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Weekly Update Volume 37, Issue 31

11/05/2007

LITIGATION

CWA, NAVIGABLE WATERS, FALSE STATEMENT

The Eleventh Circuit, adopting the Seventh and Ninth Circuits' reading of Rapanos v. United States, 126 S. Ct. 2208 (2006), reversed, vacated and remanded defendants' convictions for their roles in a Clean Water Act conspiracy and for violations under the Clean Water Act where the trial court's definition of "navigable waters" was erroneous. The original indictment alleged inter alia that defendants knowingly discharged pollutants into a nearby creek in violation of the facility's NPDES permit. But the jury instructions failed to include the "significant nexus" criteria from Rapanos or consider the possible physical, chemical, or biological effects of the receiving water upon navigable waters. Even though the government showed that there was a continuous connection between the receiving water and the navigable water in a manner that would likely satisfy Justice Scalia's version of the Rapanos test, only Justice Kennedy's version of the Rapanos test applies. In addition, the conviction based upon making false statements under 18 U.S.C. §1001 is reversed. Even though the underlying document was false, the certification signed by the company employee merely attested that the documents were prepared by other qualified employees and that, based upon inquiry, the employee believed the documents to be accurate. Because there was no showing that the attesting employee knew of the falsehood, the employee's certification was accurate and the company must be acquitted on the charge of knowingly submitting false statements. United States v. Robinson, et al., No. 05-17019, 37 ELR 20265 (11th Cir. Oct. 24, 2007) (45pp.).

NUISANCE, TRESPASS, STRICT LIABILITY, RADIOLOGICAL CONTAMINATION

The Sixth Circuit reversed and remanded summary judgment for defendants on plaintiffs' claims of intentional trespass, permanent private nuisance, and strict liability based on alleged soil and groundwater contamination of their real property from defendant's nearby uranium enrichment facility. Contrary to the district court's ruling, proof of actual harm is not required to state a claim for intentional trespass under Kentucky law. Further, an intrusion or encroachment which is an unreasonable interference with appellants' possessory use is sufficient to show actual injury, and appellants submitted sufficient evidence to submit for trial whether actual injury occurred. The district court's requirement that appellants show that a health hazard exists in order to continue their nuisance claim is contrary to Kentucky law because they may well be able to show a "real and appreciable invasion" of contamination onto their properties. Similarly, appellants have presented genuine issues of material fact sufficient to raise whether abnormally dangerous activity is at issue. Smith v. Carbide & Chems. Corp., No. 04-5323, 37 ELR 20270 (6th Cir. Nov. 2, 2007) (10 pp.).

ADMINISTRATIVE LAW, NEPA, OIL & GAS LAW

The First Circuit denied appellants' motion seeking to reverse a July 2005 order of the Federal Energy Regulatory Commission ("FERC") granting conditional approval for a liquefied natural gas terminal and FERC's denial of appellants' motion to reopen the record. Where an agency's decision is conditional and evaluations are ongoing, the project approval is not ripe for review. Here, other federal agencies have yet to issue necessary approvals, and no hardships will be experienced unless and until the agencies authorize the project. Additionally, there is no abuse of discretion in denying a reopening of the record where new developments would not compel the agency to adopt a contrary result. City of Fall River v. Fed. Energy Regulatory Comm'n, Nos. 06-1203, -2146, 37 ELR 20268 (1st Cir. Oct. 26, 2007) (7 pp.).

RCRA, CITIZEN SUIT, STANDING

A district court denied defendant's motion to dismiss for lack of standing in a citizen suit claim for injunctive relief pursuant to RCRA §7002. The fact that plaintiff did not hold legal title to the property at the commencement of its action does not negate its alleged injury in fact, especially where it has functioned as the owner of the property since 1999. Additionally, legal title is not necessary to commence an action under RCRA. 1100 West, LLC v. RedSpotPaint & Varnish Co., Inc., No.1:05-cv-1670-LJM-WTL, 37 ELR 20266 (S.D. Ind. Oct. 15, 2007) (McKinney, J.) (3 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 amended the federal implementation plans (FIPs) for the clean air interstate rule (CAIR) to provide for automatic withdrawal of the CAIR FIPs in a state upon the Agency’s approval of a full state implementation plan (SIP) revision that meets the CAIR requirements. 72 FR 62337 (11/2/07).
  • EPA proposed to amend the FIPs for the CAIR to provide for automatic withdrawal of the CAIR FIPs in a state upon the Agency’s approval of a full SIP revision that meets the CAIR requirements; see above for direct final rule. 72 FR 62175 (11/2/07).
  • EPA released the final notice of data availability for electric generating units' nitrogen oxide (NOx) annual and NOx ozone season allocations under the CAIR FIP trading programs for years 2009 through 2014. 72 FR 62238 (11/2/07).
  • EPA promulgated a rule for gasoline produced or imported for use in Alaska, Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands so that refiners and importers who produce or import conventional gasoline for use in those areas could have the option to change the way in which they calculate emissions from such gasoline for purposes of establishing their conventional gasoline anti-dumping and toxics performance baselines and determining compliance with their baselines. 72 FR 60570 (10/25/07).
  • EPA delegated authority to Iowa, Kansas, Missouri, and Nebraska for implementation and enforcement of NESHAPs, new source performance standards, and maximum achievable control technology standards. 72 FR 60561 (10/25/07).
  • EPA announced revisions to the plywood and composite wood products NESHAPs to reflect a U.S. Court of Appeals for the District of Columbia Circuit decision that vacated parts of the NESHAPs that included an October 1, 2008, compliance deadline and that created and delisted a low risk subcategory of plywood and composite wood products facilities. 72 FR 61060 (10/29/07).
  • SIP Approvals: California (particulate matter emissions from wood burning appliances and open outdoor fires) 72 FR 61525 (10/31/07). Indiana (clean air interstate rule (CAIR)) 72 FR 59480 (10/22/07). Michigan (recordkeeping and reporting requirements for abnormal conditions) 72 FR 60783 (10/26/07); (consumer products rule) 72 FR 60781 (10/26/07). Nevada (rescission request) 72 FR 62119 (11/2/07). New York (emission statement program for stationary sources) 72 FR 61528 (10/31/07). North Carolina (North Carolina Department of Environment and Natural Resources (NCDENR) regulations) 72 FR 61531 (10/31/07).
  • SIP Proposals: California (particulate matter emissions from wood burning appliances and open outdoor fires; see above for direct final rule) 72 FR 61588 (10/31/07). Indiana (CAIR; see above for direct final rule) 72 FR 59506 (10/22/07). Kentucky (removal of the potentially hazardous matter or toxic substances rule) 72 FR 61087 (10/29/07). Louisiana (reclassification of the Baton Rouge eight-hour ozone nonattainment area) 72 FR 61315 (10/30/07). Michigan (recordkeeping and reporting requirements for abnormal conditions; see above for direct final rule) 72 FR 60793 (10/26/07); (consumer products rule; see above for direct final rule) 72 FR 60793 (10/26/07). North Carolina (NCDENR regulations; see above for direct final rule) 72 FR 61589 (10/31/07). Pennsylvania (eight-hour ozone NAAQS redesignation request, maintenance plan, 2002 base year inventory, and motor vehicle emission budgets for the York area) 72 FR 60296 (10/24/07). Texas (reclassification of the Beaumont/Port Arthur eight-hour ozone nonattainment area) 72 FR 61310 (10/30/07).
  • SIP Withdrawal: Indiana (volatile organic compound rule for fuel grade ethanol production at dry mills) 72 FR 61806 (11/1/07).

