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Weekly Update Volume 37, Issue 22

08/06/2007

LITIGATION

WETLANDS, SWAMPBUSTER, EXHAUSTION:

The Eighth Circuit upheld a USDA ruling that a farmer was ineligible to receive certain USDA benefits because he converted wetlands for agricultural use in violation of the Food Security Act of 1985, commonly referred to as "Swampbuster." The lower court properly determined that it need not address arguments that the farmer failed to present to the agency. To properly exhaust administrative remedies related to a wetlands violation determination by the USDA, a landowner must specifically raise before the agency all of the issues he or she attempts to raise in federal court. In addition, it is undisputed that the farmer removed woody vegetation and subsequently farmed land that had not been shown to be otherwise degraded. Consequently, the lower court did not err in affirming the USDA's decision. Ballanger v. Johanns, No. 06-3889, 37 ELR 20194 (8th Cir. Aug. 1, 2007) (12 pp.).

ALASKA, NATURAL GAS PIPELINE:

The D.C. Circuit denied petitions to review two FERC regulations concerning the project design and capacity expansion of Alaska natural gas transportation projects. The petitioner wants to construct a natural gas pipeline from the North Slope of Alaska to the contiguous United States and is concerned that the regulations--18 C.F.R. §§157.37 and 157.36--will result in delay and hardship. Specifically, the petitioner argued that the regulations violate the Alaska Natural Gas Pipeline Act and the Natural Gas Act. Yet neither regulation is facially invalid. Section 157.37, by its terms, does not assert authority to condition approval of a proposal to build an Alaska pipeline upon an increase in capacity above that proposed by the project's sponsor. And §157.36 merely authorizes FERC to condition approval of a voluntarily proposed expansion upon a different allocation of the added capacity, not upon an increase in that capacity. Exxon Mobil Corp. v. Federal Energy Regulatory Commission, No. 05-1299, 37 ELR 20195 (D.C. Cir. July 27, 2007) (12 pp.).

MINING, BOND AND INSURANCE REQUIREMENTS:

The Third Circuit held that a lower court erred in sustaining OSM's decisions to terminate a program deficiency notice issued to Pennsylvania as well as a required amendment in connection with the commonwealth's surface coal mining and reclamation program. The program deficiency notice, issued under 30 CFR §732.17, and the amendment, codified at 30 CFR §938.16(h), both directed Pennsylvania to comply with 30 CFR §800.11(e), which sets forth the requirements for bond and insurance requirements for regulatory surface coal mining and reclamation operations. OSM's decision to terminate the notice and amendment was inconsistent with its own regulations and regulatory obligations. Pennsylvania Federation of Sportsmen's Clubs, Inc. v. Kempthorne, No. 06-1780, 37 ELR 20197 (3d Cir. Aug. 2, 2007) (39 pp.).

NEPA, EIS:

A district court held that the Corps' final supplemental EIS (FSEIS), designed to avoid jeopardy to the endangered Cape Sable seaside sparrow in the Everglades National Park in connection with a water and flood control project in southern Florida, complies with NEPA. In 2002, various environmental groups and other interested parties challenged, among other things, the Corps' 2002 EIS for the project. The court ordered the Corps to supplement the EIS. The parties now challenge the adequacy of the FSEIS. The FSEIS' alternatives analysis is sufficient even though it refers back to the original 2002 EIS. The FSEIS also uses the proper "No Action Alternative" since the Corps was required to compare the recommended plan to the current operating plan. And the FSEIS sufficiently analyzes cumulative impacts and new water control structures. As this was the last remaining issue in the litigation, the case was closed. Miccosukee Tribe of Indians v. United States, No. 02-22778, 37 ELR 20196 (S.D. Fla. July 30, 2007) (Moore, J.) (5 pp.).

INSURANCE, POLLUTION EXCLUSION:

A district court held that an insurance company has no duty to defend or indemnify a metal scrap company for any liability it incurs in connection with the Omaha Lead Superfund site. The insurance policy contains a pollution exclusion clause, but the exclusion does not apply to discharges that are sudden and accidental. Under Nebraska law, the burden rests with the insurer to establish the initial applicability of the pollution exclusion by showing the discharge or release of a pollutant into the environment. But the burden then shifts to the insured to show that the "sudden and accidental" exception to that exclusion is applicable. Here, the company presented no evidence tending to show that the release of hazardous substances at the site was sudden and accidental. The insurer, therefore, is entitled to the entry of summary judgment. Bituminous Casualty Corp. v. Aaron Ferer & Sons Co., No. 4:06CV3128, 37 ELR 20199 (D. Neb. July 16, 2007) (Kopf, J.) (3 pp.).

JOINDER, REMEDIATION COSTS:

A district court held that a plaintiff's failure to join a city in its action against intermediate owners of a cast aluminum manufacturing facility did not warrant dismissal of the case. Upon learning of environmental contamination of the facility, the city acquired the facility and ordered the past owners to remediate the site. The plaintiff, the past owner of the facility, sought a declaratory judgment that it was not liable to the intermediate owners for the costs of remediating environmental contamination at the site. The former owner also claimed it was entitled to indemnification from one of the intermediate owners should it be found liable to the most recent owner. That intermediate owner filed a motion to dismiss, arguing that the city was a necessary and indispensable party. But the nature of the action is contractual and does not necessitate joinder of the city. Nor does the city's dual role as regulator and private-party owner necessitate joinder. The former owner's motion to dismiss was therefore denied. Alcoa, Inc. v. Alcan, Inc., No. 06-451-SLR, 37 ELR 20198 (D. Del. July 17, 2007) (Robinson, J.) (6 pp.).

CWA, DREDGE AND FILL, FARM ROAD EXEMPTION:

The EPA Environmental Appeals Board reversed and remanded an administrative law judge's (ALJ's) dismissal of an EPA Region 10 enforcement action initiated against a rancher for engaging in dredge and fill activities without a CWA permit. The ALJ concluded that the farm road exemption set forth in CWA §404(f)(l)(E) was a jurisdictional defense that applied to the project. Contrary to the ALJ's decision, the farm road exemption is not a jurisdictional defense. Rather, it is an affirmative defense to an allegation of a §404 violation. The burden of proving the application of the farm road exemption therefore lies with its proponent. Here, it is unclear from the record whether the ALJ properly applied the burden of proof and whether the rancher satisfied that burden. In addition, the rancher's late assertion of the farm road exemption prejudiced the Region's ability to prepare its rebuttal to the defense. And the ALJ's decision to allow the assertion of the defense without delaying the hearing to allow the Region the time necessary to elicit and adduce the pertinent facts to support its rebuttal was an abuse of discretion. In re Adams, CWA Appeal No. 06-06, 37 ELR 41311 (EPA EAB June 29, 2007) (29 pp.).

