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Weekly Update Volume 40, Issue 21

07/26/2010

LITIGATION 

CWA, NPDES PERMITS, PETITIONS FOR REVIEW:

The First Circuit held that the EPA Environmental Appeals Board properly declined a city's petition for review of EPA's grant of a NPDES permit for a city wastewater treatment plant. A petition for review must demonstrate either that EPA's decision involved a clearly erroneous finding of fact or conclusion of law, or that the petitioner's appeal raised an important policy consideration that the Board, in its discretion, should review. Here, the city did not meet this burden and, therefore, procedurally defaulted on its claim. The city sought changes to the permit's terms, but the city failed to specify which permit conditions it was challenging before the Board. Nor did it explain why the NPDES limits were unachievable, let alone clearly erroneous. The city also failed to identify any important policy consideration that would "spur the Board" to assume jurisdiction.City of Pittsfield v. United States Environmental Protection Agency, No. 09-1879, 40 ELR 20184 (1st Cir. July 16, 2010).

FIFRA, REGISTRATION CANCELLATION:

The D.C. Circuit reversed and remanded a lower court decision dismissing on jurisdictional grounds a pesticide manufacturer's complaint against EPA challenging its misbranding enforcement authority under FIFRA. In May 2008, EPA issued a risk mitigation decision (RMD) for 10 rodenticides and notified the company that its registered products containing these rodenticides would be considered misbranded in June 2011 unless certain product changes were made. The company notified EPA that it would not make the changes and instead intended to challenge the RMD through the registration cancellation procedures of FIFRA §6. When EPA did not expeditiously commence cancellation proceedings, the company filed suit. The manufacturer argued that EPA's non-initiation of §6 cancellation proceedings, in effect canceling the registrations without following the regulatory procedures set forth in FIFRA, was arbitrary and capricious under the APA. The lower court dismissed the case for lack of subject matter jurisdiction. But while it is true the lower court lacked jurisdiction under §4, it does have jurisdiction under FIFRA §16(a) since EPA's interpretation of its misbranding authority is an "other final action[] of the Administrator not committed to the discretion of the Administrator by law." In addition, the case involved final agency action ripe for review.Reckitt Benckiser Inc. v. Environmental Protection Agency, No. 09-1314, 40 ELR 20187 (D.C. Cir. July 16, 2010).

INSURANCE, POLLUTION EXCLUSION, DUTY TO WARN:

The Eleventh Circuit upheld a lower court decision that an insurer had no duty to defend or indemnify a school board in a toxic tort suit. In the underlying case, the school board was being sued for building a school on land once used as a landfill and allowing housing developments to be built near it without warning families. The board sought indemnity and a defense from its insurer, but the policy's pollution exclusion clause barred coverage. Even though the board was not itself a polluter, the exclusion applies: the provision is not about who caused the pollution, but is about pollution and its effects underlying a claim. Here, the alleged injury was caused by the presence of pollutants that had been put in the land. Even though the suit alleged harm from the board's failure to warn of the danger, had there been no discharge of pollutants into the ground, no warning would have been needed.Continental Casualty Co. v. City of Jacksonville, No. 09-14559, 40 ELR 20188 (11th Cir. June 24, 2010).

MINNESOTA ENVIRONMENTAL RESPONSE AND LIABILITY ACT, STATUTE OF LIMITATIONS:

A district court held that a property owner's Minnesota Environmental Response and Liability Act (MERLA) claims against a former owner are not time-barred even though the state agency issued a "decision document" describing the former owner's cleanup of the site as "final" well beyond the statute of limitations period. The former owner remediated the site's soil lead level to 1,400 ppm as directed by the state environmental agency in 2001. When the current owner wanted to redevelop the land, the state agency directed it to remediate the lead level from 1,400 ppm to 700 ppm. The current owner therefore filed suit against the former owner for reimbursement of the costs it incurred. Relying on the decision document, the former owner argued that the claim is time barred. But the decision document did not establish a permanent response action or start the limitations period. Although the decision document terms the cleanup plan as "final," and the agency previously said the decision document's lead levels would "be in effect permanently," the agency remains the entity with the authority to establish the permanent remedy for the site and is free to change its mind. The decision document contemplates such a change when it says the former owner remains solely responsible for the contamination and may be liable for future cleanup. Because the current owner offered evidence that physical on-site construction of a permanent response action began in October 2003--the first time the Agency required plaintiff to remediate the soil to the current level of 700 ppm--the MERLA claim is not barred by the six-year statute of limitations. However, the current owner's nuisance, trespass, and waste claims were barred by Minnesota’s general six year statute of limitations.State v. BNSF Railway Co., No. 08-6385, 40 ELR 20189 (D. Minn. July 14, 2010) (Rosenbaum, J.).

WETLANDS, WIND FARMS:

Massachusetts' highest court affirmed a lower court decision upholding a state environmental commissioner' conclusion that a proposed wind farm project complied with the state's Wetlands Protection Act. The project will require certain streams to be bridged using open footed culverts. These culverts would be located two to eight feet from the banks of the stream and would not physically touch the bank itself. A magistrate recommended that the project not be approved, but the commissioner rejected the magistrate's conclusions, finding that the magistrate erred in applying bank performance standards to the open bottom culverts since the actual installation of the footings would take place in the buffer zone. An environmental group argued that the commissioner misinterpreted 310 Code Mass. Regs. §10.54(4)(a) when she concluded that the performance standards for work "on" a bank do not apply to the project's open bottom culverts. But the commissioner's interpretation of the preposition "on," limiting the applicability of §10.54(4)(a) to work performed physically on the bank, is not unreasonable and is entitled to deference. Moreover, there is substantial evidence in the record to support the commissioner's conclusion that the work will be performed in the buffer zone, and her decision was not arbitrary or capricious or based on error of law.Ten Local Citizen Group v. New England Wind, No.SJC-10585, 40 ELR 20186 (Mass. July 6, 2010).

LAND USE, COASTAL PERMITS:

A California appellate court denied a petition challenging a county board's approval of a coastal permit to construct a single-family home within the county's 100-foot riparian corridor setback. The board did not abuse its discretion in approving the permits for the project, allowing the development within the 100-foot buffer zone and maintaining a minimum 50-foot buffer. The riparian area involved is not an environmentally sensitive habitat area, and the county's determination that a 50-foot buffer was appropriate is supported by the record. Nor did the petitioners raise a substantial issue that required the California Coastal Commission to engage in de novo review of the permit application. The appeal did not raise precedential concerns that could threaten riparian resources elsewhere in the county. The court also rejected petitioners' claim that the county violated the California Environmental Quality Act (CEQA). They failed to exhaust their administrative remedies on this issue, and even if they had, the Board properly determined the project to be exempt under CEQA.Hines v. California Coastal Commission, No. A125254, 40 ELR 20185 (Cal. App. 1st Dist. June 17, 2010).

Copyright© 2010, Environmental Law Institute, Washington, D.C. All rights reserved.