GENERAL:

  • Department of Health and Human Services announced the establishment of the Board of Scientific Counselors, Coordinating Center for Health Promotion; the purpose of the board is to ensure that the coordinating center has access to external viewpoints, the capacity to conduct peer review of scientific programs, and perform second level peer-review of research applications. 72 FR 59533 (10/22/07).
  • Department of Health and Human Services announced the establishment of the Board of Scientific Counselors, Coordinating Office for Terrorism Preparedness and Emergency Response; the purpose of the board is to ensure that the coordinating office has access to external viewpoints, the capacity to conduct peer review of scientific programs, and perform second level peer-review of research applications. 72 FR 59533 (10/22/07).
  • Department of Health and Human Services announced the establishment of the Board of Scientific Counselors, National Center for Health Marketing; 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 perform second level peer-review of research applications. 72 FR 59534 (10/22/07).
  • Department of Health and Human Services announced the establishment of the Board of Scientific Counselors, National Center for Injury Prevention and Control; 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 perform second level peer-review of research applications. 72 FR 59534 (10/22/07).

HAZARDOUS & SOLID WASTE:

  • EPA granted Ohio final authorization of the changes to its hazardous waste program under RCRA. 72 FR 61063 (10/29/07).
  • EPA entered into three separate settlements under CERCLA concerning the reimbursement of past response costs incurred at the B&B Manufacturing Superfund site located in Mobile, Alabama. 72 FR 60847 (10/26/07).

MINING:

  • OSM approved an amendment to Kentucky's Abandoned Mine Land Reclamation Plan under SMCRA concerning several revisions that are intended to update and improve the effectiveness of the Plan. 72 FR 59577 (10/22/07).
  • OSM announced receipt of a proposed amendment to Utah's regulatory program under SMCRA concerning revisions to clarify ambiguities and improve operational efficiency. 72 FR 59589 (10/22/07).

OFFICE OF THE PRESIDENT:

  • The President issued Executive Order No. 13449 pertaining to the protection of striped bass and red drum fish populations. 72 FR 60531 (10/24/07).

PESTICIDES:

  • EPA announced the availability of and seeks comment on a draft Pesticide Registration Notice entitled Label Statements Regarding Third-Party Endorsements & Cause Marketing Claims. 72 FR 61638 (10/31/07).

WATER:

  • EPA reissued three NPDES general permits for certain facilities covered under an expired permit that regulated the activities of aquaculture facilities in Idaho and associated on-site fish processors. 72 FR 61877 (11/1/07).
  • EPA announced the availability of its 2007 annual review of existing effluent guidelines and pretreatment standards as well as its Preliminary 2008 Effluent Guidelines Program Plan; the annual review and program plan are a requirement under certain sections of the CWA. 72 FR 61335 (10/30/07).

WILDLIFE:

  • NOAA-Fisheries issued a three-year permit to authorize the incidental, but not intentional, taking of three stocks of endangered marine mammals by the California/Oregon drift gillnet fishery. 72 FR 60814 (10/26/07).
  • NOAA-Fisheries announced temporary restrictions that apply to lobster trap/pot and anchored gillnet fishermen in an area south of Portland, Maine; the purpose of this action is to provide protection to an aggregation of northern right whales. 72 FR 60583 (10/25/07).
  • NOAA-Fisheries announced the rescission of temporary restrictions applied to lobster trap/pot and anchored gillnet fishermen in an area southeast of Machias, Maine, due to a recent survey which indicated that North Atlantic right whales are no longer present in the dynamic area management zone. 72 FR 60280 (10/24/07).
  • FWS designated critical habitat in Monterey County, California, for the endangered Piperia yadonii. 72 FR 60409 (10/24/07).
  • FWS designated critical habitat within the municipalities of Humacao, Juncos, Las Piedras, Maunabo, Patillas, San Lorenzo, and Yabucoa, Puerto Rico, for the frog species guajon. 72 FR 60067 (10/23/07).
  • FWS announced a 90-day finding on a petition to list the mountain whitefish occurring in the Big Lost River in Idaho as threatened or endangered under the ESA; the agency found that listing the species is not warranted at this time. 72 FR 59983 (10/23/07).
  • FWS announced a 90-day finding on a petition to list the summer-run Issaquah Creek kokanee in Issaquah Creek, Washington, as threatened or endangered under the ESA; the agency found that listing the species is not warranted at this time. 72 FR 59979 (10/23/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Wirtshafter. A settling Park System Resource Protection Act defendant who grounded a vessel in Biscayne National Park on April 21, 2000, and damaged the area's seagrass and its habitat must pay $285,000 for response costs and damages. 72 FR 61678 (10/31/07).
  • United States v. Metropolitan Government of Nashville and Davidson County, No. 3:07-CV-1056 (M.D. Tenn. Oct. 24, 2007). A settling CWA defendant who discharged a pollutant from a point source to navigable waters of the United States without a permit and, in some cases, in excess of permit limitations must perform certain injunctive measures, must pay a civil penalty of $564,038, and must perform supplemental environmental projects valued at $2.8 million. 72 FR 61678 (10/31/07).
  • United States v. Nuthen's Purfect, Inc., No. 06-cv-22249 (S.D. Fla. Sept. 17, 2007). A settling Park System Resource Protection Act defendant who grounded a vessel in the Everglades National Park on April 18, 2002, must pay $50,000 for response costs and damages. 72 FR 61679 (10/31/07).
  • United States v. Theochem Laboratories, Inc., No. 4:06-cv-00214 (N.D. Fla. Sept. 18, 2007). A settling CERCLA defendant must pay $175,000 in reimbursement of response costs incurred at the Davis Refining Superfund site in Tallahassee, Florida. 72 FR 61679 (10/31/07).
  • United States v. BK IV AS, LLC, No. 2:07-652-FtM-34-SPC (M.D. Fla. Oct. 11, 2007). A settling CWA defendant who discharged pollutants without a permit into waters of the United States must pay a civil penalty and must restore the impacted areas. 72 FR 60391 (10/24/07).
  • United States v. E.I. du Pont de Nemours and Co., No. 07-CV-1304-MLB (D. Kan. Sept. 28, 2007). Settling CERCLA defendants involved with the release of hazardous substances at the Waco subsite of the Cherokee County Superfund site in Cherokee County, Kansas, and at the Waco Designated Area of the Jasper County Superfund site in Jasper County, Missouri, must perform the estimated $3.09 million remedy for the areas of the Waco Subsite and Waco Designated Area they or their predecessors owned or operated, must pay future oversight costs, and must pay $23,288 in past costs. 72 FR 60391 (10/24/07).
  • United States v. Exxon Mobil Corp., No. 5:07-cv-00400 (E.D.N.C. Oct. 15, 2007). Settling CERCLA defendants must perform all required work at the Gurley Pesticides Burial Superfund site in Selma, North Carolina, must pay $423,148.70 for reimbursement of past response costs, and must pay all interim and future costs incurred at the site. 72 FR 60391 (10/24/07).

