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Weekly Update Volume 37, Issue 9

03/26/2007

LITIGATION

CWA, MINING:

The Ninth Circuit vacated the U.S. Army Corps of Engineers' approval of a "diversion ditch" that would be built in furtherance of a mining company's overall plan to discharge approximately 210,000 gallons of slurry per day from its mill into Lower Slate Lake, a 23-acre lake in the Tongass National Forest in Alaska. The court previously enjoined the permit for the larger project, given that the discharges would have raised the bottom of the lake by 50 feet and nearly tripled its surface area. All fish and most other life forms would have been killed as well. Despite that injunction, the Corps approved the smaller diversion project. In so doing, the court ruled that the Corps violated both "the letter and the spirit of the injunction," as the diversion ditch would be environmentally destructive. And although the court has yet to issue a final ruling with regard to the permit for the larger project, it announced that it intends to vacate that permit and rule that the Corps violated the CWA in issuing it. Southeast Alaska Conservation Council v. United States Army Corps of Engineers, No. 06-35679, 37 ELR 20068 (9th Cir. Mar. 16, 2007) (10 pp.).

NEPA, RELIGIOUS FREEDOM RESTORATION ACT:

The Ninth Circuit held that the U.S. Forest Service's approval of a ski resort expansion in the Coconino National Forest violated the Religious Freedom Restoration Act (RFRA) and NEPA. As a part of the expansion, the agency approved the proposed use of recycled sewage effluent to make artificial snow on a mountain sacred to Native American tribes. The court concluded that this proposed action would violate the tribes' religious freedom in violation of the RFRA. While the use of treated sewage effluent on the mountain would impose a substantial burden on the tribes' exercise of religion, the agency failed to demonstrate that its approval of the proposed action serves a compelling governmental interest by the least restrictive means. In addition, the Forest Service's final EIS was inadequate with respect to its discussion of the risks posed by possible human ingestion of artificial snow made from treated sewage effluent. Navajo Nation v. United States Forest Service, Nos. 06-15371 et al., 37 ELR 20062 (9th Cir. Mar. 12, 2007) (64 pp.).

CAA, NESHAPS:

The D.C. Circuit vacated EPA's NESHAPs for brick and ceramic kilns. The majority of the standards violated the CAA in light of the court's previous rulings in Cement Kiln Recycling Coalition v. EPA, 255 F.3d 855, 31 ELR 20834 (D.C. Cir. 2001), and National Lime Ass’n v. EPA, 233 F.3d 625, 31 ELR 20375 (D.C. Cir. 2000). In setting the floor for existing large tunnel brick kilns, EPA may not deviate from CAA §112(d)(3)’s mandate that "floors reflect what the best performers actually achieve by claiming that floors must be achievable by all sources using [maximum achievable control technology] MACT technology.” Likewise, in setting floors for new large and small tunnel brick and ceramics kilns and existing large tunnel brick kilns, EPA’s method of estimating variability among the best performers by lowering floors to the level of the worst performer using the same technology was unlawful. Further, EPA’s MACT approach to setting floors for existing large tunnel brick kilns and new large and small tunnel brick and ceramics kilns was also unlawful given record evidence that factors other than technology affected emissions. In addition, EPA’s failure to set floors for existing small tunnel brick kilns and existing and new periodic brick kilns violated the CAA's mandate to set emission standards for each listed hazardous air pollutant. The remaining standards violate the Act's requirements for work practice standards. CAA §112(h) allows EPA to substitute work practice standards for emission floors only if measuring emission levels is technologically or economically impracticable. Here, EPA never determined that measuring emissions from ceramics kilns was impracticable; it determined only that it lacked emissions data from ceramics kilns. EPA therefore had no basis for using work practice standards in lieu of emission floors. Sierra Club v. Environmental Protection Agency, No. 03-1202, 37 ELR 20064 (D.C. Cir. Mar. 13, 2007) (20 pp.).

CERCLA, APPORTIONMENT:

The Ninth Circuit reversed a lower court decision holding an oil corporation and railroad companies liable under CERCLA for only a minor portion of the cleanup costs incurred at a former chemical storage and distribution facility in California. The district court erred in determining that the harm in this case could be apportioned on the record. There is no reasonable basis for apportioning the damages attributable to the railroads’ activities given the paucity of evidence and the district court's erroneous approach in determining apportionment. Evidence on the record in regard to the oil corporation is also insufficient to support apportionment. The district court, however, followed the proper analysis in finding that the oil corporation is liable as an arranger. It arranged for the sale and transfer of chemicals under circumstances in which a known, inherent part of that transfer was the leakage of those chemicals. The court, therefore, reversed the district court’s finding on apportionment but affirmed the district court’s findings regarding both the railroads’ and the oil corporation’s liability. On remand, the parties should be held jointly and severally liable for the harm at the site. United States v. Burlington Northern & Santa Fe Railway Co., Nos. 03-17125 et al., 37 ELR 20065 (9th Cir. Mar. 16, 2007) (45 pp.).

TORT LAW, CAUSATION, DAMAGES:

The Eleventh Circuit affirmed a lower court decision denying a manufacturing plant's post-trial motion for judgment as a matter of law in a case involving the plant's alleged emission of "carbon black" into the air that darkened property owners' property. After a 10-day trial, the jury returned a verdict in favor of the property owners on all claims and determined that the plant's actions warranted punitive damages. The evidence was sufficient to reasonably infer that carbon black was a cause-in-fact of the alleged discoloration and that the plant acted with the mental state required by Georgia law to prove the property owners' claims and lift Georgia's statutory cap on punitive damages awards. In addition, the compensatory damages awarded to one of the property owners were not improper, and the punitive damages award was not unconstitutionally excessive. Action Marine, Inc. v. Continental Carbon, Inc., No. 06-11311, 37 ELR 20066 (11 Cir. Mar. 21, 2007) (41 pp.).

NATIONAL FORESTS, FOREST PLANS:

The Tenth Circuit reversed in part a district court decision affirming the U.S. Forest Service's authorization of six projects in four national forests in Utah. In 2000, the Forest Service substantially amended its planning rules codified at 36 CFR §219. As part of the 2000 planning rules, the Forest Service added a new regulation, §219.35, that attempted to outline how the Forest Service was to "transition" from the old rules to the 2000 rules. Three of the six projects at issue were intended to implement forest plans that pre-dated the 2000 planning rules: two implementing the Manti-La Sal National Forest Plan and one implementing the Dixie National Forest Plan. Under the transition provision of the 2000 regulations, the Forest Service was required to consider the "best available science" when implementing the three site-specific projects within those two forests, yet the Forest Service failed to do so. On remand, the Forest Service's approval of these projects must be vacated. The court, however, affirmed the authorization of the remaining projects: two in the Wasatch-Cache National Forest and one in the Uinta National Forest. These three projects were intended to implement forest plans that were revised in 2003 in accordance with the 2000 planning rules. Utah Environmental Congress v. Troyer, No. 05-4183, 37 ELR 20067 (10th Cir. Mar. 21, 2007) (47 pp.).

DREDGING PERMITS, LEGISLATIVE ACTION:

The Supreme Court of Delaware upheld the dismissal of an environmental group's lawsuit against a state agency and its officials seeking to enjoin the agency from conducting dredging operations in a canal until it complies with an earlier order by the state environmental appeals board remanding a dredging permit for a proper cost-benefit analysis. The group argued that dredging without complying with the order violates its procedural rights under the Delaware Constitution and the U.S. Constitution and also violates Delaware's Subaqueous Lands Act. But the state legislature subsequently approved the dredging project, thereby mooting the lower administrative proceedings. The court can safely assume that the cost-benefit analysis undertaken by the legislature was coextensive with, if not identical to, that called for by the board in its remand order. In addition, the group's argument that its right to continue prosecuting the administrative proceeding is constitutionally protected is flawed. The only rights implicated here are rights belonging to the public, not rights accruing to any private citizen. The legislature, therefore, is empowered to define what the public right shall be. Sierra Club v. Delaware Department of Natural Resources & Environmental Control, No. 379/2006, 37 ELR 20063 (Del. Mar. 9, 2007) (23 pp.).