CAA, ASBESTOS NESHAPS, PENALTY ASSESSMENT:

The EPA Environmental Appeals Board overturned an administrative law judge's (ALJ's) assessment of civil penalties against a city and two companies for violating asbestos NESHAPs during the demolition of a steam heat plant. The ALJ erred in assessing a penalty for the violations that was lower than the proposed penalty, which was derived from Agency penalty policies. Both the General CAA Penalty Policy and the Asbestos Penalty Policy set forth proposed penalty amounts that are specifically intended to yield a penalty figure for the case as a whole. Here, the reduced penalty resulted from the ALJ's decision to allocate the penalty among the city and companies rather than to assess a joint penalty. The relevant penalty policies explain that civil violations of the CAA are strict liability violations and the government's interest is in recovering an appropriate penalty based on the facts of the violation, not based on the relative fault of the individual defendants. The guidance further provides that, in cases involving multiple violators, the violators can "allocate among themselves as they wish." Thus, the ALJ's allocation contravened relevant penalty policies without adequate reason. And in the interest of resolving this case expeditiously, the Board assessed a total penalty of $34,100. In re City of Wilkes-Barre, CAA Appeal No. 06-03, 37 ELR 41312 (EPA EAB July 11, 2007) (36 pp.).

RCRA, RECLAIMED MATERIAL:

An EPA administrative law judge (ALJ) assessed a $49,750 civil penalty against the owner and operator of a hazardous waste facility for storing baghouse dust, zinc ash, and zinc skimmings without a permit in violation of RCRA. The ALJ, however, dismissed count two of EPA's complaint in which the Agency alleged that spent stripping acid was a hazardous waste under RCRA. Because the spent stripping acid is recycled and used as an ingredient in the facility's manufacture of zinc ammonium chloride, it is not "reclaimed," and thus, not a hazardous waste. In addition, the ALJ reduced EPA's proposed penalty assessment of $162,371 to $49,750 based on the 1990 RCRA Civil Penalty Policy. In re Zaclon, LLC, RCRA No. 05-2004-0019, 37 ELR 47887 (EPA ALJ June 4, 2007) (48 pp.).

INSURANCE, POLLUTION EXCLUSION:

A Georgia appellate court held that a trial court erred in holding that an individual's claim of carbon monoxide poisoning against her landlord was not excluded from coverage under the landlord's commercial general liability policy. The policy at issue excludes coverage for damages resulting from the "discharge, dispersal, seepage, migration, release or escape of pollutants" defined as "any solid, liquid, gaseous or thermal irritant or contaminant," including "fumes." There is no dispute that carbon monoxide is a fume and a gaseous irritant or contaminant. Consequently, it falls within the policy exclusion. The court, therefore, reversed the trial court's denial of the insurance company's motion for summary judgment. Auto-Owners Insurance Co. v. Reed, No. A07A0338, 37 ELR 20200 (Ga. Ct. App. July 16, 2007) (8 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:

  • SIP Approvals: Arizona (emissions of particulate matter with a diameter of 10 microns or less from fugitive dust) 72 FR 41896 (8/1/07). Arizona and Nevada (interstate transport of pollution) 72 FR 41629 (7/31/07). California (nitrogen oxides (NOx) emissions from boilers, process heaters, steam generators, and glass melting furnaces) 72 FR 41894 (8/1/07). Indiana (control of particulate matter (PM)) 72 FR 41450 (7/30/07). Iowa (sulfur dioxide (SO2) NAAQS maintenance) 72 FR 41900 (8/1/07). Maryland (clarification of visible emissions exceptions) 72 FR 41891 (8/1/07). Kentucky (eight-hour ozone NAAQS redesignation request, maintenance plan, motor vehicle emission budgets (MVEBs) for NOx and volatile organic compounds). 72 43172 (8/3/07). Michigan (rule revisions to Part 6 and Part 10) 72 FR 43169 (8/3/07). New Jersey (NOx control from stationary industrial sources) 72 FR 41626 (7/31/07). Pennsylvania (eight-hour ozone NAAQS redesignation request, maintenance plan, 2002 base year inventory, and MVEBs for the Altoona area) 72 FR 41906 (8/1/07); (eight-hour ozone NAAQS redesignation request, maintenance plan, 2002 base year inventory, and MVEBs for the Cambria area) 72 FR 41903 (8/1/07). Texas (clean air interstate rule (CAIR) NOx annual trading program) 72 FR 41453 (7/30/07).
  • SIP Proposals: Arizona and Nevada (interstate transport of pollution; see above for direct final rule) 72 FR 41657 (7/31/07). California (NOx emissions from boilers, process heaters, steam generators, and glass melting furnaces; see above for direct final rule) 72 FR 41975 (8/1/07). Florida (CAIR) 72 FR 42344 (8/2/07). Georgia (eight-hour ozone NAAQS redesignation request, maintenance plan, and MVEBs) 72 FR 42354 (8/2/07); (CAIR) 72 FR 42349 (8/2/07). Indiana (control of PM; see above for direct final rule) 72 FR 41490 (7/30/07); (eight-hour ozone NAAQS redesignation request, ozone maintenance plan, and MVEBs) 72 FR 41658 (7/31/07). Iowa (SO2 NAAQS maintenance; see above for direct final rule) 72 FR 41975 (8/1/07). Massachusetts (CAIR) 72 FR 41970 (8/1/07). Michigan (rule revisions to Part 6 and Part 10; see above for direct final rule) 72 FR 43215 (8/3/07). Texas (CAIR NOx annual trading program; see above for direct final rule) 72 FR 41490 (7/30/07). Wisconsin (CAIR and appendices to CAIR federal implementation plan trading rules) 72 FR 41669 (7/31/07).
  • SIP Withdrawal: California (solid fuel fired boilers, steam generators, and process heaters) 72 FR 41450 (7/30/07).

NATIONAL FORESTS:

  • The National Park Service and the Secretary of the Interior announced the establishment of the Big Cypress National Preserve Off-Road Vehicle Advisory Committee, which will offer recommendations, alternatives, and possible solutions to management of off-road vehicles at the national preserve. 72 FR 42108 (8/1/07).

WATER:

  • EPA announced the availability of two draft NPDES general permits for log transfer facilities operating in Alaska. 72 FR 41752 (7/31/07).