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

THE CONGRESS

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

Chamber Action

  • H.R. 1011 (Virginia Ridge and Valley Act of 2007), which would designate additional National Forest System lands in Virginia as wilderness or a wilderness study area, designate the Kimberling Creek Potential Wilderness Area for eventual incorporation in the Kimberling Creek Wilderness, establish the Seng Mountain and Bear Creek Scenic Areas, and provide for the development of trail plans for the wilderness areas and scenic areas, was passed by the House. 153 Cong. Rec. H11900-08 (daily ed. Oct. 23, 2007).
  • H.R. 1483 (Omnibus Parks and Public Lands Management Act of 1996), which would amend the Omnibus Parks and Public Lands Management Act of 1996 to extend the authorization for certain national heritage areas, was passed by the House. 153 Cong. Rec. H11940-65 (daily ed. Oct 24, 2007).
  • H.R. 2262 (Hardrock Mining and Reclamation Act of 2007), which would modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, was passed by the House. 153 Cong. Rec. H12397-H12432 (daily ed. Nov. 1, 2007).

Committee Action

  • S. 635 (methamphetamine production laboratory remediation) was reported by the Committee on Environment and Public Works. S. Rep. No. 110-207, 153 Cong. Rec. S13489 (daily ed. Oct. 26, 2007). The bill would provide for a research program for remediation of closed methamphetamine production laboratories.
  • S. 1347 (Omnibus Indian Advancement Act) was reported by the Committee on Indian Affairs. S. Rep. No. 110-208, 153 Cong. Rec. S13489 (daily ed. Oct. 26, 2007). The bill would amend the Omnibus Indian Advancement Act to modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust and to provide for the conduct of certain activities on the land.
  • S. 1498 (Lacey Act Amendments of 1981) was reported by the Committee on Environment and Public Works. S. Rep. No. 110-210, 153 Cong. Rec. S13520 (daily ed. Oct. 29, 2007). The bill would amend the Lacey Act Amendments of 1981 to prohibit the import, export, transportation, sale, receipt, acquisition, or purchase in interstate or foreign commerce of any live animal of any prohibited wildlife species.
  • S. 2223 (habitat conservation and restoration) was reported by the Committee on Finance. S. Rep. No. 110-205, 153 Cong. Rec. S13362 (daily ed. Oct. 24, 2007). The bill would amend the Internal Revenue Code of 1986 to provide additional tax incentives to promote habitat conservation and restoration.
  • S. 2242 (agricultural disaster assistance, conservation, and alternative energy) was reported by the Committee on Finance. S. Rep. No. 110-206, 153 Cong. Rec. S13437 (daily ed. Oct. 25, 2007). The bill would amend the Trade Act of 1974 to establish supplemental agricultural disaster assistance, amend the Internal Revenue Code of 1986 to provide tax incentives for conservation and alternative energy sources, and provide tax relief for farmers.
  • S. 2286 (natural catastrophe risk management) was reported by the Committee on Banking, Housing, and Urban Affairs. 153 Cong. Rec. S13684 (daily ed. Nov. 1, 2007). The bill would establish a nonpartisan commission on natural catastrophe risk management and insurance.
  • S. Res. 347 (wildlife) was reported by the Committee on the Judiciary. 153 Cong. Rec. S13437 (daily ed. Oct. 25, 2007). The resolution would designate May 2008 as "National Be Bear Aware and Wildlife Stewardship Month."
  • H.R. 53 (land use) was reported by the Committee on Natural Resources. H. Rep. No. 110-399, 153 Cong. Rec. H11845-H11846 (daily ed. Oct. 22, 2007). The bill would authorize the Secretary of the Interior to enter into a long-term lease with the United States Virgin Islands to provide land on the island of Saint John for the establishment of a school.
  • H.R. 523 (Wells Hydroelectric Project) was reported by the Committee on Natural Resources. H. Rep. No. 110-398, 153 Cong. Rec. H11845 (daily ed. Oct. 22, 2007). The bill would require the Secretary of the Interior to convey certain public land located wholly or partially within the boundaries of the Wells Hydroelectric Project of Public Utility District No. 1 of Douglas County, Washington, to the utility district.
  • H.R. 767 (national wildlife refuges) was reported by the Committee on Natural Resources. H. Rep. No. 110-397, 153 Cong. Rec. H11845 (daily ed. Oct. 22, 2007). The bill would protect, conserve, and restore native fish, wildlife, and their natural habitats at national wildlife refuges through cooperative, incentive-based grants to control, mitigate, and eradicate harmful non-native species.
  • H.R. 783 (Mesa Verde National Park) was reported by the Committee on Natural Resources. H. Rep. No. 110-396, 153 Cong. Rec. H11845 (daily ed. Oct. 22, 2007). The bill would modify the boundary of Mesa Verde National Park.
  • H.R. 830 (Denali National Park) was reported by the Committee on Natural Resources. H. Rep. No. 110-395, 153 Cong. Rec. H11845 (daily ed. Oct. 22, 2007). The bill would authorize the exchange of certain lands in Denali National Park in Alaska.
  • H.R. 1205 (Coral Reef Conservation Act of 2000) was reported by the Committee on Natural Resources. H. Rep. No. 110-394, 153 Cong. Rec. H11845 (daily ed. Oct. 22, 2007). The bill would reauthorize the Coral Reef Conservation Act of 2000.
  • H.R. 1462 (Platte River recovery) was reported by the Committee on Natural Resources. H. Rep. No. 110-393, 153 Cong. Rec. H11845 (daily ed. Oct. 22, 2007). The bill would authorize the Secretary of the Interior to participate in the implementation of the Platte River Recovery Implementation Program for Endangered Species in the Central and Lower Platte River Basin, and would modify the Pathfinder Dam and Reservoir.
  • H.R. 2094 (Dwight D. Eisenhower Memorial) was reported by the Committee on Natural Resources. H. Rep. No. 110-392, 153 Cong. Rec. H11845 (daily ed. Oct. 22, 2007). The bill would provide for certain administrative and support services for the Dwight D. Eisenhower Memorial Commission.
  • H.R. 2197 (Hopewell Culture National Historical Park) was reported by the Committee on Natural Resources. H. Rep. No. 110-391, 153 Cong. Rec. H11845 (daily ed. Oct. 22, 2007). The bill would modify the boundary of the Hopewell Culture National Historical Park in Ohio.
  • H.R. 2262 (mining) was reported by the Committee on Natural Resources. H. Rep. No. 110-412 Cong. Rec. H12155 (daily ed. Oct. 29, 2007). The bill would modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims.
  • H.R. 3775 (energy efficiency) was reported by the Committee on Science and Technology. H. Rep. No. 110-401, 153 Cong. Rec. H11846 (daily ed. Oct. 22, 2007). The bill 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.
  • H.R. 3776 (energy storage) was reported by the Committee on Science and Technology. H. Rep. No. 110-402, 153 Cong. Rec. H11846 (daily ed. Oct. 22, 2007). The bill 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.

