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Weekly Update Volume 37, Issue 33

11/19/2007

LITIGATION


ENERGY POLICY AND CONSERVATION ACT, CAFE STANDARDS, GREENHOUSE GASES

The Ninth Circuit reversed and remanded to the National Highway Traffic Safety Administration ("NHTSA") its recent rule that set, inter alia, corporate average fuel economy ("CAFE") standards for light trucks, including many SUVs and other vehicles. The petition of public interest groups and thirteen states is granted because the rule is arbitrary and capricious and contrary to the Energy Policy and Conservation Act in its failure to monetize the value of carbon emissions, its failure to close an SUV loophole, and its failure to set fuel economy standards for all vehicles in a particular weight class. Additionally the agency's Environmental Assessment is inadequate because it failed to consider all environmental impacts including cumulative impacts on climate change, and a substantial question is raised regarding the potentially significant environmental impacts of the rule, which triggers full environmental impact evaluation under NEPA. On the basis of this ruling, NHTSA is required to complete a full environmental review and promulgate a new rule consistent with the framework set forth in the opinion as expeditiously as possible and for the earliest model year practicable. Center for Biological Diversity v. National Highway Traffic Safety Administration, No. 06-71891, 37 ELR 20281 (9th Cir. Nov 15, 2007) (93 pp.)

NEPA, CZMA, SONAR

The 9th Circuit remanded for further proceedings environmental advocacy group’s motion for an injunction prohibiting the Navy from using mid-frequency sonar during its remaining training exercises, and vacated the current stay on the injunction upon completion of the Navy’s training exercise now underway. Plaintiffs met the necessary burden of proof by demonstrating a strong likelihood of success on the merits of their NEPA and CZMA claims as well as the possibility of irreparable harm. In light of the Navy’s past use of mitigation measures to reduce harmful effects of sonar, the matter is remanded to the district court to enter a modified preliminary injunction containing appropriate mitigating conditions. Natural Resources Defense Council, Inc. v. Winter, No. 07-56157, 37 ELR 20283 (9th Cir. Nov 13, 2007) (2 pp.)

CWA, STANDING, MOTION TO INTERVENE

A district court denied environmental group’s motion to intervene in a challenge against the Army Corps of Engineer’s authority to regulate upland ditches through its nationwide CWA permits, but allowed the environmental group to participate in the action as amicus curiae. Constitutional standing to intervene is predicated on a demonstration of actual injury to the organization or its members and cannot be based merely on alleged injuries to the environment. Such standing is denied where, as here, the movant asserts generalized ecological damages that may result if the plaintiff succeeds in deregulating upland ditches because such assertions are speculative and do not demonstrate a concrete injury. Permissive intervention is also denied where no harm is demonstrated, and the movant lacks an independent basis for subject matter jurisdiction. National Association of Homebuilders v. United States Army Corps of Engineers, No. 07-0972 (RMU), 37 ELR 20282 (D.D.C. Nov. 6, 2007) (Urbina, J.) (3 pp.)

