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Weekly Update Volume 37, Issue 8

03/12/2007

LITIGATION

CAA, CONTINUING VIOLATIONS:

The Sixth Circuit reversed a lower court's grant of summary judgment in favor of the TVA in a case brought by environmental groups claiming the agency shirked its duty to obtain appropriate pollution limitations at a power plant it operates in Tennessee. The TVA argued that the CAA and Tennessee SIP only prohibit construction without a permit. Because the only construction at issue here took place in 1988, the statute of limitations for any violation premised upon that construction ran in 1993. The lower court agreed, holding that the five year statute of limitations barred the groups' claims. But the groups alleged that the TVA failed to apply best available control technology (BACT) and failed to obtain a construction permit containing emissions limitations under the Tennessee SIP's PSD provisions. Both causes of action manifest themselves anew each day the plant operates without BACT limits or in violation of the SIP. Because these subsequent and continuing failures are actionable under the CAA, the groups' claims for civil penalties are timely insofar as they related to violations that occurred within five years of the date they filed their initial complaint. National Parks Conservation Ass'n v. Tennessee Valley Authority, No. 05-6329, 37 ELR 20056 (6th Cir. Mar. 2, 2007) (10 pp.).

CWA, JURISDICTION:

The Ninth Circuit reversed a lower court's grant of summary judgment in favor of environmental groups in their case against a salt company for discharging, without a CWA permit, salt production waste into a pond located next to Mowry Slough, which directly connects to the San Francisco Bay. The court ruled that mere adjacency to a protected water provides a basis for CWA coverage only when the relevant waterbody is a wetland. Here, the body of water into which the company allegedly discharged waste is a non-navigable, intrastate pond, not a wetland. The group's adjacency argument therefore fails. Because no other reason for CWA coverage of the pond is supported by evidence or is properly before the court, the lower court decision was reversed. San Francisco Baykeeper v. Cargill Salt Division, Nos. 04-17554, 05-15051, 37 ELR 20061 (9th Cir. Mar. 8, 2007) (18 pp.).

FEDERAL GOVERNMENT, ASBESTOS, INDEMNIFICATION:

The U.S. Court of Federal Claims held that the U.S. Air Force was liable to homebuilders who had cleaned up asbestos contamination at the former Lowry Air Force Base in Denver. The homebuilders didn't discover the asbestos until after they purchased the former base property.  When the Air Force refused to clean up the asbestos, Colorado required each of the homebuilders to undertake the cleanup at a total cost of about $9 million. The homebuilders brought suit after the Air Force again refused to pay for any of the cleanup costs. The court found that the Air Force had caused the asbestos contamination by demolishing a number of asbestos-contaminated buildings prior to transferring the property, and held that the broad indemnity language of §330 of National Defense Authorization Act required the Air Force to fully compensate the homebuilders for costs arising out of the contamination. This decision is the first ruling by any federal court addressing the government’s liability for environmental remediation costs associated with the transfer of military property under base closure laws. Richmond American Homes of Colorado, Inc. v. United States, No. 05-280C, 37 ELR 20060 (Fed. Cl. Feb. 22, 2007) (Baskir, J.) (34 pp.) (Plaintiffs' counsel included Hubert A. Farbes of Brownstein Hyatt Farber Schreck in Denver, Colorado).

CERCLA, "OWNER":

A district court held that a company that owned a laundry facility for less than 24 hours before selling it to another entity is not liable under CERCLA for PCE contamination on the property. The company was not an "owner" within the meaning of CERCLA and, therefore, cannot be liable as a PRP. At most, the evidence reveals that the company may have been contemplating staffing and organization of the facility the day it took control, but the evidence does not show that the company was, in fact, ever in control of the property. Even if the company were considered an owner under CERCLA, there is no evidence that it owned the property "at the time of disposal of any hazardous substance." In addition, a plain reading of the contract between the company and the current owner supports a finding that the company is not obligated to indemnify the current owner for environmental liability. Ameripride Services, Inc. v. Valley Industrial Service, Inc., No. CIV. S-00-113 LKK/JFM, 37 ELR 20058 (E.D. Cal. Feb. 28, 2007) (Karlton, J.) (9 pp.).

CERCLA, HAZARDOUS WASTE:

A district court dismissed a family's claims that a developer exposed them to contaminated land and failed to disclose material facts about their home and property in violation of CERCLA and Maryland law. The family alleged that the developer knew, or should have known, that prior to the family's acquisition of the property, the lot was part of a solid and hazardous waste dump. They also claimed that the developer caused the release, discharge, and disposal of hazardous substances onto the property and groundwater by grading the land and disturbing the groundwater in and around the lot. But because the family failed to offer scientifically valid, relevant, and admissible evidence relating to the existence of a landfill, whether toxins were released into the house, and whether the house was structurally unsound, the developer is entitled to summary judgment on all counts. Miller v. Mandrin Homes, Ltd., No. CCB-05-3025, 37 ELR 20057 (D. Md. Feb. 28, 2007) (Blake, J.) (5 pp.).