Bills Introduced

  • S. 2207 (Alexander, R-Tenn.)(National Park System) would direct the Secretary of the Interior to study the suitability and feasibility of designating Green McAdoo School in Clinton, Tennessee, as a unit of the National Park System. 153 Cong. Rec. S13152 (daily ed. Oct. 19, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2211 (Whitehouse, D-R.I.)(ecosystem recovery) would ensure the recovery, resiliency, and health of ocean, coastal, and Great Lakes ecosystems. 153 Cong. Rec. S13152 (daily ed. Oct. 19, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2217 (Inhofe, R-Okla.)(oil and gas income) would amend the Internal Revenue Code of 1986 to extend the taxable income limit on percentage depletion for oil and natural gas produced from marginal properties. 153 Cong. Rec. S13152 (daily ed. Oct. 19, 2007). The bill was placed on Senate Legislative Calendar under General Orders. Calendar No. 440.
  • S. 2220 (Akaka, D-Haw.)(Outdoor Recreation Act of 1963) would amend the Outdoor Recreation Act of 1963 to authorize certain appropriations. 153 Cong. Rec. S13152 (daily ed. Oct. 19, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2223 (Baucus, D-Mont.)(habitat conservation and restoration) would amend the Internal Revenue Code of 1986 to provide additional tax incentives to promote habitat conservation and restoration. 153 Cong. Rec. S13365 (daily ed. Oct. 24, 2007). The bill was placed on Senate Legislative Calendar under General Orders. Calendar No. 442.
  • S. 2224 (Obama, D-Ill.)(nuclear facilities) would require a licensee to notify the Nuclear Regulatory Commission, and the state and county in which a facility is located, whenever there is an unplanned release of radioactive substances. 153 Cong. Rec. S13365 (daily ed. Oct. 24, 2007). The bill was referred to Committee on Environment and Public Works.
  • S. 2229 (Barrasso, R-Wyo.)(land use) would withdraw certain Federal land in the Wyoming Range from leasing and provide an opportunity to retire certain leases in the Wyoming Range. 153 Cong. Rec. S13437 (daily ed. Oct. 25, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2231 (Bingaman, D-N.M.)(cooperative conservation) would authorize the Secretary of the Interior to strengthen cooperative conservation efforts and would reduce barriers to the use of partnerships to enable Federal natural resource managers to meet their obligations. 153 Cong. Rec. S13437 (daily ed. Oct. 25, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2238 (Akaka, D-Haw.)(dam rehabilitation) 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. S13437 (daily ed. Oct. 25, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 2241 (Allard, R-Colo.)(public land) would provide consistent enforcement authority to the Bureau of Land Management, the National Park Service, the United States Fish and Wildlife Service, and the Forest Service to respond to violations of regulations regarding the management, use, and protection of public land under the jurisdiction of those agencies. 153 Cong. Rec. S13437 (daily ed. Oct. 25, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2242 (Baucus, D-Mont.)(agricultural disaster relief, conservation, and alternative energy) would amend the Trade Act of 1974 to establish supplemental agricultural disaster assistance, amend the Internal Revenue Code of 1986 to provide tax incentives for conservation and alternative energy sources, and provide tax relief for farmers. 153 Cong. Rec. S13437 (daily ed. Oct. 25, 2007). The bill was placed on Senate Legislative Calendar under General Orders. Calendar No. 446.
  • S. 2244 (Reid, D-Nev.)(lead) would require the Secretary of Health and Human Services to carry out demonstration projects and outreach programs for the identification and abatement of lead hazards; establish the Joint Task Force on Lead-Based Hazards and the Task Force on Children's Environmental Health and Safety; and strengthen the authority of the Secretary of Housing and Urban Development. 153 Cong. Rec. S13438 (daily ed. Oct. 25, 2007). The bill was referred to the Committee on Finance.
  • S. 2254 (Cochran, R-Miss.)(Mississippi Hills National Heritage Area) would establish the Mississippi Hills National Heritage Area in Mississippi. 153 Cong. Rec. S13520 (daily ed. Oct. 29, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2255 (Hutchison, R-Tex.)(National Trails System Act) would amend the National Trails System Act to provide for studies of the Chisholm Trail and Great Western Trail to determine whether to add the trails to the National Trails System. 153 Cong. Rec. S13520 (daily ed. Oct. 29, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2257 (Biden, D-Del.)(Burmese Freedom and Democracy Act of 2003) would impose sanctions on officials of the State Peace and Development Council in Burma, amend the Burmese Freedom and Democracy Act of 2003 to prohibit the importation of gemstones and hardwoods from Burma, and promote a coordinated international effort to restore civilian democratic rule to Burma. 153 Cong. Rec. S13520-S13521 (daily ed. Oct. 29, 2007). The bill was referred to the Committee on Foreign Relations.
  • S. 2259 (Feinstein, D-Cal.)(Reclamation Wastewater and Groundwater Study and Facilities Act) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Prado Basin Natural Treatment System Project, and would authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project. 153 Cong. Rec. S13579 (daily ed. Oct. 30, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2262 (Domenici, R-N.M.)(Preserve America Program and Save America's Treasures Program) would authorize the Preserve America Program and Save America's Treasures Program. 153 Cong. Rec. S13579 (daily ed. Oct. 30, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2269 (Johnson, D-S.D.)(water supply) would reauthorize the Mni Wiconi Rural Water Supply Project. 153 Cong. Rec. S13624 (daily ed. Oct. 31, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2281 (Levin, D-Mich.) (Thunder Bay National Marine Sanctuary and Underwater Preserve) would expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve. 153 Cong. Rec. S13684 (daily ed. Nov. 1, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2283 (Crapo, R-Idaho)(pack and saddle stock animals) would preserve the use and access of pack and saddle stock animals on public land administered by the National Park Service, Bureau of Land Management, United States Fish and Wildlife Service, and the Forest Service on which there is a historical tradition of the use of pack and saddle stock animals. 153 Cong. Rec. S13684 (daily ed. Nov. 1, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2287 (Feingold, D-Wis.) (hardrock mines) would amend the Internal Revenue Code of 1986 to repeal the percentage depletion allowance for certain hardrock mines. 153 Cong. Rec. S13684 (daily ed. Nov. 1, 2007). The bill was referred to the Committee on Finance.
  • S. 2299 (Snowe, R-Me.)(national aquatic animal health plan) would require the Secretary of Agriculture to establish an advisory committee to develop recommendations regarding the national aquatic animal health plan developed by the National Aquatic Animal Health Task Force. 153 Cong. Rec. S13684 (daily ed. Nov. 1, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • H.R. 3918 (Cummings, D-Md.)(lead hazards) would amend the Internal Revenue Code of 1986 to provide a tax credit for property owners who remove lead-based paint hazards. 153 Cong. Rec. H11846 (daily ed. Oct. 22, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 3924 (Feeney, R-Fla.)(seashore information center) would designate the information center at Canaveral National Seashore as the "T.C. Wilder, Jr., Canaveral National Seashore Information Center." 153 Cong. Rec. H12020 (daily ed. Oct. 24, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3957 (Matherson, D-Utah)(water efficiency) would increase research, development, education, and technology transfer activities related to water use efficiency and conservation technologies and practices at the Environmental Protection Agency. 153 Cong. Rec. H12020 (daily ed. Oct. 24, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 3969 (Mica, R-Fla.)(Robert T. Stafford Disaster Relief and Emergency Assistance Act) would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to dispose of excess materials, supplies, and equipment acquired pursuant to that Act to assist victims of major disasters, emergencies, and incidents. 153 Cong. Rec. H12102 (daily ed. Oct. 25, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 3981 (Miller, D-N.C.)(Preserve America Program and Save America's Treasures Program) would authorize the Preserve America Program and Save America's Treasures Program to preserve historic communities and nationally significant properties or collections. 153 Cong. Rec. H12155 (daily ed. Oct. 25, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 3984 (Altmire, D-Pa.)(Internal Revenue Code of 1986) would amend the Internal Revenue Code of 1986 to make permanent the expensing of certain environmental remediation costs. 153 Cong. Rec. H12155 (daily ed. Oct. 29, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 3989 (McHugh, R-N.Y.)(Clean Air Act) would amend the Clean Air Act to reduce mercury, carbon dioxide, sulfur dioxide, and nitrogen oxide emissions. 153 Cong. Rec. H12155 (daily ed. Oct. 29, 2007). The bill was referred to the Committee on Energy and Commerce, the Committees on Natural Resources, Science and Technology, and Agriculture.
  • H.R. 3998 (Grijalva, D-Ariz.)(natural resource preservation and management) would authorize the Secretary of the Interior to conduct special resources studies of certain lands and structures to determine the appropriate means for preservation, use, and management of the resources associated with such lands and structures. 153 Cong. Rec. H12237 (daily ed. Oct. 30, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4011 (Udall, D-N.M.)(mining reclamation) would facilitate the reclamation of abandoned hardrock mines. 153 Cong. Rec. H12237 (daily ed. Oct. 30, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 4018 (Porter, R-Nev.)(public land use) would authorize the conveyance of certain parcels of public land in Clark County, Nevada, to the City of Mesquite, Nevada, and the Virgin Valley Water District. 153 Cong. Rec. H12383 (daily ed. Oct. 31, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4025 (Boyda, D-Kan.)(Surface Mining Control and Reclamation Act of 1977) would amend the Surface Mining Control and Reclamation Act of 1977 to clarify the minimum distribution under that Act to certain States and Indian tribes. 153 Cong. Rec. H12383 (daily ed. Oct. 31, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4028 (Sandlin, D-S.D.)(water supply) would reauthorize the Mni Wiconi Rural Water Supply Project. 153 Cong. Rec. H12383 (daily ed. Oct. 31, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4033 (Norton, D-D.C.)(land use) would authorize the Secretary of the Interior to enter into a long-term ground lease for the operation and maintenance of Rock Creek, Langston, and East Potomac golf courses. 153 Cong. Rec. H12383 (daily ed. Oct. 31, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4034 (Pearce, R-N.M)(land exchange) would provide for a land exchange involving state land and Bureau of Land Management land in Chaves and Dona Ana Counties, New Mexico, and would establish the Lesser Prairie Chicken National Habitat Preservation Area. 153 Cong. Rec. H12383 (daily ed. Oct. 31, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4027 (Hastings, R-Wash.)(Native American Graves Protection and Repatriation Act) would amend the Native American Graves Protection and Repatriation Act to require a significant relationship be found between remains discovered on Federal lands and presently existing Native American tribes for those remains to be covered under the Native American Graves Protection and Repatriation Act. 153 Cong. Rec. H12383 (daily ed. Oct. 31, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4048 (Lofgren, D-Cal.)(Gulf Coast Civic Works Project) would establish the Gulf Coast Recovery Authority to administer a Gulf Coast Civic Works Project to provide job-training opportunities and increase employment to aid in the recovery of the Gulf Coast region. 153 Cong. Rec. H12454 (daily ed. Nov. 1, 2007). The bill was referred to the Committee on Education and Labor.
  • H.R. 4050 (Giffords, D-Ariz.)(flood protection) would require the Administrator of the Federal Emergency Management Agency to issue guidance providing a process for consideration of the flood protections afforded by certain structures for purposes of the national flood insurance program. 153 Cong. Rec. H12454 (daily ed. Nov. 1, 2007). The bill was referred to the Committee on Financial Services.
  • H.R. 4059 (Inslee, D-Wash.)(renewable energy) would promote electric transmission construction in rural areas with significant renewable energy potential. 153 Cong. Rec. H12454 (daily ed. Nov. 1, 2007). The bill was referred to the Committee on Energy and Commerce, and the Committees on Natural Resources, and Transportation and Infrastructure.
  • H.R. 4062 (Matheson, D-Utah)(Nuclear Waste Policy Act of 1982) would amend the Nuclear Waste Policy Act of 1982 to require commercial nuclear power plant operators to transfer spent nuclear fuel into spent nuclear fuel dry casks at operators' independent spent fuel storage installations that are licensed by the Nuclear Regulatory Commission, would convey to the Secretary of Energy title to all such transferred spent nuclear fuel, and would provide for the transfer to the Secretary operating responsibility for the storage installation together with its Commission license. 153 Cong. Rec. H12454 (daily ed. Nov. 1, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H. Con. Res. 242 (Green, D-Tex.)(natural disaster relief) would recognize the two year anniversary of the earthquake that occurred in northern Pakistan in 2005 and urge the United States to continue to support rebuilding efforts in Pakistan in response to the conditions caused by that earthquake. Cong. Rec. H12102 (daily ed. Oct. 25, 2007). The bill was referred to the Committee on Foreign Affairs.
  • H. Con. Res. 245 (Perlmutter, D-Colo.)(National Renewable Energy Laboratory) would commend the National Renewable Energy Laboratory for its work of promoting energy efficiency. 153 Cong. Rec. H12455 (daily ed. Nov. 1, 2007). The bill was referred to the Committee on Science and Technology.