TITLE INSURANCE, ABANDONED SEPTIC TANK

The Pennsylvania Superior Court affirmed a lower court’s grant of summary judgment in favor of appellee title insurance company finding that the undisclosed existence of an abandoned septic tank was not a defect in title within the meaning of appellant’s title insurance policy. Title insurance protects a property owner against loss by reason of defective title and encumbrances; one can hold perfect title to land that is valueless and can have marketable title to land while the land itself is unmarketable. Here the appellant confused loss of economic value of the property due to the existence of the septic tank with title marketability. Rood v. Commonwealth Title Insurance Co., No. 449 EDA 2007, 37 ELR 20284 (Pa. Super. Ct. Oct. 18, 2007) (7 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 took direct final action on motor vehicle refrigerant recovery and recycling equipment standards by updating its reference to the new Society of Automotive Engineers (SAE) standards. 72 FR 63490 (11/9/07).
  • EPA proposed to update motor vehicle refrigerant recovery and recycling equipment standards by updating its reference to the new SAE standards; see above for direct final rule. 72 FR 63535 (11/9/07).    
  • EPA designated two new equivalent methods for monitoring ambient air quality—one for measuring concentrations of ozone and one for measuring concentrations of sulfur dioxide. 72 FR 63176 (11/8/07).
  • SIP Approvals: California (permitting requirements) 72 FR 63107 (11/8/07). Colorado (particulate matter with a diameter of 10 microns or less (PM10) maintenance plan) 72 FR 62571 (11/6/07). Louisiana (eight-hour ozone maintenance plans for the parishes of Beauregard, Grant, and St. Mary) 72 FR 62579 (11/6/07).
  • SIP Proposals: Colorado (PM10 maintenance plan; see above for direct final rule) 72 FR 62615 (11/6/07). Connecticut (interstate transport of air pollutants) 72 FR 62420 (11/5/07). Delaware (transportation conformity regulations) 72 FR 62807 (11/7/07). Louisiana (eight-hour ozone maintenance plans for the parishes of Beauregard, Grant, and St. Mary; see above for direct final rule) 72 FR 62616 (11/6/07). Massachusetts (transit system improvements) 72 FR 62422 (11/5/07). West Virginia (eight-hour ozone maintenance plan and amendments to the one-hour ozone maintenance plan) 72 FR 62809 (11/7/07).
  • SIP Withdrawal: West Virginia (clean air interstate rule nitrogen oxides (NOx) annual and NOx ozone season trading programs) 72 FR 62788 (11/7/07).

HAZARDOUS & SOLID WASTE:

  • EPA entered into a proposed administrative settlement under CERCLA concerning part of the PCB Treatment Inc. Superfund site located in Kansas City, Kansas, that requires the settling party to pay $5,000 in past response costs to the hazardous substance Superfund. 72 FR 62853 (11/7/07).

WILDLIFE:

  • NOAA-Fisheries re-proposed, with some modifications, the chain mat dredges requirements it issued in 2006 to help reduce mortality and injury to endangered and threatened sea turtles captured in scallop dredge gear. 72 FR 63537 (11/9/07).
  • FWS announced that Vancouver Island is a significant portion of the goshawk's range and that listing the subspecies as threatened or endangered on Vancouver Island is warranted; in addition, the agency found that the subspecies' populations in Alaska and British Columbia constitute distinct population segments (DPS) of the Queen Charlotte goshawk and determined that the entire British Columbia DPS warrants listing as threatened or endangered but that listing the Alaska DPS as threatened or endangered is not warranted at this time. 72 FR 63123 (11/8/07).
  • FWS revised its February 2, 2005 (70 FR 5404), proposed rule to remove the Preble's meadow jumping mouse from the list of endangered and threatened wildlife; the agency now proposes to amend the listing for the Preble's meadow jumping mouse to specify over what portion of its range the subspecies is threatened. 72 FR 62991 (11/7/07).
  • NOAA-Fisheries announced temporary restrictions that apply to lobster trap/pot and anchored gillnet fishermen in an area southeast of Portland, Maine, to protect an aggregation of northern right whales. 72 FR 62587 (11/6/07).
  • FWS revised the designation of critical habitat to approximately 84,865 acres in Miami-Dade County, Florida, for the endangered Cape Sable seaside sparrow. 72 FR 62735 (11/6/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Acadia Woods Add. #2 Sewer Co., No. 6:98-0687 (W.D. La. Nov. 1, 2007). A consent decree issued in 2000 must be modified to adjust its stipulated penalty provisions and its plan and schedule so that Total Environmental Solutions, Inc., brings the sewage treatment plants it purchased into compliance with the Clean Water Act. 72 FR 63185 (11/8/07).
  • United States v. Andruss Family Trust, No. 2:07-cv-06873 FMC (C.D. Cal. Oct. 23, 2007). Settling CERCLA defendants must pay EPA $3,350,000 and must pay the California Department of Toxic Substances Control $100,000 in reimbursement of response costs incurred or to be incurred in connection with the release or threatened release of hazardous substances at the South El Monte Operable Unit of the San Gabriel Valley Area 1 Superfund site in South El Monte, California. 72 FR 63185 (11/8/07).
  • In re ASARCO LLC, No. 05-21207 (Bankr. S.D. Tex. Oct. 26, 2007). Settling CERCLA defendants must pay the United States $144,000,000 for past and future response costs and natural resource damages incurred at the Tar Creek Superfund site in Ottawa County, Oklahoma; the Cherokee County Superfund site in Cherokee County, Kansas; the Oronogo-Duenweg Lead Mining Belt Superfund site in Jasper County, Missouri; and the Newton County Mine Tailings Superfund site in Newton County, Missouri (the Tri-State Mining District sites)and must pay Kansas, Missouri, and Oklahoma $3,250,000, $3,250,000, and $7,500,000, respectively, to resolve claims relating to the Tri-State Mining District sites. 72 FR 63186 (11/8/07).
  • United States v. Sea Bay Development Corp., No. 2:06-cv-624 (E.D. Va. Oct. 26, 2007). Settling CWA defendants who discharged dredged or fill material and/or controlled and directed the discharge of dredged or fill material into waters of the United States without a permit at an approximately 1,560-acre property located in Chesapeake, Virginia, must collectively pay a civil penalty of $100,000, must restore and mitigate a portion of the property consisting of approximately 873 acres of wetlands, and must preserve in perpetuity of that portion under a conservation easement or deed restriction. 72 FR 63186 (11/8/07).

