Jump to Content

Weekly Update Volume 37, Issue 30

10/22/2007

LITIGATION

CWA, TAKINGS, WETLANDS

The Federal Circuit affirmed the lower court’s judgment that no taking occurred on a Pennsylvania family farm where an EPA consent decree required appellant–farmer to reestablish wetlands on a portion of the farm. The farm is an integrated whole despite the existence of a road bisecting the parcel. This finding is based in part on the existence of a comprehensive drainage plan, a single deed, and a single conveyance. In its takings analysis the lower court found that application of the consent decree and corresponding regulation of the property under the CWA resulted in a diminution of value of approximately 14 percent, which is considerably lower than the diminutions found in Supreme Court and Federal Circuit decisions to be takings. This finding is based in part on a “highest and best use” of the farm that is consistent with existing zoning and community development patterns, and the pre-existence of the CWA at the time of conveyance as a factor moderating reasonable investment-backed expectations of the appellant. Robert Brace v. United States, No. 2007-5002, 37 ELR 20260 (Fed. Cir. Oct. 10, 2007) (36 pp.).

CERCLA, CITIZEN SUITS, FEDERAL FACILITIES

The Seventh Circuit affirmed the district court dismissal of appellant’s citizen suit action on the basis that such actions are barred under CERCLA §113(h), which strips courts of jurisdiction over challenges to cleanup efforts while they are underway. Appellant’s claim is based on an ongoing cleanup of a landfill in Illinois located on property formerly occupied by the Fort Sheridan Army Base. The claim alleges that two property transfers among military branches and private parties violated CERCLA because EPA had not signed off on an Army cleanup plan before the property changed hands. The question is whether Appellant’s claim can be sustained under CERCLA §120, which covers federally owned Superfund sites, and is not affected by the restrictions imposed by §113(h). But §113 is relevant because §120 “does not create a separate system for the feds” but rather imports all guidelines, rules, regulations and criteria applicable to cleanups of other non-federal facilities. Steven B. Pollack v. United States Department of Defense, No. 07-1104, 37 ELR 20262 (7th Cir. Oct. 18, 2007) (9 pp.).

CERCLA, COST RECOVERY

The Sixth Circuit affirmed the district court’s dismissal of Appellant’s contribution claim as time barred, but reversed the district court’s dismissal of Appellant’s cost recovery claim under CERCLA. Following recent Supreme Court precedent, Plaintiff is a PRP that can state a claim for cost recovery. The appropriateness of a CERCLA §107(a) cost recovery or a §113(f) contribution action varies depending on the circumstances leading to the action and not on the identity of the parties. ITT Indus., Inc. v. BorgWarner, Inc., No. 07-1104, 37 ELR 20261 (6th Cir. Oct. 18, 2007) (8 pp.).

CERCLA, CORPORATE VEIL

The district court dismissed claims against individually named defendants. Defendants are not operators of a facility under CERCLA due to defendants’ lack of involvement in day-to-day operations and in environmental compliance matters other than as shareholders. State of New York v. B.B. & S Treated Lumber Corp., No. 02-CV-1358 (JS)(MLO), 37 ELR 20263 (E.D.N.Y. Sept. 30, 2007) (Seybert, J.) (4 pp.).

CWA, SUBJECT MATTER JURISDICTION

A district court ruled that it had subject matter jurisdiction over EPA’s alleged failure to promulgate standards governing water intake structures at certain existing offshore oil and gas extraction facilities and certified its ruling to the court of appeal for consideration. Although CWA §509(b)(1)(E) vests exclusive jurisdiction in the courts of appeals to review cases involving “approving or promulgating any effluent limitation or other limitations,” EPA’s failure to promulgate a standard does not fall within this section’s purview. Instead, the district court has subject matter jurisdiction under CWA §505(a) and under the APA. But because there are substantial grounds for differing opinions, this is a pure question of law that will control the case outcome, and there is a pending case on the same matter in the courts of appeals, there is strong reason to certify this question for immediate appeal. Riverkeeper, Inc. v. United States Environmental Protection Agency, No. 06-Civ-12987(PKC), 37 ELR 20267 (S.D.N.Y. Sept. 24, 2007, as amended Sept. 28, 2007) (Castel, J.) (4 pp.).

NEPA, CWA, SURFACE MINING

The district court granted a temporary restraining order and preliminary injunction against the Callisto Surface Mine in Boone County, West Virginia. Irreparable harm to the environment as a result of the mining is nearly certain, and the outcomes of related cases suggest a sufficient likelihood of success on the merits. The court is likely to find that the mitigation techniques set forth in the permits did not comport with NEPA and the CWA because they were inadequate to compensate for the loss of headwater streams caused by the mining and did not adequately assess the cumulative impacts of the Corps’ actions. Further, the public’s interest is served by granting the injunction despite the economic costs and loss of jobs involved. Ohio Valley Environmental Coalition v. United States Army Corps of Engineers, No. 3:05-0784, 37 ELR 20264 (S.D.W.Va. Oct. 11, 2007) (Chambers, J.) (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 issued control techniques guidelines in lieu of national regulations for paper, film, and foil coatings; metal furniture coatings; and large appliance coatings (the Group III product categories) after determining that control techniques guidelines will be substantially as effective as national regulations in reducing volatile organic compound emissions from the three Group III product categories in ozone NAAQS nonattainment areas. 72 FR 57215 (10/9/07).
  • SIP Approvals: California (transportation conformity criteria and procedures) 72 FR 58013 (10/12/07). Florida (clean air interstate rule (CAIR)) 72 FR 58016 (10/12/07). Georgia (CAIR) 72 FR 57202 (10/9/07); (eight-hour ozone NAAQS redesignation request, maintenance plan, and motor vehicle emission budgets (MVEBs) for Murray County) 72 FR 58538 (10/16/07). Illinois (clean air interstate rule (CAIR) 72 FR 58528 (10/16/07). Indiana (eight-hour ozone NAAQS redesignation request, maintenance plan, and MVEBs for the central Indiana area) 72 FR 59210 (10/19/07). Iowa (operating permits program revisions) 72 FR 58535 (10/16/07). Kentucky (performance testing and open burning provisions) 72 FR 58759 (10/17/07). Missouri (transportation conformity) 72 FR 59014 (10/18/07). Ohio (CAIR) 72 FR 58546 (10/16/07); (equivalent visible emission limits) 72 FR 58523 (10/16/07). Pennsylvania (eight-hour ozone NAAQS redesignation request, maintenance plan, 2002 base year inventory, and motor vehicle emission budgets for the Erie area) 72 FR 57207 (10/9/07); (eight-hour ozone NAAQS redesignation request, maintenance plan, MVEBs, and 2002 base year inventory for the Youngstown area) 72 FR 59213 (10/19/07). South Carolina (CAIR) 72 FR 57209 (10/9/07). South Dakota (revisions to administrative rules, air pollution control program) 72 FR 57864 (10/11/07). Virginia (control of total reduced sulfur from pulp and paper mills) 72 FR 59017 (10/18/07); (control of particulate matter from pulp and paper mills) 72 FR 59207 (10/19/07). Wisconsin (CAIR) 72 FR 58542 (10/16/07).
  • SIP Proposals: California (transportation conformity criteria and procedures; see above for direct final rule) 72 FR 58031 (10/12/07). Illinois (CAIR; see above for direct final rule) 72 FR 58570 (10/16/07). Iowa (operating permits program revisions; see above for direct final rule) 72 FR 58571 (10/17/07). Missouri (transportation conformity; see above for direct final rule) 72 FR 59066 (10/18/07). Ohio (CAIR; see above for direct final rule) 72 FR 58571 (10/16/07). South Carolina (CAIR) 72 FR 57257 (10/9/07). South Dakota (revisions to administrative rules, air pollution control program; see above for direct final rule) 72 FR 57907 (10/11/07).