ZONING LAW, FLOODPLAINS:

A Massachusetts appellate court upheld a town's right to regulate development though zoning that prevents development in flood plains. Landowners filed suit against the town after their property was rezoned from a light industrial zone to a flood prone conservancy zone. A state land court ruled that the town's action was null and void because it constituted reverse spot zoning. The appellate court, however, ruled that the action constituted a valid exercise of the town's zoning police power. The landowners failed to demonstrate that the rezoning was substantially unrelated to the public health, safety, or general welfare, or that it was arbitrary or unreasonable. Rather, controlling development on land subject to flooding and maintaining adequate flood storage area are rationally related to land use regulation. Further, there was sufficient evidence to show that flooding was a legitimate concern of the town, and the court need not second guess the town on its judgment as to the extent of predicted flooding and the resulting need for revision of the zoning law. Andrews v. Town of Amherst, No. 05-P-1824, 37 ELR 20069 (Mass. App. Ct. Mar. 5, 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 announced its reconsideration of three aspects of the final rule published on May 10, 2006 (71 FR 27323), entitled "Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors"; the aspects pertain to operator stand-in provisions, data requirements for continuous monitors, and the status of operating parameters during the two weeks prior to mercury and dioxin/furan testing. 72 FR 13016 (3/20/07).
  • EPA delegated authority to the Mississippi Department of Environmental Quality (MSDEQ) to implement and enforce existing new source performance standards (NSPS) that have been previously adopted by MSDEQ; in addition, the Agency approved MSDEQ's "adopt-by-reference'' mechanism for delegation of future NSPS. 72 FR 13444 (3/22/07).
  • SIP Approvals: Illinois (volatile organic compound (VOC) control device) 72 FR 13708 (3/23/07). Wisconsin (control of VOCs) 72 FR 12565 (3/16/07).
  • SIP Proposals: Arizona and California (attainment failure of particulate matter NAAQS) 72 FR 13723 (3/23/07). Illinois (VOC control device; see above for direct final rule) 72 FR 13722 (3/23/07). Michigan, Ohio, and West Virginia (eight-hour ozone redesignations) 72 FR 13452 (3/22/07). Nevada (visible emissions and particulate matter regulations) 72 FR 10960 (3/12/07). New Jersey (nitrogen oxide emissions control from stationary industrial sources) 72 FR 11812 (3/14/07). New Jersey (low emission vehicle program) 72 FR 13227 (3/21/07). Wisconsin (control of VOCs; see above for direct final rule) 72 FR 12581 (3/16/07).

CLIMATE CHANGE:

  • Department of Agriculture announced the establishment of the Federal Advisory Committee for the Expert Review of Synthesis and Assessment Product 4.3; the committee will provide advice to the Secretary of Agriculture on the conduct of a study titled The Effects of Climate Change on Agriculture, Land Resources, Water Resources, and Biodiversity. 72 FR 12590 (3/16/07).

HAZARDOUS & SOLID WASTE:

  • EPA entered into a proposed administrative order on consent under CERCLA concerning portions of the McClellan Air Force Base Superfund site in McClellan, California, that requires the respondent to prepare and perform removal actions, one or more remedial investigations and feasibility studies and one or more remedial designs and remedial actions for certain contaminants present on the transferred portions of the site; and reimburse direct and indirect future response costs incurred at the transferred portions of the site. 72 FR 12611 (3/16/07).
  • EPA granted final approval to Colorado to operate its UST program for petroleum and hazardous substances. 72 FR 13446 (3/22/07).
  • EPA granted final authorization of certain changes to Vermont’s hazardous waste program under RCRA. 72 FR 12568 (3/16/07).
  • EPA proposed to grant final authorization of certain changes to Vermont’s hazardous waste program under RCRA; see above for final rule 72 FR 12581 (3/16/07).

MINING:

  • OSM approved an amendment to the Missouri regulatory program under SMCRA. 72 FR 10928 (3/12/07).

WATER:

  • U.S. Army Corps of Engineers reissued (with some modifications) all existing nationwide permits (NWPs), general conditions, and definitions as well as issued six new NWPs, two new general conditions, and 13 new definitions; the effective date for the new and reissued NWPs will be March 19, 2007; they will expire on March 18, 2012. 72 FR 11091 (3/12/07).
  • EPA modified the testing procedures approved for analysis and sampling under the CWA and SDWA; in addition, the Agency changed regulations under the SDWA that establish drinking water sampling and analysis procedures. 72 FR 11199 (3/12/07).
  • EPA approved revisions to Delaware's NPDES program. 72 FR 11874 (3/14/07).
  • EPA announced a 30-day public review and comment period for the external review draft of Part 2 of the 2007 release of its website titled Causal Analysis/Diagnosis Decision Information System. 72 FR 13789 (3/23/07).

WILDLIFE:

  • FWS, under the authority of the ESA, reclassified the American crocodile distinct vertebrate population segment in Florida from endangered to threatened. 72 FR 13027 (3/20/07).
  • FWS designated critical habitat in Catron, Grant, and Hidalgo counties in New Mexico, and Apache, Graham, Greenlee, Pinal, and Yavapai counties in Arizona, for the spikedace and loach minnow. 72 FR 13355 (3/21/07).
  • FWS proposed to designate critical habitat in San Diego County, California, for the plant species San Diego thornmint. 72 FR 11945 (3/14/07).
  • FWS established regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish in Alaska for subsistence uses during the 2007 to 2008 regulatory year. 72 FR 12675 (3/16/07).
  • FWS announced the availability of the final conservation strategy for the grizzly bear in the Greater Yellowstone area. 72 FR 11376 (3/13/07).
  • FWS announced the availability of two supplements to the recovery plan for the Yellowstone grizzly bear population. 72 FR 11376 (3/13/07).
  • FWS announced the availability of the draft comprehensive conservation plan and EA for the Arrowwood National Wildlife Refuge in Foster and Stutsman counties, North Dakota. 72 FR 13508 (3/22/07).
  • FWS announced the availability of the draft economic analysis for the proposed designation of critical habitat for the endangered Hine's emerald dragonfly; in addition, the agency revised the proposed rule it published on July 26, 2006 (71 FR 42442), to include an additional proposed critical habitat unit in Door County, Wisconsin, and amended the required determinations for the proposal. 72 FR 13061 (3/20/07).
  • FWS announced that it intends to gather information necessary to prepare a comprehensive conservation plan and associated environmental documents for the Buck Island, Green Cay, and Sandy Point National Wildlife Refuges in the U.S. Virgin Islands. 72 FR 11046 (3/12/07).
  • FWS announced that it intends to gather information necessary to prepare a comprehensive conservation plan and associated environmental documents for the Cabo Rojo National Wildlife Refuge in Boqueron, Puerto Rico. 72 FR 11047 (3/12/07).
  • FWS announced that it intends to gather information necessary to prepare a comprehensive conservation plan and EA for the Watercress Darter National Wildlife Refuge in Jefferson County, Alabama.72 FR 11048 (3/12/07).
  • NOAA-Fisheries announced temporary restrictions that apply to lobster trap/pot and anchored gillnet fishermen, during the months of March and April, in an area southeast of Boston, Massachusetts; the purpose of this action is to provide protection to an aggregation of northern right whales. 72 FR 13041 (3/20/07).
  • NOAA announced February 16, 2007, as the effective date regarding final regulations from the final rule it published on October 12, 2006 (71 FR 60055,) for the Gray's Reef National Marine Sanctuary; the sanctuary is located 17.5 nautical miles off Sapelo Island, Georgia. 72 FR 12729 (3/19/07).
  • DOI announced the establishment of the Wind Turbine Guidelines Advisory Committee; the Committee will provide advice and recommendations to the Secretary of the Interior on developing effective measures to avoid or minimize impacts to wildlife and their habitats related to land-based wind energy facilities. 72 FR 11373 (3/13/07).