WILDLIFE:

  • FWS and the Secretary of the Interior announced the establishment of the Rocky Flats National Wildlife Refuge in Colorado; the refuge, approximately 3,950 acres in size, was formerly the Rocky Flats Environmental Technology Superfund site. 72 FR 43293 (8/3/07) .
  • FWS proposed to designate critical habitat along streams in Kinney and Val Verde counties, Texas, for the Devils River minnow. 72 FR 41679 (7/31/07).
  • FWS announced the availability of the final recovery plan for the endangered vermilion darter. 72 FR 42426 (8/2/07).
  • FWS announced the availability of a draft comprehensive conservation plan and EA for the Laramie Plains national wildlife refuges in Wyoming. 72 FR 42103 (8/1/07).
  • NOAA-Fisheries announced an observer requirement for certain fishing vessels so that fisheries can learn more about sea turtle interactions with fishing operations, evaluate existing measures to reduce sea turtle takes, and determine whether additional measures to address prohibited sea turtle takes may be necessary. 72 FR 43176 (8/3/07).
  • NOAA-Fisheries announced temporary restrictions for lobster trap/pot and anchored gillnet fishermen in an area southeast of Chatham, Massachusetts, to protect an aggregation of northern right whales. 72 FR 43186 (8/3/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Alaska Sutherlin Knolls, No. 07-1084 AS (D. Or. July 27, 2007). A settling CWA defendant who discharged pollutants into waters of the United States must pay a civil penalty, must restore impacted areas, and must perform mitigation. 72 FR 43296 (8/3/07).
  • United States v. Alcan Aluminum Corp., No. 03-765 (N.D.N.Y. July 11, 2007). A settling CERCLA defendant must pay $2,011,832 in response costs incurred at the Quanta Resources Superfund site in Syracuse, New York. 72 FR 42112 (8/1/07).
  • United States v. Commonwealth Edison Co., No. 07-CV-03799 (N.D. Ill. July 26, 2007). Settling CERCLA defendants must pay $3.014 million in response costs incurred in connection with a removal action in 2002 at the Johns Manville Superfund site in Waukegan, Illinois. 72 FR 42112 (8/1/07).
  • United States v. Delavan, Inc., No. 07-331 (S.D. Iowa July 25, 2007). A settling CERLCA defendant must perform clean up of groundwater contamination at a cost of approximately $500,000 and must reimburse the United States for its future costs to resolve claims related to the Southern Plume of the Railroad Avenue Superfund site in West Des Moines, Iowa. 72 FR 42113 (8/1/07).
  • United States v. El Paso Natural Gas Co. No. 1:07-cv-715 (D.N.M. July 26, 2007). A settling Pipeline Safety Act defendant must pay a $15.5 million penalty; must implement injunctive relief on its 10,000 miles of pipeline system, valued to cost at least $86 million; must modify its pipelines to enable in-line inspection tools to be used on its system; must conduct sampling, monitoring, and inspections on its system; and must provide training for its corrosion control specialists and corrosion engineers. 72 FR 42113 (8/1/07).
  • United States v. Kenrock, Inc., No. 3:05-CV-0057 AS (N.D. Ind. July 23, 2007). Settling CWA defendants who filled wetlands without a permit must restore the impacted areas and pay a civil penalty. 72 FR 42114 (8/1/07).
  • United States v. Texmo Oil Co. Jobbers, Inc., No. 2:07-cv-01401-DKD (D. Ariz. July 20, 2007). A settling Oil Pollution Act defendant must pay $1,217,382.91 to resolve claims relating to a spill of approximately 7,700 gallons of diesel fuel into the Bill Williams River National Wildlife Refuge in Arizona. 72 FR 42114 (8/1/07).

GUIDANCE DOCUMENTS:

  • EPA, for the purpose of pre-dissemination peer review, announced the availability of a draft document entitled, EPA's 2007 Report on the Environment: Highlights of National Trends. 72 FR 43272 (8/3/07).
  • EPA announced the availability of a document prepared by EPA and Canada's Management Regulatory Agency, Statistical Basis of the NAFTA Method for Calculating Pesticide Maximum Residue Limits From Field Trial Data, for public comment.72 FR 42081 (8/1/07).
  • EPA announced that it withdrew the revised version of the pesticide science policy document entitled Standard Operating Procedures for Incorporating Screening-Level Estimates of Drinking Water Exposure Into Aggregate Risk Assessments; the Agency's assessment of exposure to pesticide residues in drinking water no longer involves the performance of screening level assessments as described in the policy paper. 72 FR 42082 (8/1/07).

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

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

CHAMBER ACTION:

  • S. 375 (Native Americans), which would waive application of the Indian Self-Determination and Education Assistance Act to a specific parcel of real property transferred by the United States to two Indian tribes in the state of Oregon, was passed by the House, clearing the measure for the President. 153 Cong. Rec. H8829 (daily ed. July 30, 2007).
  • H.R. 31 (Elsinore Valley Municipal Water District Wastewater and Recycled Water Facilities Act of 2007), which 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, was passed by the House. 153 Cong. Rec. H8829 (daily ed. July 30, 2007).
  • H.R. 673 (Cocopah Lands Act), which would direct the Secretary of the Interior to take lands in Yuma County, Arizona, into trust as part of the reservation of the Cocopah Indian Tribe, was passed by the House. 153 Cong. Rec. H8825 (daily ed. July 30, 2007).
  • H.R. 986 (Eightmile Wild and Scenic River Act), which would amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the state of Connecticut as components of the National Wild and Scenic Rivers System, was passed by the House. 153 Cong. Rec. H9223 (daily ed. July 31, 2007).
  • H.R. 1696 (Native Americans), which would amend the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act to allow the Ysleta del Sur Pueblo tribe to determine blood quantum requirement for membership in that tribe, was passed by the House. 153 Cong. Rec. H8826 (daily ed. July 30, 2007).
  • H.R. 2120 (Native Americans), which would direct the Secretary of the Interior to proclaim as reservation for the benefit of the Sault Ste. Marie Tribe of Chippewa Indians a parcel of land now held in trust by the United States for that Indian tribe, was passed by the House. 153 Cong. Rec. H8826 (daily ed. July 30, 2007).
  • H.R. 2419 (Farm, Nutrition, and Bioenergy Act of 2007), which would provide for the continuation of agricultural programs through fiscal year 2012, was passed by the House. 153 Cong. Rec. H8747 (daily ed. July 27, 2007).
  • H.R. 2863 (Native Americans), which would authorize the Coquille Indian Tribe of the state of Oregon to convey land and interests in land owned by the tribe, was passed by the House. 153 Cong. Rec. H8827 (daily ed. July 30, 2007).
  • H.R. 2952 (Native Americans), which would authorize the Saginaw Chippewa Tribe of Indians of the state of Michigan to convey land and interests in land owned by the tribe, was passed by the House. 153 Cong. Rec. H8827 (daily ed. July 30, 2007).
  • H.R. 2963 (Native Americans), which would transfer certain land in Riverside County, California, and San Diego County, California, from the BLM to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians, was passed by the House. 153 Cong. Rec. H8828 (daily ed. July 30, 2007).
  • H.R. 3093 (Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008), which would make appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008, was passed by the House. 153 Cong. Rec. H8625 (daily ed. July 26, 2007).
  • H. Res. 16 (James River), which would recognize Virginia's James River as "America's Founding River," was passed by the House. 153 Cong. Rec. H8830 (daily ed. July 30, 2007).
  • H. Res. 551 (Hurricanes Katrina and Rita), which would acknowledge the progress made and yet to be made to rebuild the Gulf Coast region after Hurricanes Katrina and Rita, was passed by the House. 153 Cong. Rec. H8839 (daily ed. July 30, 2007).