THE FEDERAL AGENCIES

Note: Citations below are to theFederal Register(FR).

AIR:

  • EPA added four source categories to the list of those required to report greenhouse gas emissions.75 FR 39736(7/12/10).
  • EPA took final action on NESHAPs for the prepared feeds manufacturing area.75 FR 41991(7/20/10).
  • EPA extended attainment of the 1997 eight-hour ozone NAAQS for the Baltimore moderate nonattainment area until June 15, 2011.75 FR 43069(7/23/10).
  • EPA proposed final action on NESHAPs for the prepared feeds manufacturing area; see above for direct final rule.75 FR 42030(7/20/10).
  • EPA proposed extending attainment of the 1997 eight-hour ozone NAAQS for the Baltimore moderate nonattainment area until June 15, 2011; see above for direct final rule.75 FR 43114(7/23/10).
  • EPA entered into a proposed consent decree under the CAA that requires the Agency to take action on NESHAPS for 28 source categories by established deadlines.75 FR 40827(7/14/10).
  • EPA entered into six proposed settlement agreements under the CAA that require the Agency to take final action on certain revisions to the final rule entitled "Mandatory Reporting of Greenhouse Gases" promulgated October 30, 2009.75 FR 42085(7/20/10).
  • EPA granted a petition from the Sierra Club requesting objection to a Title V operating permit for the JP Pulliam Power Plant in Wisconsin.75 FR 42084(7/20/10).
  • SIP Approvals:Alaska (attainment of particulate matter (PM10) NAAQS for the Mendenhall Valley nonattainment area)75 FR 41379(7/16/10). California (volatile organic compound (VOC) emissions for the Sacramento metropolitan and South Coast air quality management districts)75 FR 40726(7/14/10). New York (conditional approval of reasonably available control technology and measure analysis requirements)75 FR 43066(7/23/10). Texas (disapproval of Flexible Permits Program)75 FR 41312(7/15/10); (reporting of air pollution emissions)75 FR 43062(7/23/10). Wisconsin (attainment of the 1997 eight-hour ozone NAAQS for the Manitowoc County and Door County nonattainment areas)75 FR 39635(7/12/10).
  • SIP Proposals:Alaska (attainment of PM10 NAAQS for the Mendenhall Valley nonattainment area; see above for direct final rule)75 FR 41412(7/16/10). California (VOC emissions for the Sacramento metropolitan and South Coast air quality management districts; see above for direct final rule)75 FR 40762(7/14/10). Colorado (partial approval of emission control revision)75 FR 42342(7/21/10); (limited approval for attainment of 1997 ozone NAAQS for the Denver Metro Area/North Front Range nonattainment area)75 FR 42346(7/21/10). Illinois (pharmaceutical manufacturing rules)75 FR 40760(7/14/10). Michigan (attainment of 1997 eight-hour ozone NAAQS for the Allegan County nonattainment area through 2021)75 FR 42018(7/20/10). New Jersey (volatile organic compounds )75 FR 42672(7/22/10). Texas (reporting of air pollution emissions; see above for direct final rule)75 FR 43114(7/23/10).

ENERGY:

  • EPA proposed standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels for 2011.75 FR 42238(7/20/10).

OFFICE OF THE PRESIDENT:

  • The president issued Executive Order No. 13547 to promote comprehensive stewardship of the nation's ocean, coastal, and Great Lakes ecosystems and resources.75 FR 43021(7/22/10).

RADIOACTIVE WASTE:

  • EPA announced that DOE's Compliance Recertification Application for the Waste Isolation Pilot Plant is complete.75 FR 41421(7/16/10).

TOXIC SUBSTANCES:

  • EPA issued guidance on various options for reporting toxic chemical releases under EPCRA §§311 and 312.75 FR 39852(7/13/10).

WATER:

  • EPA Region 6 announced the availability of one TMDL for waters listed in Arkansas under CWA §303(d); the TMDL was completed in response to a lawsuit against the Agency titledSierra Club v. Clifford, No. LR-C-99-114.75 FR 43160(7/23/10).

WILDLIFE:

  • FWS designated approximately 9,930 acres in Jackson and Josephine Counties, Oregon, as critical habitat for the large-flowered woolly meadowfoam and Cook's lomatium/desert parsley.75 FR 42490(7/21/10).
  • FWS announced the availability of a final recovery plan for the ivory-billed woodpecker.75 FR 41886(7/19/10).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Cardi Materials, LLC, No. 10-300 (ML) (D.R.I. July 20, 2010). A settling CWA defendant responsible for discharges at its concrete and asphalt manufacturing facility in Warwick, Rhode Island, must pay a $55,000 civil penalty, must undertake a supplemental environmental project, must eliminate process water discharge, must maintain compliance with stormwater discharge permits and a prevention plan, must maintain compliance with a spill prevention control and countermeasure plan, must designate a qualified environmental compliance officer, must conduct employee training, and must conduct quarterly stormwater sampling.75 FR 43206(7/23/10).
  • United States v. Vanguard Car Rental USA, LLC, No. 1:10-cv-11199 (D. Mass. July 19, 2010). A settling CAA defendant that violated the anti-idling policy at airports in Connecticut and Massachusetts must pay a $475,000 civil penalty and must implement compliance measures at its facilities.75 FR 42784(7/22/10).
  • In re Old Carco LLC, No. 09-50002 (Bankr. S.D.N.Y. July 14, 2010). A settling CERCLA defendant must provide allowed general unsecured claims of $31 million and an additional cash payment of $1,500,000 million for U.S. response costs incurred at the Behr Dayton Thermal Systems VOC Plume Superfund site in Dayton, Ohio.75 FR 42785(7/22/10).
  • United States v. Wise Alloys, LLC, No. CV-10-TMP-1811-NW (N.D. Ala. July 7, 2010). A settling CAA defendant that violated testing, operational, monitoring, and recordkeeping requirements at its aluminum recycling facility in Muscle Shoals, Alabama, must pay a $267,000 civil penalty to Alabama and the United States and must perform injunctive relief.75 FR 42785(7/22/10).
  • United States v. Blue Tee Corp., No. 06-05128-DW (W.D. Mo. July 14, 2010). A settling CERCLA defendant must pay $600,000 in U.S. response costs incurred at the Granby Subdistrict of the Newton County Mine Tailings Superfund site in Missouri in lieu of performing a removal action at a portion of the site.75 FR 42461(7/21/10).
  • United States v. McWane, Inc., No. CV-10- JEO-1902-S (N.D. Ala. July 14, 2010). A settling CAA, CERCLA, CWA, EPCRA, RCRA, SDWA, and TSCA defendant responsible for violations at 28 industrial manufacturing facilities in 14 states must pay a $4 million civil penalty to Alabama, Iowa, and the United States; must implement supplemental environmental projects at a cost of $9,154,050; and must complete the final evaluation of a comprehensive, corporatewide environmental management system at all of its facilities.75 FR 42130(7/20/10).
  • United States v. Edgeboro Disposal, Inc., No. 3:10-cv-03541-FLW-TJB (D.N.J. July 13, 2010). A settling CAA defendant responsible for violations at the Edgeboro landfill in East Brunswick, New Jersey, must pay a $750,000 civil penalty to New Jersey and the United States and must upgrade its gas collection and control system to comply with regulations.75 FR 42131(7/20/10).
  • United States v. City of Tacoma, No. 3:10-cv-05497 (W.D. Wash. July 14, 2010). A settling CAA defendant that illegally released refrigerant at its municipal landfill must pay a $224,684 civil penalty and must perform a supplemental environmental project that will cost approximately $269,783.75 FR 42031(7/20/10).
  • United States v. Summit Builders Construction Co., No. CIV-10-1461-PHX-JAT (D. Ariz. July 12, 2010). A settling CAA defendant responsible for dust control violations while conducting earthmoving operations must pay a $105,610 civil penalty and must take measures designed to abate fugitive dust emissions.75 FR 42132(7/20/10).
  • United States v. Metropolitan Bus Authority of Puerto Rico, No. 3:10-cv-01631 (D.P.R. July 9, 2010). A settling RCRA defendant responsible for operating, permit, reporting, and compliance violations at its facility must pay a $1.2 million civil penalty and perform injunctive relief.75 FR 41239(7/15/10).
  • United States v. City of Hastings, No. 8:10-CV-00247 (D. Neb. July 1, 2010). A settling CERCLA defendant must pay $1 million, plus accrued interest, in U.S. response costs incurred at a subsite of the Hastings Groundwater Contamination Superfund site in Hastings, Nebraska.75 FR 39706(7/12/10).