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

IN THE STATES

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

The states below have updates this week:

Alaska Illinois Maryland Montana New York Utah Arkansas Indiana Massachusetts Nebraska North Carolina Virginia California Iowa Michigan Nevada Oregon Washington Florida Louisiana Minnesota New Hampshire Pennsylvania Wisconsin Georgia Maine Missouri New Mexico Texas  

ALASKA

Land Use:

  • The Alaska Department of Natural Resources has extended the deadline for comment on proposed amendments to Title 11 of the Alaska Administrative Code (AAC), specifically 11 AAC 96.10 dealing with Uses Requiring a Permit, 11 AAC 96.14 dealing with Special Use Lands, 11 AAC 96.18 dealing with Uses Requiring Registration, 11 AAC 96.20 dealing with Generally Allowed Uses, and the proposal to adopt new regulations, specifically 11 AAC 96.015 dealing with Designated Public Use Areas. Comments are now due November 23, 2007. See http://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/2ef8a20dff6f99ea8925737f00036184?OpenDocument

Toxic Substances:

ARKANSAS

Hazardous & Solid Wastes:

CALIFORNIA

Air:

  • The Air Resources Board will conduct a public hearing to consider adoption of amendments to California’s heavy–duty diesel engine test procedures. The proposed amendments would modify the measurement allowances for the regulated gaseous pollutants during heavy–duty diesel in–use compliance testing. The hearing will be held December 6, 2007. Comments are due December 5, 2007. See http://www.oal.ca.gov/pdfs/notice/42z-2007.pdf (pp. 1747-1749)
  • The Air Resources Board will conduct a public hearing to consider adoption of a regulation to reduce emissions of diesel particulate matter and oxides of nitrogen from drayage trucks that operate at ports and intermodal rail yards. Motor carriers that dispatch drayage trucks, port terminals and rail yards, port and rail authorities, drayage truck drivers, and drayage truck owners would be subject to and have responsibilities under this regulation. The hearing will be held December 6, 2007. Comments are due December 5, 2007. See http://www.oal.ca.gov/pdfs/notice/42z-2007.pdf (pp. 1749-1756)
  • The Air Resources Board will conduct a public hearing to consider adoption of regulations to reduce emissions of diesel particulate matter and oxides of nitrogen from the use of diesel–fueled auxiliary engines aboard ocean–going ships while docked, or hotelled, at a California port. The proposed regulations would require some vessels to turn off their auxiliary engines; it is expected, but not required, that many of those vessels would then receive their electrical power from shore while at berth. The regulations will also reduce emissions of carbon dioxide. The hearing will be held December 6, 2007. Comments are due December 5, 2007. See http://www.oal.ca.gov/pdfs/notice/42z-2007.pdf (pp. 1757-1765)