GUIDANCE DOCUMENTS:

  • EPA announced the availability of a Pesticide Registration Notice titled Labeling Revisions Required by the Final Rule 'Pesticide Management and Disposal; Standards for Pesticide Containers and Containment.' 72 FR 62852 (11/7/07).

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

THE CONGRESS

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

Public Laws

  • H.R. 1495 (water conservation and development), which provides for the conservation and development of water and related resources and authorizes the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, was signed into law by President Bush on November 8, 2007. Pub. L. No. 110-114, 153 Cong. Rec. D1503 (daily ed. Nov. 13, 2007).

Committee Action

  • S. 311 (Horse Protection Act) was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 110-229, 153 Cong. Rec. S14397 (daily ed. Nov. 14, 2007). The bill would amend the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption.
  • H.R. 1534 (mercury) was reported by the Committee on Energy and Commerce. H. Rep. No. 110-444, 153 Cong. Rec. H13858 (daily ed. Nov. 13, 2007). The bill would prohibit the sale, distribution, transfer, and export of mercury.

Bills Introduced

  • S. 2354 (Crapo, R-Idaho)(land conveyance) would direct the Secretary of the Interior to convey 4 parcels of land from the Bureau of Land Management to Twin Falls, Idaho. 153 Cong. Rec. S14398 (daily ed. Nov. 14, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2355 (Cantwell, D-Wash.)(National Climate Program Act) would amend the National Climate Program Act to enhance the ability of the United States to develop and implement climate change adaptation programs and policies. 153 Cong. Rec. S14398 (daily ed. Nov. 14, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2357 (Burr, R-N.C.)(Wild and Scenic Rivers Act) would amend the Wild and Scenic Rivers Act to designate the Perquimans River and the tributaries of the Perquimans River in Perquimans County, North Carolina, for study for potential addition to the National Wild and Scenic Rivers System. 153 Cong. Rec.S14488 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2364 (Burr, R-N.C.)(Pisgah National Forest) would adjust the boundaries of Pisgah National Forest in McDowell County, North Carolina. 153 Cong. Rec. S14488 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • H.R. 4155 (Shuler, D-N.C.)(Pisgah National Forest) would adjust the boundaries of Pisgah National Forest in McDowell County, North Carolina. 153 Cong. Rec. H13858 (daily ed. Nov. 13, 2007). The bill was referred to the Committee on Agriculture.
  • H.R. 4162 (Lewis, R-Cal.)(San Bernardino National Forest) would provide for an exchange of lands with San Bernardino County, California, to enhance management of lands within the San Bernardino National Forest. 153 Cong. Rec. H13859 (daily ed. Nov. 13, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4168 (Stupak, D-Mich.)(tribal land conveyance) would authorize the Sault Ste. Marie Tribe of Chippewa Indians to convey land and interests in land owned by the Tribe. 153 Cong. Rec. H13859 (daily ed. Nov. 13, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4170 (Wilson, R-S.C.)(John H. Chafee Coastal Barrier Resources System) would revise the boundaries of the John H. Chafee Coastal Barrier Resources System with respect to Daufuskie Island, South Carolina. 153 Cong. Rec. H13859 (daily ed. Nov. 13, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4174 (Allen, D-Me.)(ocean acidification) would establish an interagency committee to develop an ocean acidification research and monitoring plan and would establish an ocean acidification program within the National Oceanic and Atmospheric Administration. 153 Cong. Rec. H13958 (daily ed. Nov. 14, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 4184 (Simpson, R-Idaho)(land conveyance) would direct the Secretary of the Interior to convey 4 parcels of land from the Bureau of Land Management to Twin Falls, Idaho. 153 Cong. Rec. H13959 (daily ed. Nov. 14, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4189 (Whitfield, R-Ky.)