Copyright© 2010, Environmental Law Institute, Washington, D.C. All rights reserved.

THE CONGRESS

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

Public Law

  • S. 1660 (formaldehyde emissions), which amends TSCA to reduce the emissions of formaldehyde from composite wood products, was signed into law on July 7, 2010. Pub. L. No. 111-199, 156 Cong. Rec. D768 (daily ed. July 12, 2010).

Chamber Action

  • S. 3372 (vessel discharge), which would modify the date on which the Administrator of EPA and applicable states may require permits for discharges from certain vessels, was passed by the Senate, 156 Cong. Rec. S5867 (daily ed. July 14, 2010), and the House, 156 Cong. Rec. HH5743-46 (daily ed. July 20, 2010).
  • S. Res. 588 (oil spill), which would recognize the economic and environmental impacts of the BP oil spill on the people of the Gulf Coast and their way of life and urge BP to give all due consideration to offers of assistance, products, or services from the states directly impacted by the Deepwater Horizon oil spill, was passed by the Senate. 156 Cong. Rec. S6037 (daily ed. July 20, 2010).
  • H.R. 3923 (federal lands), which would provide for the exchange of certain land located in the Arapaho-Roosevelt National Forests in the state of Colorado, was passed by the House. 156 Cong. Rec. H5506 (daily ed. July 13, 2010).
  • H.R. 4514 (federal lands), which would authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of designating the Colonel Charles Young Home in Xenia, Ohio, as a unit of the National Park System, was passed by the House. 156 Cong. Rec. H5508, H5517 (daily ed. July 13, 2010).
  • H.R. 4686 (federal lands), which would authorize the Secretary of Interior to study the suitability and feasibility of designating prehistoric, historic, and limestone forest sites on Rota, Northern Mariana Islands, as a unit of the National Park System, was passed by the House. 156 Cong. Rec. H5509 (daily ed. July 13, 2010).
  • H.R. 4438 (federal lands), which would authorize the Secretary of the Interior to enter into an agreement to lease space from a nonprofit group or other government entity for a park headquarters at San Antonio Missions National Historical Park, to expand the boundary of the Park, and to conduct a study of potential land acquisitions, was passed by the House. 156 Cong. Rec. H5511, H5518 (daily ed. July 13, 2010).
  • H.R. 3989 (federal lands), which would authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of adding the Heart Mountain Relocation Center in the state of Wyoming as a unit of the National Park System, was passed by the House. 156 Cong. Rec. H5512 (daily ed. July 13, 2010).
  • H.R. 4773 (federal lands), which would authorize the Secretary of the Interior to lease certain lands within Fort Pulaski National Monument, was passed by the House. 156 Cong. Rec. H5513, H5519 (daily ed. July 13, 2010).
  • H.R. 689 (federal lands), which would interchange the administrative jurisdiction of certain federal lands between the U.S. Forest Service and BLM, was passed in the House and cleared for the White House. 156 Cong. Rec. H5514 (daily ed. July 13, 2010).
  • H.R. 4973 (wildlife refuges), which would amend the Fish and Wildlife Act of 1956 to reauthorize volunteer programs and community partnerships for national wildlife refuges, was passed by the House. 156 Cong. Rec. H5515 (daily ed. July 13, 2010).
  • H.R. 2864 (Arctic), which would amend the Hydrographic Services Improvement Act of 1998 to authorize funds to acquire hydrographic data and provide hydrographic services specific to the Arctic for safe navigation, delineating the U.S. extended continental shelf, and the monitoring and description of coastal changes, was passed by the House. 156 Cong. Rec. H5576 (daily ed. July 14, 2010).
  • H.R. 2693 (oil spill), which would amend title VII of the Oil Pollution Act of 1990 to direct the President to establish the Federal Oil Spill Research Committee as an interagency committee to coordinate a comprehensive federal oil spill research program and complete a research assessment on the status of oil spill prevention and response capabilities, was passed by the House. 156 Cong. Rec. H5869 (daily ed. July 21, 2010).
  • H.R. 5716 (oil and gas exploration), which would provide for enhancement of existing efforts in support of research, development, demonstration, and commercial application activities to advance technologies for the safe and environmentally responsible exploration, development, and production of oil and natural gas resources, was passed by the House. 156 Cong. Rec. H5874 (daily ed. July 21, 2010).

