing will be held February 7-8, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3301/3301DOC.pdf (p.75)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to rules 68A-11.005, Use of Tracked Vehicles in the South Region; and 68A-11.0051, Tracked Vehicles Used for Recreational Purposes in South Region. The proposed rule changes would revise regulations for use of tracked vehicles in the South Region. The hearing will be held February 7-8, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3301/3301DOC.pdf (p.45)

IDAHO

Water:

ILLINOIS

Air:

Hazardous and Solid Waste:

  • The Pollution Control Board adopted amendments to 35 Ill. Adm. Code 702, RCRA and Underground Injection Control (UIC) Permit Programs; 35 Ill. Adm. Code 703, RCRA Permit Program; 35 Ill. Adm. Code 704, UIC Permit Program; 35 Ill. Adm. Code 705, Procedures for Permit Issuance; 35 Ill. Adm. Code 720, Hazardous Waste Management System: General; 35 Ill. Adm. Code 721, Identification and Listing of Hazardous Waste; 35 Ill. Adm. Code 722, Standards Applicable to Generators of Hazardous Waste; 35 Ill. Adm. Code 723, Standards Applicable to Transporters of Hazardous Waste; 35 Ill. Adm. Code 724, Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; 35 Ill. Adm. Code 725, Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities; 35 Ill. Adm. Code 726, Standards for the Management of Specific Hazardous Waste and Specific Types of Hazardous Waste Management Facilities; 35 Ill. Adm. Code 727, Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a RCRA Standardized Permit; 35 Ill. Adm. Code 728, Land Disposal Restrictions; 35 Ill. Adm. Code 730, Underground Injection Control Operating Requirements; 35 Ill. Adm. Code 733, Standards for Universal Waste Management; 35 Ill. Adm. Code 738, Hazardous Waste Injection Restrictions; 35 Ill. Adm. Code 739, Standards for the Management of Used Oil; 35 Ill. Adm. Code 810, Solid Waste Disposal: General Provisions; 35 Ill. Adm. Code 811, Standards for New Solid Waste Landfills; 35 Ill. Adm. Code 812, Information to be Submitted in a Permit Application; 35 Ill. Adm. Code 813, Procedural Requirements for Permitted Landfills; and 35 Ill. Adm. Code 814, Standards for Existing Landfills and Units. These amendments became effective December 20, 2006. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue2.pdf (various pages)

General:

INDIANA

Water:

IOWA

Hazardous and Solid Waste:

  • The Environmental Protection Commission is soliciting public comments on proposed amendments to Chapter 64, Wastewater Construction and Operation Permits, Iowa Administrative Code. The proposed amendment to subrule 64.2(10) revises and clarifies the criteria for sewer extension construction permit approval and denial provisions.  Comments are due January 26, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070103.htm
  • The Environmental Protection Commission is soliciting public comment on proposed amendments to Chapter 67, Standards for the Land Application of Sewage Sludge, Iowa Administrative Code. The primary purpose of these amendments is to adopt into the state’s administrative rules changes to the federal regulations that were amended as a result of U.S. EPA's reconsiderations of certain issues remanded by the U.S. Court of Appeals for additional justification or modification.  These amendments delete the current land application pollutant limit for chromium and change the land application pollutant concentration limits for selenium and molybdenum.  These amendments also change an adoption by reference date and update an address. Comments are due January 26, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070103.htm
  • The Environmental Protection Commission is soliciting public comment on proposed amendments to Chapter 81, Operator Certification:  Public Water Supply Systems and Wastewater Treatment Systems, Iowa Administrative Code. The proposed amendment to subrule 81.7(3), paragraph “a,” will allow more operators the opportunity to qualify for the highest grade examination (Grade IV) through the substitution of experience.  Comments are due January 26, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070103.htm
  • The Environmental Protection Commission will hold a public hearing on proposed amendments to the Iowa Administrative Code: Chapter 103, Sanitary Landfills: Coal Combustion Residue; Chapter 104, Sanitary Disposal Projects with Processing Facilities; Chapter 105, Organic Materials Composting Facilities; Chapter 106, Citizen Convenience Centers and Transfer Stations; Chapter 112, Sanitary Landfills: Biosolids Monofills; Chapter 114, Sanitary Landfills: Construction and Demolition Wastes; Chapter 115, Sanitary Landfills: Industrial Monofills; Chapter 118, Discarded Appliance Demanufacturing; Chapter 120, Landfarming of Petroleum Contaminated Soil; Chapter 121, Land Application of Wastes; Chapter 122, Cathode Ray Tube Device Recycling; and Chapter 123, Regional Collection Centers and Mobile Unit Collection and Consolidation Centers. The hearing will be held March 28, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070103.htm