(uranium) would direct the Secretary of Energy to provide for the re-enrichment of certain uranium tailings and the sale of the product of such re-enrichment. 153 Cong. Rec. H13959 (daily ed. Nov. 14, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 4191 (Turner, R-Ohio)(Dayton Aviation Heritage National Historic Park) would redesignate Dayton Aviation Heritage National Historic Park in the State of Ohio as "Wright Brothers-Dunbar National Historic Park." 153 Cong. Rec. H14080 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4196 (Smith, R-N.J.)(CERCLA) would amend CERCLA to improve public notification and community relations concerning actions for the removal of environmental hazards. 153 Cong. Rec. H14081 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure.
  • H.R. 4199 (Turner, R-Ohio)(Dayton Aviation Heritage Preservation Act of 1992) would amend the Dayton Aviation Heritage Preservation Act of 1992 to add sites to the Dayton Aviation Heritage National Historical Park. 153 Cong. Rec. H14081 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4209 (Boyda, D-Kan.)(Cherokee County National Priorities List Site) would authorize the voluntary purchase of certain properties in Treece, Kansas, endangered by the Cherokee County National Priorities List Site. 153 Cong. Rec. H14081 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 4226 (Gilchrest, R-Md.)(climate) would establish a market-driven system of greenhouse gas tradeable allowances that will limit greenhouse gas emissions in the United States, would reduce dependence upon foreign oil, and would ensure benefits to consumers from the trading in such allowances. 153 Cong. Rec. H14082 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Energy and Commerce, and in addition to the Committees on Science and Technology, Natural Resources, Foreign Affairs, Agriculture, and Ways and Means.
  • H.R. 4228 (Grijalva, D-Ariz.)(mining and mineral laws) would withdraw certain Federal lands and interests located in Pima and Santa Cruz Counties, Arizona, from the mining and mineral leasing laws of the United States. 153 Cong. Rec. H14082 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 4238 (Markey, D-Mass.)(Solid Waste Disposal Act) would amend the Solid Waste Disposal Act to require a refund value for certain beverage containers and would provide resources for state pollution prevention and recycling programs. 153 Cong. Rec. H140802 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 4245 (Sali, R-Idaho)(Healthy Forests Restoration Act of 2003) would amend the Healthy Forests Restoration Act of 2003 to provide for the categorical exclusion of certain projects on Federal land located adjacent to non-Federal land from documentation in an environmental impact statement or environmental assessment when conditions on the Federal land pose a serious risk to the non-Federal land, and would authorize the Secretary of Agriculture and the Secretary of the Interior to enter into contracts or agreements for forest projects on Federal land with non-Federal entities that own adjacent land. 153 Cong. Rec. H140803 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources.
  • H.R. 4249 (M. Udall, D-Colo.)(Arapaho-Roosevelt National Forests) would direct the Secretary of Agriculture to exchange certain lands in the Arapaho-Roosevelt National Forests in Colorado and would adjust the boundary of such National Forests. 153 Cong. Rec. H140803 (daily ed. Nov. 15, 2007). The bill was referred to the Committee on Natural Resources.
  • H. Res. 820 (Kind, D-Wis.)(Student Conservation Association) would recognize and celebrate the commitment of the Student Conservation Association to U.S. national parks and public lands. 153 Cong. Rec. H13860 (daily ed. Nov. 13, 2007). The bill was referred to the Committee on Natural Resources.
  • H. Res. 832 (Johnson, D-TX)(Texas Water Development Board) would honor the Texas Water Development Board on its selection as a recipient of the Environmental Protection Agency's 2007 Clean Water State Revolving Fund Performance and Innovation Award. 153 Cong. Rec. H13860 (daily ed. Nov. 13, 2007). The bill was referred to the Committee on Transportation and Infrastructure.