Committee Action

  • S. 3635 (energy and water development)was reported by the Appropriations Committee. H. Rep. No. 111-228, 156 Cong. Rec. S6200 (daily ed. July 23, 2010). The bill would make appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2011.
  • H.R. 3923 (federal lands)was reported by the Committee on Natural Resources. H. Rep. No. 111-525, 156 Cong. Rec. H5545 (daily ed. July 13, 2010). The bill would provide for the exchange of certain land located in the Arapaho-Roosevelt National Forests in the state of Colorado.
  • H.R. 4773 (federal lands)was reported by the Committee on Natural Resources. H. Rep. No. 111-530, 156 Cong. Rec. H5545 (daily ed. July 13, 2010). The bill would authorize the Secretary of the Interior to lease to the Savannah Bar Pilots Association or a successor organization up to 30,000 square feet of land and improvements in Fort Pulaski National Monument in Georgia that has been used continuously by the Association since 1940.
  • H.R. 4973 (wildlife refuges)was reported by the Committee on Natural Resources. H. Rep. No. 111-531, 156 Cong. Rec. H5545 (daily ed. July 13, 2010). The bill would amend the Fish and Wildlife Act of 1956 to reauthorize volunteer programs and community partnerships for national wildlife refuges.
  • H.R. 5301 (vessel discharge)was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 111-539, 156 Cong. Rec. H5674 (daily ed. July 15, 2010). The bill would extend the period during which the Administrator of the EPA and states are prohibited from requiring a permit under §402 of the Federal Water Pollution Control Act for certain discharges that are incidental to normal operation of vessels.
  • H.R. 2693 (oil spill)was reported by the Committee on Science and Technology. H. Rep. No. 111-553, 156 Cong. Rec. H5919 (daily ed. July 21, 2010). The bill would amend title VII of the Oil Pollution Act of 1990 to direct the President to establish the Federal Oil Spill Research Committee as an interagency committee to coordinate a comprehensive federal oil spill research program and complete a research assessment on the status of oil spill prevention and response capabilities.
  • H.R. 5716 (oil and gas exploration)was reported by the Committee on Science and Technology. H. Rep. No. 111-554, 156 Cong. Rec. H5919 (daily ed. July 21, 2010). The bill would provide for enhancement of existing efforts in support of research, development, demonstration, and commercial application activities to advance technologies for the safe and environmentally responsible exploration, development, and production of oil and natural gas resources.
  • H. Res. 1466 (nuclear waste)was reported by the Committee on Energy and Commerce. H. Rep. No. 111-550, 156 Cong. Rec. H5711 (daily ed. July 19, 2010). The resolution would request the President and direct the Secretary of Energy to provide certain documents to the House of Representatives relating to DOE's application to foreclose use of Yucca Mountain as a high level nuclear waste repository.