DOJ NOTICES OF SETTLEMENT:

  • United States v. MFS, Inc., No. 05-6656 (E.D. Pa. Mar. 9, 2007). A settling CAA defendant must pay a civil penalty of $109,000, must be assessed stipulated penalties, and must perform injunctive relief including initial performance testing of its mineral wool production plant in Bethlehem, Pennsylvania, to resolve claims of alleged NESHAPs compliance violations. 72 FR 13822 (3/23/07).
  • United States v. B & D Electric Co., Inc., No. 05-00063 (E.D. Mo. Mar. 9, 2007). Based on demonstrated limited financial means, a settling CERCLA defendant (Delta-Y Electric Company) must make a cash payment of $5,000 for costs incurred in response to releases of hazardous substances at the Missouri Electric Works Superfund site in Cape Girardieu, Missouri. 72 FR 13515 (3/22/07).
  • United States v. B & D Electric Co., Inc., No. 05-00063 (E.D. Mo. Mar. 9, 2007). A settling CERCLA defendant (Sara Lee Corporation) must make a cash payment of $25,000 for costs incurred in response to releases of hazardous substances at the Missouri Electric Works Superfund site in Cape Girardieu, Missouri. 72 FR 13515 (3/22/07).
  • United States v. B. & D Electric Co., Inc., No. 05-00063 (E.D. Mo. Mar. 9, 2007). Based on demonstrated limited financial means, a settling CERCLA defendant (National Wrecking Company) must make a cash payment of $30,000 for costs incurred in response to releases of hazardous substances at the Missouri Electric Works Superfund site in Cape Girardieu, Missouri. 72 FR 13515 (3/22/07).
  • United States v. Estate of Joseph Vazzana, Sr., No. CV-04-0620 (E.D.N.Y. Feb. 26, 2007). A settling CERCLA defendant must pay up to $1,100,000 in response costs incurred at the Spectrum Finishing Corp. Superfund site in West Babylon, New York; payment must be made from the sale of real property in the estate. 72 FR 13516 (3/22/07).
  • United States v. E.I. DuPont de Nemours & Co., Inc., No. 07-930 (JBS) (D.N.J. Feb. 27, 2007). A settling CAA defendant must prepare and submit reports with respect to future activities at the DuPont Environmental Treatment, Chambers Works (DET), located in Deepwater, New Jersey, and must pay a $322,000 civil penalty to resolve claims of violating the Act at the DET. 72 FR 12195 (3/15/07).

GUIDANCE DOCUMENTS:

  • EPA, Disposal Instructions on Non-Antimicrobial Residential/Household Use Pesticide Product Labels (Pesticide Registration Notice), 72 FR 13280 (3/21/07).
  • NRC, Proposed License Renewal Interim Staff Guidance: Staff Guidance on Acceptance Review for Environmental Reports for License Renewal Applications, available from the ELR Guidance and Policy Collection, ELR Order No. AD05035.
  • EPA, Interim Guidance for Microarray-Based Assays: Data Submission, Quality, Analysis, Management and Training Considerations (Draft), 72 FR 11873 (3/14/07), available from the ELR Guidance and Policy Collection, ELR Order No. AD05036.
  • EPA, Using the Class V Experimental Technology Well Classification for Pilot Geologic Sequestration Projects: UIC Program Guidance, available from the ELR Guidance and Policy Collection, ELR Order No. AD05037.
  • EPA, Source Water Monitoring Guidance Manual for Public Water Systems: For the Final Long Term 2 Enhanced Surface Water Treatment Rule, available from the ELR Guidance and Policy Collection, ELR Order No. AD05038.
  • EPA, Simultaneous Compliance Guidance Manual (Draft): For the Final Stage 2 M-DBP Rules, available from the ELR Guidance and Policy Collection, ELR Order No. AD05039.

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

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

CHAMBER ACTION:

  • S. Res. 113 (energy), which would commend the achievements and recognize the importance of the Alliance to Save Energy on the 30th anniversary of the incorporation of the Alliance, was agreed to by the Senate. 153 Cong. Rec. S3452 (daily ed. Mar. 20, 2007).
  • H.R. 85 (Energy Technology Transfer Act), which would provide for the establishment of centers to encourage demonstration and commercial application of advanced energy methods and technologies, was passed by the House. 153 Cong. Rec. H2408 (daily ed. Mar. 12, 2007).
  • H.R. 658 (Natural Resource Protection Cooperative Agreement Act), which would authorize the Secretary of the Interior to enter into cooperative agreements to protect natural resources of units of the National Park System through collaborative efforts on land inside and outside of units of the National Park System, was passed by the House. 153 Cong. Rec. H2631 (daily ed. Mar. 19, 2007).
  • H.R. 720 (Water Quality Financing Act of 2007), which would amend the CWA to authorize appropriations for state water pollution control revolving funds, was passed by the House. 153 Cong. Rec. H2345 (daily ed. Mar. 9, 2007).
  • H.R. 838 (land conveyance), which would provide for the conveyance of BLM parcels known as the White Acre and Gambel Oak properties and related real property to Park City, Utah, was passed by the House. 153 Cong. Rec. H2633 (daily ed. Mar. 19, 2007).
  • H.R. 839 (Arthur V. Watkins Dam Enlargement Act), which would authorize the Secretary of the Interior to study the feasibility of enlarging the Arthur V. Watkins Dam Weber Basin Project, Utah, to provide additional water for the Weber Basin Project to fulfill the purposes for which that project was authorized, was passed by the House. 153 Cong. Rec. H2634 (daily ed. Mar. 19, 2007).
  • H.R. 902 (More Water and More Energy Act of 2007), which would facilitate the use for irrigation and other purposes of water produced in connection with development of energy resources, was passed by the House. 153 Cong. Rec. H2628 (daily ed. Mar. 19, 2007).
  • H.R. 1006 (Marine Mammal Rescue Assistance Amendments of 2007), which would amend the provisions of law relating to the John H. Prescott Marine Mammal Rescue Assistance Grant Program, was passed by the House. 153 Cong. Rec. H2634 (daily ed. Mar. 19, 2007).
  • H.R. 1021 (Taunton, Massachusetts, Special Resources Study Act), which would direct the Secretary of the Interior to conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, was passed by the House. 153 Cong. Rec. H2631 (daily ed. Mar. 19, 2007).
  • H.R. 1126 (energy), which would reauthorize the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988, was passed by the House. 153 Cong. Rec. H2411 (daily ed. Mar. 12, 2007).
  • H. Res. 138 (national parks), which would recognize the importance of Hot Springs National Park on its 175th anniversary, was passed by the House. 153 Cong. Rec. H2627 (daily ed. Mar. 19, 2007).

COMMITTEE ACTION:

  • H.R. 802 (marine vessel pollution) was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 110-54, 153 Cong. Rec. H2742 (daily ed. Mar. 20, 2007). The bill would amend the Act to Prevent Pollution from ships to implement MARPOL Annex VI.