GENERAL:

  • Department of Health and Human Services announced the establishment of the Board of Scientific Counselors, National Center for Public Health Informatics; the purpose of the board is to ensure that the national center has access to external viewpoints, the capacity to conduct peer review of scientific programs, and the ability to perform second level peer-review of research applications. 72 FR 58855 (10/17/07).
  • EPA announced the national enforcement and compliance assurance priorities for fiscal years 2008, 2009 and 2010. 72 FR 58084 (10/12/07).
  • National Park Service announced the establishment of the Denali National Park and Preserve Aircraft Overflights Advisory Council; the council will provide advice and recommendations on mitigation of impacts from aircraft overflights at Denali National Park and Preserve. 72 FR 58122 (10/12/07).
  • NRC announced its intent to establish an advisory committee designated as the Independent External Review Panel to Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's Material Licensing Program; the committee would identify vulnerabilities concerning NRC material licensing and tracking programs and validate the agency's ongoing byproduct material security efforts. 72 FR 57600 (10/10/07).

HAZARDOUS AND SOLID WASTE:

  • EPA entered into a proposed administrative settlement under CERCLA concerning the EPAC Superfund site in Waterbury, Connecticut, that requires the settling parties to pay $175,000 in past costs and pay 25% of any cash payment they receive as a result of any contribution suit or claim against or settlement agreement with Great Brook Realty, Inc., for matters related to the settlement agreement. 72 FR 59090 (10/18/07).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the Buckley Drive Waterline Superfund site in Bennington, Vermont, that requires the settling parties to pay $740,000 to the Hazardous Substance Superfund. 72 FR 58846 (10/17/07).
  • EPA transferred the management of the PCB cleanup program and most of the PCB disposal program from the Office of Prevention, Pesticides and Toxic Substances to the Office of Solid Waste and Emergency Response. 72 FR 57235 (10/9/07).
  • EPA proposed to grant Michigan final authorization of the changes to its hazardous waste program under RCRA. 72 FR 57258 (10/9/07).

MINING:

  • OSM approved, with certain exceptions, an amendment to Indiana's regulatory program under SMCRA concerning underground mining reclamation plans, performance bond release, surface mining permanent and temporary impoundments, surface mining primary roads, inspections of sites, and a provision of a definition for "government-financed construction." 72 FR 59005 (10/18/07).
  • OSM approved an amendment to Virginia's regulatory program under SMCRA concerning review of a decision not to inspect or enforce. 72 FR 59009 (10/18/07).
  • OSM approved, with certain exceptions and an additional requirement, amendments to the Montana regulatory program under SMCRA; the amendments make the state program consistent with corresponding federal regulations and implement previous statutory changes already approved by OSM. 72 FR 57821 (10/10/07).

NATIONAL FORESTS:

  • U.S. Forest Service proposed changes to directives governing special use permits for outfitting and guiding conducted on National Forest System lands; in addition, the agency proposed changes to a directive governing insurance requirements for Forest Service special use permits. 72 FR 59246 (10/19/07).

PESTICIDES:

  • EPA announced the availability of and seeks comment on a draft white paper regarding StarLink™ corn dietary exposure and risk. 72 FR 58977 (10/17/07).

TOXIC SUBSTANCES:

  • EPA amended a significant new use rule (SNUR) to include certain additional perfluoroalkyl sulfonate (PFAS) chemicals that are already on the public TSCA Inventory but not covered by the original SNUR. 72 FR 57222 (10/9/07).

WATER:

  • EPA finalized seven targeted regulatory changes to the national primary drinking water regulations for lead and copper that seek to reduce exposure to lead in drinking water. 72 FR 57781 (10/10/07).

WILDLIFE:

  • FWS announced the availability of a recovery plan for the endangered Nosa Luta or Rota Bridled White-eye. 72 FR 59301 (10/19/07).
  • NOAA-Fisheries announced temporary restrictions that apply to lobster trap/pot and anchored gillnet fishermen in an area southeast of Machias, Maine; the purpose of this action is to provide protection to an aggregation of northern right whales. 72 FR 59035 (10/18/07).
  • FWS added all forms of live black carp, gametes, viable eggs, and hybrids to the list of injurious fish under the Lacey Act so that it could protect the interests of wildlife and wildlife resources from the purposeful or accidental introduction and subsequent establishment of black carp in the ecosystems of the United States. 72 FR 59019 (10/18/07).
  • FWS announced the availability of the amended required determinations and draft economic analysis of the proposed critical habitat designation for Nevin's barberry. 72 FR 58793 (10/17/07).
  • FWS announced the availability of the amended required determinations and draft economic analysis of the proposed revised critical habitat designation for the Monterey Spineflower. 72 FR 58618 (10/16/07).
  • FWS proposed subsistence harvest regulations for migratory birds in Alaska for the 2008 season. 72 FR 58274 (10/15/07).
  • FWS prescribed migratory bird hunting regulations on certain federal Indian reservations and ceded lands for the 2007 to 2008 early and late seasons. 72 FR 58451 (10/15/07).
  • FWS announced the availability of the recovery plan for Spalding's Catchfly. 72 FR 58111 (10/12/07).
  • FWS proposed to revise currently designated critical habitat to 384,410 acres of land in Imperial, Riverside, and San Diego counties, California, for the Peninsular bighorn sheep. 72 FR 57739 (10/10/07).
  • FWS announced the availability of a draft EA for the Karner blue butterfly located in portions of Albany, Saratoga, Schenectady, and Warren counties, New York; in addition, the agency announced that the Eastern New York Chapter of The Nature Conservancy applied for an enhancement of survival permit for the species. 72 FR 57511 (10/10/07).
  • FWS announced a 90-day finding on a petition to list the black-footed albatross as threatened or endangered under the ESA; the agency found that listing may be warranted and initiated a status review of the species. 72 FR 57278 (10/9/07).
  • FWS announced a 90-day finding on a petition to list the giant Palouse earthworm as threatened or endangered under the ESA; the agency found that listing the species is not warranted at this time. 72 FR 57273 (10/9/07).
  • FWS announced its intent to prepare a revised comprehensive conservation plan and EA for Koyukuk, Nowitna, and the Northern Unit of Innoko National Wildlife Refuges in Alaska. 72 FR 57343 (10/9/07).
  • FWS announced the availability of the final comprehensive conservation plan and FONSI for the Mississippi Sandhill Crane Refuge in Jackson County, Mississippi. 72 FR 57344 (10/9/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Power Poles, Inc., No. 07-1802 (FAB) (Docket 2) (D.P.R. Aug. 30, 2007). A settling CWA defendant who discharged fill material without a permit into waters of the United States must pay a civil penalty and must deposit funds into an escrow account for use as in lieu fee mitigation. 72 FR 59309 (10/19/07).
  • United States v. American Electric Power Service Corp., Nos. C2-99-1182, C2-99-1250, C2-04-1098, and C2-05-360 (S.D. Ohio Oct. 9, 2007). A settling CAA defendant who failed to seek permits prior to making major modifications and install appropriate pollution control devices to reduce emissions of air pollutants from units at a number of its power plants must pay a civil fine of $15 million; must pay $60 million for environmental mitigation projects and other specific projects; must install, upgrade, and have continuous operation of pollution control devices on a number of the 46 units at the 16 plants addressed in the settlement; and must have emissions caps imposed on it that limit the total amount of nitrogen oxides and sulfur dioxide that can be collectively emitted by all 46 units at these plants, with a series of increasingly stringent limits beginning in 2009. 72 FR 58887 (10/17/07).
  • United States v. Board of Regents of the University of Illinois, No. 2:07- cv-02188 (C.D. Ill. Oct. 10, 2007). Settling CWA defendants responsible for a fish kill incident after discharging ammonia-containing wastewater to the Saline Branch Drainage ditch above its confluence with the Salt Fork of the Vermillion River in Urbana, Illinois, must pay a total of $491,000 to resolve the natural resource damages claims brought against them. 72 FR 58888 (10/17/07).
  • United States v. Gould Electronics Inc., No. 07-4645 (D.N.J. Sept. 28, 2007). Settling CERCLA defendants must pay $285,000 in reimbursement of response costs incurred or to be incurred at the Magic Marker Superfund site in Trenton, New Jersey. 72 FR 58889 (10/17/07).
  • United States v. Hunt Refining Co., No. CV-07-P-1777- W (N.D. Ala. Sept. 28, 2007). A settling CAA defendant must implement pollution control technologies to significantly reduce emissions of nitrogen oxides and sulfur dioxide from refinery process units located in Tuscaloosa, Alabama; and Sandersville and Lumberton, Mississippi, must reduce the flaring of process upset gasses, must improve leak detection and repair procedures, must improve the management of benzene wastewater streams, must pay a civil penalty of $400,000, must spend more than $475,000 on supplemental environmental projects to benefit the community and environment, must upgrade controls to reduce volatile organic compound emissions from the wastewater systems at the Tuscaloosa refinery, and must buy emergency preparedness equipment and train mutual aid responders in Choctaw County, Alabama; and Vicksburg, Mississippi. 72 FR 58889 (10/17/07).
  • United States v. Maritime Logitics, Inc., No. C07-5172 JSW (N.D. Cal. Oct. 11, 2007). Settling CERCLA, National Marine Sanctuaries Act, and Oil Pollution Act defendants who sank a vessel in the waters of the Monterey Bay National Marine Sanctuary and discharged oil on January 31, 2005, must pay the Coast Guard's Oil Spill Liability Trust Fund $1,207,064.00 for costs incurred and must pay NOAA $392,936.00 for damages and costs incurred. 72 FR 58890 (10/17/07).
  • United States v. U.S. Steel Corp., No. 07-CV-4114-JAR (D. Kan. Oct. 1, 2007). Settling CERCLA defendants must pay $495,750 in restoration projects and reimbursement of natural resource damage assessment costs incurred at the National Zinc Superfund site in Cherryvale, Kansas, and the surrounding area. 72 FR 58890 (10/17/07).
  • United States v. 3M Co., No. 5:07-cv-1079 (W.D. Okla. Oct. 2, 2007). A settling CERCLA defendant who sent approximately 3,000 gallons of hazardous substances for disposal to the Double Eagle Superfund site in Oklahoma City, Oklahoma, must pay $50,000 in response costs and natural resource damages. 72 FR 58122 (10/12/07).
  • United States v. Afton Chemical Corp., No. 3:06-cv-763 (S.D. Ill. Sept. 27, 2007). Based on their limited ability to pay, settling CERCLA defendants must pay $1.00 toward a stipulated judgment in the amount of $351,000 and must seek the balance of the stipulated judgment from the Estate's insurers to resolve claims related to Sauget Area 2, Southern Superfund site Q, in Cahokia, Illinois. 72 FR 58123 (10/12/07).
  • In re Asarco LLC, No. 05-21207 (Bankr. S.D. Tex. Sept. 28, 2007). A settling CERCLA defendant's proposed settlement agreement provides, inter alia, that the United States shall have an allowed general unsecured claim of $13,280,780 and the state of Texas shall have an allowed general unsecured claim of $419,220 for past response costs incurred at the El Paso County Metals Survey Superfund site in Texas. 72 FR 58123 (10/12/07).
  • United States v. BNSF Railway Co., No. 5:07-cv-1080 (W.D. Okla. Oct. 3, 2007). A settling CERCLA defendant who sent approximately 50,000 gallons of waste diesel fuel for disposal at the Double Eagle Superfund site in Oklahoma City, Oklahoma, must pay $300,000 in response costs and natural resource damages. 72 FR 58124 (10/12/07).
  • United States v. City of Hastings, No. 8:07-cv-00365-LES- FG3 (D. Neb. Sept. 14, 2007). Settling CERCLA defendants involved with groundwater contamination at the North Landfill Subsite, one of the six subsites of the Hastings Ground Water Contamination Superfund site located in Adams County, Nebraska, must implement the final remedial design/remedial action for the groundwater operable unit and must pay the United States' past and future costs related to the subsite. 72 FR 58125 (10/12/07).
  • United States v. Evergreen Pulp, Inc., No. C 07-05067 SBA (N.D. Cal. Oct. 2, 2007). A settling CAA defendant must pay a civil penalty of $300,000 to the United States, must pay a civil penalty of $300,000 to the California Air Resources Board, must pay a civil penalty of $300,000 to the North Coast Air Quality Management District, and must install air pollution control equipment to resolve claims related to its wood pulp mill located in Samoa, California. 72 FR 58125 (10/12/07).
  • United States v. Ferguson Harbour Service Inc., No. 3:03-CV-1266 (S.D. Miss. Sept. 24, 2007). A settling CERCLA defendant connected with the release and/or threatened release of hazardous substances at and from the Industrial Pollution Control Superfund site in Jackson, Mississippi, must pay $10,000 to the Hazardous Substances Superfund. 72 FR 58126 (10/12/07).
  • United States v. Great Lakes Carbon LLC, No. 3:07-cv-476 (S.D. Tex. Sept. 24, 2007). Settling CERCLA defendants must collectively pay $405,000 in reimbursement of response costs for response actions taken or to be taken at or in connection with the release or threatened release of hazardous substances at the Tex Tin Superfund Site located in Galveston County, Texas. 72 FR 58126 (10/12/07).
  • United States v. M.A. Hanna Plastics Group, Inc., No. 06-409-GMS (D. Del. Sept. 6, 2007). Settling CERCLA defendants must pay $100,000 in reimbursement of past response costs incurred at the12th Dump Superfund site in Wilmington, Delaware. 72 FR 58127 (10/12/07).
  • United States v. Richmond American Homes of Arizona, Inc., No. CIV-07-1796-PHX-LOA (D. Ariz. Sept. 20, 2007). A settling CAA defendant must pay $155,000 in civil penalties and must take measures designed to abate fugitive dust emissions to resolve claims for failure to install suitable trackout control devices, failure to immediately clean up trackout, failure to implement dust control measures, and failure to operate water application while conducting earthmoving. 72 FR 58127 (10/12/07).
  • United States v. Textron Systems Corp., No. 1:07-cv-11846-NG (D. Mass. Oct. 1, 2007). A settling CERCLA defendant must pay $5.6 million to the Army through its Environmental Restoration Account; must deposit $800,000 in a special account to pay EPA's future oversight costs relating to the Massachusetts Military Reservation site on Cape Cod, Massachusetts; must pay $1.3 million to the Commonwealth and federal natural resources trustees for natural resource damage claims by the Commonwealth and the United States; and must conduct decommissioning and removal of the site buildings, structures and debris from the MMR J-3 Range to resolve claims relating to the site. 72 FR 58128 (10/12/07).