Bills Introduced

  • S. 3565 (McCain, R-Ariz.) (federal lands) would provide for the conveyance of certain BLM land in Mohave County, Arizona, to the Arizona Game and Fish Commission, for use as a public shooting range. 156 Cong. Rec. S5744 (daily ed. July 12, 2010). The bill was referred to the Committee on Energy and Natural Resources.
  •  S. 3569 (Nelson, D-Fla.) (oil spill)would improve the ability of NOAA to respond to releases of subsea oil and gas by conducting a comprehensive review of NOAA funded by $15 million from the Oil Trust Liability Fund. 156 Cong. Rec. S5744 (daily ed. July 12, 2010). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3570 (Murkowski, R-Alaska) (hydropower) would provide $50 million to expand and improve hydropower projects. 156 Cong. Rec. S5786 (daily ed. July 13, 2010). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3571 (Murkowski, R-Alaska) (hydropower)would extend certain federal benefits and income tax provisions to energy generated by hydropower. 156 Cong. Rec. S5786 (daily ed. July 13, 2010). The bill was referred to the Committee on Finance.
  • S. 3573 (Inhofe, D-Okla.) (water use) would authorize the Secretary of the Interior to allow the storage and conveyance of nonproject water at the Norman project in Oklahoma.156 Cong. Rec. S5786 (daily ed. July 13, 2010). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3576 (Klobuchar, D-Minn.) (ethanol and renewable energy)would exclude certain ethanol production operations from greenhouse gas emissions regulations and add it to the definition of "advanced biofuel" in the CAA, institute tax credits for blender pumps, and institute tax and other incentives for the production and distribution of varying forms of renewable energy.156 Cong. Rec. S5786 (daily ed. July 13, 2010). The bill was referred to the Committee on Finance.
  • S. 3580 (Begich, D-Alaska) (oil spill)would amend the Oil Pollution Act of 1990 to permit funds in the Oil Spill Liability Trust to be used by NOAA, the Coast Guard, and other federal agencies for certain research, prevention, and response capabilities with respect to discharges of oil, for environmental studies, and for grant programs to communities affected by oil spills on the outer continental shelf, and would provide funding for such uses. 156 Cong. Rec. S5849 (daily ed. July 14, 2010). The bill was referred to the Committee on Finance.
  • S. 3584 (Begich, D-Alaska) (Arctic)would direct the Administrator of NOAA to institute research into the special circumstances associated with oil spill prevention and response in the Arctic waters, including assessment of impacts on Arctic marine mammals and other wildlife, marine debris research and removal, and risk assessment. 156 Cong. Rec. S5850 (daily ed. July 14, 2010). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3585 (Udall, D-Colo.) (energy)would amend the U.S. Code to reform Department of Defense energy policy. 156 Cong. Rec. S5850 (daily ed. July 14, 2010). The bill was referred to the Committee on Armed Services.
  • S. 3586 (Reid, D-Nev.) (geothermal energy)would promote the mapping and development of U.S. geothermal resources by establishing a direct loan program for high risk geothermal exploration wells. 156 Cong. Rec. S5850 (daily ed. July 14, 2010). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3587 (Reid, D-Nev.) (wind and solar energy)would require the Secretary of the Interior to establish a competitive leasing program for wind and solar energy development on federal land. 156 Cong. Rec. S5850 (daily ed. July 14, 2010). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3588 (Vitter, R-La.) (offshore drilling moratorium)would limit the moratorium on certain permitting and drilling activities issued by the Secretary of the Interior. 156 Cong. Rec. S5850 (daily ed. July 14, 2010). The bill was read the first time.
  • S. 3589 (Rockefeller, D-W. Va.) (carbon capture)would provide financial incentives and a regulatory framework to facilitate the development and early deployment of carbon capture and sequestration technologies. 156 Cong. Rec. S5850 (daily ed. July 14, 2010). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3590 (Rockefeller, D-W. Va.) (carbon capture)would amend the Internal Revenue Code of 1986 to provide financial incentives to facilitate the development and early deployment of carbon capture and sequestration technologies. 156 Cong. Rec. S5850 (daily ed. July 14, 2010). The bill was referred to the Committee on Finance.
  • S. 3591 (Rockefeller, D-W. Va.) (carbon capture)would provide financial incentives and a regulatory framework to facilitate the development and early deployment of carbon capture and sequestration technologies. 156 Cong. Rec. S5850 (daily ed. July 14, 2010). The bill was referred to the Committee on Finance.
  • S. 3616 (Bingaman, D-N.M.) (federal lands)would withdraw certain land in the state of New Mexico. 156 Cong. Rec. S6024 (daily ed. July 20, 2010). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3617 (Bingaman, D-N.M.) (energy)would amend the Internal Revenue Code of 1986 to provide for an energy investment credit for energy storage property connected to the grid. 156 Cong. Rec. S6024 (daily ed. July 20, 2010). The bill was referred to the Committee on Finance.
  • S. 3618 (Voinovich, R-Ohio) (nuclear power)would seek to improve energy security, reduce future pollution and greenhouse gas emissions, provide large, reliable sources of electricity, and create thousands of high-quality jobs for the citizens of the United States through nuclear energy. 156 Cong. Rec. S6024 (daily ed. July 20, 2010). The bill was referred to the Committee on Finance.
  • S. 3619 (Tester, D-Mont.) (geothermal energy)would amend the Energy Independence and Security Act of 2007 to improve geothermal energy technology and demonstrate the use of geothermal energy in large scale thermal applications. 156 Cong. Rec. S6025 (daily ed. July 20, 2010). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3594 (Nelson, D-Fla.) (fisheries) would amend the Magnuson-Stevens Fishery Conservation and Management Act to mitigate the economic impact of the transition to sustainable fisheries on fishing communities. 156 Cong. Rec. S5963 (daily ed. July 15, 2010). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3597 (Rockefeller, D-W. Va.) (NOAA) would improve the ability of NOAA, the Coast Guard, and coastal states to sustain healthy ocean and coastal ecosystems by maintaining and sustaining their capabilities relating to oil spill preparedness, prevention, response, restoration, and research. 156 Cong. Rec. S5964 (daily ed. July 15, 2010). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3598 (Lautenberg, D-N.J.) (drinking water)would amend the SDWA and the Federal Water Pollution Control Act to authorize the Administrator of EPA to reduce or eliminate the risk of releases of hazardous chemicals from public water systems and wastewater treatment works. 156 Cong. Rec. S5964 (daily ed. July 15, 2010). The bill was referred to the Committee on Environment and Public Works.
  • S. 3599 (Lautenberg, D-N.J.) (chemical facilities)would enhance the security of chemical facilities. 156 Cong. Rec. S5964 (daily ed. July 15, 2010). The bill was referred to the Committee on Homeland Security and Governmental Affairs.
  • S. 3601 (Merkley, D-Or.) (oil)would promote the oil independence of the United States. 156 Cong. Rec. S5964 (daily ed. July 15, 2010). The bill was referred to the Committee on Finance.
  • S. 3602 (Cardin, D-Md.) (stormwater pollution) would amend the U.S. Code to direct the Secretary to establish a comprehensive program to control and treat polluted stormwater runoff from federally funded highways and roads. 156 Cong. Rec. S5964 (daily ed. July 15, 2010). The bill was referred to the Committee on Environment and Public Works.
  • S. 3603 (Cantwell, D-Wash.) (oil spill) would amend the Oil Pollution Act of 1990 to establish the Federal Oil Spill Research Committee, amend the Federal Water Pollution Control Act to include in a response plan certain planned and demonstrated investments in research relating to discharges of oil, and modify the dates by which a response plan is required to be updated. 156 Cong. Rec. S5964 (daily ed. July 15, 2010). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3608 (Schumer, D-N.Y.) (fuel cell vehicles)would amend the Internal Revenue Code of 1986 to modify the credit for qualified fuel cell motor vehicles by maintaining the level of credit for vehicles placed in service after 2009 and by allowing the credit for certain off-highway vehicles. 156 Cong. Rec. S5993 (daily ed. July 19, 2010). The bill was referred to the Committee on Finance.
  • S. 3612 (Sanders, I-Vt.) (federal lands) would expand the boundary of the Marsh-Billing-Rockefeller National Historical Park in the state of Vermont. 156 Cong. Rec. S5993 (daily ed. July 19, 2010). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3613 (Grassley, R-Iowa) (federal lands) would direct the Secretary of Agriculture to convey certain federally owned land located in Story County, Iowa. 156 Cong. Rec. S5993 (daily ed. July 19, 2010). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
  • S. 3614 (Hutchinson, R-Tex.) (hazardous substances)would authorize the establishment of a Maritime Center of Expertise for Maritime Oil Spill and Hazardous Substance Release Response. 156 Cong. Rec. S5993 (daily ed. July 19, 2010). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3622 (Schumer, D-N.Y.) (dairy industry)would require the Administrator of EPA to finalize a proposed rule to amend the spill prevention, control, and countermeasure rule to tailor and streamline the requirements for the dairy industry. 156 Cong. Rec. S6078 (daily ed. July 21, 2010). The bill was referred to the Committee on Environment and Public Works.
  • S. 3626 (Franken, D-Mich.) (thermal energy)would encourage the implementation of thermal energy infrastructure. 156 Cong. Rec. S6078 (daily ed. July 21, 2010). The bill was referred to the Committee on Finance.