BILLS INTRODUCED:

  • S. 832 (Hatch, R-Utah) (public lands) would provide for the sale of approximately 25 acres of public land to the Turnabout Ranch, Escalante, Utah, at fair market value. 153 Cong. Rec. S2969 (daily ed. Mar. 9, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 836 (Lautenberg, D-N.J.) (CWA) would amend the CWA to authorize appropriations for sewer overflow control grants. 153 Cong. Rec. S2969 (daily ed. Mar. 9, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 838 (Smith, R-Or.) (energy) would authorize funding for eligible joint ventures between United States and Israeli businesses and academic persons, and establish the International Energy Advisory Board. 153 Cong. Rec. S3000 (daily ed. Mar. 12, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 843 (Collins, R-Me.) (mercury) would provide for the establishment of a national mercury monitoring program. 153 Cong. Rec. S3000 (daily ed. Mar. 12, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 858 (Wyden, R-Or.) (transportation) would amend the Internal Revenue Code of 1986 to extend the transportation fringe benefit to bicycle commuters. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Finance.
  • S. 859 (Harkin, D-Iowa) (ethanol) would require the Secretary of Energy to award funds to study the feasibility of constructing dedicated ethanol pipelines to increase the energy, economic, and environmental security of the United States. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 864 (Bunning, R-Ky.) (FERC) would amend the Federal Power Act to clarify the jurisdiction of FERC. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 865 (Collins, R-Me.) (oceans) would authorize the Secretary of the Army to carry out a project for the mitigation of shore damages attributable to the project for navigation, Saco River, Maine. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 867 (Kennedy, D-Mass.) (national parks) would adjust the boundary of Lowell National Historical Park. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 868 (Kennedy, D-Mass.) (rivers) would amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the Commonwealth of Massachusetts as a component of the National Wild and Scenic Rivers System. 153 Cong. Rec. S3064 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 872 (Lincoln, D-Ark.) (biodiesel) would amend the Internal Revenue Code of 1986 to extend the excise tax provisions and income tax credit for biodiesel. 153 Cong. Rec. S3124 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on Finance.  
  • S. 875 (Dorgan, D-N.D.) (energy) would improve energy security of the United States through a 50% reduction in the oil intensity of the economy of the United States by 2030 and the prudent expansion of secure oil supplies, to be achieved by raising the fuel efficiency of the vehicular transportation fleet, increasing the availability of alternative fuel sources, fostering responsible oil exploration and production, and improving international arrangements to secure the global oil supply. 153 Cong. Rec. S3124 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on Finance.
  • S. 878 (Kohl, D-Wis.) (oil and gas) would prevent anti-competitive mergers and acquisitions in the oil and gas industry. 153 Cong. Rec. S3124 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on the Judiciary.
  • S. 879 (Kohl, D-Wis.) (oil) would amend the Sherman Act to make oil-producing and exporting cartels illegal. 153 Cong. Rec. S3124 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on the Judiciary.
  • S. 900 (Hatch, R-Utah) (land exchange) would authorize the Boy Scouts of America to exchange certain land in the state of Utah acquired under the Recreation and Public Purposes Act. 153 Cong. Rec. S3199 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Energy and Natural Resources.  
  • S. 905 (Inhofe, R-Okla.) (oil and gas) would amend the Internal Revenue Code of 1986 to eliminate the taxable income limit on percentage depletion for oil and natural gas produced from marginal properties. 153 Cong. Rec. S3199 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Finance.
  • S. 906 (Obama, D-Ill.) (mercury) would prohibit the sale, distribution, transfer, and export of elemental mercury. 153 Cong. Rec. S3199 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Environment and Public Works.
  • S. 916 (Craig, R-Idaho) (land conveyance) would modify the boundary of the Minidoka Internment National Monument, establish the Minidoka National Historic Site, and authorize the Secretary of the Interior to convey certain land and improvements of the Gooding Division of the Minidoka Project, Idaho. 153 Cong. Rec. S3272 (daily ed. Mar. 19, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 917 (Allard, R-Colo.) (national parks) would clarify the authority of the Secretary of the Interior with regard to management of elk in Rocky Mountain National Park. 153 Cong. Rec. S3272 (daily ed. Mar. 19, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 919 (Menendez, D-N.J.) (energy) would reauthorize Department of Agriculture conservation and energy programs and certain other programs of the Department, and modify the operation and administration of these programs. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 923 (Kerry, D-Mass.) (national trails) would amend the National Trails System Act to designate the New England National Scenic Trail. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 924 (Cantwell, D-Wash.) (oceans) would strengthen the U.S. Coast Guard's Integrated Deepwater Program. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 928 (Nelson, D-Fla.) (natural catastrophes) would establish a program to provide more protection at lower cost through a national backstop for state natural catastrophe insurance programs to help the United States better prepare for and protect its citizens against the ravages of natural catastrophes, encourage and promote mitigation and prevention for and recovery and rebuilding from such catastrophes, better assist in the financial recovery from such catastrophes, and develop a rigorous process of continuous improvement. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Banking, Housing, and Urban Affairs.
  • S. 930 (Martinez, R-Fla.) (hurricanes) would amend the Internal Revenue Code of 1986 to provide a credit against tax for hurricane and tornado mitigation expenditures. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Finance.
  • S. 931 (Martinez, R-Fla.) (hurricanes) would establish the National Hurricane Research Initiative to improve hurricane preparedness. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 934 (Nelson, D-Fla.) (land conveyance) would amend the Florida National Forest Land Management Act of 2003 to authorize the conveyance of an additional tract of National Forest System land under that Act. 153 Cong. Rec. S3352 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 949 (Boxer, D-Ca.) (plants) would amend the Plant Protection Act to authorize the Secretary of Agriculture to enter into cooperative agreements with states to augment the efforts of the states to conduct early detection and surveillance to prevent the establishment or spread of plant pests that endanger agriculture, the environment, and the economy of the United States. 153 Cong. Rec. S3516 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 950 (Snowe, R-Me.) (coastal resources) would develop and maintain an integrated system of coastal and ocean observations for the nation's coasts, oceans, and Great Lakes; improve warnings of tsunami, hurricanes, El Niño events, and other natural hazards; enhance homeland security; support maritime operations; and improve management of coastal and marine resources. 153 Cong. Rec. S3516 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 952 (McCain, R-Ariz.) (public policy) would amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to provide funds for training in tribal leadership, management, and policy. 153 Cong. Rec. S3516 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Indian Affairs.
  • S. 955 (Durbin, D-Ill.) (national heritage area) would establish the Abraham Lincoln National Heritage Area. 153 Cong. Rec. S3517 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 956 (Durbin, D-Ill.) (national heritage area) would establish the Land Between the Rivers National Heritage Area in the state of Illinois. 153 Cong. Rec. S3517 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 962 (Bingaman, D-N.M.) (energy) would amend the Energy Policy Act of 2005 to reauthorize and improve the carbon capture and storage research, development, and demonstration program of DOE. 153 Cong. Rec. S3607 (daily ed. Mar. 22, 2007). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 971 (Bond, R-Mo.) (agriculture) would establish the National Institute of Food and Agriculture and provide funding for the support of fundamental agricultural research of the highest quality. 153 Cong. Rec. S3607 (daily ed. Mar. 22, 2007). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • H.R. 1451 (Daniel E. Lungren, R-Cal.) (oil) would provide incentives to reduce dependence on foreign oil. 153 Cong. Rec. H2399 (daily ed. Mar. 9, 2007). The bill was referred to the Committees on Ways and Means, on Science and Technology, and on Energy and Commerce.
  • H.R. 1462 (Udall, D-Colo.) (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. H2400 (daily ed. Mar. 9, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1463 (Udall, D-Colo.) (restoration) would provide a source of funds to carry out restoration activities on federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. 153 Cong. Rec. H2400 (daily ed. Mar. 9, 2007). The bill was referred to the Committee on Natural Resources and Committee on Agriculture.