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:

California Indiana Nebraska Virginia Colorado Louisiana Pennsylvania Washington Illinois Maine Utah  

CALIFORNIA

Air:

Land Use:

  • The Department of Food and Agriculture is soliciting public comment on proposed amendments to Section 4500 of the regulations in Title 3 of the California Code of Regulations that would remove numerous plants listed as noxious weed species. Comments are due December 24, 2007. See http://www.oal.ca.gov/pdfs/notice/45z-2007.pdf (pp. 1874-1875)

COLORADO

Water:

  • The Department of Public Health and Environment will conduct a public hearing on the proposed amendment of water quality rules. The proposed changes include (1) revisions to Regulation #93, Water-Quality-Limited Segments Requiring Total Maximum Daily Loads (5 CCR 1002-93) and (2) revisions to Regulation #94, Colorado's Monitoring and Evaluation List. The hearing will be held February 11, 2007. See http://www.sos.state.co.us/CCR/Upload//NoticeOfRulemaking//ProposedRuleAttach2007-01162.PDF
  • The Department of Public Health and Environment will conduct a public hearing on the proposed amendment of water quality rules. The proposed changes include revisions to section 64.7A(1) of the Biosolids Regulation, Regulation #64 (5 CCR 1002-64), to reduce the biosolids fees. The hearing will be held January 14, 2007. See http://www.sos.state.co.us/CCR/Upload//NoticeOfRulemaking//ProposedRuleAttach2007-01148.PDF
  • The Department of Public Health and Environment will conduct a public hearing on the proposed amendment of Regulation No. 93, 2004 Section 303(D) List Water-Quality-Limited Segment Requiring TMDLs. The proposed changes include (1) proposed revisions to Regulation #93, Water-Quality-Limited Segments Requiring Total Maximum Daily Loads (5 CCR 1002-93) and (2) proposed revisions to Regulation #94, Colorado's Monitoring and Evaluation List (5 CCR 1002-94). The hearing will be held February 11, 2007. See http://www.sos.state.co.us/CCR/Upload//NoticeOfRulemaking//ProposedRuleAttach2007-01161.PDF

ILLINOIS

Air:

  • The Pollution Control Board conducted public hearings in the matter of proposed Rules for Nitrogen Oxide Emissions From Stationary Reciprocating Internal Combustion Engines and Turbines - Amendments to 35 Ill. Adm. Code Parts 211 and 217. The hearings were held November 13-16, 2007. See http://www.ipcb.state.il.us/ClerksOffice/CalendarofEvents.asp

INDIANA

Air:

  • The Air Pollution Control Board has adopted amendments to 326 IAC 1-4-1 - Designations, concerning the routine number of public comment periods and public hearings and shortened rulemaking processes. This rule also includes the redesignation of Boone, Clark, Elkhart, Floyd, Hamilton, Hancock, Hendricks, Johnson, Lake, LaPorte, Madison, Marion, Morgan, Porter, Shelby, and St. Joseph counties as attainment for the 8-hour ozone NAAQS, if U.S. EPA approves the redesignation requests before final adoption of this rule. See http://www.state.in.us/idem/rules/progress/index.html
  • The Air Pollution Control Board has adopted permanent rule 326 IAC 26 regarding best available retrofit technology. See http://www.in.gov/legislative/iac/20070704-IR-326060208PRA.xml.html

LOUISIANA

Hazardous & Solid Wastes:

  • The Department of Environmental Quality has adopted amendments to Standards for the Use or Disposal of Sewage Sludge and Biosolids (LAC 33:VII.301 and IX.107, 2301, 2313, 7301, 7303, 7305, 7307, 7309, 7311, 7313, 7395, 7397, and 7399). See http://www.deq.louisiana.gov/portal/tabid/2644/Default.aspx