ESA, IMPORTATION:

The Court of International Trade held that it lacked jurisdiction to hear environmental groups' claims against U.S. Customs, the FWS, and NOAA-Fisheries for allowing threatened and endangered salmon to be imported from Canada into the United States in violation of ESA §§7 and 9. Given the discretionary nature of Customs' exercise of its enforcement powers, the court lacks subject matter jurisdiction over the groups' §9 claim. And the groups' §7 claim fails to meet the "case" or "controversy" requirement of Article III. Congress intended §7 to apply only to affirmative agency actions and not to those circumstances in which agencies do not exercise their powers. The agency behavior that the groups cite as the catalyst for triggering Customs' §7 obligations, however, is failure to enforce §9. Because nonenforcement constitutes a failure to act, rather than an affirmative action, §7 cannot provide the remedy that the groups seek. Salmon Spawning & Recovery Alliance v. Basham, No. 06-00191, 37 ELR 20059 (Ct. Int'l Trade Mar. 6, 2007) (Barzilay, J.) (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 announced the formation of the Clean Air Scientific Advisory Committee review panel, which will review the Agency's technical and policy assessments that form the basis for updating NAAQS for particulate matter. 72 FR 10527 (3/8/07).
  • EPA entered into a proposed settlement agreement under the CAA that requires the Agency to take final action to grant or deny plaintiffs' April 2005 petition for rulemaking requesting EPA to amend the Kentucky SIP to fully incorporate the credible evidence rule, to conclude a completeness determination within 60 days after receipt of the Tennessee Valley Authority's forthcoming Title V federal operating permit application for the Paradise Fossil Plant in Kentucky, and to take final action to issue the permit within 18 months after determining the application is complete. 72 FR 9744 (3/5/07).
  • SIP Approvals: Iowa (interstate transport of air pollutants) 72 FR 10380 (3/8/07). Kansas (interstate transport of air pollutants) 72 FR 10608 (3/9/07). Missouri (submission of emission data, emission fees, and process information rule) 72 FR 10613 (3/9/07); (St. Louis solvent metal cleaning rule) 72 FR 10610 (3/9/07).
  • SIP Proposals: Iowa (interstate transport of air pollutants; see above for direct final rule) 72 FR 10453 (3/8/07). Kansas (interstate transport of air pollutants; see above for direct final rule) 72 FR 10627 (3/9/07). Missouri (submission of emission data, emission fees, and process information rule; see above for direct final rule) 72 FR 10627 (3/9/07); (St. Louis solvent metal cleaning rule; see above for direct final rule) 72 FR 10626 (3/9/07).

HAZARDOUS & SOLID WASTE:

  • EPA entered into a proposed administrative settlement under CERCLA concerning the Omega Chemical Superfund site in Whittier, California, that requires the settling parties to pay approximately $111,000 in past response costs. 72 FR 10753 (3/9/07).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the St. Joe Chat Pile on the Tar Creek Superfund site in northern Ottawa County, Oklahoma, that requires the settling parties to sell the pile of chat (mine tailings), to provide access to the underlying property, and to refrain from activities that would inhibit the sale of the chat pile. 72 FR 10754 (3/9/07).
  • EPA entered into a settlement for reimbursement of past response costs under CERCLA concerning the Jernigan Trucking Dump Superfund site in Seffner, Florida. 72 FR 10529 (3/8/07).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the Beaver Wood Product Superfund site in Flathead County, Montana, that requires the settling parties (who were shown to have no financial ability to pay for response costs incurred and to be incurred at the site) to pay EPA 65% of all net sales proceeds of the property equaling or exceeding $482,000.00. 72 FR 9947 (3/6/07).
  • EPA entered into a proposed administrative settlement under CERCLA concerning the Star Lake Canal Superfund site in Jefferson County, Texas, that requires the settling parties to pay $20,000 in response costs to the Superfund. 72 FR 9948 (3/6/07).

MINING:

  • OSM announced the receipt of a proposed amendment to the Maryland regulatory program under SMCRA. 72 FR 10433 (3/8/07).

PESTICIDES:

  • EPA seeks comment on an application it received from Cerexagri, Inc., for an experimental use permit for the soil fumigant dimethyldisulfide, a potential methyl bromide alternative. 72 FR 10211 (3/7/07).