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

THE CONGRESS

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

Public Laws

  • S. 1983 (Federal Insecticide, Fungicide, and Rodenticide Act), which amends the Federal Insecticide, Fungicide, and Rodenticide Act to renew and amend the provisions for the enhanced review of covered pesticide products, authorizes fees for certain pesticide products, and expends and improves the collection of maintenance fees, was signed into law by President Bush on October 9, 2007. Pub. L. No. 110-94, 153 Cong. Rec. D1309 (daily ed. Oct. 15, 2007).

Chamber Action

  • H.R. 2095 (Federal Railroad Safety Improvement Act of 2007), which would amend title 49, United States Code, to prevent railroad fatalities, injuries, and hazardous materials releases and would authorize the Federal Railroad Safety Administration, was passed by the House. 153 Cong. Rec. H11671-96 (daily ed. Oct. 17, 2007).

Committee Action

  • H.R. 1483 (Omnibus Parks and Public Lands Management Act of 1996) was reported by the Committee on Natural Resources. H. Rep. No. 110-388, 153 Cong. Rec. H11775 (daily ed. Oct. 18, 2007). The bill would amend the Omnibus Parks and Public Lands Management Act of 1996 to extend the authorization for certain national heritage areas.
  • H.R. 3224 (dam rehabilitation) was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 110-386, 153 Cong. Rec. H11775 (daily ed. Oct. 18, 2007). The bill 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.
  • H. Res. 724 (hazardous materials) was reported by the Committee on Rules. H. Rep. 110-371, 153 Cong. Rec. H11489 (daily ed. Oct. 10, 2007). The bill would provide for consideration of the bill (H.R. 2095) to amend title 49, United States Code, to prevent railroad fatalities, injuries, and hazardous materials releases and to authorize the Federal Railroad Safety Administration.