  • H.R. 1464 (Udall, D-N.M.) (conservation) would assist in the conservation of rare felids and canids by supporting and providing financial resources for the conservation programs of nations within the range of rare felid and canid populations and projects of persons with demonstrated expertise in the conservation of such populations. 153 Cong. Rec. H2400 (daily ed. Mar. 9, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1478 (Grijalva, D-Ariz.) (public policy) would amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to provide funds for training in tribal leadership, management, and policy. 153 Cong. Rec. H2436 (daily ed. Mar. 12, 2007). The bill was referred to the Committee on Education and Labor and Committee on Natural Resources.
  • H.R. 1483 (Regula, R-Ohio) (national heritage areas) would amend the Omnibus Parks and Public Lands Management Act of 1996 to extend the authorization for certain national heritage areas. 153 Cong. Rec. H2436 (daily ed. Mar. 12, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1484 (Tancredo, R-Colo.) (public lands) would provide consistent enforcement authority to BLM, the National Park Service, FWS, and the Forest Service to respond to violations of regulations regarding the management, use, and protection of public lands under the jurisdiction of these agencies. 153 Cong. Rec. H2436 (daily ed. Mar. 12, 2007). The bill was referred to the Committee on Natural Resources and Committee on Agriculture
  • H.R. 1495 (Oberstar, D-Minn.) (water) would provide for the conservation and development of water and related resources, and authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1497 (Blumenauer, D-Or.) (plants) would amend the Lacey Act Amendments of 1981 to extend its protections to plants illegally harvested outside of the United States. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1498 (Blumenauer, D-Or.) (transportation) would amend the Internal Revenue Code of 1986 to extend the transportation fringe benefit to bicycle commuters. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1502 (Fallin, R-Okla.) (water) would treat certain payments made by Edmond, Oklahoma, as satisfying its obligations under the water storage control for Lake Arcadia, Oklahoma. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1503 (Grijalva, D-Ariz.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Avra/Black Wash Reclamation and Riparian Restoration Project. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1504 (LoBiondo, R-N.J.) (coastal restoration) would ensure the continuation and improvement of coastal restoration. 153 Cong. Rec. H2485 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1506 (Markey, D-Mass.) (fuel economy) would increase fuel economy standards for automobiles. 153 Cong. Rec. H2486 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1507 (McDermott, D-Wash.) (ESA) would ensure that proper information gathering and planning are undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River Basin in a manner that protects and enhances local communities, ensures effective expenditure of federal resources, and maintains reasonably priced, reliable power, and direct the Secretary of Commerce to seek scientific analysis of federal efforts to restore salmon and steelhead listed under the ESA. 153 Cong. Rec. H2486 (daily ed. Mar. 13, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1526 (George Miller, D-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Bay Area Regional Water Recycling Program. 153 Cong. Rec. H2570 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1528 (Olver, D-Mass.) (national trails) would amend the National Trails System Act to designate the New England National Scenic Trail. 153 Cong. Rec. H2571 (daily ed. Mar. 14, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1533 (Allen, D-Me.) (mercury) would provide for the establishment of a national mercury monitoring program. 153 Cong. Rec. H2619 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1534 (Allen, D-Me.) (mercury) would prohibit the sale, distribution, or transfer of mercury, and prohibit the export of mercury. 153 Cong. Rec. H2619 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1545 (Fortuño, R-P.R.) (national parks) would direct the Secretary of the Interior to conduct a boundary study to evaluate the significance of Fort San Geronimo and other related resources in the commonwealth of Puerto Rico and the suitability and feasibility of their inclusion in the National Park System as part of the San Juan National Historic Site. 153 Cong. Rec. H2620 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1547 (Harman, D-Cal.) (energy) would prohibit the sale of certain inefficient light bulbs and require the development of a plan for increasing the use of more efficient light bulbs by consumers and businesses. 153 Cong. Rec. H2620 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1551 (Kind, D-Wis.) (conservation) would reauthorize Department of Agriculture conservation and energy programs and certain other programs of the Department, and modify the operation and administration of these programs. 153 Cong. Rec. H2620 (daily ed. Mar. 15, 2007). The bill was referred to the Committee on Agriculture and Committees on Education and Labor, and Armed Services.
  • H.R. 1558 (Renzi, R-Ariz.) (land study) would direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study of certain land adjacent to the Walnut Canyon National Monument in the state of Arizona. 153 Cong. Rec. H2624 (daily ed. Mar. 16, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1564 (Bishop, D-N.Y.) (CWA) would amend the CWA to provide additional protection to estuaries of national significance. 153 Cong. Rec. H2671 (daily ed. Mar. 19, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1573 (Simpson, R-Idaho) (land conveyance) would modify the boundary of the Minidoka Internment National Monument, establish the Minidoka National Historic Site, and authorize the Secretary of the Interior to convey certain land and improvements of the Gooding Division of the Minidoka Project, Idaho. 153 Cong. Rec. H2671 (daily ed. Mar. 19, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1576 (Thompson, D-Cal.) (conservation) would amend the Internal Revenue Code of 1986 to make permanent the special rule for contributions of qualified conservation contributions. 153 Cong. Rec. H2671 (daily ed. Mar. 19, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1587 (Schmidt, R-Ohio) (levees) would direct the Secretary of the Army to carry out programs and activities to enhance the safety of levees in the United States. 153 Cong. Rec. H2742 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 1590 (Waxman, D-Cal.) (climate change) would reduce greenhouse gas emissions and protect the climate. 153 Cong. Rec. H2743 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Energy and Commerce and Committee on Foreign Affairs.
  • H.R. 1596 (Ferguson, R-N.J.) (renewable energy) would amend the Internal Revenue Code of 1986 to provide and extend tax incentives for renewable energy and conservation. 153 Cong. Rec. H2743 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1602 (Jefferson, D-La.) (environmental justice) would ensure environmental justice in the areas affected by Hurricanes Katrina and Rita. 153 Cong. Rec. H2743 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Energy and Commerce and Committee on Natural Resources.
  • H.R. 1612 (Simpson, R-Idaho) (land conveyance) would modify the boundary of the Minidoka Internment National Monument, establish the Minidoka National Historic Site, and authorize the Secretary of the Interior to convey certain land and improvements of the Gooding Division of the Minidoka Project, Idaho. 153 Cong. Rec. H2744 (daily ed. Mar. 20, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1618 (Camp, R-Mich.) (hybrid vehicles) would amend the Internal Revenue Code of 1986 to provide a credit for the purchase of plug-in hybrid vehicles. 153 Cong. Rec. H2820 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Ways and Means.
  • H.R. 1625 (LaHood, R-Ill.) (national heritage area) would establish the Abraham Lincoln National Heritage Area. 153 Cong. Rec. H2821 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1633 (Rothman, D-N.J.) (chemicals) would amend the Homeland Security Act of 2002 to prohibit the Secretary of Homeland Security from prescribing regulations that preempt more stringent state regulations governing chemical facility security. 153 Cong. Rec. H2821 (daily ed. Mar. 21, 2007). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 1657 (Rohrabacher, R-Cal.) (NOAA) would establish a Science and Technology Scholarship Program to award scholarships to recruit and prepare students for careers in the National Weather Service and NOAA marine research, atmospheric research, and satellite programs. 153 Cong. Rec. H2956 (daily ed. Mar. 22, 2007). The bill was referred to the Committee on Science and Technology.
  • H.R. 1658 (Salazar, D-Colo.) (wildlife) would amend the Great Sand Dunes National Park and Preserve Act of 2000 to explain the purpose and provide for the administration of the Baca National Wildlife Refuge. 153 Cong. Rec. H2956 (daily ed. Mar. 22, 2007). The bill was referred to the Committee on Natural Resources.
  • H.R. 1659 (Salazar, D-Colo.) (environmental assistance) would provide environmental assistance to non-federal interests in the state of Colorado. 153 Cong. Rec. H2956 (daily ed. Mar. 22, 2007). The bill was referred to the Committee on Transportation and Infrastructure.
  • H. Con. Res. 94 (Bordallo, D-Guam) (fishing) would encourage the elimination of harmful fishing subsidies that contribute to overcapacity in commercial fishing fleets worldwide and lead to the overfishing of global fish stocks. 153 Cong. Rec. H2744 (daily ed. Mar. 20, 2007). The concurrent resolution was referred to the Committee on Natural Resources.
  • H. Con. Res. 96 (Dicks, D-Wash.) (greenhouse gases) would express the sense of Congress that there should be enacted a mandatory national program to slow, stop, and reverse emissions of greenhouse gases. 153 Cong. Rec. H2821 (daily ed. Mar. 21, 2007). The concurrent resolution was referred to the Committee on Energy and Commerce.