WILDLIFE:

  • FWS announce a 90-day finding on a petition to list the Monongahela River Basin population of the longnose sucker as endangered under the ESA; the agency determined that listing the fish species is not warranted at this time. 72 FR 10477 (3/8/07).
  • FWS announced its 90-day and 12-month findings on a petition to revise critical habitat for the endangered Indiana bat; the agency found that revising critical habitat for the species is not currently warranted. 72 FR 9913 (3/6/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. AGI-VR Wesson Co., No. CV-07-825 (E.D.N.Y. Feb. 28, 2007). Settling CERCLA defendants must pay $5.11 million in connection with the Li Tungsten Superfund site in Glen Cove, New York, $1.5 million of which will be denominated as a civil penalty for failure to comply with an administrative order, and must perform the remaining work at the site, estimated at $10.7 million; in addition, four settling U.S. agencies must pay $25 million to EPA and $1 million to one of the settling defendants. 72 FR 10557 (3/8/07).
  • United States v. Franks Petroleum Corp., No. 2:07-CV-0337 (W.D. La. Feb. 23, 2007). Settling CERCLA defendants must pay $2,000,000 in reimbursement costs to resolve federal claims relating to the Castex oilfield waste disposal facility located near Jennings, Louisiana. 72 FR 10558 (3/8/07).

GUIDANCE DOCUMENTS:

  • EPA announced the availability of a draft document titled National Coastal Condition Report III, which describes the condition of the nation's coastal waters. 72 FR 10752 (3/9/07).
  • EPA announced the availability of the final document titled Framework for Metals Risk Assessment, which describes basic principles that address the special attributes and behaviors of metals and metal compounds to be considered when assessing their human health and ecological risks.72 FR 10529 (3/8/07).

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

THE CONGRESS

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

CHAMBER ACTION:

  • H.R. 122 (Reclamation Wastewater and Groundwater Study and Facilities Act), which would amend that Act to authorize the Secretary of the Interior to participate in the Inland Empire regional recycling project and in the Cucamonga Valley Water District recycling project, was passed by the House. 153 Cong. Rec. H2124 (daily ed. Mar. 5, 2007).
  • H.R. 247 (Willamette National Forest), which would designate a Forest Service trail at Waldo Lake in the Willamette National Forest in the state of Oregon as a national recreation trail in honor of Jim Weaver, a former Member of the House of Representatives, was passed by the House. 153 Cong. Rec. H2131 (daily ed. Mar. 5, 2007).
  • H.R. 276 (Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2007), which would designate the Piedras Blancas Light Station and the surrounding public land as an Outstanding Natural Area to be administered as a part of the National Landscape Conservation System, was passed by the House. 153 Cong. Rec. H2126 (daily ed. Mar. 5, 2007).
  • H.R. 299 (Lowell National Historical Park Boundary Adjustment Act), which would adjust the boundary of Lowell National Historical Park, was passed by the House. 153 Cong. Rec. H2131 (daily ed. Mar. 5, 2007).
  • H.R. 376 (Wilson's Creek National Battlefield), which would authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of including the battlefields and related sites of the First and Second Battles of Newtonia, Missouri, during the Civil War as part of Wilson's Creek National Battlefield or designating the battlefields and related sites as a separate unit of the National Park System, was passed by the House. 153 Cong. Rec. H2123 (daily ed. Mar. 5, 2007).
  • H.R. 467 (Southern Idaho Bureau of Reclamation Repayment Act of 2007), which would authorize early repayment of obligations to the Bureau of Reclamation within the A & B Irrigation District in the state of Idaho, was passed by the House. 153 Cong. Rec. H2126 (daily ed. Mar. 5, 2007).
  • H.R. 497 (Brigadier General Francis Marion Memorial Act of 2007), which would authorize the Marion Park Project, a committee of the Palmetto Conservation Foundation, to establish a commemorative work on federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion, was passed by the House. 153 Cong. Rec. H2136 (daily ed. Mar. 5, 2007).
  • H.R. 700 (FWPCA), which would amend the FWPCA to extend the pilot program for alternative water source projects, was passed by the House. 153 Cong. Rec. H2307 (daily ed. Mar. 8, 2007).
  • H.R. 903 (Colorado Northern Front Range Mountain Backdrop Protection Study Act), which would provide for a study of options for protecting the open space characteristics of certain lands in and adjacent to the Arapaho and Roosevelt National Forests in Colorado, was passed by the House. 153 Cong. Rec. H2128 (daily ed. Mar. 5, 2007).
  • H.R. 1047 (Soldiers' Memorial Military Museum), which would authorize the Secretary of the Interior to conduct a study to determine the suitability and feasibility of designating the Soldiers' Memorial Military Museum located in St. Louis, Missouri, as a unit of the National Park System, was passed by the House. 153 Cong. Rec. H2132 (daily ed. Mar. 5, 2007).