Bills Introduced

  • S. 2164 (Inhofe, R-Okla.)(scientific research) would establish a Science and Technology Scholarship Program to award scholarships to recruit and prepare students for careers in the National Weather Service and in National Oceanic and Atmospheric Administration marine research, atmospheric research, and satellite programs. 153 Cong. Rec. S12863 (daily ed. Oct. 15, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2165 (Isakson, R-Ga.)(Endangered Species Act) would amend the Endangered Species Act of 1973 to provide for the suspension of provisions of the Act during periods of drought with respect to Federal and State agencies that manage Federal river basins that are located in each region affected by the drought. 153 Cong. Rec. S12936. (daily ed. Oct. 16, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 2172 (McCain, R-Ariz.)(natural resources) would impose sanctions on officials of the State Peace and Development Council in Burma, prohibit the importation of gems and hardwoods from Burma, and support democracy in Burma. 153 Cong. Rec. S12936. (daily ed. Oct. 16, 2007). The bill was referred to the Committee on Foreign Relations.
  • S. 2179 (Bingaman, D-N.M.)(authorized programs) would authorize certain programs and activities in the Forest Service, the Department of the Interior, and the Department of Energy. 153 Cong. Rec. S12988 (daily ed. Oct. 17, 2007).
  • S. 2180 (Bingaman, D-N.M.)(authorized programs) would authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, and would amend the Compact of Free Association Amendments Act of 2003.
  • S. 2191 (Lieberman, I-Conn.)(greenhouse gases) would direct the Administrator of the Environmental Protection Agency to establish a program to decrease emissions of greenhouse gases. 153 Cong. Rec. S13077 (daily ed. Oct. 18, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 2194 (Salazar, D-Colo.)(education) would amend the Elementary and Secondary Education Act of 1965 to establish a partnership between the Department of Education and the National Park Service to provide educational opportunities for students and teachers. 153 Cong. Rec. S13077 (daily ed. Oct. 18, 2007). The bill was referred to the Committee on Health, Education, Labor, and Pensions.
  • S. 2200 (Conrad, D-N.D.)(water projects) would authorize the use of Federal funds for flexible financing of Indian tribal municipal, rural, and industrial water system construction projects by certain federally recognized Indian tribes. 153 Cong. Rec. S13077 (daily ed. Oct. 18, 2007). The bill was referred to the Committee on Indian Affairs.
  • S. 2202 (Reid, D-Nev.)(Clean Air Act) would amend the Clean Air Act to increase the renewable content of gasoline. 153 Cong. Rec. S13077 (daily ed. Oct. 18, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 2203 (Brown, D-Ohio)(uranium) would reauthorize the Uranium Enrichment Decontamination and Decommissioning Fund. 153 Cong. Rec. S13077 (daily ed. Oct. 18, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2204 (Whitehouse, D-R.I.)(wildlife) would assist wildlife populations and wildlife habitats in adapting to and surviving the effects of global warming. 153 Cong. Rec. S13077 (daily ed. Oct. 18, 2007). The bill was referred to the Committee on Environment and Public Works.
  • H.R. 3775 (Lampson, D-Tex.)(energy and technology) would support research and development of new industrial processes and technologies that optimize energy efficiency and environmental performance, utilize diverse sources of energy, and increase economic competitiveness. 153 Cong. Rec. H11394 (daily ed. Oct. 9, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 3776 (Goron, D- Tenn.)(energy storage) would provide for a research, development, and demonstration program by the Secretary of Energy to support the ability of the United States to remain globally competitive in energy storage systems for vehicles, stationary applications, and electricity transmission and distribution. 153 Cong. Rec. H11394 (daily ed. Oct. 9, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 3781 (Hill, D-Ind.)(air) would amend the Clean Air Act to promote and assure the quality of biodiesel fuel. 153 Cong. Rec. H11394 (daily ed. Oct. 9, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 3787 (McHugh, R-N.Y.)(land trusts) would require that the Secretary of the Interior hold at least one public hearing in the surrounding community where land requested to be taken into trust for an Indian tribe is located in order to ascertain the needs and interests of that surrounding community. 153 Cong. Rec. H11394 (daily ed. Oct. 9, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3804 (Campbell, R-Cal.)(land use) would eliminate an unused lighthouse reservation along the coast of Orange County, California. 153 Cong. Rec. H11489 (daily ed. Oct. 10, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3807 (Giffords, D-Ariz.)(energy) would amend the Internal Revenue Code of 1986 to increase and extend certain renewable energy and energy efficiency incentives. 153 Cong. Rec. H11489 (daily ed. Oct. 10, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 3809 (Kanjorski, D-Pa.)(Delaware and Lehigh National Heritage Corridor Act of 1988) would amend the Delaware and Lehigh National Heritage Corridor Act of 1988 regarding the local coordinating entity of the Delaware and Lehigh National Heritage Corridor. 153 Cong. Rec. H11489 (daily ed. Oct. 7, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3821 (Rahall, D-W. Va.)(national park) would authorize the Secretary of the Interior to conduct a special resource study of sites and resources at Matewan, West Virginia, associated with the Battle of Matewan to determine the suitability and feasibility of designating certain historic areas as a unit of the National Park System. 153 Cong. Rec. H11494 (daily ed. Oct. 12, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3823 (Ferguson, R-N.J.)(Energy Star) would amend the Internal Revenue Code of 1986 to allow individuals a credit against income tax for the purchase of Energy Star compliant refrigerators and freezers. 153 Cong. Rec. H11494 (daily ed. Oct. 12, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 3829 (Cohen, D-Tenn.)(exotic animals) would amend title 18, United States Code, to prohibit certain interstate conduct relating to exotic animals. 153 Cong. Rec. H11547 (daily ed. Oct. 15, 2007). The bill was referred to the Committee on the Judiciary.
  • H.R. 3830 (DeFazio, D-Or.)(Fisheries Restoration and Irrigation Mitigation Act of 2000) would amend the Bonneville Power Administration portions of the Fisheries Restoration and Irrigation Mitigation Act of 2000 to authorize appropriations for fiscal years 2008 through 2014. 153 Cong. Rec. H11547 (daily ed. Oct. 15, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3839 (Calvert, R-Cal.)(land conveyance) would provide for the conveyance of a small parcel of Natural Resources Conservation Service property in Riverside, California. 153 Cong. Rec. H11638 (daily ed. Oct. 16, 2007). The bill was referred to the Committee on Agriculture.
  • H.R. 3840 (Saxton, R-N.J.)(commercial fishing) would prohibit commercial fishing of Atlantic menhaden for reduction purposes in inland, State, and Federal waters along the Atlantic coast of the United States. 153 Cong. Rec. H11638 (daily ed. Oct. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3841 (Gilchrest, R-Md.)(commercial fishing) would prohibit the commercial harvesting of Atlantic menhaden for reduction purposes in the coastal waters and the exclusive economic zone. 153 Cong. Rec. H11638 (daily ed. Oct. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3847 (Deal, R-Ga.)(Endangered Species Act) would amend the Endangered Species Act of 1973 to provide for the suspension of provisions of the Act during periods of drought with respect to Federal and State agencies that manage Federal river basins that are located in each region affected by the drought. 153 Cong. Rec. H11638 (daily ed. Oct. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3849 (Bishop, R-Utah)(land conveyance) would provide for the conveyance of parcels of land to Mantua, Box Elder County, Utah. 153 Cong. Rec. H11638 (daily ed. Oct. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3858 (Salazar, D-Colo.)(water resources) would improve the further development of water resources in Colorado and New Mexico. 153 Cong. Rec. H11638 (daily ed. Oct. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3859 (Salazar, D-Colo.)(chronic wasting disease in wildlife) would support further research by State departments of wildlife and agriculture, colleges and universities, and related research entities regarding the causes of chronic wasting disease and methods to control the further spread of the disease in deer and elk herds, monitor the incidence of the disease, and support additional State efforts to control the disease. 153 Cong. Rec. H11638 (daily ed. Oct. 16, 2007). The bill was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • H.R. 3878 (McCaul, R-Tex.)(sustainable energy) would authorize the National Science Foundation to accept and use contributed funds from the Department of Energy for certain activities related to the Energy for Sustainability program. 153 Cong. Rec. H11728 (daily ed. Oct. 17, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 3880 (Norton, D-D.C.)(land use) would amend title 40, United States Code, to authorize the National Capital Planning Commission to designate and modify the boundaries of the National Mall area in the District of Columbia reserved for the location of commemorative works of preeminent historical and lasting significance to the United States and other activities, and would require the Secretary of the Interior and the Administrator of General Services to make recommendations for the termination of the authority of a person to establish a commemorative work in the District of Columbia and its environs. 153 Cong. Rec. H11728 (daily ed. Oct. 17, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3883 (Wilson, R-S.C.)(Federal Water Pollution Control Act) would amend the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to give priority consideration to Port Royal Sound, South Carolina, in selecting estuaries of national significance and convening management conferences under the national estuary program. 153 Cong. Rec. H11728 (daily ed. Oct. 17, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H. Con. Res. 229 (Pallone, D-N.J.)(tuna conservation) would express the sense of the Congress that the United States should seek a review of compliance by all nations with the International Commission for the Conservation of Atlantic Tunas' conservation and management recommendations for Atlantic bluefin tuna and other species, and should pursue strengthened conservation and management measures to facilitate the recovery of the Atlantic bluefin tuna. 153 Cong. Rec. H11394 (daily ed. Oct. 9, 2007). The bill was referred to the Committee on Natural Resources.
  • H. Res. 725 (Blumenauer, D-Or.)(Clean Water Act) would recognize the 35th anniversary of the Clean Water Act. 153 Cong. Rec. H11490 (daily ed. Oct. 9, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H. Res. 735 (Honda, D-Cal.)(climate change) would congratulate Vice President Al Gore and the Intergovernmental Panel on Climate Change on receiving the 2007 Nobel Peace Prize and recognize their important work to increase awareness about and evidence of the dangers of global warming. 153 Cong. Rec. H11490 (daily ed. Oct. 9, 2007). The bill was referred to the Committee on Foreign Affairs.
  • H. Res. 739 (Cooper, D-Tenn.)(climate change) would honor Albert Arnold Gore, Jr., and the Intergovernmental Panel on Climate Change, Winners of the 2007 Nobel Peace Prize. 153 Cong. Rec. H11490 (daily ed. Oct. 9, 2007). The bill was referred to the Committee on Foreign Affairs.