Climate:

  • The Air Resources Board will conduct a public meeting at the time and place noted below to consider the adoption of regulations to require mandatory reporting of greenhouse gas emissions for California facilities. This regulation is being developed pursuant to requirements of the California Global Warming Solutions Act (AB 32, Statutes of 2006, Chapter 488). The hearing will be held December 6, 2007. Comments are due December 5, 2007. See http://www.oal.ca.gov/pdfs/notice/42z-2007.pdf (pp. 1777-1782)

FLORIDA

Wildlife:

  • The Fish and Wildlife Conservation Commission has proposed rules to address the possession and housing of captive wildlife, venomous reptiles and reptiles of concern. The proposed rule amendments should have the effect of clarifying the rules and eliminating inconsistencies between rules and statutes resulting from the passage of Chapter 2007-239, Laws of Florida, during the 2007 legislative session. The proposed rule amendments will also add reporting requirements in the instance of the escape of Class I wildlife. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3344/SECTII.pdf (pp. 5149-5151)

GEORGIA

Air:

  • The Environmental Protection Division of the Georgia Department of Natural Resources will conduct a public hearing on proposed amendments to Georgia’s Rules for Enhanced Inspection and Maintenance, Chapter 391-3-20. The hearing will be held November 27, 2007. Comments are due November 28, 2007. See http://www.gaepd.org/environet/20/notice.pdf

ILLINOIS

Air:

Water:

INDIANA

Air:

IOWA

Toxic Substances:

  • The Environmental Protection Commission will conduct public hearings to receive comments on the Intended Action to amend Iowa Administrative Code Chapter 213, Packaging—Heavy Metal Content. The proposed amendments include the removal of an out–of–date schedule for reducing concentration levels of heavy metals in packaging. The proposed amendments incorporate changes enacted as a result of 2007 Iowa Acts, Senate File 344.  The amendments propose to restrict the liability of distributors for the distribution of toxic packages without knowledge and substitute civil enforcement proceedings for the former criminal enforcement provisions. Hearings will be held November 15-30, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB071024.htm

Water:

  • The Environmental Protection Commission will conduct public hearings to receive comments on the Intended Action to amend Iowa Administrative Code Chapter 61, Water Quality Standards. The amendments concern surface water classifications. Hearings will be held November 15-30, 2007. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB071024.htm

LOUISIANA

Air:

  • The Department of Environmental Quality has adopted amendments to the air regulations, LAC 33:III.510, 603, 605, 607, 613, and 615. This change would repeal and delete references to LAC 33:III.510, which provides for control technology requirements and emission offsets only in Calcasieu Parish. See http://www.doa.la.gov/osr/reg/0710/0710.doc (pp. 2067-2068)
  • The Department of Environmental Quality will conduct a public hearing on proposed amendments to the air regulations, LAC 33:III.507 - Periodic Monitoring. This proposed rule is identical to federal regulations found in 40 CFR 70.6(a)(3)(i)(B), which are applicable in Louisiana. The hearing will be held November 28, 2007. Comments are due November 28, 2007. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/AQ289ftpro.pdf
  • The Department of Environmental Quality will conduct a public hearing on the proposed repeal of LAC 33:III.501, 3003, and 5122. This proposed rule repeals the department’s incorporation by reference of 40 CFR 63, Subpart DDDDD—National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters and the September 22, 2005, revisions to the definitions of commercial and industrial solid waste incineration unit, commercial or industrial waste, and solid waste found in 40 CFR 60.2265 and 60.2875. The hearing will be held November 28, 2007. Comments are due November 28, 2007. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/AQ290ftpro.pdf

Hazardous & Solid Wastes:

  • The Department of Environmental Quality will conduct a public hearing on proposed amendments to LAC 33:V.709 - Evidentiary Hearings on Hazardous Waste Permit Applications. This proposed rule revises the circumstances for which an evidentiary hearing is held for operating permit applications for commercial hazardous waste treatment, storage, disposal, or recycling facilities under LAC 33:V.709. The hearing will be held November 28, 2007. Comments are due December 5, 2007. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/HW101pro.pdf

Toxic Substances:

  • The Department of Environmental Quality will conduct a public hearing on proposed amendments to LAC 33:XI.1121 - Motor Fuels UST Trust Fund Procedures. This proposed rule provides for the use of a lien in substitute for the owner's financial responsibility required by law for an underground storage tank owner who has established inability to pay and who has ceased operations. In addition, the rule provides that the use of the lien be limited to 20 percent of the amount collected in the previous fiscal year. The hearing will be held November 28, 2007. Comments are due December 5, 2007. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/UT012pro.pdf

Water:

  • The Department of Environmental Quality has adopted amendments to the water quality regulations, LAC 33:IX.2315, 2501, 2707, 3113, 4730, 4735, and 4761-4779. This rule is identical to federal regulations found in 71 FR 35006, June 16, 2006; 71 FR 68492, November 27, 2006; and 72 FR 37107-37109, July 9, 2007, which are applicable in Louisiana. See http://www.doa.la.gov/osr/reg/0710/0710.doc (pp. 2069-2077)

General:

  • The Department of Environmental Quality has adopted amendments to the environmental quality regulations, LAC 33:I, III, V, VI, VII, IX, XI, and XV, concerning Departmental Designations. See http://www.doa.la.gov/osr/reg/0710/0710.doc (pp. 2077-2092)
  • The Department of Environmental Quality will conduct a public hearing on proposed amendments to LAC 33:I.3931; III.111, 2121, 2125, 2145, 2147, and 2201; V.109, 1113, 1127, 1315, 1319, 1517, 4397, and 4999; IX.2707, 4905, and 6125; and XI.707. This proposed rule corrects miscellaneous outline numbering and wording errors that have been discovered in the Louisiana Administrative Code Title 33, Environmental Quality. The hearing will be held November 28, 2007. Comments are due December 5, 2007. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/MM005pro.pdf

MAINE

Land Use:

Water:

  • The Board of Environmental Protection is soliciting public comment on proposed amendments to Ch. 528, Pretreatment Program. This proposed rule amends the rule originally adopted in 1999. This is a routine periodic update of an existing rule being done to maintain consistency with EPA’s parallel regulations and to make various administrative changes. This Chapter describes the regulatory requirements for the execution of an Industrial Pretreatment Program, parallel with 40 CFR Part 403. Changes to the Federal regulation, collectively referred to as the “Pretreatment Streamlining Rule,” effective November 14, 2005, are incorporated therein. Comments are due November 23, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/102407.htm

MARYLAND

Fisheries:

  • The Secretary of Natural Resources adopted amendments to Regulation .03 under COMAR 08.02.04 - Oysters. This action, which was proposed for adoption in 34:18 Md. R. 1584 (August 31, 2007), has been adopted as proposed. Changes become effective November 5, 2007. See http://www.dsd.state.md.us/mdregister/3422/main_register.htm

Land Use:

  • The Department of Natural Resources adopted amendments to Regulation .03 under COMAR 08.07.05 Woodland Incentive Program. This action, which was proposed for adoption in 34:18 Md. R. 1587 (August 31, 2007), has been adopted as proposed. Changes become effective November 5, 2007. See http://www.dsd.state.md.us/mdregister/3422/main_register.htm

MASSACHUSETTS

Air:

  • The Department of Environmental Protection will hold a public hearing on proposed amendments to 310 CMR 7.00.  It is proposed to amend regulations 310 CMR 7.00 to address a number of issues: update list of Massachusetts cities and towns to reflect changes in regional boundaries; clarify the particulate emissions limits to which engines and turbines are subject; add a new organic material emissions cap (<10 tons per year) to several sections of 7.03 to streamline the process for owners/operators of "small" facilities to limit potential emissions below the Source Registration and annual compliance fee thresholds; and modify the Boiler - ERP requirements, 310 CMR 7.26(30)-(37).  These amendments will be proposed as a revision to the Massachusetts SIP. The hearings will be held March 20 and 21, 2007. Comments are due March 23, 2007. See http://www.mass.gov/dep/public/hearings/blrphn.htm

Water:

  • The Massachusetts Department of Environmental Protection will hold public hearings on proposed revisions to 310 CMR 22.00: Drinking Water. The major focus of the proposed revisions addresses the amendment to the Safe Drinking Water Act in 2006 to include two new rules, the Long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfection Byproducts Rule. The hearings will be held November 28 and 29, 2007. Comments are due December 10, 2007. See http://www.mass.gov/dep/public/hearings/dwregs.htm

MICHIGAN

Air:

  • The Department of Environmental Quality is soliciting public comment on Michigan’s Regional Haze SIP proposed for Michigan’s two Class I areas, Isle Royale National Park and Seney Wilderness Area. If requested by November 29, 2007, a hearing will be held December 4, 2007. Comments are due November 29, 2007. See http://www.michigan.gov/documents/deq/deq-ess-calendar-dq102907_213513_7.pdf

MINNESOTA

Water:

  • The Pollution Control Agency is soliciting public comment on the 2008 Nonpoint Source Management Program Plan (NSMPP). The NSMPP lays out the approaches the State is taking to address various types and sources of nonpoint source water pollution. Comments are due November 30, 2007. See http://www.comm.media.state.mn.us/bookstore/stateregister/32_18.pdf (pp. 781-782)

MISSOURI

Air:

Hazardous & Solid Wastes:

Water:

Wildlife:

  • The Department of Conservation is soliciting public comment on proposed amendments to 3 CSR 10-4.130 - Owner May Protect Property; Public Safety. This amendment clarifies that, in addition to provisions in this rule, federal regulations apply to control measures involving damage by migratory birds including raptors. Comments are due December 1, 2007. See http://www.sos.mo.gov/adrules/moreg/current/2007/v32n21/v32n21.pdf (pp. 2129-2130)

MONTANA

Air:

Water:

NEBRAKSA

Hazardous & Solid Wastes:

  • The Department of Environmental Quality will conduct a public hearing to consider the adoption of amendments to Title 132 - Integrated Solid Waste Management Regulations. Adoption of these proposed amendments will reflect statutory requirements LB263 (Legislative Bill) allowing minor modifications to solid waste management permits without requiring public notice or a hearing. The hearing will be held December 7, 2007. See http://www.deq.state.ne.us/Proposed.nsf/Pages/Proposed

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 purpose of this rulemaking is to clarify the process for issuing operating permits to major sources comprised of different persons, as defined in Chapter 1. The hearing will be held December 7, 2007. See http://www.deq.state.ne.us/Proposed.nsf/Pages/Proposed

NEVADA

Air:

  • The State Environmental Commission has proposed revisions to provisions governing the issuance of a waiver for vehicles that do not meet emission control compliance standards. See http://www.leg.state.nv.us/register/2007Register/R171-07I.pdf
  • The State Environmental Commission has adopted a regulation relating to air pollution that revises certain provisions that adopt by reference federal regulations and provides for other matters relating thereto. These changes became effective October 31, 2007. See http://www.leg.state.nv.us/register/2007Register/R057-07A.pdf
  • The State Environmental Commission has adopted amendments to regulations relating to mercury emissions; increasing the amount of the annual maintenance fee imposed on the operator of a thermal unit that emits mercury; and providing other matters properly relating thereto. These changes became effective October 31, 2007. See http://www.leg.state.nv.us/register/2007Register/R056-07A.pdf
  • The State Environmental Commission has proposed revisions to the Nevada Clean Air Mercury Rule Program to reflect changes in federal regulations; to provide that a mercury allowance does not constitute a property right; to require a mercury allowance allocation request to be based on authorized limits for emissions; to set forth the requirements for public participation in determining the amount of certain mercury credits that are available for auction or sale; and to provide for other matters relating thereto. See http://www.leg.state.nv.us/register/2007Register/R143-07P.pdf

Water:

  • The State Environmental Commission has adopted amendments to regulations relating to water controls; revising provisions governing the stabilization of spent ore before discharge into the environment; and providing other matters relating thereto. These changes became effective October 31, 2007. See http://www.leg.state.nv.us/register/2006Register/R141-06A.pdf

NEW HAMPSHIRE

Water:

  • The Department of Environmental Services has proposed the adoption of interim rules regarding Surface Water Quality Standards. If the proposed rules are not adopted, the existing rules will expire and as of December 20, 2007, the only state water quality standards in effect would be the standards of specified in RSA 485-A:8. See http://www.gencourt.state.nh.us/rules/november-2-07.pdf (p. 7)

NEW MEXICO

Air:

  • The New Mexico Environmental Improvement Board will open a public hearing for the purpose of taking public comment in the matter in EIB No. 07-09 (R), the New Mexico Environment Department's proposal to adopt a new regulation, 20.2.88 NMAC (Emissions Standards for New Motor Vehicles). The hearing will be held November 14, 2007. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii20/EIBnotice1.htm
  • The New Mexico Environmental Improvement Board will hold a public hearing for the purpose of hearing the matter in EIB No. 07-13 (R), the New Mexico Environment Department's proposal to adopt a new regulation, 20.2.86 NMAC (Best Available Control Technology for Mercury at New Power Plants). The hearing will be held January 7, 2008. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii20/EIBnotice2.htm
  • The Environmental Improvement Board has adopted amendments to 20.2.35 NMAC - Natural Gas Processing Plant - Sulfur, concerning stack height. Changes become effective November 10, 2007. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii20/20.2.35amend.htm

Toxic Substances:

  • The New Mexico Environmental Improvement Board will hold a public hearing for the purpose of hearing the matter in EIB No. 07-11(R), the New Mexico Environment Department's proposal to adopt amendments to 20.5.1 NMAC (General Provisions), 20.5.2 NMAC (Registration of Tanks), 20.5.3 NMAC (Annual Fee), 20.5.4 NMAC (New and Upgraded Storage Tank Systems: Design, Construction and Installation), 20.5.5 NMAC (General Operating Requirements), 20.5.6 NMAC (Release Detection), 20.5.8 NMAC (Out-of-Service Systems and Closure) and 20.5.14 NMAC (Certification of Tank Installers). The hearing will be held January 7, 2008. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii20/EIBnotice3.htm

NEW YORK

Climate:

  • The Energy Research and Development Authority will conduct a public hearing on the proposed addition of Part 507 to Title 21 NYCRR, which would create the CO2 Allowance Auction Program to operate in conjunction with the Department of Environmental Conservation CO2 Budget Trading Program. Hearings will be held December 10-14, 2007. Comments are due December 24, 2007. See http://www.dos.state.ny.us/info/register/2007/oct24/pdfs/rules.pdf (pp. 12-16)

NORTH CAROLINA

Land Use:

  • The Coastal Resources Commission will conduct a public hearing on proposed amendments to the rules cited as 15A NCAC 07B .0802, 07H .0209, .0305-.0306, .0312, concerning coastal land use. The hearing will be held November 29, 2007. Comments are due December 31, 2007. See http://www.ncoah.com/rules/register/Volume22Issue09November12007.pdf (pp. 791-807)

OREGON

Climate:

  • The Department of Energy will conduct a public hearing to consider the adoption of rules to establish a renewable energy certificate tracking and reporting system for the Oregon Renewable Portfolio Standard. The hearing will be held December 5, 2007. Comments are due December 11, 2007. See http://arcweb.sos.state.or.us/rules/1107_Bulletin/1107_rulemaking_bulletin.html
  • The Department of Energy is will conduct a public hearing to consider the adoption of amendments to Business Energy Tax Credit program rules. This rulemaking was initially noticed in the October 1, 2007 Secretary of State’s Bulletin. However, the Department of Energy is renoticing the rulemaking and extending the comment date because of an error in the Statement of Need and Fiscal Impact. There are no changes to the initial rule summary. The hearing will be held November 15, 2007. Comments are due November 15, 2007. See http://arcweb.sos.state.or.us/rules/1107_Bulletin/1107_rulemaking_bulletin.html
  • The Department of Energy will conduct a public hearing to consider the adoption of amendments to rules concerning biofuels consumer income tax credit procedures. The hearing will be held November 16, 2007. Comments are due November 27, 2007. See http://arcweb.sos.state.or.us/rules/1107_Bulletin/1107_rulemaking_bulletin.html
  • The Department of Energy will conduct a public hearing to consider the adoption of rules requiring 1.5% of public construction contracts to be dedicated to solar energy. The hearing will be held December 4, 2007. Comments are due December 5, 2007. See http://arcweb.sos.state.or.us/rules/1107_Bulletin/1107_rulemaking_bulletin.html

Toxic Substances:

PENNSYLVANIA

Air:

  • The Environmental Quality Board announces revised dates for the public comment period and public hearings for the proposed rulemaking to amend Chapter 130, Subchapter B, relating to consumer products. The proposed rulemaking will amend the Table of Standards to add volatile organic compound (VOC) content limits for an additional 11 categories of consumer products and amend the VOC content limits for one category of consumer products currently regulated. Hearings will be held November 26, 2007. Comments are due December 26, 2007. See http://www.pabulletin.com/secure/data/vol37/37-43/1985.html

TEXAS

Water:

  • The Texas Water Development Board is soliciting public comment on proposed amendments to §§356.1 - 356.7, 356.9, and 356.10; the repeal of §§356.11 - 356.13 and addition of new §§356.11 - 356.12 of Subchapter A, concerning Groundwater Management Plan Approval; the amendment to §356.22 dealing with the Designation of Groundwater Management Areas under Subchapter B; and new Subchapter C, §§356.31 - 356.35, addressing the Submittal of Desired Future Conditions; and new Subchapter D, §§356.41 - 356.46, to govern Appealing Approval of Desired Future Conditions. Comments are due November 18, 2007. See http://www.sos.state.tx.us/texreg/archive/October192007/PROPOSED/31.NATURAL%20RESOURCES%20AND%20CONSERVATION.html#25

UTAH

  • The Department of Environmental Quality is soliciting public comment on proposed amendments to R311-401-2, Utah Hazardous Substances Priority List. The purpose of the amendments is to add the Five Points PCE Plume site to the hazardous substances priority list. In addition, several sites included in the proposed national priority list sites section of the hazardous substances priority list are being moved to the national priority list sites section. See http://www.rules.utah.gov/publicat/bull_pdf/2007/b20071101.pdf (pp. 59-60)

VIRGINIA

Air:

  • The Department of Environmental Quality will conduct a public hearing on a proposed revision to the SIP. The proposed revision consists of a certification that the Commonwealth is meeting the requirements of § 110(a)(2) of the CAA, which contains general SIP infrastructure requirements. The hearing will be held December 5, 2007. See http://townhall.virginia.gov/L/ViewMeeting.cfm?MeetingID=10091

WASHINGTON

Air:

Hazardous & Solid Wastes:

  • The Department of Ecology has adopted amendments to the Electronic Product Recycling Program, Chapter 173-900 WAC and Dangerous Waste Regulations, Chapter 173-303 WAC, to implement chapter 70.95N RCW, passed by the 2006 legislature. This is Phase 2 of the rule making and will focus on writing rules to implement the portions of the law that were not addressed in phase 1. See http://www.ecy.wa.gov/biblio/0707039.html

WISCONSIN

Water:

  • The Department of Natural Resources will hold public hearings on revisions to chs. NR 320, 323, 328, 329, 341, 343 and 345, Wis. Adm. Code, relating to general permit criteria requiring decontamination of equipment for invasive species and viruses. This rule will modify the existing rules to establish a new exemption and general permit criteria requiring decontamination of equipment for invasive species and viruses (including but not limited to Viral Hemorrhagic Septicemia). Hearings will be held November 12 and 16, 2007. See http://www.legis.state.wi.us/rsb/code/register/reg622b.pdf (pp. 15-16)

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

INTERNATIONAL

EGYPT TO DEVELOP NUCLEAR POWER NETWORK

  • Egypt announced last week that it would develop several nuclear power plants. Egypt’s energy use has increased an average of seven percent each year recently, and Egyptian president Hosni Mubarak believes that energy production is crucial to the development of the nation. Egypt froze all nuclear activities after the meltdown at Chernobyl in 1986, apart from a singular nuclear research facility. The United States has pledged support for the project, and U.S. officials have asserted that the Egyptian program bears no resemblance to controversial nuclear activities in Iran. See http://news.bbc.co.uk/2/hi/middle_east/7067378.stm

GERMANY AND INDIA JOIN FORCES ON SCIENCE RESEARCH

  • Germany and India have developed a plan for a scientific alliance, with a particular focus on climate change and clean energy technology. The two nations have pledged US$15 million to develop a research center in Delhi, India in the next five years. Officials from both nations also signed several memoranda of agreement on research cooperation. One of the stated priority projects will be research on “lean manufacturing,” the development of products which are more durable and cost-effective to produce. See http://www.enn.com/business/article/24185

SOUTH AFRICA POSTPONES ABALONE FISHERY BAN

  • South Africa has delayed its ban on abalone fishing for six months, the government announced last week, only days before it was set to be implemented. South African fishers send the shellfish to Asian nations, where it is a delicacy. However, stocks have become severely depleted after illegal fishing skyrocketed in the past decade, despite stringent limits on fishing abalone in the wild. The minister of environmental affairs explained that there was no “basis for any urgent or other application.... I'm very confident that legally we are absolutely in the clear on this issue.” After the official announcement, an influential trade union joined forces with fishermen in a legal battle against the ban. See http://www.reuters.com/article/environmentNews/idUSL3117983220071031?feedType=RSS&feedName=environmentNews

 

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