COMMITTEE ACTION:

  • H.R. 720 (FWPCA), was reported by the Committee on Transportation and Infrastructure. 153 Cong. Rec. H2164 (daily ed. Mar. 5, 2007). H. Rep. No. 110-30.The bill would amend the FWPCA to authorize appropriations for state water pollution control revolving funds, and for other purposes.
  • H.R. 1126 (steel and aluminum), was reported by the Committee on Science and Technology. 153 Cong. Rec. H2339 (daily ed. Mar. 8, 2007). H. Rep. No. 110-41. The bill would reauthorize the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988.
  • H. Res. 214 (FWPCA), was reported by the Committee on Rules. 153 Cong. Rec. H2241 (daily ed. Mar. 6, 2007). H. Rep. No. 110-31.The resolution would provide for consideration of H.R. 569 to amend the FWPCA to authorize appropriations for sewer overflow control grants.
  • H. Res. 215 (FWPCA), was reported by the Committee on Rules. 153 Cong. Rec. H2241 (daily ed. Mar. 6, 2007). H. Rep. No. 110-33. The resolution would provide for consideration of H.R. 700 to amend the FWPCA to extend the pilot program for alternative water source projects.
  • H. Res. 229 (FWPCA), was reported by the Committee on Rules. 153 Cong. Rec. H2339 (daily ed. Mar. 8, 2007). H. Rep. No. 110-36. The resolution would amend the FWPCA to authorize appropriations for state water pollution control revolving funds.

BILLS INTRODUCED:

  • S. 752 (Nelson, D-Neb.) (endangered species) 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 to modify the Pathfinder Dam and Reservoir. 153 Cong. Rec. S2559 (daily ed. Mar. 2, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 767 (Obama, D-Ill.) (fuel economy) would increase fuel economy standards for automobiles and for other purposes. 153 Cong. Rec. S2693 (daily ed. Mar. 6, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 768 (Obama, D-Ill.) (fuel economy) would increase fuel economy standards for automobiles and for other purposes. 153 Cong. Rec. S2693 (daily ed. Mar. 6, 2007). The bill was referred to the Committee on Finance.
  • S. 776 (Clinton, D-N.Y.) (nuclear weapons) would amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain former nuclear weapons program workers in the Special Exposure Cohort under the energy employees occupational illness compensation program. 153 Cong. Rec. S2693 (daily ed. Mar. 6, 2007). The bill was referred to the Committee on Health, Education, Labor, and Pensions.
  • S. 783 (Landrieu, D-La.) (boundary adjustment) would adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in the state of Louisiana. 153 Cong. Rec. S2694 (daily ed. Mar. 6, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 784 (Reid, D-Nev.) (nuclear waste) would amend the Nuclear Waste Policy Act of 1982 to require commercial nuclear power plant operators to transfer spent nuclear fuel from the spent nuclear fuel pools of the operators into spent nuclear fuel dry casks at independent spent fuel storage installations of the operators that are licensed by the NRC, to convey to the Secretary of Energy title to all such transferred spent nuclear fuel, and to provide for the transfer to the Secretary of the independent spent fuel storage installation operating responsibility of each plant together with the license granted by the Commission for the installation. 153 Cong. Rec. S2694 (daily ed. Mar. 6, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 807 (Lincoln, D-Ark.) (CERCLA) would amend CERCLA to provide that manure shall not be considered to be a hazardous substance, pollutant, or contaminant. 153 Cong. Rec. S2898 (daily ed. Mar. 8, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 811 (Boxer, D-Cal.) (national recreation area) would establish the Sacramento River National Recreation Area in the state of California. 153 Cong. Rec. S2898 (daily ed. Mar. 8, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 817 (Voinovich, R-Ohio) (national heritage areas) would amend the Omnibus Parks and Public Lands Management Act of 1996 to provide additional authorizations for certain National Heritage Areas. 153 Cong. Rec. S2898 (daily ed. Mar. 8, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 828 (Baucus, D-Mont.) (Food Security Act) would amend the Food Security Act of 1985 to require the Secretary of Agriculture to make cost-share payments for on-farm energy production under the environmental quality incentives program. 153 Cong. Rec. S2898 (daily ed. Mar. 8, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • H.R. 1319 (Matheson, D-Utah) (land conveyance) would authorize an additional use of the property containing the Mount Olivet Cemetery in Salt Lake City, Utah, that was conveyed by the United States to the Mount Olivet Cemetery Association in 1909, to authorize the reconveyance of the property subject to certain use restrictions. 153 Cong. Rec. H2164 (daily ed. Mar. 5, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1331 (Doggett, D-Tex.) (hybrid automobiles) would amend the Internal Revenue Code of 1986 to provide a tax credit for new qualified plug-in hybrid motor vehicles. 153 Cong. Rec. H2241 (daily ed. Mar. 6, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1334 (Young, R-Alaska) (Exxon Valdez) would provide for the tax treatment of income received in connection with the litigation concerning the Exxon Valdez oil spill. 153 Cong. Rec. H2241 (daily ed. Mar. 6, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1336 (Blumenauer, D-Or.) (National Trails System Act) would amend the National Trails System Act to require the Secretary of the Interior to update the feasibility and suitability studies of four national historic trails. 153 Cong. Rec. H2241 (daily ed. Mar. 6, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1337 (Cole, R-Okla.) (water) would provide for a feasibility study of alternatives to augment the water supplies of the Central Oklahoma Master Conservancy District and cities served by the District. 153 Cong. Rec. H2241 (daily ed. Mar. 6, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1350 (Ehlers, R-Mich.) (Great Lakes) would establish a collaborative program to protect the Great Lakes. 153 Cong. Rec. H2242 (daily ed. Mar. 6, 2007). The bill was referred to the Committees on Transportation and Infrastructure, on Natural Resources, on Science and Technology, and on House Administration.
  • H.R. 1398 (Peterson, D-Minn.) (CERCLA) would amend CERCLA to provide that manure shall not be considered to be a hazardous substance, pollutant, or contaminant. 153 Cong. Rec. H2339 (daily ed. Mar. 8, 2007). The bill was referred to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure.
  • H.R. 1405 (DeLauro, D-Conn.) (wildlife) would establish a wildlife global animal information network for surveillance internationally to combat the growing threat of emerging diseases that involve wild animals, such as bird flu, and for other purposes. 153 Cong. Rec. H2340 (daily ed. Mar. 8, 2007). The bill was referred to the Committees on Foreign Affairs, on Energy and Commerce, on Natural Resources, and on Agriculture.
  • H.R. 1408 (Everett, R-Ala.) (national heritage corridor) would direct the Secretary of the Interior to study the suitability and feasibility of establishing the Chattahoochee Trace National Heritage Corridor in Alabama and Georgia. 153 Cong. Rec. H2340 (daily ed. Mar. 8, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1423 (Visclosky, D-Ind.) (Indiana Dunes National Lakeshore) would authorize the Secretary of the Interior to lease a portion of a visitor center to be constructed outside the boundary of the Indiana Dunes National Lakeshore in Porter County, Indiana. 153 Cong. Rec. H2341 (daily ed. Mar. 8, 2007). The bill was referred to the Committee on Natural Resources.