  • S. 3631 (Murray, D-Wash.) (clean technologies)would encourage innovation to create clean technologies. 156 Cong. Rec. S6200 (daily ed. July 22, 2010). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 3633 (Carper, D-Del.) (solid waste)would amend the Solid Waste Disposal Act to improve a provision relating to federal procurement of recycled materials to reduce greenhouse gas emissions. 156 Cong. Rec. S6200 (daily ed. July 22, 2010). The bill was referred to the Committee on Environment and Public Works.
  • S. 3634 (Bingaman, D-N.M.) (conservation subsidies) would amend the Internal Revenue Code of 1986 to clarify the types of energy conservation subsidies provided by public utilities eligible for income exclusion. 156 Cong. Rec. S6200 (daily ed. July 22, 2010). The bill was referred to the Committee on Finance.
  • S. 3641 (Whitehouse, D-R.I.) (oceans)would create the National Endowment for the Oceans to promote the protection and conservation of U.S. ocean, coastal, and Great Lakes ecosystems. 156 Cong. Rec. S6201 (daily ed. July 22, 2010). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 3643 (McConnell, R-S.C.) (offshore drilling)would amend the Outer Continental Shelf Lands Act to reform the management of energy and mineral resources on the outer continental shelf, improve oil spill compensation, and terminate the moratorium on deepwater drilling. 156 Cong. Rec. S6201 (daily ed. July 22, 2010). The bill was read the first time.
  • S. Res. 582 (Wicker, R-Miss.) (oil spill) would recognize the economic and environmental impacts of the BP oil spill on the people of the Gulf Coast and their way of life and urge BP to give all due consideration to offers of assistance, products, or services from the states directly impacted by the Deepwater Horizon oil spill. 156 Cong. Rec. S5850 (daily ed. July 14, 2010). The bill was referred to the Committee on Environment and Public Works.
  •  H.R. 5716 (Gordon, R-Tenn.) (oil drilling)would provide for enhancement of existing efforts in support of research, development, demonstration, and commercial application activities to advance technologies for the safe and environmentally responsible exploration, development, and production of oil and natural gas resources. 156 Cong. Rec. H5545 (daily ed. July 13, 2010). The bill was referred to the Committee on Science and Technology and the Committee on Natural Resources.
  • H.R. 5724 (Norton, D-D.C.) (stormwater pollution)would amend the Federal Water Pollution Control Act to clarify federal responsibility for stormwater pollution. 156 Cong. Rec. H5545 (daily ed. July 13, 2010). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5727 (Shuster, R-Pa.) (offshore cleanup)would amend the Federal Water Pollution Control Act to provide for the establishment of a process for quickly and effectively soliciting, assessing, and deploying offshore oil and hazardous substance cleanup technologies. 156 Cong. Rec. H5545 (daily ed. July 13, 2010). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5735 (Heller, D-Nev.) (wind and solar energy) would require the Secretary of the Interior to establish a competitive leasing program for wind and solar energy development on federal land. 156 Cong. Rec. H5616 (daily ed. July 14, 2010). The bill was referred to the Committee on Natural Resources and the Committee on Agriculture.
  • H.R. 5744 (Yarmuth, D-Ky.) (energy efficiency)would amend the Internal Revenue Code of 1986 to extend the credit for energy efficient appliances. 156 Cong. Rec. H5674 (daily ed. July 15, 2010). The bill was referred to the Committee on Ways and Means.
  • H.R. 5757 (Fortenberry, R-La.) (ethanol)would amend the Internal Revenue Code of 1986 to extend and modify the credits for alcohol used as a fuel. 156 Cong. Rec. H5674 (daily ed. July 15, 2010). The bill was referred to the Committees on Ways and Means, Transportation and Infrastructure, and Energy and Commerce.
  • H.R. 5759 (Heinrich, D-N.M.) (oil and gas pollution) would amend the Mineral Leasing Act to require an operator to compensate a surface owner for damages resulting from the oil and gas operations of the operator on land affected by the operations. 156 Cong. Rec. H5674 (daily ed. July 15, 2010). The bill was referred to the Committee on Natural Resources.
  • H.R. 5765 (Linda Sanchez, D-Calif.) (alternative energy)would amend the Internal Revenue Code of 1986 to increase for two years the residential energy credit and the investment tax credit with respect to solar property with a nameplate capacity of less than 20 kilowatts. 156 Cong. Rec. H5674 (daily ed. July 15, 2010). The bill was referred to the Committee on Ways and Means.
  • H.R. 5766 (Thompson, D-Calif.) (energy efficiency) would ensure that the underwriting standards of Fannie Mae and Freddie Mac facilitate the use of property-assessed clean energy programs to finance the installation of renewable energy and energy efficiency improvements. 156 Cong. Rec. H5674 (daily ed. July 15, 2010). The bill was referred to the Committee on Financial Services.
  • H.R. 5771 (Pascrell, D-N.J.) (wind power)would amend the Internal Revenue Code of 1986 to extend the 30 percent investment tax credit for offshore wind facilities. 156 Cong. Rec. H5711 (daily ed. July 19, 2010). The bill was referred to the Committee on Ways and Means.
  • H.R. 5772 (Olson, R-Tex.) (offshore drilling moratorium)would limit the moratorium on certain permitting and drilling activities issued by the Secretary of the Interior. 156 Cong. Rec. H5711 (daily ed. July 19, 2010). The bill was referred to the Committee on Natural Resources.
  • H.R. 5776 (Welch, D-Vt.) (federal lands)would expand the boundary of the Marsh-Billings-Rockefeller National Historical Park in the state of Vermont. 156 Cong. Rec. H5711 (daily ed. July 19, 2010). The bill was referred to the Committee on Natural Resources.
  • H.R. 5778 (Ross, D-Ark.) (renewable fuels)would facilitate the implementation of the renewable fuel standard. 156 Cong. Rec. H5817 (daily ed. July 20, 2010). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5780 (Peters, D-Mich.) (energy subsidies)would eliminate certain wasteful energy subsidies and programs. 156 Cong. Rec. H5817 (daily ed. July 20, 2010). The bill was referred to the Committees on Energy and Commerce, Natural Resources, Ways and Means, Transportation and Infrastructure, and Science and Technology
  • H.R. 5789 (Carnahan, D-Mo.) (energy efficiency)would set efficiency standards for small-duct high-velocity air conditioning and heat pump systems. 156 Cong. Rec. H5818 (daily ed. July 20, 2010). The bill was referred to the Committee on Ways and Means and the Committee on Energy and Commerce.
  • H.R. 5792 (Garamendi, D-Calif.) (green technology)would require 100 percent domestic content in green technologies purchased by federal agencies or by states with federal funds and in property eligible for the renewable energy production or investment tax credits. 156 Cong. Rec. H5818 (daily ed. July 20, 2010). The bill was referred to the Committee on Oversight and Government Reform and the Committee on Ways and Means.
  • H.R. 5800 (Teague, D-N.M.) (federal lands)would withdraw certain land in the state of New Mexico for the Department of Homeland Security. 156 Cong. Rec. H5818 (daily ed. July 20, 2010). The bill was referred to the Committee on Natural Resources.
  • H.R. 5804 (Shadegg, R-Ariz.) (fisheries)would prohibit trade in billfish. 156 Cong. Rec. H5919 (daily ed. July 21, 2010). The bill was referred to the Committees on Natural Resources, Foreign Affairs, and Ways and Means.
  • H.R. 5805 (McCollum, D-Mich.) (thermal energy) would encourage the implementation of thermal energy infrastructure. 156 Cong. Rec. H5919 (daily ed. July 21, 2010). The bill was referred to the Committees on Energy and Commerce, Ways and Means, and Oversight and Government Reform.
  • H.R. 5820 (Rush, D-Ill.) (TSCA)would amend TSCA to ensure that the public and the environment are protected from risks of chemical exposure. 156 Cong. Rec. H5983 (daily ed. July 22, 2010). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5821 (Cohen, D-Tenn.) (alternative energy)would require the Secretary of Energy to provide competitive grants to states, Indian tribes, and local governments for rebates, loans, and other incentives to eligible individuals or entities for the purchase and installation of solar energy systems for properties located in the United States. 156 Cong. Rec. H5983 (daily ed. July 22, 2010). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5835 (Ellison, D-Minn.) (lead)would authorize the use of subpoenas by the Office of Healthy Homes and Lead Hazard Control of HUD in investigations of potential violations of the Residential Lead-Based Paint Hazard Reduction Act of 1992. 156 Cong. Rec. H5984 (daily ed. July 22, 2010). The bill was referred to the Committee on Financial Services.
  • H.R. 5839 (Heinrich, D-N.M.) (energy subsidies)would amend the Internal Revenue Code of 1986 to clarify the types of energy conservation subsidies provided by public utilities eligible for income exclusion. 156 Cong. Rec. H5984 (daily ed. July 22, 2010). The bill was referred to the Committee on Ways and Means.
  • H.R. 5846 (Sarbanes, D-Md.) (offshore drilling)would amend the Outer Continental Shelf Lands Act to require the chief executive officer of each drilling and production operation under a lease under that Act to annually certify the operator's compliance with all applicable laws and operating regulations. 156 Cong. Rec. H5984 (daily ed. July 22, 2010). The bill was referred to the Committee on Natural Resources.
  • H. Res. 1521 (Shea-Porter, D-N.H.) (air quality)is a resolution supporting the goals and ideals of National Carbon Monoxide Awareness Day. 156 Cong. Rec. H5674 (daily ed. July 15, 2010). The bill was referred to the Committee on Oversight and Government Reform.
  • H. Res. 1526 (Engel, D-N.Y.) (climate change)expresses support for the Energy and Climate Partnership of the Americas and its goal to encourage collaboration and cooperation among countries to address the energy and climate change challenges facing the Western Hemisphere. 156 Cong. Rec. H5675 (daily ed. July 15, 2010). The bill was referred to the Committee on Foreign Affairs.