COMMITTEE ACTION:

  • S. 375 (Native Americans) was reported by the Committee on Natural Resources. H. Rep. No. 110-276, 153 Cong. Rec. H9052 (daily ed. July 30, 2007). The bill would waive application of the Indian Self-Determination and Education Assistance Act to a specific parcel of real property transferred by the United States to two Indian tribes in the state of Oregon.
  • H.R. 673 (Native Americans) was reported by the Committee on Natural Resources. H. Rep. No. 110-271, 153 Cong. Rec. H9052 (daily ed. July 30, 2007). The bill would direct the Secretary of the Interior to take lands in Yuma County, Arizona, into trust as part of the reservation of the Cocopah Indian Tribe.
  • H.R. 1495 (Water Resources Development Act) was reported by the Committee of Conference. H. Rep. No. 110-280, 153 Cong. Rec. H9274 (daily ed. July 31, 2007). The bill would provide for the conservation and development of water and related resources and authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States.
  • H.R. 1696 (Native Americans) was reported by the Committee on Natural Resources. H. Rep. No. 110-272, 153 Cong. Rec. H9052 (daily ed. July 30, 2007). The bill would amend the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act to allow the Ysleta del Sur Pueblo tribe to determine blood quantum requirement for membership in that Tribe.
  • H.R. 2120 (Native Americans) was reported by the Committee on Natural Resources. H. Rep. No. 110-273, 153 Cong. Rec. H9052 (daily ed. July 30, 2007). The bill would direct the Secretary of the Interior to proclaim as reservation for the benefit of the Sault Ste. Marie Tribe of Chippewa Indians a parcel of land now held in trust by the United States for that Indian tribe.
  • H.R. 2863 (Native Americans) was reported by the Committee on Natural Resources. H. Rep. No. 110-274, 153 Cong. Rec. H9052 (daily ed. July 30, 2007). The bill would authorize the Coquille Indian Tribe of the state of Oregon to convey land and interests in land owned by the Tribe.
  • H.R. 2952 (Native Americans) was reported by the Committee on Natural Resources. H. Rep. No. 110-275, 153 Cong. Rec. H9052 (daily ed. July 30, 2007). The bill would authorize the Saginaw Chippewa Tribe of Indians of the state of Michigan to convey land and interests in land owned by the Tribe.
  • H. Res. 580 (Wild and Scenic Rivers Act) was reported by the Committee on Rules. H. Rep. No. 110-264, 153 Cong. Rec. H8819 (daily ed. July 27, 2007). The resolution would provide for consideration of the bill H.R. 986 to amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the state of Connecticut as components of the National Wild and Scenic Rivers System.
  • H. Res. 581 (appropriations) was reported by the Committee on Rules. The resolution would provide for consideration of the bill H.R. 3161 making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2008. H. Rep. No. 110-265, 153 Cong. Rec. H8819 (daily ed. July 27, 2007).
  • H. Res. 597 (Water Resources Development Act) was reported by the Committee on Rules. H. Rep. No. 110-288, 153 Cong. Rec. H9274 (daily ed. July 31, 2007). The resolution would provide for consideration of the conference report to accompany the bill H.R. 1495, the Water Resources Development Act of 2007.

BILLS INTRODUCED:

  • S. 1884 (Salazar, D-Colo.) (Farm Security and Rural Investment Act of 2002) would amend the Farm Security and Rural Investment Act of 2002 to reauthorize and improve agricultural energy programs. The bill was referred to the Committee on Agriculture, Nutrition, and Forestry. 153 Cong. Rec. S10149 (daily ed. July 26, 2007).
  • S. 1890 (Lott, R-Miss.) (National Flood Insurance Program) would allow individuals to opt-out of the National Flood Insurance Program. 153 Cong. Rec. S10149 (daily ed. July 26, 2007). The bill was referred to the Committee on Banking, Housing, and Urban Affairs.
  • S. 1897 (Vitter, R-La.) (hazard mitigation) would allow for expanded uses of funding allocated to Louisiana under the hazard mitigation program while preserving the goals of the program to reduce future damage from disasters through mitigation. 153 Cong. Rec. S10313 (daily ed. July 30, 2007). The bill was referred to the Committee on Homeland Security and Governmental Affairs.
  • S. 1900 (McCain, R-Ariz.) (environmental conflict) would authorize appropriations for the U.S. Institute for Environmental Conflict Resolution. 153 Cong. Rec. S10313 (daily ed. July 30, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1904 (Salazar, D-Colo.) (Farm Security and Rural Investment Act) would amend the Farm Security and Rural Investment Act of 2002 to ensure that only producers receive commodity program payments. 153 Cong. Rec. S10423 (daily ed. July 31, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 1911 (Clinton, D-N.Y.) (SDWA) would amend the SDWA to protect the health of susceptible populations, including pregnant women, infants, and children, by requiring a health advisory, drinking water standard, and reference concentration for trichloroethylene vapor intrusion. 153 Cong. Rec. S10604 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 1916 (Burr, R-N.C.) (chimpanzees) would amend the Public Health Service Act to modify the program for the sanctuary system for surplus chimpanzees by terminating the authority for the removal of chimpanzees from the system for research purposes. 153 Cong. Rec. S10604 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Health, Education, Labor, and Pensions.
  • S. 1917 (Crapo, R-Ida.) (radiation) would include Idaho and Montana as affected areas for purposes of making claims under the Radiation Exposure Compensation Act based on exposure to atmospheric nuclear testing. 153 Cong. Rec. S10604 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on the Judiciary.
  • S. 1929 (Kyl, R-Ariz.) (water) would authorize the Secretary of the Interior, acting through the Commissioner of Reclamation, to conduct a feasibility study of water augmentation alternatives in the Sierra Vista Subwatershed. 153 Cong. Rec. S10605 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1930 (Wyden, D-Or.) (logging) would amend the Lacey Act Amendments of 1981 to prevent illegal logging practices. 153 Cong. Rec. S10605 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 1931 (Tester, D-Mont.) (mining) would amend the Mineral Leasing Act to ensure that development of certain federal oil and gas resources will occur in a manner that protects water resources and respects the rights of surface owners. 153 Cong. Rec. S10605 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 1933 (Reid, D-Nev.) (SDWA) would amend the SDWA to provide grants to small public drinking water systems. 153 Cong. Rec. S10605 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Environment and Public Works.
  • H.R. 3207 (Boustany, R-La.) (energy) would provide mechanisms for developing and implementing a national energy security strategy for the United States. 153 Cong. Rec. H8820 (daily ed. July 27, 2007). The bill was referred to the Committees on Armed Services, Foreign Affairs, Intelligence, and Energy and Commerce.
  • H.R. 3220 (Pelosi, D-Cal.) (energy) would seek to move the United States toward greater energy independence and security by developing innovative new technologies, reducing carbon emissions, creating green jobs, protecting consumers, increasing clean renewable energy production, and modernizing our energy infrastructure. 153 Cong. Rec. H8833 (daily ed. July 30, 2007). The bill was referred to the Committees on Energy and Commerce, Education and Labor, Foreign Affairs, Small Business, Science and Technology, Agriculture, Oversight and Government Reform, Natural Resources, Transportation and Infrastructure, Armed Services, and Ways and Means.
  • H.R. 3221 (Pelosi, D-Cal.) (energy) would seek to move the United States toward greater energy independence and security by developing innovative new technologies, reducing carbon emissions, creating green jobs, protecting consumers, increasing clean renewable energy production, and modernizing our energy infrastructure. 153 Cong. Rec. H8834 (daily ed. July 30, 2007). The bill was referred to the Committees on Energy and Commerce, Education and Labor, Foreign Affairs, Small Business, Science and Technology, Agriculture, Oversight and Government Reform, Natural Resources, Transportation and Infrastructure, and Armed Services.
  • H.R. 3223 (Allen, D-Me.) (CZMA) would amend the CZMA to establish a grant program to ensure coastal access for commercial and recreational fishermen and other water-dependent coastal-related businesses. 153 Cong. Rec. H8834 (daily ed. July 30, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3224 (Salazar, D-Colo.) (National Dam Safety Program Act) 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. H8834 (daily ed. July 30, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 3226 (DeLauro, D-Conn.) (energy) would enable states to acquire hybrid motor vehicles to satisfy certain fleet acquisition requirements. 153 Cong. Rec. H8834 (daily ed. July 30, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 3227 (Hastings, R-Wash.) (fish) would direct the Secretary of the Interior to continue stocking fish in certain lakes in the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. 153 Cong. Rec. H8834 (daily ed. July 30, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3228 (Lowey, D-N.Y.) (NRC) would require the NRC to retain and redistribute certain amounts collected as fines. 153 Cong. Rec. H8834 (daily ed. July 30, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 3235 (Honda, D-Cal.) (nanotechnology) would ensure the development and responsible stewardship of nanotechnology. 153 Cong. Rec. H9274 (daily ed. July 31, 2007). The bill was referred to the Committees on Science and Technology, Ways and Means, Energy and Commerce, and Homeland Security.
  • H.R. 3236 (Boucher, D-Va.) (energy) would promote greater energy efficiency. 153 Cong. Rec. H9274 (daily ed. July 31, 2007).The bill was referred to the Committees on Energy and Commerce, Transportation and Infrastructure, and Oversight and Government Reform.
  • H.R. 3238 (Boucher, D-Va.) (renewable fuel) would promote the development of renewable fuels infrastructure. 153 Cong. Rec. H9274 (daily ed. July 31, 2007).The bill was referred to the Committees on Energy and Commerce, Science and Technology, Transportation and Infrastructure, and Oversight and Government Reform.
  • H.R. 3239 (Boucher, D-Va.) (hybrid vehicles) would promote advanced plug-in hybrid vehicles and vehicle components. 153 Cong. Rec. H9274 (daily ed. July 31, 2007). The bill was referred to the Committees on Energy and Commerce, Oversight and Government Reform, and Science and Technology.
  • H.R. 3240 (Boucher, D-Va.) (energy) would enhance availability of critical energy information. 153 Cong. Rec. H9275 (daily ed. July 31, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 3241 (Boucher, D-Va.) (Energy Policy Act) would clarify the amount of loans to be guaranteed under title XVII of the Energy Policy Act of 2005. 153 Cong. Rec. H9275 (daily ed. July 31, 2007). The bill was referred to the Committee on Energy and Commerce and the Committee on Science and Technology.
  • H.R. 3247 (Norton, D-D.C.) (Hurricanes Katrina and Rita) would improve the provision of disaster assistance for Hurricanes Katrina and Rita. 153 Cong. Rec. H9275 (daily ed. July 31, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 3255 (Hunter. R-Cal.) (hunting) would prohibit a state from charging an individual more than $200 for a permit or license to hunt big game on federal public lands within that state. 153 Cong. Rec. H9275 (daily ed. July 31, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3261 (Murphy, D-Conn.) (FERC permits) would amend the Federal Power Act and the Natural Gas Act to require that FERC conduct local hearings before issuing a permit or other authorization for any action that may affect land use in any locality. 153 Cong. Rec. H9275 (daily ed. July 31, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 3276 (Kirk, R-Ill.) (Great Lakes) would amend the Internal Revenue Code of 1986 to deny refinery expensing to owners of refineries that are permitted to increase the discharge of pollutants into the Great Lakes. 153 Cong. Rec. H9466 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 3285 (Cohen, D-Tenn.) (TSCA) would amend TSCA to reduce the health risks posed by asbestos-containing products. 153 Cong. Rec. H9467 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 3287 (Grijalva, D-Ariz.) (wilderness areas) would expand the Pajarita Wilderness and designate the Tumacacori Highlands Wilderness in Coronado National Forest, Arizona. 153 Cong. Rec. H9467 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3288 (Grijalva, D-Ariz.) (environmental conflict) would authorize appropriations for the U.S. Institute for Environmental Conflict Resolution. 153 Cong. Rec. H9467 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Education and Labor and the Committee on Natural Resources.
  • H.R. 3290 (Holt, D-N.J.) (FIFRA) would amend FIFRA to require local educational agencies and schools to implement integrated pest management systems to minimize the use of pesticides in schools and to provide parents, guardians, and employees with notice of the use of pesticides in schools. 153 Cong. Rec. H9467 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Agriculture.
  • H.R. 3299 (Musgrave, R-Colo.) (boundary adjustment) would provide for a boundary adjustment and land conveyances involving Roosevelt National Forest, Colorado, to correct the effects of an erroneous land survey that resulted in approximately 7 acres of the Crystal Lakes Subdivision, Ninth Filing, encroaching on National Forest System land. 153 Cong. Rec. H9467 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3300 (Nunes, R-Cal.) (coal-to-liquid fuel) would provide for the development of a market for coal-to-liquid fuel. 153 Cong. Rec. H9467 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 3301 (Pastor, D-Ariz.) (land exchange) would authorize and direct the exchange and conveyance of certain National Forest land and other land in southeast Arizona. 153 Cong. Rec. H9467 (daily ed. Aug. 1, 2007). The bill was referred to the Committee on Natural Resources.
  • H. Res. 582 (Brown, R-S.C.) (sustainable seafood) would recognize the South Carolina Aquarium's Sustainable Seafood Initiative and the benefits it provides to coastal South Carolina, South Carolina fishermen, South Carolina restaurants, and the consumers of seafood in coastal South Carolina. 153 Cong. Rec. H8820 (daily ed. July 27, 2007). The resolution was referred to the Committee on Energy and Commerce and the Committee on 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:

Alabama Idaho Michigan New Mexico Rhode Island California Iowa Minnesota North Carolina South Dakota Colorado Louisiana Missouri Oregon Washington Delaware Massachusetts New Hampshire Pennsylvania Wisconsin

ALABAMA

Toxic Substances:

CALIFORNIA

Hazardous & Solid Wastes:

  • The Department of Toxic Substance Control is soliciting public comment on Proposed Regulation Concept: Consolidation of California Universal Waste Regulations. This rulemaking will consolidate and reorganize the requirements contained in existing California Code of Regulations, title 22, chapter 23, for small and large universal waste handlers and cathode ray tube handlers into a single set of standards for all universal waste handlers. This rulemaking will also establish a set of alternative management standards for electronic hazardous wastes pursuant to California's Electronic Waste Recycling Act of 2003, as amended (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004). Comments are due August 17, 2007. See http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/upload/UWR_description.pdf

COLORADO

Air:

  • The Air Quality Control Commission will hold a public rulemaking hearing to incorporate by reference numerous federal amendments to 40 C.F.R. Part 63, NESHAPs, into Regulation Number 8, Part E. The hearing will be held October 18, 2005. Comments are due October 5, 2007. See http://www.cdphe.state.co.us/op/aqcc/aqccdown/reg8oct.pdf

DELAWARE

Air:

  • The Department of Natural Resources and Environmental Control adopted Rule 1138, Emission Standards for Hazardous Air Pollutants for Source Categories. See http://regulations.delaware.gov/documents/August2007c.pdf (pp. 221-222)
  • The Department of Natural Resources and Environmental Control will conduct a public hearing to consider the amendment of Subpart N of Rule No. 1138, Emission Standards for Hazardous Air Pollutants for Source Categories. The purpose of this amendment to Subpart N of Regulation No. 1138 is to be consistent, where appropriate, with federal requirements. See http://regulations.delaware.gov/documents/August2007c.pdf (pp. 152-153)

Hazardous & Solid Wastes:

IDAHO

Air:

  • The Department of Environmental Quality will conduct a public hearing to consider new rule 58.01.01, Rules for the Control of Air Pollution in Idaho. This rulemaking is necessary to ensure that the rules are consistent with federal regulations. The hearing will be held September 6, 2007. Comments are due September 6, 2007. See http://adm.idaho.gov/adminrules/bulletin/bul/07aug.pdf#P.128 (pp. 128-129)

Hazardous & Solid Wastes:

  • The Department of Environmental Quality is soliciting public comment on the proposed amendment of 58.01.05, Rules and Standards for Hazardous Waste. These rules are updated annually to maintain consistency with U.S. EPA's federal regulations implementing RCRA as directed by the Idaho Hazardous Waste Management Act. Idaho has historically adopted both required and optional federal regulations so that the state's hazardous waste rules are the same as federal requirements. Comments are due August 29, 2007. See http://adm.idaho.gov/adminrules/bulletin/bul/07aug.pdf#P.128 (pp. 154-160)

Water:

  • The Department of Environmental Quality is soliciting public comment on the proposed revision of IDAPA 58.01.04, Rules for Administration of Wastewater Treatment Facility Grants, for consistency with the environmental review of IDAPA 58.01.12, Rules for Administration of Water Pollution Control Loans, Section 042. Comments are due August 29, 2007. See http://adm.idaho.gov/adminrules/bulletin/bul/07aug.pdf#P.128 (pp. 128-129)

IOWA

Air:

  • The Environmental Protection Commission will conduct a public hearing to consider proposed amendment of Chapter 22, Controlling Pollution, and Chapter 33, Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of Significant Deterioration of Air Quality, Iowa Administrative Code. The hearing will be held September 5, 2007. Comments are due September 6, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070801.pdf (pp. 243-244)
  • The Environmental Protection Commission will conduct a public hearing to consider the amendment of Chapter 34, Provisions for Air Quality Emissions Trading Programs, Iowa Administrative Code. The purpose of the proposed rule changes is to make administrative amendments to the state's rules for the Clean Air Interstate Rule and the Clean Air Mercury Rule. The hearing will be held September 4, 2007. Comments are due September 5, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070801.pdf (pp. 244-245)

Hazardous & Solid Wastes:

  • The Environmental Protection Commission will conduct public hearings to consider the amendment of Chapter 135, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, Iowa Administrative Code. The hearings will be held August 21, 22, and 23, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB070801.pdf (pp. 246-251)

LOUISIANA

Air:

  • The Department of Environmental Quality will conduct a public hearing on proposed repeal of LAC 33:III.510. This rule repeals and deletes references to LAC 33:III.510, which provides for control technology requirements and emission offsets in Calcasieu Parish. The hearing will be held August 28, 2007. Comments are due September 4, 2007. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/AQ287Ppro.pdf

MASSACHUSETTS

Water:

  • The Massachusetts Department of Environmental Protection is holding three public hearings on proposed regulatory amendments involving the Department's Industrial Wastewater Program and related fee categories. These amendments are required to maintain regulatory consistency with recent amendments to regulations affecting Timely Action Schedule and Fee Provisions, the Sewer Extension and Connection Permit Program regulating industrial sewage discharges, and the Board of Registration of Operators of Wastewater Treatment Facilities. Hearings will be held August 27 and 28, 2007. Comments are due September 7, 2007. See http://www.mass.gov/dep/public/publiche.htm#3104etc
  • The Massachusetts Department of Environmental Protection held a public meeting seeking comment on the draft TMDL Report for the nutrient nitrogen in the coastal waters of Centerville River, Scudder Bay, and East Bay on Cape Cod. The hearing was held August 1, 2007. Comments are due August 31, 2007. See http://www.mass.gov/dep/public/publiche.htm#3104etc
  • The Massachusetts Department of Environmental Protection held a public meeting seeking comments on the draft TMDL Report for the nutrient phosphorus in the Nashua River Watershed. The hearing was held August 1, 2007. Comments are due August 17, 2007. See http://www.mass.gov/dep/public/publiche.htm#3104etc

MICHIGAN

Air:

  • The Michigan Department of Environmental Quality, Air Quality Division, will conduct a public hearing on a proposed administrative rule promulgated pursuant to Part 55, Air Pollution Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451); R 336.1640. This proposed new rule will limit volatile organic compound emissions at a cement manufacturing facility. The public hearing will be held on September 5, 2007. Comments are due September 5, 2007. See http://www.michigan.gov/documents/cis/MR13_080107_204411_7.pdf (pp. 10-12)

MINNESOTA

Fisheries:

  • The Department of Natural Resources adopted expedited emergency game and fish rules, Invasive Species and Designated Infested Waters, to help prevent the further spread of spiny waterfleas, an invasive species, and to enforce the laws related to infested waters. Since the previous designations of infested waters in permanent and emergency rules, additional waters have been confirmed to contain spiny waterfleas or to be contiguous with or connected to waters with reproducing populations of spiny waterfleas such that they are expected to contain populations of spiny waterfleas. It is therefore necessary to designate these waters promptly. See http://www.minnesotasbookstore.com/stateregister/32_05.pdf (pp. 256-258)

MISSOURI

Air:

NEW HAMPSHIRE

Water:

  • The Department of Environmental Services conducted a public hearing to consider the adoption of Env-Ws 386.02 and the readoption with amendment of Env-Ws 386.05. The existing rules identify areas of land within which the surface water runoff flows into a public surface water supply and set forth rules to protect the quality of those sources of public drinking water. Under the proposed new section, the Department must send a written notice to the governing body of each municipality that has a regulated watershed within its borders when a proposed change to Env-386 will affect a regulated watershed located within that municipality. If any part of a watershed is within an unincorporated place, the Department must notify the county commissioners. The hearing was held July 19, 2007. See http://www.des.state.nh.us/RuleMaking/notice2007/Env-Ws386.05RMN.pdf

NEW MEXICO

Air:

  • The New Mexico Environmental Improvement Board will hold a public hearing to consider New Mexico Environment Department's proposal to adopt a new regulation, 20.2.87 NMAC, Greenhouse Gas Emissions Reporting, and make related revisions to 20.2.2 NMAC, Definitions, and 20.2.73 NMAC, Notice of Intent and Emission Inventory Requirements.  The hearing will be held October 2, 2007. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii14/EIBnotice1.htm
  • The New Mexico Environmental Improvement Board will hold a public hearing to consider proposed amendments to 20.2.35 NMAC, Natural Gas Processing Plant: Sulfur.The proposed amendments would add standard rule language to the effective date in 20.2.35.5 NMAC, authorize owners and operators to use air dispersion modeling to determine compliance with the stack height requirement in 20.2.35.111.A NMAC, and change "subsection" to "section" in 20.2.35.11.B. The hearing will be held October 2, 2007. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii14/EIBnotice2.htm

NORTH CAROLINA

Air:

Water:

  • The Department of Environment and Natural Resources will conduct a public hearing on its proposal to amend the rules cited as 15A NCAC 01N .0101-.0103, .0201-.0202, .0301, .0303, .0401-.0402, .0502, .0701, .0704, .0801, and .0902 and to repeal the rules cited as 15A NCAC 01N .0403, and .0601-.0606. The amendments implement Session Law 2005-454 (H.B. 1095), an act to clarify clean water funding and procedure. The hearing will be held August 22, 2007. Comments are due October 1, 2007. See http://www.ncoah.com/rules/register/Volume22Issue03August12007-2.pdf (pp. 158-164)

OREGON

Air:

  • The Department of Environmental Quality will conduct a public hearing on a proposed increase in Oregon Air Contaminant Discharge Permit Fees. The proposed rulemaking would increase Air Contaminant Discharge Permit (ACDP) fees by 20% for all permit categories, as shown in Table 2, OAR 340-216-0020. This increase matches the rise in ACDP program costs since 2001. The hearing will be held August 16, 2007. Comments are due August 20, 2007. See http://arcweb.sos.state.or.us/rules/0807_Bulletin/0807_rulemaking_bulletin.html

Water:

Toxic Substances:

  • The Department of Environmental Quality will conduct a public hearing on a proposed Asbestos Abatement Notification Fee Increase. The Department is proposing to increase the filing fee for asbestos abatement notifications. The Department proposed increasing these fees as part of its budget request to the legislature. This proposed rule implements the legislatively adopted budget for the asbestos program. The hearing will be held August 16, 2007. Comments are due August 20, 2007. See http://arcweb.sos.state.or.us/rules/0807_Bulletin/0807_rulemaking_bulletin.html

PENNSYLVANIA

Wildlife:

  • The Department of Agriculture has issued an Order of Quarantine for the Emerald Ash Borer. The quarantine became effective July 16, 2007. The order restricts the movement of designated articles and materials from Allegheny, Beaver, Butler, and Lawrence Counties. Emerald Ash Borer, Agrilus planipennis (Fairemaire)--a beetle indigenous to Asia--is a serious plant pest that attacks and kills ash trees belonging to the genus Fraxinus. See http://www.pabulletin.com/secure/data/vol37/37-30/1348.html

RHODE ISLAND

Water:

  • The Director of the Rhode Island Department of Environmental Management will conduct a public hearing on proposed amendments to The Rules and Regulations for the Operations and Maintenance of Wastewater Treatment Facilities. The public hearing will be held August 29, 2007. Comments are due August 31, 2007. See http://www.dem.ri.gov/programs/benviron/water/permits/wtf/omdraft.htm

SOUTH DAKOTA

Water:

WASHINGTON

Air:

  • The Department of Ecology is soliciting public comment on a proposed general order concerning automobile body repair and refinishing shops. In 2005, Ecology created the legal framework for general orders of approval. Ecology's air quality program is now proposing another (the seventh) general order. If a business wishes to install the equipment needed to run a body repair and refinishing shop, an application can be made for coverage under the general order or the business can choose to go through the older, more site-specific notice of construction order of approval. Comments are due September 1, 2007. See http://apps.leg.wa.gov/documents/laws/wsr/2007/15/07-15-078.htm

Hazardous & Solid Wastes:

  • The Department of Ecology will conduct public hearings to consider amendments to Chapter 173-900 WAC, Electronic product recycling program, and the following sections from the dangerous waste regulations: WAC 173-303-040, Definitions; and 173-303-071, Excluded categories of waste. The hearings will be held August 21 and 23, 2007. See http://apps.leg.wa.gov/documents/laws/wsr/2007/15/07-15-037.htm
  • The Department of Ecology issued a statement of inquiry regarding a possible rulemaking. This rulemaking proposes to adopt an emissions performance standard for greenhouse gases for all baseload electric generation for which electric utilities enter into long-term financial commitments on or after July 1, 2008. This rulemaking will amend chapter 173-407 WAC, Carbon dioxide mitigation program, and chapter 173-218 WAC, Underground injection control program. See http://apps.leg.wa.gov/documents/laws/wsr/2007/15/07-15-084.htm

WISCONSIN

Air:

  • The Bureau of Air Management issued a scope statement concerning the development of rules to amend the definition of "major stationary source" in NR 405.02(22)(a)., such that ethanol production facilities that produce ethanol by natural fermentation, (those included in NAICS codes 325193 or 312140), are not included in the Chemical Processing Plant category. The other changes are to NR 405.07(4)(a)20., 407.02(4)(b), and 408.02(21)(e), which will state that fugitive emissions from these ethanol production facilities will no longer be included in determining whether a facility is considered a major source. This rule package is initiated because of similar federal rule changes published May 1, 2007. See http://www.legis.state.wi.us/rsb/code/register/reg619b.pdf (p. 11)
  • The Department of Natural Resources will hold a public hearing on proposed revisions to chs. NR 406, 407, and 445, Wis. Adm. Code, relating to the timeline for implementation of air permit and hazardous air pollutant requirements for emissions associated with agricultural waste and minor technical corrections. The SIP would also be revised. The hearing will be held September 10, 2007. See http://www.legis.state.wi.us/rsb/code/register/reg619b.pdf (pp. 31-32)
  • The Department of Natural Resources has adopted ch. NR 432, relating to establishment of provisions for major electric generating units in Wisconsin to comply with the Clean Air Interstate promulgated by U.S. EPA. This rule became effective August 1, 2007. See http://www.legis.state.wi.us/rsb/code/register/reg619b.pdf (p. 43)
  • The Department of Natural Resources has adopted amendments to ch. NR 484 and created ch. NR 460 Appendix EEEEE and subch. III of ch. NR 463, relating to NESHAPs for iron and steel foundries. These rules became effective August 1, 2007. See http://www.legis.state.wi.us/rsb/code/register/reg619b.pdf (p. 43)
  • The Department of Natural Resources has adopted amendments to chs. NR 428 and 484, relating to implementation of reasonably available control technology nitrogen oxide emission limitations applicable to major sources in the eight-hour ozone nonattainment area in southeastern Wisconsin. This rule became effective August 1, 2007. See http://www.legis.state.wi.us/rsb/code/register/reg619b.pdf (p. 43)

Fisheries:

  • The Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WT-32-07(E) pertaining to general permit criteria requiring decontamination of equipment for invasive species and viruses. The emergency rule, which took effect on July 12, 2007, creates provisions in chs. NR 320, 323, 328, 329, 341, 343, and 345, Wis. Adm. Code. The hearing will be held August 13, 2007. See http://www.legis.state.wi.us/rsb/code/register/reg619b.pdf (p. 31)
  • The Department of Natural Resources will hold public hearings on revisions to chs. NR 19 and 20, Wis. Adm. Code, relating to control of fish diseases and invasive species. The proposed rule clarifies and makes permanent recent emergency measures for the control and prevention of viral hemorrhagic septicemia in fish in waters of the state. The hearings will be held August 14-23, 2007. See http://www.legis.state.wi.us/rsb/code/register/reg619b.pdf (pp. 28-19)

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

INTERNATIONAL

PLAN FOR EU EMERGENCY FIREFIGHTING FORCE GAINS SUPPORT

The European Union expressed renewed interest in a rapid-response force that would respond to civilian emergencies, such as the forest fires that have burned significant swaths of southern Europe. Last week, the Prime Ministers of France and Greece spoke in support of the idea, which was developed by former Commissioner Michael Barnier in a report on civil protection forces. Stavros Dimas, European Commissioner for Environment and Civil Protection, also voiced his support for such a coalition, which would include permanent personnel and equipment to respond to emergencies. So far this summer, eight nations in southern Europe have requested assistance to fight forest fires; all have received help through the Community Civil Protection Mechanism, a pool of resources supported by 30 countries. See http://europa.eu/rapid/pressReleasesAction.do?reference=IP/07/1200&format=HTML&aged=0&language=EN&guiLanguage=en

UGANDAN ACTIVISTS OPPOSE DEVELOPMENT OF NEW DAM

A group of civil organizations in Uganda is asking the World Bank and the African Development Bank to reconsider funding for a large hydroelectric plant on the Nile River. These groups, organized under the name Uganda Dams Development Forum, argue that the full environmental and social consequences of the project, known as the Bujagali dam, have not been considered, even as the development of the dam pushes forward. Two dams upstream from Bujagali have contributed to the decline of water levels in Lake Victoria, the world's largest tropical lake. Additionally, critics have expressed concern that deforestation in Uganda will degrade the capability of hydroelectric dams. Eighty-five percent of the country resides in rural areas, where only one percent of households have access to electricity. See http://allafrica.com/stories/200708010434.html

NEW ZEALANDERS BUY BIOFUEL AT THE PUMP

Motorists in New Zealand can now purchase ethanol-blended fuel at the pump. Last week, Gull became the first chain of gas stations to make the blend available for commercial sale. Gull's efforts lead the way for the nation, which has mandated that oil companies begin blending biofuels into gasoline and diesel fuel incrementally over the next four years. Prime Minister Helen Clark reported that the new biofuel regulations will lead to a one million ton reduction in greenhouse gases by 2012. Earlier in 2007, Clark pledged that New Zealand would become the first carbon-neutral nation in the world. See http://www.enn.com/today.html?id=13232

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

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