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

IN THE STATES

Note: The entries below cover state developments since the last issue of Update. The entries are arranged by state, and within each section, entries are further subdivided by subject matter area. For a cumulative listing of materials reported in 2007, visit our list of Cumulative State Developments Arranged by State, or our list of Cumulative State Developments Arranged by Subject Matter. For state material reported prior to 2007, visit the ELR Archives.

The states below have updates this week:

Alaska Florida Michigan New Hampshire Ohio Washington Colorado Illinois Montana New Mexico Pennsylvania Wisconsin California Indiana Nebraska New York Tennessee   Delaware Maryland Nevada North Carolina Virginia  

ALASKA

Fisheries:

CALIFORNIA

Air:

  • The California Air Resources Board (ARB) will conduct a public hearing to consider approval of modifications to the transportation conformity budgets contained the 2007 Air Quality Management Plan for attaining the federal 8-hour ozone and PM2.5 ambient air quality standards in the South Coast Air Basin and the federal 8-hour ozone standard in the Coachella Valley, as approved by ARB on September 27, 2007. If adopted, ARB will submit these modified elements to the U.S. EPA for approval as a revision to the California SIP. The hearing will be held November 15, 2007. Comments are due November 14, 2007. See http://www.arb.ca.gov/regact/nonreg/scbudget.pdf

Climate:

  • ARB will hold a public workshop to discuss a proposed regulation for mandatory reporting of greenhouse gas emissions. This release begins a formal 45 day comment period on the proposal prior to consideration at a two-day meeting of ARB beginning on December 6, 2007. The hearing will be held October 31, 2007. See http://www.arb.ca.gov/lispub/rss/displaypost.php?pno=787

Wildlife:

  • The Department of Food and Agriculture is soliciting public comment on its proposal to continue the emergency amendment of Section 3423(b) of Title 3 of the California Code of Regulations pertaining to the Oriental Fruit Fly Interior Quarantine and submit a Certificate of Compliance for this action no later than January 16, 2008. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. Comments are due November 26, 2007. See http://www.oal.ca.gov/pdfs/notice/40z-2007.pdf (pp. 1651-1653)
  • The Department of Food and Agriculture is soliciting public comment on its proposal to continue the emergency amendment of Section 3591.6, subsection (a), of Title 3 of the California Code of Regulations pertaining to the Gypsy Moth Eradication Area and submit a Certificate of Compliance for this action no later than January 16, 2008. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. Comments are due November 26, 2007. See http://www.oal.ca.gov/pdfs/notice/40z-2007.pdf (pp. 1653-1654)
  • The Department of Food and Agriculture is soliciting public comment on its proposal to continue the emergency amendment of Section 3433, subsection (b) of the regulations in Title 3 of the California Code of Regulations pertaining to Diaprepes Root Weevil Interior Quarantine and submit a Certificate of Compliance for this action no later than January 16, 2008. A public hearing will be held if any interested person, or his or her duly authorized representative, submits a written request for a public hearing to the Department no later than 15 days prior to the close of the written comment period. Comments are due November 19, 2007. See http://www.oal.ca.gov/pdfs/notice/40z-2007.pdf (pp. 1654-1656)

COLORADO

Air:

Hazardous & Solid Wastes:

Water:

  • The Department of Public Health and Environment Water Quality Control Commission will conduct a public hearing on proposed amendments to Regulation No. 68 - Regulations for Effluent Limitations. Changes include editorial revisions to the Regulations for Effluent Limitations to provide clarity and/or update terminology. The hearing will be held January 14, 2008. See http://www.sos.state.co.us/CCR/RegisterContents.do?Volume=30&Month=10&Year=2007#

DELAWARE

Water:

  • The Delaware River Basin Commission will hold a public hearing to receive comments on proposed amendments to the Commission's Water Quality Regulations, Water Code, and Comprehensive Plan to establish numeric values for existing water quality for the reach of the main stem Delaware River known as the "Lower Delaware" and to assign this reach the Special Protection Water classification "Significant Resource Waters." The hearing will be held December 4, 2007. Comments are due December 6, 2007. See http://regulations.delaware.gov/register/october2007/proposed/11%20DE%20Reg%20376%2010-01-07.htm#P6_52

FLORIDA

Toxic Substances:

  • The Florida Department of Environmental Protection has proposed to amend Rules 62-770.220 and 62-770.900 to incorporate additional noticing provisions enacted by the 2005 Florida Legislature (HB 937). The changes would add language to the rule to reflect legislative changes and clarify rules regarding notification of tenants, teachers, and parents. If requested by October 26, a hearing will be held. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3340/SECTII.pdf (pp. 4604-4609)

Water:

  • The Florida Department of Environmental Protection, Division of Recreation and Parks conducted public hearings to receive public comment regarding the potential extension of the Myakka Wild and Scenic River designation to include portions of the Myakka River in Manatee County and Charlotte County. The hearings were held October 16-18, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3341/SECTVI.pdf (p. 4839)

ILLINOIS

Air:

  • The Pollution Control Board has adopted amendments to 35 Ill. Adm. Code 211 - Definitions and General Provisions. These adopted amendments are intended to meet certain obligations of the State of Illinois to address the requirements of Phase II of the U.S EPA's nitrogen oxides SIP call. Amendments became effective September 25, 2007. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue41.pdf (pp. 14254- 14270)
  • The Pollution Control Board has adopted amendments to 35 Ill. Adm. Code 217 - Nitrogen Oxides Emissions. These adopted amendments are intended to meet certain obligations of the State of Illinois under CAA, 42 U.S.C. § 7401 et seq. Specifically, the amendments satisfy Illinois' obligation to submit a State Implementation Plan to address the requirements of Phase II of the U.S EPA's nitrogen oxides SIP call. Amendments became effective September 25, 2007. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue41.pdf (pp. 14271- 14295)