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 Maine New Mexico South Dakota Colorado Massachusetts North Carolina Texas Florida Michigan Ohio Vermont Georgia Missouri Oklahoma Virginia Illinois New Hampshire Rhode Island Washington Kentucky New Jersey South Carolina  

CALIFORNIA

Air:

  • The Air Resources Board will conduct a public hearing to consider adoption of the Proposed Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products. The proposed measure would reduce the public’s current exposure to formaldehyde by reducing emissions from hardwood plywood, particle board and medium density fiberboard panels. It would also apply to finished goods made with these materials. The hearing will be held April 26, 2007. See http://www.oal.ca.gov/notice/10z-2007.pdf (p.448)
  • The California Energy Commission will hold a public hearing on proposed new regulations establishing a greenhouse gas emission performance standard for baseload generation powerplants and a process for calculating the emissions of greenhouse gases from baseload powerplants and enforcing the standard. The proposed actions are taken under the authority of sections 25213 and 25218(e) of the Public Resources Code. These regulations would implement, interpret, and make specific several provisions of Public Utilities Code section 8341. The hearing will be held April 25, 2007. Comments are due April 25, 2007. See http://www.oal.ca.gov/notice/10z-2007.pdf (p. 452)

Toxic Substances:

  • The Department of Toxic Substances Control will hold a public hearing on the proposal to amend the California Code of Regulations, chapter 51.5, article 1, emergency regulations that were approved by the Office of Administrative Law (OAL) on November 27, 2006, and designated as OAL Reference Number 06-1117-11E. The proposed regulations will finalize the emergency provisions and make other procedural and clarifying changes to regulation text in sections 69100, 69101, 69102, 69103, 69104, 69105, 69106, 69107, 69108 and adding section 69109. The hearing will be held April 23, 2007. Comments are due April 23, 2007. See http://www.oal.ca.gov/notice/10z-2007.pdf (p. 457)

COLORADO

Water:

FLORIDA

Air:

  • The Department of Environmental Protection gives noticed of proposed rule amendments to: 62-210.200, Definitions; 62-210.300, Permits Required; 62-210.310, Air General Permits; and 62-210.920, Registration Forms for Air General Permits. The proposed rule amendments revise and update requirements for bulk gasoline plant permitting exemptions and for the use of the Bulk Gasoline Plant Air General Permit. If requested, the Department will hold a public hearing on April 11, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3311/3311.html (p. 1284)
  • The Department of Environmental Protection gives notice of proposed rule amendments to: 62-252.200, Definitions;62-252.300, Gasoline Dispensing Facilities--Stage I Vapor Recovery; 62-252.400, Gasoline Dispensing Facilities--Stage II Vapor Recovery; 62-252.500, Gasoline Tanker Trucks or Trailers; and 62-252.900, Form. The proposed rule amendments address air pollution regulatory requirements statewide for gasoline dispensing facilities and tanker trucks and trailers. If requested, the Department will hold a public hearing on April 11, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3311/3311.html (p. 1286)
  • The Department of Environmental Protection gives notice of proposed rule amendments to: 62-296.418, Bulk Gasoline Plants; and 62-296.509, Bulk Gasoline Plants. The proposed rule addresses control technology requirements for new bulk gasoline plants on a statewide basis. If requested, the Department will hold a public hearing on April 11, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3311/3311.html (p. 1289)

Fisheries:

  • The Fish and Wildlife Conservation Commission will hold a public hearing on the proposed repeal of 68A-23.008, Introduction of Non-Native Aquatic Species in the Waters of the State; Provisions for Sale and Inspection of Fish for Bait or Propagation Purpose; Diseased Fish. This proposed repeal eliminates provisions relating to introduction of non-native aquatic species, which will be moved to proposed new Rule Chapter 68-5, F.A.C. The repealed provisions relating to diseased fish will be moved to Rule 68A-4.005, F.A.C. The effect of this repeal will be to consolidate related regulatory provisions in the same place and allow citizens easier access to them. The hearing will be held April 11-12, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1117)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to: 68B-14.001, Purpose and Intent, Designation as Restricted Species; 68B-14.0035, Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper; 68B-14.00355, Size Limits for Importation and Sale; 68B-14.0036, Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption; 68B-14.0045, Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits; and 68B-14.005, Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation. The purpose of these rule amendments is to modify the Commission's Reef Fish Rule to become consistent with federal reef fish regulations in the South Atlantic and Gulf of Mexico. The hearing will be held April 11-12, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1119)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to: 68B-28.003, Diving: Open and Closed Areas; and 68B-28.0035, Commercial Sponge Size Limit and Gear. The purpose of these rule amendments is to expand the area where the taking of commercial sponges by diving in the waters of the state of Florida is allowed and to specify the method by which they may be harvested. The hearing will be held April 11-12, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1123)

Water:

  • The Department of Environmental Protection will hold a public hearing on proposed new Chapter 62-346, F.A.C., to implement the new Environmental Resource Permitting Program within the Northwest Florida Water Management District, generally referred to as the “Panhandle.” The hearing will be held April 4, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1077)
  • The Department of Environmental Protection will hold a public hearing on proposed rule amendments to 62-4.001, Scope of Part I; 62-4.200, Scope of Part II; and 62-4.510, Scope of Part III. The proposed rule amends the scope sections within each of the three Parts of Chapter 62-4, F.A.C., as part of concurrent rulemaking that will implement a new Environmental Resource Permitting Program in the Florida Panhandle. The hearing will be held April 4, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1071)
  • The Department of Environmental Protection will hold a public hearing on proposed rule amendments to numerous sections within Chapter 62-341, F.A.C., which currently establishes 35 noticed general permits under the Environmental Resource Permit (ERP) program authorized by Part IV of Chapter 373, F.S., within the Suwannee River, St. Johns River, Southwest Florida, and South Florida Water Management Districts. The chapter is proposed to be amended to make available certain noticed general permits within the Florida Panhandle, as authorized and mandated by Section 373.4145, F.S., as amended by Chapter 2006-208, Laws of Florida. Specifically, Section 373.4145(3)(d), F.S., requires the new ERP rules in the Panhandle to “Incorporate the exemptions and general permits that are effective under this part and have been enacted by rule by the department and other water management districts, including the general permits authorized by Section 403.814, F.S.” The hearing will be held April 4, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1072)

Wildlife:

  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed new rule 68-1.003, Florida Fish and Wildlife Conservation Commission Grants Program. The purpose of the proposed rule is to revise the dates of three Commission grant program guideline documents that are incorporated by reference in the rule. These changes will primarily clarify and update certain programmatic and administrative processes to improve efficiency. The hearing will be held April 11-12, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1110)
  • The Fish and Wildlife Conservation Commission will hold a public hearing on proposed amendments to: 68A-25.002, General Provisions for Taking, Possession and Sale of Reptiles; and 68A-25.006, Possession, Exhibition, and Caging Venomous Reptiles: Prohibited Species. The purpose of this rule amendment and rule repeal is to delete provisions regarding the importation of certain tortoises and provide for the continuation of permit requirements for possession of venomous reptiles until January 1, 2008, at which time superseding requirements will become effective in new Rule 68A-6.007, F.A.C. The rule repeal will eliminate on January 1, 2008, provisions for caging and exhibition of venomous reptiles. Those provisions will be replaced by Rule 68A-6.007, F.A.C., on that date. The effect of this rulemaking will be to consolidate related regulatory provisions in the same place and allow citizens easier access to them. The hearing will be held April 11-12, 2007. See http://faw.dos.state.fl.us/newfaw/FAWVOLUMEFOLDERS2007/3310/3310.html (p. 1117)

GEORGIA

Fisheries:

  • The Board of Natural Resources has adopted amendments to the Coastal Marshlands Protection Rules. In approving the amendments, the Board of Natural Resources Coastal Committee tasked the Department of Natural Resources to begin development of an exception or exemption to the 50-foot marshlands buffer, through a public scoping process, and to report back at the April meeting.  Public meetings to gather input on the proposed marshlands buffer exception or exemption have been set for March 20  and March 21, 2007. See http://crd.dnr.state.ga.us/content/displaycontent.asp?txtDocument=1118

Water:

  • The Environmental Protection Division of the Georgia Department of Natural Resources will hold a series of public hearings on proposed amendments to Georgia’s Rules for Environmental Planning Criteria, Rule 391-3-16-.01, Water Supply Watersheds. This rule is being amended to clarify that local ordinances providing for the protection of required stream buffers may also contain provisions for alternative buffer widths that specify a set of guidelines that determines the amount of buffer and requirements for other guidelines that must be followed. The hearings will be held April 4 and 5, 2007. Comments are due April 13, 2007. See http://www.gaepd.org/environet/16/notice.pdf

ILLINOIS

Hazardous and Solid Waste:

  • The Pollution Control Board has adopted numerous amendments to 35 Ill. Adm. Code 742, Tiered Approach to Corrective Action Objectives (TACO). The TACO regulations provide methods for developing risk-based remediation objectives to be used in environmental contamination cleanups under the Leaking Underground Storage Tank Program, Site Remediation Program, and RCRA Part B Permits and Closure Plans. See http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue10.pdf (p. 4063)

Water:

KENTUCKY

Air:

  • The Kentucky Environmental and Public Protection Cabinet is soliciting public comment on the annual monitoring network plan prior to submission to U.S. EPA. The annual monitoring network plan details the operation and location of ambient air monitors operated by the Kentucky Division for Air Quality, Louisville Metro Air Pollution Control District, the National Park Service, and required industrial monitors. Comments are due April 18, 2007. See http://www.air.ky.gov/homepage_repository/Public+Hearings.htm

MAINE

Air:

  • The Department of Environmental Protection Bureau of Air Quality will hold a public hearing on proposed amendments to Chapter 121, Emission Limitations and Emission Testing of Resource Recovery Facilities, Rule 2007-P55. The Department is seeking to adopt the federal standards by reference and to adopt a more stringent state standard for dioxin furan emissions. The hearing will be held April 5, 2007. Comments are due April 19, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/031407.htm

Fisheries:

  • The Department of Marine Resources will hold a series of public hearings on proposed amendments to Chapter 23, Lobster and Crab, Rule 2007-P59. The proposed rules consolidate and update all dealer reporting requirements by standardizing reported data elements and requiring dealers to report on all species landed. The hearings will be held April 9,10, and 13, 2007. Comments are due April 23, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/032107.htm
  • The Department of Inland Fisheries and Wildlife has adopted Rule 2007-97, Chapter 13, Watercraft Regulations. The new rule establishes a motor-size restriction on Nadeau Lake, located in the town of Fort Fairfield, Aroostook County. Motorboats with more than 10 horsepower will be prohibited on this body of water. The rule became effective March 19, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/032107.htm

Land Use:

  • The Department of Conservation Bureau of Parks and Lands has adopted rule number 2007-77, which increases the percentage of the maximum cost sharing on municipal grants from 50% to 70% and updates statutory references contained in the rule. This rule became effective March 11, 2007. See http://www.maine.gov/sos/cec/rules/notices/2007/031407.htm


MASSACHUSETTS

Toxic Substances:

  • The Department of Environmental Protection will hold six public hearings on proposed amendments to 310 CMR 70.00 and new chapters 310 CMR 74.00 and 310 CMR 75.00. The proposed regulations will be applicable to all vehicle recyclers, scrap recycling facilities, automobile dealers, and manufacturers of mercury-added products.  The proposed regulations primarily address the management of mercury-added components from products at the end of their useful lives, as specified in the Mercury Management Act.  The hearings will be held April 17, 18, 19, 24, and 25, 2007. Comments are due May 7, 2007. See http://www.mass.gov/dep/toxics/stypes/hgphase1.htm

Water:

MICHIGAN

Air:

  • The Air Quality Division will hold a public hearing on the following proposed revisions to Part 8, Emission Limitations and Prohibitions, Oxides of Nitrogen: R 336.1802a; R 336.1803; R 336.1821 to R 336.1826; and R 336.1830 to R 336.1834. These proposed rules are being developed to meet requirements of U.S. EPA's Clean Air Interstate Rule to reduce transported emissions of oxides of nitrogen from electric generating units and large non-electric generating units. The proposed rules can be viewed at http://www.michigan.gov/deqair (click on "Laws & Rules"). The hearing will be held April 2, 2007. Comments are due April 2, 2007. See http://www.michigan.gov/deq/0,1607,7-135-3308-163996--,00.html#PublicHearings

MISSOURI

Air:

  • The Air Conservation Commission will hold a public hearing on the proposal to amend 10 CSR 10-6.300, Conformity of General Federal Actions to State Implementation Plans. This rule implements §176(c) of the CAA, as amended (42 U.S.C. §§7401-7671q), and regulations under 40 CFR part 51 subpart W, with respect to the conformity of general federal actions to the applicable implementation plan. The hearing will be held April 26, 2007. Comments are due May 3, 2007. See http://www.sos.mo.gov/adrules/moreg/current/2007/v32n6/v32n6.pdf (p. 541)

Land Use:

NEW HAMPSHIRE

  • The Fish and Game Department will hold a public hearing on the proposed readoption with amendments of Fis 800, Fish and Game rules on the importation, possession, and use of all wildlife. The hearing will be held April 3, 2007. Comments are due April 13, 2007. See http://www.gencourt.state.nh.us/rules/march-9-07.pdf (p. 3)

NEW JERSEY

Toxic Substances:

  • The Department of Environmental Protection is soliciting public comment on the proposal to amend the Toxic Catastrophe Prevention Act Program Rules, N.J.A.C. 7:31, to expand the requirements relating to inherently safer technologies to apply to processes covered under Programs 2 and 3 of the federal Chemical Accident Prevention program and to make these requirements applicable to both existing and new processes rather than to just newly designed and constructed Program 3 covered processes. See http://www.nj.gov/dep/rules/proposals/20070416a.pdf

NEW MEXICO

Hazardous and Solid Waste:

  • The Environmental Improvement Board has adopted amendments to 20.7.3 NMAC, Sections 7, 201, 202, 203, 301, 302, 401, 403, 405, 501, 601, 605, 701, 702, 703, 801, 803, 805, 807, 808, 811, 902, 904, and 907. This rule relates to liquid waste disposal and treatment. The amendments become effective April 1, 2007. See http://www.nmcpr.state.nm.us/nmregister/xviii/xviii05/20.7.3amend.ht

Water:

General:

  • The New Mexico Environment Department will hold a public hearing to consider promulgation of 20.1.9 NMAC to govern regulatory change hearings held by the Department in order to standardize such procedures. The proposed procedures would allow any person, including the Department, to petition the Department to adopt, amend, or repeal any regulation within the Department's jurisdiction. The hearing will be held March 26, 2007. See http://www.nmenv.state.nm.us/NMED/RevisedPublicNoticeForNewspaper.pdf

NORTH CAROLINA

Water:

OHIO

Hazardous and Solid Waste:

  • The Ohio Environmental Protection Agency will hold a public hearing on the following rulemaking activities: rescission of rule number 3745-27-36, Requirements for infectious waste registration certification; new 3745-27-36, Registration requirements for generators and transporters of infectious waste; and amendment of 3745-27-37, 3745-27-38, and 3745-27-39, all relating to infectious waste treatment facilities. The hearing will be held April 10, 2007. See http://www.registerofohio.state.oh.us/jsps/

OKLAHOMA

Air

  • The Department of Environmental Quality will hold a public hearing on proposed permanent amendments to Chapter 100, Air Pollution Control. The Department is proposing to amend OAC 252:100-1-3, 252:100-8-1.1, 252:100-37-2, and 252:100-39-2 to clarify definitions including particulate matter and volatile organic compounds. The Department is proposing to amend OAC 252:100-7-2, 252:100-7-15, and 252:100-7-18 to provide consistency with state statutes and other air pollution control rules, remove reference to Subchapter 41, which has been revoked, correct the emissions calculation methods for determining if a permit is required, and clarify when construction permits are required and provide for administrative amendments to operating permits for minor facilities. The Department proposes to amend OAC 252:100-17, Part 5, to meet federal requirements for state plans CAA §111(d) applicable to existing sources. The proposed changes would incorporate standards (40 CFR 60, Subpart Cb) published on May 5, 2006, in the Federal Register that apply to Municipal Waste Combustor units with the capacity to combust more that 250 tons per day of municipal solid waste. The Department proposes to revoke OAC 252:100-37-38, Pumps and compressors. The Department is proposing a new Subchapter 44, Control of Mercury Emissions from Coal Fired Electric Steam Generating Units. The proposed new subchapter will incorporate by reference the federal Clean Air Mercury Rule (CAMR) issued in March 2005 with proposed allocations and set-asides. Prior to and at the public hearing, the Department will accept public comments regarding the allocation of mercury credits for inclusion in Oklahoma's CAMR SIP. The Department is proposing to update Appendices E and F to be consistent with federal standards. The hearing will be held April 18, 2007. Comments are due April 18, 2007. See http://www.oar.state.ok.us/register/Volume-24_Issue-13.htm#a16417

RHODE ISLAND

Fisheries:

  • The Department of Environmental Management will hold a public hearing on proposed amendments to the Rhode Island Marine Fisheries Regulations. Public comment will be solicited on the following proposals: Proposal for a lobster trap transferability plan; Proposed changes to the summer flounder recreational management plan; Proposed changes to the tautog recreational management plan; Proposed changes to the tautog commercial management plan; Proposed changes to the striped bass commercial management plan; and Proposed changes to the weakfish management plan. The hearing will be held April 9, 2007. See http://www.dem.ri.gov/programs/bnatres/fishwild/pn040907.htm

SOUTH CAROLINA

Air:

SOUTH DAKOTA

Fisheries:

  • The Department of Environment and Natural Resources Board of Minerals and Environment will hold a public hearing on the proposal to amend 33 SDR 151, air pollution control program rules, to
    comply with revision to the federal regulations. The hearing will be held April 19, 2007. See http://legis.state.sd.us/rules/register/03192007.pdf

TEXAS

Fisheries:

  • The Texas Parks and Wildlife Commission has adopted an amendment to §58.161, concerning Shrimping in Outside Waters, with changes to the proposed text as published in the December 22, 2006, issue of the Texas Register (31 TexReg 10247). The change would impose a maximum 60-day limit on any closure of the summer Gulf shrimping season implemented by order of the executive director. The amendment became effective March 21, 2007. See http://www.sos.state.tx.us/texreg/sos/adopted/31.NATURAL%20RESOURCES%20AND%20CONSERVATION.html#181

General:

Land Use:

VERMONT

Air:

  • The Air Pollution Control Division has extended the date for receiving comments on a pre-proposal of Vermont's Draft Rule to implement the Regional Greenhouse Gas Initiative. Comments are now due April 16, 2007. See http://www.anr.state.vt.us/air/cfm/AirWhatsNew.cfm

Water:

VIRGINIA

Air:

  • The Department of Environmental Quality will hold two public hearings on proposed revisions to the SIP. The revisions consist of a Reasonable Further Progress (RFP) Plan for 2002-2008, an attainment plan, an analysis of reasonably available control measures, an attainment demonstration, contingency plans for failure to attain RFP and failure to attain the air quality standard, and mobile source budgets. The hearings will be held April 24, 2007. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=9054

WASHINGTON

Water:

  • The Department of Ecology will hold two public hearings on proposed amendments to Chapter 173-98 WAC, Uses and Limitations of the Water Pollution Control Revolving Fund, and Chapter 173-95A WAC, Uses and Limitations of the Centennial Clean Water Fund. The hearings will be held March 28 and 29, 2007. See http://www.ecy.wa.gov/laws-rules/wac17398/p0516_cont.pdf
  • The Department of Ecology is soliciting public comment on the proposal to adopt amendments to Chapter 173-545 WAC, Wenatchee River Basin, water resource inventory area 45. The proposed rule amendment will address revised instream flows and tools for managing water in the Wenatchee basin. See http://www.ecy.wa.gov/laws-rules/wac173545/p0706.pdf

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

INTERNATIONAL

UK ANNOUNCES NEW MARINE BILL

Great Britain has launched a new Marine Bill, aiming to protect the country's seas and marine life by creating protected areas, improving the regulation of inshore fisheries, and easing planning for offshore industry. The bill, which calls for the creation of up to eight new Special Areas of Conservation, goes out for consultation with the aim of passing legislation next year. "The proposals in the Marine Bill White Paper are a first for the UK, and would raise planning for the management and protection of our seas to a world-leading level," said Environment Secretary David Miliband. See http://news.bbc.co.uk/2/hi/science/nature/6453287.stm

US LAWMAKERS SEEK SUPPORT FOR BILL TO CURB TRADE IN ILLEGAL TIMBER

A group of U.S. lawmakers, led by Rep. Earl Blumenauer, D-Or., is in search of support for a new logging bill that would ban the import, export, or sale of timber products made in violation of domestic or foreign law or international treaty. The bill, which is co-sponsored by Reps. Robert Wexler, D-Fla., and Jerry Weller, R-Ill., proposes to extend the Lacey Act, which prohibits the importation of wildlife taken in violation of conservation laws, to wood and timber products. "Illegal logging is a problem that crosses national boundaries to affect communities, companies and ecosystems alike," said Representative Blumenauer. According to the U.S. International Trade Commission, as much as 30 percent of U.S. hardwood imports are from suspicious or illegal sources. See http://www.enn.com/energy.html?id=1482

BRITAIN PROPOSES BINDING LIMITS ON CARBON EMISSIONS

Britain's draft Climate Change Bill calls for carbon dioxide emissions to be cut by at least 60 percent by 2050 and would create a legally binding interim target for carbon cuts of 26 to 32 percent by 2020. The new bill also sets out five-year carbon budgets to reach the target and establishes an independent committee to monitor annual progress. Environment Minister David Miliband said, "governments that fail to meet the stipulations of the bill will be subject to judicial review." The draft bill will be subjected to three months of public and parliamentary consultation before becoming law next year. See
http://www.reuters.com/article/topNews/idUSL1251789320070313

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

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