MAINE

Fisheries:

  • The Department of Marine Resources will hold a series of public hearings on proposed new rule 2006-P349, Chapter 8, Landings Program, ASMFC Eel & Elver Reporting Compliance. The proposed rule institutes trip level reporting of harvest by eel and elver harvesters. The hearings will be held January 22, 2007, and January 23, 2007. Comments are due February 1, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/010307.htm
  • The Department of Inland Fisheries & Wildlife has adopted Chapter 1- 1.01, Open Water Fishing Regulations, rule number: 2006-534. This body of rules is printed in its entirety in the 2007 Open Water Fishing Regulations Booklet and will be available from the Department as well as license agents. These rules become effective April 1, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/010307.htm
  • The Department of Inland Fisheries & Wildlife has adopted rule number 2006-535, Chapter 1-1.02, Ice Fishing Regulations. These rules become effective January 1, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/010307.htm

Water:

  • The Department of Environmental Protection has adopted amendments to Chapter 500, Stormwater Management Law, and Chapter 502, Lakes Most at Risk from New Development and Urban Impaired Streams, rule numbers 2006-530 and 531. The revision to Chapter 500 allows the Department to approve redevelopment projects that do not meet all of the new standards, provided there is not an increase in stormwater impacts leaving the site. In Chapter 502, several changes have been adopted to the list of Most at Risk Lakes with the addition of five lakes due to data showing an increased trophic state and the removal of one lake from the "severely blooming" category. One stream has also been removed from the Urban Impaired Stream list due to data showing that it is meeting its water quality classification. The amendments became effective December 27, 2006. See http://www.maine.gov/sos/cec/rules/notices/2007/010307.htm

MASSACHUSETTS

Air:

  • The Massachusetts Department of Environmental Protection will hold public hearings on a new proposed regulation, 310 CMR 7.32, Massachusetts Clean Air Interstate Rule (Mass CAIR), and on amendments to existing regulation 310 CMR 7.28, NOx Allowance Trading Program.  The purpose of the proposed rule and amendments is to meet requirements of the federal Clean Air Interstate Rule.  The hearings will be held February 8 and 9, 2007. Comments are due February 20, 2007. See http://www.mass.gov/dep/public/cairphn.htm
  • The Department of Environmental Protection will hold a public hearing on proposed amendments to 310 CMR 7.00, Boiler, Engine, Turbine, and Environmental Results Program. These amendments will be proposed as a revision to the Massachusetts SIP. The hearing will be held March 20-21, 2007. Comments are due March 23, 2007. See http://www.mass.gov/dep/public/blrphn.htm

Water:

  • The Department of Environmental Protection (DEP) will hold a public hearing on proposed revisions to 310 CMR 44.00,  Regulations on DEP Selection and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund. The hearing will be held February 14, 2007. Comments are due February 24, 2007. See http://www.mass.gov/dep/water/laws/srfrev.htm

MICHIGAN

Air:

  • The Department of Environmental Quality, Air Quality Division, has filed the following administrative rules with the Secretary of State: R 336.2801, R 336.2801a, R 336.2802, R 336.2803, R 336.2804, R 336.2805, R 336.2806, R 336.2807, R 336.2808, R 336.2809, R 336.2810, R 336.2811, R 336.2812, R 336.2813, R 336.2814, R 336.2815, R 336.2816, R 336.2817, R 336.2818, R 336.2819, R 336.2823, and R 336.2830. These rules pertain to the prevention of significant deterioration of air quality. These rules became effective December 4, 2006. See http://www.michigan.gov/documents/cis/MR23_010107_182175_7.pdf (p.2)

Toxic Substances:

  • The Department of Agriculture, Pesticide and Plant Pest Management Division, has adopted Regulation No. 541, Commercial Fertilizer Bulk Storage. This rule was filed with the Secretary of State on December 19, 2006, and became effective immediately thereafter. See http://www.michigan.gov/documents/cis/MR24_011507_183289_7.pdf (p.2)

General:

  • The Department of Environmental Quality has filed the following administrative rules with the Secretary of State on December 11, 2006: R 324.1401 through R324.1422. These rules pertain to the voluntary environmental laboratory recognition program and became effective immediately upon filing with the Secretary of State. See http://www.michigan.gov/documents/cis/MR23_010107_182175_7.pdf (p.34)

MINNESOTA

Wildlife:

  • The Department of Natural Resources, Division of Ecological Services, is soliciting public comments on proposed amendments to and repeal of Rules Governing Minnesota’s List of Endangered, Threatened, and Special Concern Species, Minnesota Rules, Chapter 6134. Comments are due March 5, 2007. See http://www.comm.media.state.mn.us/bookstore/stateregister/31_27.pdf (p.868)

MISSOURI

Air:

  • The Department of Natural Resources will hold a public hearing on proposed amendments to 10 CSR 10-2.070,10 CSR 10-3.090, 10 CSR 10-4.070, all pertaining to the restriction of emission of odors, and 10 CSR 10-5.160, pertaining to the control of odors in the ambient air. The hearing will be held February 1, 2007. See http://www.sos.mo.gov/adrules/moreg/current/2007/v32n1/v32n1b.pdf (p.39)

Hazardous and Solid Waste:

Toxic Substances:

  • The Department of Natural Resources is soliciting public comments on proposed amendments to 10 CSR 100-2.010, Petroleum Storage Tank Insurance Fund Board of Trustees, Definitions; 10 CSR 100-4.010, Participation Requirements for USTs; 10 CSR 100-4.020, Participation Requirements for Aboveground Storage Tanks; and 10 CSR 100-5.010, Claims for Cleanup Costs. See http://www.sos.mo.gov/adrules/moreg/current/2007/v32n1/v32n1b.pdf (p.42-45)

NEW JERSEY

Fisheries:

  • The Department of Environmental Protection, Division of Fish and Wildlife, will hold a series of public hearings on proposed amendments to N.J.A.C. 7:25-14.2, 14.4, 14.16, 14.19, 14.20, 18.1, 18.5, 18.12, 18.13, 18.14, and 22.3. These amendments relate to marine fisheries, fishery management, and crab and lobster management in New Jersey. The hearing will be held March 1, 2007. Comments are due March 17, 2007. See http://www.nj.gov/dep/rules/proposals/011607a.pdf

NEW YORK

Air:

  • The Department of Environmental Conservation has adopted ENV-36-06-00011-A, Mercury Reduction Program for Coal, Fired Electric Utility Steam Generating Units. The amendments reduce the emission and deposition of mercury pollution from the burning of coal in electric utility steam generating units. The amendment becomes effective January 28, 2007. See http://www.ncoah.com/rules/register/Volume21Issue13January22007web.pdf (p.1130)

NORTH CAROLINA

Wildlife:

  • The North Carolina Wildlife Resources Commission will hold a public hearing on the following rulemaking activities: 15A NCAC 10B .0304 is being considered for adoption to improve the trap used for capturing certain species; 15A NCAC 10F .0102 through .0107 and .0109 are being rewritten to update their provisions with recent legislation and current practice for titling boats in North Carolina [S.L. 2006–185]; 15A NCAC 10F .0110 is being adopted to implement provisions of recent legislation[S.L. 2006-185]; and 15A NCAC 10G .0401 through .0405 are being rewritten, adopted, and repealed to update the contract provisions and other terms of operation for wildlife service agents. The hearing will be held February 5, 2007. Comments are due March 5, 2007. See http://www.ncoah.com/rules/register/Volume21Issue13January22007web.pdf (p.1130)

General:

  • The Department of Environment and Natural Resources will hold a public hearing on the proposal to adopt the rule cited as 15A NCAC 11.1106 and to amend the rules cited as 15A NCAC 11 .1102, .1104, .1105, and .1423. The proposed changes are designed to restructure the annual fees assessed radioactive material and accelerator licensees to cover the anticipated costs of inspection, education, and training activities associated with possession of such licenses in the current post-September 11 risk-based environment, and current sensitivity of all radioactive material and high radiation producing accelerators. The hearing will be held February 7, 2007. Comments are due March 19, 2007. See http://www.ncoah.com/rules/register/Volume21Issue14January162007-Web.pdf (p.1263)

OKLAHOMA

Water:

  • The Water Resources Board will hold a public hearing on proposed amendments to 785:5-1-11, Well driller and pump installer licensing fees. The proposed amendments to the fee rule would increase the application and license fees. Comments are due February 5, 2007. The hearing will be held February 5, 2007. See http://www.oar.state.ok.us/register/Volume-24_Issue-08.htm
  • The Water Resources Board will hold a public hearing on proposed amendments to 785:20-5-5 and 785:20-11-1, Appropriation and use of stream water. The proposed amendments would clarify how the Board makes preliminary determinations as to water availability for direct diversions and for diversions from reservoirs. See http://www.oar.state.ok.us/register/Volume-24_Issue-08.htm
  • The Water Resources Board will hold a public hearing on proposed amendments to 785:30-1-4, Requirement for water right. The proposed amendments would clarify how to calculate the amount of groundwater that should be subject of an application with a proposed purpose of sand and gravel mining. The hearing will be held February 5, 2007. See http://www.oar.state.ok.us/register/Volume-24_Issue-08.htm
  • The Water Resources Board will hold a public hearing on proposed amendments to 785:35-11-1, Plugging and capping requirements for groundwater wells, fresh water observation wells, heat exchange wells, and water well test holes. The proposed amendments would clarify when test holes need to be plugged. The hearing will be held February 5, 2007. Comments are due February 5, 2007. Seehttp://www.oar.state.ok.us/register/Volume-24_Issue-08.htm
  • The Water Resources Board will hold a public hearing on proposed amendments to 785:50-7-3, 785:50-7-5, and 785:50-8-5, relating to financial assistance. The proposed amendments would clarify language about funding grant application, provide that a category 1 or 2 in the priority point system could include new construction to serve citizens with inadequate domestic use, delete language from the category 3 emergency about new service for domestic use, and provide that 20 points will be subtracted from a Rural Economic Action Plan (REAP) application if a previous REAP grant remains unaudited through August 31 of the year. See http://www.oar.state.ok.us/register/Volume-24_Issue-08.htm
  • The Water Resources Board will hold a public hearing on proposed amendments to 785:55-7-3, 785:55-7-5, 785:55-7-7, and 785:55-7-9, Development on state owned or operated property within floodplains and floodplain administrator accreditation. The hearing will be held February 5, 2007. See http://www.oar.state.ok.us/register/Volume-24_Issue-08.htm
  • The Department of Agriculture, Food, and Forestry will hold a public hearing on proposed amendments to rules 35:17-3-2 , 35:17-3-6, 35:17-3-7, 35:17-3-9, and 35:17-3-11, Concentrated Animal Feeding Operations, Water Quality. These rules incorporate the changes made during the 2006 legislative session in House Bills 2604, 2646, and 3015 to the Oklahoma Concentrated Animal Feeding Operations Act. The hearing will be held February 16, 2007. See http://www.oar.state.ok.us/register/Volume-24_Issue-09.htm

General:

OREGON

Fisheries:

  • The Department of Fish and Wildlife will hold a public hearing on proposed amendments to Rules in 635-023, -041, and -042 and proposed adoptions of new rules in 635-023, -041, and -042. The Columbia River Compact Agencies of Oregon and Washington will meet jointly to consider amendment of rules related to: (1) commercial fishing in the Columbia River below Bonneville Dam and select areas; (2) treaty Indian commercial, subsistence and ceremonial fishing in the Columbia River above Bonneville Dam; and (3) sport fishing in the main-stem Columbia River. The hearing will be held February 9, 2007. Comments are due February 9, 2007. See http://arcweb.sos.state.or.us/rules/0107_Bulletin/0107_rulemaking_bulletin.html
  • The Department of Fish and Wildlife will hold a public hearing on proposed amendments to Rules in 635-005 and -039, proposed adoptions to Rules in 635-005 and -039, and proposed repeals of Rules in 635-005 and -039. The proposed revisions would establish requirements that would standardize harvest methods for the commercial and recreational razor clam fishery by prohibiting the use of the clam gun/tube for commercial harvest methods; define the minimum diameter of a recreational clam gun/tube; and define the proper method for the release of sub-legal clams in the commercial fishery by establishing language for the immediate return and placement back to the sand. The hearing will be held February 9, 2007. See http://arcweb.sos.state.or.us/rules/0107_Bulletin/0107_rulemaking_bulletin.html
  • The Department of Fish and Wildlife will hold a public hearing on proposed amendments to Rules in 635-005 and -006, proposed adoptions to Rules in 635-005 and -006, and proposed repeal of Rules in 635-005 and -006. The revisions would establish a gear limitation program for all vessels fishing off Oregon in the commercial ocean Dungeness crab fishery. The program may include provisions for permits, licenses, gear requirements and restrictions, fishing area restrictions, cost recovery, reporting requirements, and a process for appeals before the Crab Fishery Permit Review Board. The hearing will be held February 9, 2007. See http://arcweb.sos.state.or.us/rules/0107_Bulletin/0107_rulemaking_bulletin.html

TENNESSEE

Wildlife:

  • The Tennessee Wildlife Resources Commission will hold a public hearing to consider the promulgation of rules, amendments of rules, or repeals of rules pursuant to the following: Chapter 1660-1-8, Rules and Regulations of Hunts; Chapter 1660-2-3, Rules and Regulations Governing Classification Of Vessels and Equipment and Lights Required; Chapter 1660-2-12, Rules and Regulations for Boating Education; and Substance of Proposed Rules Chapter 1660-1-1, Rules and Regulations for Tennessee Wildlife Resources Agency Managed Access Areas. The hearing will be held February 22, 2007. See http://www.tn.gov/sos/rules_hearingnotices/2006/1660/1660.20061220.12-24-06.notice.pdf

UTAH

Toxic Substances:

  • The Department of Environmental Quality is soliciting public comment on the following proposed amendments: R313-25, License Requirements for Land Disposal of Radioactive Waste - General Provisions; R313-26, Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities; R313-28, Use of X-Rays in the Healing Arts; R313-36,  Special Requirements for Industrial Radiographic Operations; and R313-70, Payments, Categories, and Types of Fees. Comments are due January 31, 2007. See http://www.rules.utah.gov/publicat/bulletin/2007/20070101/content.htm

Water:

  • The Department of Environmental Quality will hold a public hearing on proposed new rule R317-12, Tax Exemption for Water Pollution Control Equipment. The hearing will be held February 14, 2007. Currently, the rule used by the Division of Water Quality to implement tax exemption for water pollution control activities resides in Rule R307-102, a Division of Air Quality Rule. This proposed new rule would establish a stand-alone rule for the Division of Water Quality. Comments are due January 31, 2007. See http://www.rules.utah.gov/publicat/bulletin/2007/20070101/29326.htm
  • The Department of Environmental Quality will hold a public hearing on the following proposed amendments: R309-100,  Administration: Drinking Water Program; R309-105, Administration: General Responsibilities of Public Water Systems; R309-110, Administration: Definitions; R309-150, Water System Rating Criteria; R309-200, Monitoring and Water Quality: Drinking Water Standards; R309-210, Monitoring and Water Quality: Distribution System Monitoring Requirements; R309-215, Monitoring and Water Quality: Treatment Plant Monitoring Requirements; R309-220, Monitoring and Water Quality: Public Notification Requirements; and R309-225, Monitoring and Water Quality: Consumer Confidence Reports. The hearing will be held February 14, 2007. See http://www.rules.utah.gov/publicat/bulletin/2007/20070115/content.htm

General:

  • The Department of Environmental Quality is soliciting public comment on proposed amendment to R307-120, General Requirements: Tax Exemption for Air and Water Pollution Control Equipment. The amendment removes references to water pollution control equipment and the Water Quality Board because the Water Quality Board has proposed its own rule to address these issues. Comments are due January 31, 2007. See http://www.rules.utah.gov/publicat/bulletin/2007/20070101/29327.htm

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

INTERNATIONAL

ASIAN STATES SIGN ENERGY DEAL

Leaders from 16 South East Asian nations, including Australia, China, India, Japan, New Zealand, and South Korea, signed an agreement at an East Asian summit to promote energy security and find alternatives to conventional fuels. While the agreement does not set targets for restricting greenhouse emissions, it does call for extra investment in eco-friendly fuels. Correspondents say the 16 nations that signed the agreement are attempting to decrease their dependence on oil from the Middle East. See http://news.bbc.co.uk/2/hi/business/6261875.stm?ls

MEDITERRANEAN COUNTRIES APPROVE PROTECTIVE MEASURES FOR FISHERIES

The United Nations Food and Agriculture Organization (FAO) announced that 24 nations have vowed to address dwindling fish stocks in the Mediterranean. Countries participating in a meeting of a fisheries commission at the FAO's Rome headquarters have also agreed "to share information about their fishing fleets, allowing experts to monitor the industry's impact." In addition, the commission's members have agreed to use new, more selective nets in bottom trawls that are designed to allow young fish to escape capture and eventually breed. The species that promise to benefit the most include red mullet and hake. The commission also approved a recovery plan for the threatened blue fin tuna. See http://www.enn.com/today.html?id=12038

ISRAEL PARTNERS WITH U.N. ON ENVIRONMENTAL PROTECTION IN AFRICA AND ASIA

Israel has signed an agreement with the United Nations Environmental Program (UNEP) to assist with the implementation of the "Bali Strategic Plan for Technology Support and Capacity Building." UNEP has asked Israel "to assist in water resources management, water scarcity, sanitation, waste management, food security and agriculture, management of dry lands, desertification and land degradation." The projects will be lead by MASHAV, the Center for International Cooperation in Israel's Ministry of Foreign Affairs. See http://www.israeltoday.co.il/default.aspx?tabid=178&nid=11183

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

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