Water:

  • The Pollution Control Board is soliciting public comment on the proposed adoption of amendments to 35 Ill. Adm. Code 302 - Water Quality Standards. The amendments to Part 302 propose deletion of the existing general use water quality standards for sulfate and total dissolved solids and the addition of two acute aquatic toxicity criterion equations for sulfate at specified ranges of hardness and chlorides in the proposed new Section 302.208(h). Comments are due November 19, 2007. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue40.pdf (13624-13641)
  • The Pollution Control Board is soliciting public comment on the proposed adoption of amendments to 35 Ill. Adm. Code 309.103 - Permits. The amendments to Part 309 propose conforming amendments to clarify that mine discharges are now subject to the water quality standards of Parts 302 and 303. Comments are due November 19, 2007. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue40.pdf (13642-13652)
  • The Pollution Control Board is soliciting public comment on the proposed adoption of amendments to 35 Ill. Adm. Code 405.109 - State and NPDES Permits. The amendments to Part 405 are conforming amendments that are intended to ensure that discharges from abandoned mine related facilities and mining activities are subject to the applicable Subtitle C water quality standards. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue40.pdf (13653-13659)
  • The Pollution Control Board is soliciting public comment on the proposed adoption of amendments to 35 Ill. Adm. Code 406 - Mine Waste Effluent and Water Quality Standards. The amendments to Part 406 propose changes to clarify that mine related discharges are now subject to the Board's general water quality standards. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue40.pdf (13660-13667)
  • The Pollution Control Board is soliciting public comment on the proposed repeal of several sections of 35 Ill. Adm. Code 407 - Compliance and Effective Dates. The Board is proposing to repeal Part 407, as it serves no purpose in the issuance of NPDES permits for mine related facilities and mining activities. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue40.pdf (13668-13671)

INDIANA

Air:

MARYLAND

Air:

  • The Secretary of the Environment adopted amendments to Regulations .01—.03, the repeal of existing Regulations .04 and .05, and new Regulations .04—.09 under COMAR 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications. This action, which was proposed for adoption in 34:14 Md. R. 1311—1322 (July 6, 2007), has been adopted with nonsubstantive changes. Changes become effective October 22, 2007. See http://www.dsd.state.md.us/mdregister/3421/index.htm#DEPARTMENT%20OF%20THE%20ENVIRONMENT

Wildlife:

MICHIGAN

Hazardous & Solid Wastes:

  • The Department of Environmental Quality (DEQ), Waste and Hazardous Materials Division will conduct a public hearing to consider the adoption of amendments to hazardous management rules. These rules are necessary for the DEQ to maintain its federal authorization from the U.S. EPA to administer the state's Hazardous Waste Management Program. According to DEQ, the revisions improve the overall quality of the rules, both in terms of clarification of existing requirements and areas of program coverage; reduce some of the regulatory burdens on the regulated community by providing streamlined and flexible requirements; and provide the clarity necessary to alleviate confusion and inconsistent regulatory interpretations. The hearing will be held October 23, 2007. Comments are due October 30, 2007. See http://www.michigan.gov/documents/cis/MR18_101507_212228_7.pdf (pp. 43-185)

MONTANA

General:

  • The Department of Natural Resources and Conservation will hold a public hearing to consider the adoption of the proposed amendment of ARM 36.12.101, definitions, and ARM 36.12.107, filing fee refunds, and the adoption of New Rule I, objection to application. The hearing will be held November 5, 2007. Comments are due November 5, 2007. See http://sos.mt.gov/arm/Register/archives/MAR2007/MAR07-19.pdf (pp. 1527-1531)

NEBRAKSA

Water:

  • The Department of Environmental Quality will conduct a public hearing to consider the adoption of amendments to Title 123, Rules and Regulations for the Design, Operation and Maintenance of Wastewater Works. The hearing will be held December 7, 2007. See http://www.deq.state.ne.us/Proposed.nsf/Pages/Proposed

NEVADA

Air:

Hazardous & Solid Wastes:

General:

  • The Office of Energy has revised proposed rules which would implement the provisions of A.B. 621 from the 2007 Legislative Session which directs the Director of the Office of Energy to establish a system for rating buildings based upon the Leadership in Energy and Environmental Design Green Building Rating System, and authorizes the Director to grant, under certain conditions, a partial abatement of taxes imposed on real property. See http://www.leg.state.nv.us/register/indexes/DailyUpdates.htm

NEW HAMPSHIRE

Water:

  • The Department of Environmental Services will conduct a public hearing to consider the permanent adoption of interim rules, with revisions, which concern subdivision and individual sewage disposal system design rules. The hearing will be held November 16, 2007. Comments are due November 30, 2007. See http://www.gencourt.state.nh.us/rules/october-19-07.pdf (pp. 10-14)

NEW MEXICO

Water:

NEW YORK

Air:

  • The Department of Environmental Conservation held a public hearing to consider the adoption of revisions to the SIP, concerning the 8-hour NAAQS for ozone in the New York Metropolitan Area and Poughkeepsie area. The hearing was held October 2, 2007. See http://www.dec.ny.gov/environmentdec/38260.html

NORTH CAROLINA

Land Use:

  • The Coastal Resources Commission will conduct a public hearing on proposed amendments to the rule cited as 15A NCAC 07H .0308. The purpose of this action is to add language to 07H .0308(a)(1), which would codify the Commission's authority to renew permits for erosion control structures issued pursuant to a variance granted by the Commission prior to July 1, 1995. The hearing will be held November 29, 2007. Comments are due December 14, 2007. See http://www.ncoah.com/rules/register/Volume22Issue08October152007.pdf (pp. 703-708)

Water:

  • The Commission for Public Health will conduct public hearings on the proposal to adopt the rules cited as 15A NCAC 18A .3801 - .3805. These rules would govern the sampling and testing of well water and reporting of test results for new private drinking water wells. The hearings will be held October 30, November 14, and November 29, 2007. Comments are due December 14, 2007. See http://www.ncoah.com/rules/register/Volume22Issue08October152007.pdf (pp. 708-710)

OHIO

Water:

  • The Ohio Environmental Protection Agency, Division of Drinking and Ground Waters will conduct a public hearing on proposed revisions to the rules of the Ohio Administrative Code which set the monitoring requirements for public water systems to demonstrate compliance with maximum contaminant levels for microbiological contaminants, coliform monitoring requirements, and public notification requirements. The hearing will be held November 16, 2007. Comments are due November 16, 2007. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_39366_20071011_1527.pdf