Copyright© 2010, 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. To access material previously reported in 2010, visit our list ofCumulative State Developments. For state material reported prior to 2010, visit theELR Archives.

The states below have updates this week:

ArizonaCaliforniaDistrict of ColumbiaFloridaIllinoisIndianaKansasKentuckyMaineMarylandMichiganMissouriNew HampshireNew JerseyNew MexicoNew YorkOklahomaRhode IslandTennesseeTexas

ARIZONA

Water:

  • The Department of Water Resources amended Ariz. Admin. Code §12.15, allowing the department to raise 2011 fees and charge an additional $118 fee for every hour the department spends reviewing an application. Maximum fees were set at $10,000 for applications determined by the department to be non-complex, and $65,000 for complex ones. Complex applications include issuance and renewal of most permits. In addition, the department has instituted a $300 fee to open well owners if the department caps the well and a number of new well-drilling related permit and license fees. Seehttp://www.azsos.gov/public_services/Register/2010/28/exempt.pdf(pp. 1205-55).

CALIFORNIA

Water:

  • The Board of Forestry and Fire Protection proposes to amend Calif. Code. Regs. tit. 14 to set regulations for operations on saturated soil to insure that they comply with state water quality requirements. The written comment period ends August 23, 2010, and there will be a public hearing on September 8. See http://www.oal.ca.gov/res/docs/pdf/notice/28z-2010.pdf(pp. 1045-47).

Hazardous and Solid Waste:

  • The Department of Resources Recycling and Recovery proposes to adopt a conflict of interest code that will include any decisionmaking employees of the department that can foreseeably have a material effect on financial interests. The written comment period ends August 23, 2010. Seehttp://www.oal.ca.gov/res/docs/pdf/notice/28z-2010.pdf(pp. 1047-48).

Toxic Substances:

  • The Office of Environmental Health Hazard Assessment proposed to amend 27 Calif. Code Regs. §25805, which sets the maximum allowable dose level for cadmium. The change would specify that the dose is for oral route of exposure. The written comment period ends August 23, 2010. Seehttp://www.oal.ca.gov/res/docs/pdf/notice/28z-2010.pdf (pp. 1052-55).
  • The Office of Environmental Health Hazard Assessment has issued a technical information letter rather than a safe use determination to Frito-Lay pursuant to a 2005 request for a determination that the company would not have to print a warning notice on its corn products pursuant to Proposition 65. Seehttp://www.oal.ca.gov/res/docs/pdf/notice/29z-2010.pdf(p. 1089).

DISTRICT OF COLUMBIA

Water:

FLORIDA

Air:

ILLINOIS

General:

  • The Environmental Protection Agency amended 2 Ill. Admin. Code §1828, which pertains to public access to agency records. The agency has repealed a section governing record requests for the purposes of litigation and added a section on records to be used for commercial purposes as well as a section regarding the requester's right to file suit in circuit court. Seehttp://www.cyberdriveillinois.com/departments/index/register/register_volume34_issue28.pdf(pp. 9028-63).

Air:

Water:

INDIANA

Air:

KANSAS

Water:

KENTUCKY

Hazardous and Solid Waste:

Water:

MAINE

Air:

  • The Department of Environmental Protection adopted an amendment to Ch. 154, Control of Volatile Organic Compounds from Flexible Package Printing, to put the state in compliance with federal regulations for eight-hour ozone NAAQS. Seehttp://www.maine.gov/sos/cec/rules/notices/2010/072110.html.

Solid and Hazardous Waste:

  • The Department of Environmental Protection adopted changes to Chs. 400, 401, and 409, pertaining to solid waste processing facilities. The rules incorporate a statute requiring a new or expanded facility to recycle or process into fuel for combustion at least 50 percent of all waste accepted at the facility. The rules took effect July 20, 2010. Seehttp://www.maine.gov/sos/cec/rules/notices/2010/072110.html.

MARYLAND

Air:

  • The Department of Environmental Quality amended Md. Code Regs 26.11, which pertains to air quality regulations, to add a new section under .14, Control of Emissions from Kraft Pulp Mills. Seehttp://www.dsd.state.md.us/mdregister/3715.pdf (p. 1000).

Water:

  • The Department of Environmental Quality adopted changes to Md. Code Regs. 26.17.02, Stormwater Management, to allow municipalities to grandfather in projects started before the May 2010 code changes and to assist in smart growth. Seehttp://www.dsd.state.md.us/mdregister/3715.pdf(p. 1001).

Wildlife:

MICHIGAN

Air:

  • The Department of Natural Resources and Environment proposed to amend Mich. Admin. Code R 336. 2801 and R 336.2816 to add requirements for fine particulate matter (PM 2.5) emissions and additional chain-of-command review. In addition, the department proposed to amend R 336.2830, which grants those aggrieved by an action or inaction of the department under prevention of significant deterioration of air quality regulations the right to an administrative hearing. There will be a public hearing on the rules on August 11, 2010. Seehttp://www.michigan.gov/documents/dleg/MR12_071510_327845_7.pdf(pp. 133-60).

MISSOURI

Energy:

  • The Department of Natural Resources proposed to adopt Mo. Code Regs. Ann. tit. 10, §140.8, Certification of Renewable Energy and Renewable Energy Standard Compliance Account. The law is meant to implement Proposition C, Renewable Energy Standard, in which Missouri voters elected to require utility companies to gradually increase their usage of renewable energy annually until 15 percent of the energy used in the state is renewable. Seehttp://www.sos.mo.gov/adrules/moreg/current/2010/v35n14/v35n14a.pdf(pp. 1022-24).

NEW HAMPSHIRE

Air:

NEW JERSEY

Wildlife:

  • The Department of Environmental Protection adopted amendments to N.J. Admin. Code 7:25-18.1 and 18.12, which pertain to coastal shark and dogfish fisheries. Seehttp://www.lexisnexis.com/njoal/(42. N.J.R. 1527(a)).