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

IN THE STATES

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

The states below have updates this week:

Alabama Idaho New Jersey South Carolina Alaska Illinois New York Texas Arizona Kentucky North Carolina   Connecticut Maine Oregon   Florida Missouri Pennsylvania  

ALABAMA

Land Use:

ALASKA

Land Use:

ARIZONA

Air:

  • The Pima County Department of Environmental Quality is soliciting public comment on the proposal to add new PCC 17.12.465 and PCC 17.12.540, to amend PCC 17.12.470 and Table 17.12.540, and to renumber PCC 17.12.470 of the air quality activity permit rules. The activity permit rules will be amended to allow the option for sources to obtain a single permit that authorizes multiple activities per project site rather than obtaining numerous permits for the same site. This permit will be categorized as a Multiple Activity Permit. The associated fees with this activity permit option will be commensurate to the current fee schedule. Comments are due April 2, 2007. See http://www.azsos.gov/public_services/Register/2007/9/ctynotic.pdf

CONNECTICUT

Air:

  • The Commissioner of Environmental Protection will hold a public hearing as part of a proceeding to revise Connecticut's SIP. The public hearing will address a proposed revision to the SIP for the establishment of early transportation conformity budgets for the Connecticut portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT fine particulate (PM2.5) nonattainment area. This revision will be submitted to U.S. EPA for review and approval. This proposed revision is described in detail at http://www.ct.gov/dep/lib/dep/air/regulations/proposed_and_reports/proconfearlybudgesip.pdf. The hearing will be held April 5, 2007. Comments are due April 5, 2007. See http://www.ct.gov/dep/cwp/view.asp?A=2586&Q=332906

FLORIDA

Air:

  • The Department of Environmental Protection is soliciting public comment on proposed rule amendments to 62-204.800, Federal Regulations Adopted by Reference. The proposed rule amendments update, through December 31, 2006, the Department's adoption-by-reference of air pollution regulations promulgated by U.S. EPA at 40 CFR Parts 52, 60, 63 and 96. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3309/3309DOC.pdf (p. 978)

Water:

  • The Suwannee River Water Management District is proposing amendments to 40B-400.091, Publications and Agreements Incorporated by Reference. The proposed rule amendments will incorporate by reference a revised Operating Agreement between the Suwannee River Water Management District and Florida Department of Environmental Protection regarding regulatory responsibilities under Part IV, Chapter 373, F.S. Comments are due March 23, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3309/3309DOC.pdf (p. 964).
  • The South Florida Water Management District will hold a public hearing on proposed amendments to the following: 40E-2.091, Publications Incorporated by Reference; 40E-2.301, Conditions for Issuance of Permits; 40E-2.321, Duration of Permit; 40E-2.331, Modification of Permits; and 40E-2.381, Limiting Conditions. The proposed amendments regulate the use of water from the Everglades and North Palm Beach County/Loxahatchee River Watershed Waterbodies by the Lower East Coast and Northern Palm Beach County urban areas within Dade, Broward, Palm Beach, and Martin counties. The proposed rule amendments will limit increasing permit allocations from depleting water needed for recovery and restoration of the waterbodies. The hearing will be held April 12, 2007. Comments are due March 23, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3309/3309DOC.pdf (p. 965).
  • The South Florida Water Management District will hold a public hearing on the proposed amendment of 40E-4.091, Publications, Rules, and Interagency Agreements Incorporated by Reference. The Amended Operating Agreement between the South Florida Water Management District (District) and the Florida Department of Environmental Protection (FDEP) will: (1) clarify which mining projects are retained by FDEP; (2) provide that the District will review boat docks associated with residential development even if the upland development qualified for a no-notice general permit; (3) provide that the District can review utility lines which are contained within projects under the District's review; (4) eliminate Aquaculture from the agreement; (5) clarify process for review or transfer of incorrectly submitted applications; and (6) provide a revision of the threshold for District review of single family homes to four or more contiguous lots. The hearing will be held April 12, 2007. Comments are due March 23, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3309/3309DOC.pdf (p.971)
  • The South Florida Water Management District will hold a public hearing on the proposed amendment of 40E-8.421, Prevention and Recovery Strategies. The proposed rule amendments will limit increasing permit allocations from depleting water needed for recovery and restoration of the waterbodies. The hearing will be held April 12, 2007. Comments are due March 23, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3309/3309DOC.pdf (p.973).
  • The South Florida Water Management District will hold a public hearing on proposed amendments to the following: 40E-20.011, Policy and Purpose; 40E-20.091, Publications Incorporated by Reference; 40E-20.301, Conditions for Issuance of General Water Use Permits; 40E-20.302, Types of General Water Use Permits; 40E-20.321, Duration of General Water Use Permits; 40E-20.331, Modification of General Water Use Permits; and 40E-20.381, Limiting Conditions. The proposed rule amendments will limit increasing permit allocations from depleting water needed for recovery and restoration of the waterbodies. The hearing will be held April 12, 2007. Comments are due March 23, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3309/3309DOC.pdf (p.974).

IDAHO

Water:

ILLINOIS

Fisheries:

KENTUCKY

Air:

  • The Environmental and Public Protection Cabinet has adopted emergency administrative regulation 803 KAR 2:308E to require employers covered by KRS Chapter 338 to comply with the requirements of 29 CFR 1910.132 through 1910.138. The regulation must be amended to include revisions made to 29 CFR 1910.134, Respiratory Protection. This regulation became effective February 24, 2007. This emergency administrative regulation shall be replaced by an ordinary administrative regulation. See http://www.lrc.state.ky.us/kar/803/002/308E.htm

Fisheries:

  • The Environmental and Public Protection Cabinet has adopted emergency administrative regulation 803 KAR 2:500E. This emergency administrative regulation requires employers in the maritime industry to comply with 29 CFR Part 1915, Occupational Safety and Health Standards for Shipyard Employment; Part 1917, Marine Terminals; Part 1918, Longshoring; and Part 1919, Gear Certification. The amendment of Section 2 is necessary in order to adopt changes made by OSHA to Part 1915 regarding respiratory protection and fire protection in shipyards. This regulation became effective February 24, 2007, and the change relative to fire protection in shipyard employment becomes effective July 3, 2007. See http://www.lrc.state.ky.us/kar/803/002/500E.htm
  • The Environmental and Public Protection Cabinet will hold a public hearing on 803 KAR 2:500, Maritime employment. This administrative regulation establishes maritime employment standards to be enforced by the Office of Occupational Safety and Health in the maritime industry. The hearing will be held on March 22, 2007. Comments are due March 31, 2007. See http://www.lrc.state.ky.us/kar/803/002/500reg.htm

Toxic Substances:

  • The Environmental and Public Protection Cabinet has adopted emergency administrative regulation 803 KAR 2:320E. This emergency administrative regulation, in Section 6, requires employers covered by KRS Chapter 338 and engaged in general industry operations to comply with the asbestos requirements of 29 CFR 1910.1000 through 1910.1450. The amendment of this regulation is necessary in order to adopt changes made by OSHA to 29 CFR §§1910.1001, 1910.1017, 1910.1018, 1910.1027, 1910.1028, 1910.1029, 1910.1043, 1910.1045, 1910.1047, 1910.1048, and 1910.1052, regarding assigned protection factors and maximum use concentrations for respiratory protection equipment, as published in the August 24, 2006, Federal Register. This emergency administrative regulation also updates the regulation to meet KRS Chapter 13A considerations. This regulation became effective February 24, 2007. See http://www.lrc.state.ky.us/kar/803/002/320E.htm
  • The Environmental and Public Protection Cabinet will hold a public hearing on 803 KAR 2:425, Toxic and Hazardous Substances.  This administrative regulation requires employers covered by KRS Chapter 338 and engaged in construction industry operations to comply with the requirements of 29 CFR 1926.1101 through 1926.1152. The hearing will be held March 22, 2007. Comments are due April 2, 2007. See http://www.lrc.state.ky.us/kar/803/002/425reg.htm

General:

  • The Environmental and Public Protection Cabinet will hold a public hearing on 803 KAR 2:418, Underground construction, caissons, cofferdams, and compressed air. This administrative regulation requires employers covered by KRS Chapter 338 and engaged in general industry operations to comply with the requirements of 29 CFR 1926.800 through 1926.804, and 1926 Subpart S App A. The hearing will be held March 22, 2007. Comments are due April 2, 2007. See http://www.lrc.state.ky.us/kar/803/002/418reg.htm

MAINE

Fisheries:

  • The Department of Marine Resources will hold a public hearing on proposed regulation 2007-P50, P51, Spiny Dogfish, Trip Limit. The Atlantic State's Marine Fisheries Commission's Spiny Dogfish and Coastal Sharks Management Board voted on January 30, 2007, to increase the 2006/2007 quota to allow for a maximum harvest of six million pounds and to set state specified trip limits for the 2007/2008 fishing season at 3,000 pounds. This proposed regulation would implement an increase in the trip limit for spiny dogfish in Maine's territorial waters from 600 to 3,000 pounds when a concurrent federal and state waters closure is not in effect. The hearing will be held March 26, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/030707.htm
  • The Department of Marine Resources has adopted rule 2007-61, which institutes trip level reporting of harvest by eel and elver harvesters. The rules also modify current dealer reporting requirements by standardizing reported data elements with other reporting regulations and removing the effort reporting requirement. These adopted regulations are intended to provide clear passage for all species of fish in any tidal river, brook, stream, or other watercourse by keeping one-third of the waterbody free of nets or traps and therefore open at any time. The new rule became effective March 4, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/030707.htm

Wildlife:

  • The Department of Inland Fisheries & Wildlife will hold a series of public hearings on the proposal to adopt a 2007-P52, establishing a moose hunting season in Wildlife Management Districts 15, 16, 23, and 26, beginning in 2008, to occur from the fourth Monday preceding Thanksgiving to the Saturday following Thanksgiving. The Saturday preceding the first day of this season is open for the hunting of moose by residents of this state only. The hearings will be held March 26 and 27, 2007. Comments are due April 6, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/030707.htm

MISSOURI

Water:

  • The Department of Natural Resources has adopted an emergency amendment 10 CSR 60-13.010, Grants for Public Water Supply Districts and Small Municipal Water Supply Systems. This amendment revises the payment procedures in section 4 to incorporate language necessary to make timely distribution of state bond funds. This emergency amendment was filed February 1, 2007, becomes effective March 4, 2007, and expires August 30, 2007. See http://www.sos.mo.gov/adrules/moreg/current/2007/v32n5/v32n5a.pdf (p. 398)
  • The Department of Natural Resources has adopted an emergency amendment 10 CSR 20-4.023, State Forty Percent Construction Grant Program. This amendment revises the payment procedures in section 22 to incorporate language necessary to make timely distribution of state bond funds. This emergency amendment was filed February 1, 2007, becomes effective March 4, 2007, and expires August 30, 2007.See http://www.sos.mo.gov/adrules/moreg/current/2007/v32n5/v32n5a.pdf (p. 395)

 NEW JERSEY

Fisheries:

  • The Department of Environmental Protection will hold a public hearing on proposed amendments to the Coastal Permit Program rules, N.J.A.C. 7:7, and Coastal Zone Management rules, N.J.A.C. 7:7E, to update the goals of New Jersey's Coastal Management Program and to amend the rules pertaining to prime fishing areas, bay islands, wetlands, Hackensack Meadowlands District, impervious cover, scenic resources, and design and traffic. The hearing will be held March 29, 2007. Comments are due March 4, 2007. See http://www.nj.gov/dep/rules/notices/030507a.htm