PENNSYLVANIA

Air:

  • The Department of Environmental Protection will hold a public hearing to receive comments on 12 separate 8-hour ozone maintenance plans and 2002 base-year inventories that will be submitted to the EPA as revisions to the SIP. The hearing will be held November 13, 2007. Comments are due November 16, 2007. See http://www.pabulletin.com/secure/data/vol37/37-41/1870.html

Fisheries:

  • The Department of Environmental Management will conduct a public hearing to consider amendments to fisheries regulations. Public comment will be solicited on the following proposals: the DEM proposed Management Plans for the Shellfish, Finfish, and Crustacean sectors; and amendments to the commercial fishing licensing regulations, titled "Rules and Regulations Governing the Management of Marine Fisheries," consistent, inter alia, with the proposed Management Plans referenced above. The hearing will be held October 24, 2007. Comments are due October 24, 2007. See http://www.dem.ri.gov/programs/bnatres/fishwild/pn102407.htm

Water:

  • The Delaware River Basin Commission (Commission) will hold a public hearing to receive comments on proposed amendments to the Commission's Water Quality Regulations, Water Code and Comprehensive Plan to establish numeric values for existing water quality for the reach of the main stem Delaware River known as the ''Lower Delaware'' and to assign this reach the classification ''Significant Resource Waters." The hearing will be held December 4, 2007. Comments are due December 6, 2007. See http://www.pabulletin.com/secure/data/vol37/37-41/1862.html
  • The Department of Environmental Protection is soliciting public comment on the proposal to revise its NPDES General Permit for Petroleum Product Contaminated Groundwater Remediation Systems for issuance for another five years. Comments are due November 13, 2007. See http://www.pabulletin.com/secure/data/vol37/37-41/1871.html
  • The Susquehanna River Basin Commission will conduct a public hearing on proposed rules that would amend project review regulations to clarify the definition of ''agricultural water use'' and to provide a qualified exception to the consumptive use approval requirements for agricultural water use projects. The hearing will be held November 7, 2007. Comments are due November 15, 2007. See http://www.pabulletin.com/secure/data/vol37/37-41/1863.html

TENNESSEE

Air:

VIRGINIA

Hazardous & Solid Waste:

  • The State Water Control Board will conduct a public hearing to receive comments on proposed amendments to the Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements. The hearing will be held November 15, 2007. The public comment period ends on December 14, 2007. See http://townhall.virginia.gov/L/ViewMeeting.cfm?MeetingID=9956

Water:

  • The Department of Environmental Quality will conduct a public hearing on the development of bacteria TMDLs for shellfish propagation waters in King George County. The shellfish waters are located in VDH Growing Area 001A-036 and include portions of Upper Machodoc Creek, and its tributaries, Williams Creek, Deep Creek, and Gambo Creek. The hearing will be held October 24, 2007. Comments are due November 23, 2007. See http://townhall.virginia.gov/L/ViewMeeting.cfm?MeetingID=9766
  • The TMDL Advisory Committee will conduct a meeting on bacteria TMDLs for the Tidal Freshwater Rappahannock River Basin. The third meeting of the advisory committee assisting in the TMDL study to address elevated levels of bacteria in a 3.8 square mile segment of the tidal freshwater Rappahannock River. The impaired river segment is located in portions of Caroline, King George, Spotsylvania, and Stafford counties, and the city of Fredericksburg. The hearing will be held October 13, 2007. See http://townhall.virginia.gov/L/ViewMeeting.cfm?MeetingID=9766

WASHINGTON

General:

  • The Noxious Weed Control Board will conduct a public hearing to consider the adoption of revisions to Chapter 16-750 WAC, the state noxious weed list and schedule of monetary penalties. The hearing will be held November 14, 2007. Comments are due November 7, 2007. See http://apps.leg.wa.gov/documents/laws/wsr/2007/20/07-20-127.htm

WISCONSIN

Air:

  • The Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. AM-38-07(E) relating to NESHAPs for industrial, commercial and institutional boilers and process heaters. The hearing will be held October 26, 2007. Comments are due November 2, 2007. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html

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

INTERNATIONAL

THREE GORGES DAM FORCES RELOCATION OF 4 MILLION

China’s Three Gorges Dam on the Yangtze River is under more scrutiny than ever, as the Chinese government announced that four million additional residents will need to be relocated on account of environmental damage. The dam, which is slated for completion in 2009, has already forced the relocation of 1.4 million residents of towns which are now underwater. The latest announcement comes on the heels of a September meeting of state officials and researchers, who concluded that the project could become "huge disaster ... if steps are not taken promptly." See http://www.time.com/time/world/article/0,8599,1671000,00.html

CHILEAN STATE MINING COMPANY VIOLATES WATER QUALITY STANDARDS

Chilean legislators expressed outrage upon learning that the Chilean state-owned mining company, CODELCO, was reported to be in egregious violation of wastewater quality standards. Copper and aluminum were found far in excess of legal limits in rivers that CODELCO uses to dispose of its wastewater, along with seven other contaminants. Two legislators have called for company leaders to be held personally liable for the pollution, which poses health concerns for the ecosystem and for humans. See http://www.tcgnews.com/santiagotimes/index.php?nav=story&story_id=14937&topic_id=15

CANADIAN PROVINCE TO PROTECT 95 PERCENT OF CARIBOU RANGE

Last week, government officials of British Columbia announced a plan to preserve 865,000 acres of mountain caribou habitat, in addition to existing reserves. The government will disallow logging and new roads in the protected area, which includes 95 percent of the caribou range in the province. The caribou population in the region has declined twenty percent in the past twelve years. British Columbia is home to the southernmost caribou habitat in the world, and is the only mountainous area where the large mammal lives. See http://www.enn.com/animals/article/23921

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

Note: To order documents or request additional information, please call (800) 433-5120 or (202) 939-3844. Orders may also be sent by e-mail to orders@eli.org or by fax to (202) 939-3817. Please specify the issue of UPDATE about which you are inquiring. In most instances, for the cost of copying and postage, ELR can supply copies of materials cited. Charges for ELR Subscribers are 25 cents/page, $10 minimum; all others, 50 cents/page, $20 minimum. Documents may also be available free or at a nominal charge from the applicable court or agency. Copyright© 2007, Environmental Law Institute, Washington, D.C. All rights reserved.

ELR STAFF

Leslie Carothers, Publisher
Scott Schang, Editor-in-Chief
Linda L. Johnson, Managing Editor
Rachel Jean-Baptiste, Senior Editor
Erin Webreck, Associate Editor
Carolyn Fischer, Books Editor
William J. Straub, Desktop Publisher
April King, Editorial Associate
Amanda Martin, Contributing Editor
Jesse Oppenheimer, Contributing Editor