NEW MEXICO

Air:

  • In order to comply with a 2005 gubernatorial executive order that mandates greenhouse gas reductions at set rates over the next 45 years, the Environmental Improvement Board will hold a public hearing on the possible implementation of a cap-and-trade program. As the Board felt that cap-and-trade programs were unlikely to be successful on a state level, it declined to implement a system until the 2007 addition of the state to the Western Climate Initiative. The Board has been mandated by a 2009 executive order to attempt to enter into a regional cap-and-trade agreement with members of the Western Climate Initiative in the hopes that a program across a regional economy will fare better than one across a state level. There will be a public hearing on September 20, 2010. For the public notice, seehttp://www.nmcpr.state.nm.us/nmregister/xxi/xxi13/EIBnotice1.htm.For the proposed regulation, seehttp://www.nmenv.state.nm.us/cc/CapandTradeRegulation.htm. For the white paper, seehttp://www.quicktopic.com/44/D/VZLHhFdAhsP.html.

NEW YORK

Air:

  • The Department of Environmental Conservation amended N.Y. Comp. Codes R. & Regs. tit. 6, §§200.201-3 and 200.227-2. Changes would reduce emission limits for all boilers and combustion turbines, redefine the mid-size boiler size, and allow a replacement option. Rules became effective on July 8, 2010. Seehttp://www.dos.state.ny.us/info/register/2010/jul14/pdfs/rules.pdf(p. 15).

OKLAHOMA

Air:

Land Use:

RHODE ISLAND

Air:

  • The Department of Environmental Management proposed to amend the Rhode Island Air Pollution Control General Definitions Regulation to add propylene carbonate and dimethyl carbonate to the list of substances that are exempt from the definition of the term “volatile organic compounds.” The public comment period will end August 23, 2010. Seehttp://sos.ri.gov/documents/archives/regdocs/holding/DEM/apcdefs.pdf.

Energy:

  • The Office of Energy Resources proposed to adopt Rules and Regulations for the Energy Efficiency and Conservation Block Grant Program. The rule is meant, in part, to designate funding awarded through the federal Recovery Act and sets program requirements for job creation and renewable energy grants across the state. It also sets allocations by municipality. The comment period ends August 2, 2010. Seehttp://sos.ri.gov/documents/archives/regdocs/holding/OER/final_ECBG_regs.pdf.

Water:

  • The Department of Environmental Management seeks public comment on proposed changes to the Rules and Regulations for Dredging and the Management of Dredged Materials. Among other changes, new statutes mandate that dredge material be stored in such a way that will prevent its later erosion into a waterway or wetland. Changes also alter sampling requirements. There will be a public hearing on August 18, 2010. Seehttp://sos.ri.gov/documents/archives/regdocs/holding/DEM/pndrej.pdf.
  • The Department of Environmental Management adopted amendments to Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems in order to implement the Rhode Island Cesspool Act of 2007. The law becomes effective August 4, 2010. For the regulation, seehttp://sos.ri.gov/documents/archives/regdocs/released/pdf//DEM/6067.pdf. For the notice, seehttp://www2.sos.ri.gov/cgi-bin/topdf/tmp/6067tmp.pdf.

TENNESSEE

Water:

TEXAS

General:

  • The Commission on Environmental Quality proposed to amend 30 Tex. Admin. Code §§17.1, 17.2, 17.6, 17.10, 17.12, 17.14, 17.17, 17.20, and 17.25 and repeal §17.15, which pertain to providing tax relief for pollution control property. There will be five public hearings from August 9-13, 2010, and the comment period ends August 16. The earliest possible date of adoption is August 15, 2010. Seehttp://www.sos.state.tx.us/texreg/pdf/currview/0716is.pdf(pp. 6255-68).

Water:

  • The General Land Office proposed to amend 31 Tex. Admin. Code §§19.70 -19.79, which pertains to the authority of the commissioner to demand the removal of derelict vessels or structures abandoned in coastal waters. Changes specify definitions and procedures. The comment period ends August 22, 2010. Seehttp://www.sos.state.tx.us/texreg/pdf/currview/0716is.pdf(pp. 6270-77).
  • The Commission on Environmental Quality amended 30 Tex. Admin. Code §§70.1, 70.9 -70.11, changing the enforcement requirements and options for payment of fines. The rules took effect July 22, 2010. Seehttp://www.sos.state.tx.us/texreg/pdf/currview/0716is.pdf(pp. 6289-92).

Copyright© 2010, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL

DUTCH COURT FINDS FIRM GUILTY OF EXPORTING TOXIC WASTE

Trafigura, a Swiss-based multinational trading in base metals and energy, was fined one million euros by a Dutch court for transporting waste from Amsterdam to Cote D'Ivoire, where it is reported to have caused death and severe burns to the skin and lungs among Abidjan residents. Trafigura initially contested the nation's dumping report, saying the waste caused only flu-like symptoms, but eventually agreed to pay $200 million to the Ivoirian government and $45 million to 30,000 Abidjan residents. In the firm's first criminal case since the 2006 dumping, the Dutch court found that Trafigura had attempted to pass off the waste as "harmless slops" to an Amsterdam waste treatment facility, and was given a much higher rate for treatment than the firm expected. Trafigura then shipped the waste to Cote D'Ivoire, where it was given a much cheaper rate. Presiding Judge Frans Bauduin said that the firm "should never have agreed to its processing at such a price." For the full story, seehttp://www.bbc.co.uk/news/world-africa-10735255

EU AND UK TO END GREEN AND BROWN FUNDING

As the United Kingdom (UK) announced an end to funding for its Sustainable Development Commission amidst a massive budget crisis, the European Union (EU) announced that all noncompetitive hard coal mines in the Union would have to close within the next four years. The UK cuts came on the heals of a Sustainable Development Commission report that the government had saved £60-70 million by introducing green measures. The Department for Environment, Food, and Rural Affairs, the largest source of its funding, was mandated to cut more than 25 percent of its budget. The Sustainable Development Commission has a budget of £3 million. In the EU, more than half the coal used in coal-fired power plants is imported. In 2008, as aid began to drop to German and Spanish mines, the proportion of aid used to cover social and environmental costs of mine closures began to increase, while the proportion used for mine production began to decrease. For UK cuts, seehttp://www.bbc.co.uk/news/science-environment-10725394. For EU cuts, seehttp://www.bbc.co.uk/news/world-europe-10713164.

PACIFIC GOVERNMENTS WEIGH CARBON AND ECONOMIC COSTS

The governments of Australia and Japan appear to sit in opposite camps on climate legislation. To the south, Prime Minister Julia Gillard confirmed that the Australian government will delay an introduction of a price for carbon pollution until at least 2012, in a move that many Australian citizens see as an effort to ensure re-election in August. Meanwhile, to the north, Japan will be adopting a utility plan currently in effect in Germany and Spain in which utility companies will be required to buy a certain percentage of electricity from renewable sources of power and in which the cost is passed on to consumers. Renewable sources account for six percent of Japan's energy. The nation aims to raise it to ten percent by 2020. For Japan, seehttp://www.reuters.com/article/idUSTRE66M1GW20100723. For Australia, seehttp://www.reuters.com/article/idUSTRE66M03Y20100723.

Copyright© 2010, Environmental Law Institute, Washington, D.C. All rights reserved.

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