Toxic Substances:

  • The Department of Environmental Quality has adopted National Source Tracking System Reporting Requirements and Agreement State Updates (LAC 33:XV.493, 602, 2017, and 2051) concerning radiation protection. See http://www.deq.louisiana.gov/portal/tabid/2644/Default.aspx
  • The Department of Environmental Quality has adopted emergency rule Expedited Penalty Agreement (LAC 33:I.801 and 807, and VII.115 and 315). This is a renewal of and revision to Emergency Rule MM004E1 that adds certain additional violations of the solid waste regulations to LAC 33:I.807, and amends LAC 33:VII.115 and 315 accordingly. This version of the Emergency Rule adds certain violations of the new UST delivery prohibition regulations; reorganizes the existing list of violations in order by citation; clarifies various existing violations; adjusts existing penalty amounts to be consistent across media for similar violations; and adds other waste tire, water quality, and UST violations. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/MM004E2.pdf

Water:

MAINE

Water:

  • The Department of Health & Human Services will conduct a public hearing on several updates to State of Maine Rules Relating to Drinking Water for consistency with federal regulations, including adding the Stage 2 Disinfection Byproducts Rule, the Long Term II Enhanced Surface Water Rule, the Groundwater Rule, and the Initial Distribution System Evaluation Rule. Other changes include adjustments to the annual drinking water fee formula parameters, adding definitions, updating construction and operation standards, as well as updating federal and state references to relevant regulations. The hearing will be held December 5, 2007. Comments are due December 17, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/111407.htm

NEBRAKSA

Air:

  • The Department of Environmental Quality will conduct a public hearing to consider the adoption of amendments to Title 129 - Nebraska Air Quality Regulations. The purpose of this rulemaking is 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

PENNSYLVANIA

Toxic Substances:

UTAH

Water:

  • The Department of Environmental Quality is soliciting public comment on proposed amendments to R317-1-4 - Utilization and Isolation of Domestic Wastewater Treatment Works Effluent, R317-3-11 - Land Application of Wastewater Effluents to reorganize water reuse system design requirements, supporting new proposed Rules R317-13 and R317-14. Comments are due December 17, 2007. See http://www.rules.utah.gov/publicat/bull_pdf/2007/b20071115.pdf (pp. 52-61)
  • The Department of Environmental Quality is soliciting public comment on proposed new rule R317-13 Approvals and Permits for a Water Reuse Project. The proposed rule defines terms and establishes administrative requirements for water reuse projects, including application and approval procedures. Comments are due December 17, 2007. See http://www.rules.utah.gov/publicat/bull_pdf/2007/b20071115.pdf (pp. 61-62)
  • The Department of Environmental Quality is soliciting public comment on proposed new rule R317-14. The proposed rule defines terms and adds administrative procedures for considering changes in the point of discharge from a publicly owned wastewater treatment plant. Comments are due December 17, 2007. See http://www.rules.utah.gov/publicat/bull_pdf/2007/b20071115.pdf (pp. 62-63)

VIRGINIA

Air:

  • The Air Pollution Control Board has adopted amendments to rules concerning 8-hour Ozone Nonattainment Areas. The amendments revise the geographic delineation of the nonattainment and maintenance areas by removing the Hampton Roads and Richmond areas from the list of 8-hour ozone nonattainment areas (9 VAC 5-20-204) and adding them to the list of maintenance areas (9 VAC 5-20-203). See http://legis.state.va.us/codecomm/register/vol24/iss05/v24i05.pdf (pp. 564-566)
  • The Air Pollution Control Board has adopted amendments to rules concerning Opacity Source Surveillance Methods. This action incorporates the requirements of Chapter 148 of the 2007 Acts of the Assembly. Specifically, 9 VAC 5-40-20 A 3/9 VAC 5-50-20 A 3 have been modified to indicate that compliance with opacity may be determined in one of the following ways: (i) compliance with Reference Method 9 or any alternative method approved by EPA. (ii) evaluation of data resulting form use of continuous monitoring providing that certain criteria are met, or (iii) use of any other method approved by EPA. See http://legis.state.va.us/codecomm/register/vol24/iss05/v24i05.pdf (pp. 566-572)
  • The Air Pollution Control Board has adopted amendments to Hazardous Air Pollutant Sources rules. The regulation amendments update state regulations that incorporate by reference certain federal regulations to reflect the Code of Federal Regulations as published on July 1, 2007. See http://legis.state.va.us/codecomm/register/vol24/iss05/v24i05.pdf (pp. 572-587)
  • The Air Pollution Control Board has adopted amendments to Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area, concerning replica vehicles. See http://legis.state.va.us/codecomm/register/vol24/iss05/v24i05.pdf (pp. 587-594)
  • The Air Pollution Control Board has adopted amendments to regulations concerning emissions trading. This action will modify the start date of the first phase Clean Air Interstate Rule Sulfur Dioxide Annual Trading to be consistent will the start date in various other provisions of the regulation and supporting documentation. See http://legis.state.va.us/codecomm/register/vol24/iss05/v24i05.pdf (p. 594)

Hazardous & Solid Wastes:

  • The State Water Control Board has adopted amendments to the Virginia Pollution Abatement (VPA) Permit Regulation. This action amends the Virginia Pollution Abatement Permit Regulation (9 VAC 25-32-10 et seq.), the Virginia Pollutant Discharge Elimination System Permit Regulation (9 VAC 25-31-10 et seq.), the Sewage Collection and Treatment Regulations (9 VAC 25-790-10 et seq.), and the Fees for Permits and Certificates regulation (9 VAC 25-20-10 et seq.). These regulatory actions were initiated to conform with the legislative actions that transferred oversight of the regulatory program pertaining to biosolids from the Virginia Department of Health to the Virginia Department of Environmental Quality. See http://legis.state.va.us/codecomm/register/vol24/iss05/v24i05.pdf (pp. 601-615)

WASHINGTON

Fisheries:

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

INTERNATIONAL

INDONESIA TO IMPLEMENT DOMESTIC MARKET OBLIGATION FOR COAL

  • Indonesia, the worldwide leader in thermal coal exports, announced last week that it would develop a domestic market obligation for coal producers to ensure that a slate of new energy plants will be sufficiently supplied. The Indonesian Coal Society predicts that Indonesia’s domestic energy demand will increase from 33 million tons to 103 million tons in 2008. The announcement stirred concern among producers, who fear that the lower price of domestic coal will limit revenue, and international energy executives, who worry about the stability of prices. See http://www.ft.com/cms/s/0/6d74eaf0-88d1-11dc-84c9-0000779fd2ac.html

JAPAN BECOMES FIRST COUNTRY TO BUY CREDITS THROUGH U.N. LINK

  • Last week the United Nations opened its carbon credit trading link, the International Transaction Log (ITL), which will allow countries to reach Kyoto Protocol limits by funding clean energy projects in developing nations. Japan, whose emissions last year exceeded its Kyoto limit by 13 percent, already received 8.6 million tons of carbon credits using the link last week. The trading link will be a crucial mechanism for some countries to reach their Kyoto goals in the accountability period that begins in 2008. U.N. executive climate chief Yvo de Boer said that “The entry of the ITL into real-time operation sends a clear signal to the carbon market that trading can go ahead as planned.” See http://www.alertnet.org/thenews/newsdesk/T146357.htm

BLACK SEA OIL SPILL THREATENS MARINE LIFE

  • Russian experts are calling for immediate action to prevent years of environmental damage caused by an oil tanker destroyed by a storm in the Black Sea. The contamination has already killed endangered dolphins, birds, and fish. Longstanding territorial tensions between Russia and the Ukraine have hampered efforts to prevent the petroleum from spreading to the nearby Sea of Azov. The storm that destroyed the tanker also took the lives of at least four men, with an additional four still missing. See http://uk.reuters.com/article/environmentNews/idUKL1522890120071115?pageNumber=1

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

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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
Kristin Larson, Contributing Editor
C. Robert Loskot, Contributing Editor