NEW YORK

Fisheries:

  • The Department of Environmental Conservation has adopted emergency regulations, Parts 10, 35, and 188 of Title 6 NYCRR, Bait Fish Regulations and Fish Health Inspection Reports. These regulations prevent the spread of Viral hemorrhagic septicemia virus in New York. These regulations became effective February 16, 2007. See http://www.dos.state.ny.us/info/register/2007/mar7/pdfs/rules.pdf (p. 14)

NORTH CAROLINA

Hazardous and Solid Waste:

  • The Department of Environment and Natural Resources will hold a public hearing on proposed rule amendments in Chapter 11, Radiation Protection, Section 1100, Fees. The amendments will provide a new modified septic tank system with standards of siting, design permitting, and monitoring/maintenance. The hearing will be held March 16, 2007. See http://www.ncoah.com/rules/register/Volume21Issue17March12007-web.pdf (p. 1559)

OREGON

Water:

  • The Oregon State Marine Board will hold a public hearing on proposed amendments to 250-020-0102, speed limit for safe boat operation of Plat I Reservoir in Douglas County; and 250-020-0032, speed limit for safe boat operation below Willamette Falls. The hearing will be held April 11, 2007. Comments are due April 11, 2007. See http://arcweb.sos.state.or.us/rules/0307_Bulletin/0307_rulemaking_bulletin.html

General:

  • The Department of Environmental Quality will hold a public hearing on a proposed amendment to Chapter 340 to increase Title V Operating Permit fees by the change in the 2006 Consumer Price Index, approximately 3.2 percent. This increase would affect the Annual Base Fee, Emission Fee, and Specific Activity Fees. The hearing will be held March 30, 2007. See http://arcweb.sos.state.or.us/rules/0307_Bulletin/0307_rulemaking_bulletin.html

PENNSYLVANIA

Water:

SOUTH CAROLINA

Air:

TEXAS

Wildlife:

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

INTERNATIONAL

AUSTRALIA INSTALLS FIRST WAVE-POWERED POWER PLANT

In weeks, Australia's first commercial wave-generated power station will begin supplying homes south of Sydney with electricity and fresh drinking water. Lying anchored 100 yards off a surf beach near Wollongong, the 485-metric-ton plant will power 500 homes. Electricity is generated when waves wash into a funnel facing the ocean, driving air through a pipe and into a turbine capable of pumping 500kw of clean power each day into the local grid. The $4.7 million floating plant will simultaneously desalinate 2,000 liters of drinking water each day. The plant is the prototype for a larger installation of 10 stations to be built on the southern Australian coast. See http://www.alertnet.org/thenews/newsdesk/SP130905.htm

US AND CANADA APPROVE JOINT LABEL FOR HERBICIDE IMPORTS

The United States and Canada have announced the first North American Free Trade Agreement (NAFTA) label, a joint label for farm chemicals. The label is for an herbicide--Far-GO in the United States and Avadex in Canada--used for weed control for a wide range of crops. North Dakota Agriculture Commissioner Roger Johnson, who worked on the initiative with federal regulators and chemical industry representatives, said "U.S. farmers could save $178 million a year if they had free access to similar pesticides on the Canadian side of the border," citing a 2005 study by North Dakota State University researchers. Although NAFTA labeling for farm chemicals is voluntary, Jay Vroom, president and chief executive of CropLife America, a pesticide trade association based in Washington, D.C., said, "I think there will be more" companies pursuing the NAFTA labels, but "there's not going to be a landslide of dozens and dozens of products that are going to get NAFTA labels overnight." See http://msnbci.businessweek.com/ap/financialnews/D8NK9TR01.htm

RWANDA TO BATTLE CFC EMISSIONS

The Rwanda Environment Management Authority (REMA) has launched a recovery and recycling project for chlorofluorocarbon (CFC) refrigerant gases. The program will be run by the Rwanda Association of Refrigerator Technicians (AFPORWA) under the supervision of REMA. Approximately $40,000 in funding from the United Nations Development Programme helped REMA to secure equipment for AFPORWA to use in the recovery and recycling process. See http://allafrica.com/stories/200703080331.html

KENYA APPROVES STRINGENT WATER AND WASTE MANAGEMENT MEASURES

The Kenyan Government has introduced stringent measures for water and waste management targeting polluters in both private and public institutions. Legal Notice 121, on Water Quality, calls for activity-specific permits and annual fees. In addition, garbage collection companies will be required to operate special vehicles for transporting wastes to "ensure that vehicles and equipment for the transportation are in such a state that shall not cause scattering of, or flowing out of waste or emission of noxious smells." See http://allafrica.com/stories/200703070976.html

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

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