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Weekly Update Volume 41, Issue 31

11/07/2011

LITIGATION 

AIR, CAA:

The D.C. Circuit upheld an EPA rule issued in 2010 that amends and clarifies transportation conformity regulations as they pertain to hot spot analyses in particulate matter (PM) nonattainment and maintenance areas. Transportation conformity is required under the CAA to ensure that new federally supported highway and transit projects are consistent with SIPs. Under CAA §176(c)(1)(B), the project must not: (i) cause or contribute to any new violation of any standard in any area; (ii) increase the frequency or severity of any existing violation of any standard in any area; or (iii) delay timely attainment of any standard or any required interim emission reductions or milestones in any area. The Agency's 2006 transportation conformity rule addressed the requirements set forth in §176(c)(1)(B)(i) and (ii), but it failed to consider subsection (iii). The rule was therefore remanded. In the 2010 rule that responds to that remand, EPA clarified that all three requirements under §176(c)(1)(B) must be met in hot spot conformity determinations, but petitioners argued that the 2010 rule still fails to embody (B)(iii)'s requirement that the project not cause any delay in attainment. The court disagreed. EPA's interpretation of that provision—that "delay" is evaluated relative to what would otherwise have occurred—is entirely reasonable. Accordingly, given EPA's clarification that (B)(iii) applies to local transportation projects and its explanation of how the "delay" condition is met, the court upheld the 2010 rule. Natural Resource Defense Council v. Environmental Protection Agency, No. 10-1105, 41 ELR 20331 (D.C. Cir. Oct. 28, 2011).


ENERGY, WIND FARMS:

The D.C. Circuit vacated and remanded the FAA's "no hazard" determinations for a proposed offshore wind farm in Nantucket Sound. A town and a citizens group filed suit arguing that the FAA violated its governing statute, misread its own regulations, and arbitrarily and capriciously failed to calculate the dangers posed to local aviation. The FAA countered by arguing that the petitioners lacked standing because the hazard determinations, by themselves, have no enforceable legal effect since the DOI, as the lessor of the project area, will ultimately decide whether the wind farm receives government permission. But courts have often found standing where there was no binding legal mechanism by which the challenged action might be redressed. Here, it is "likely, as opposed to merely speculative," that the DOI would rethink the project if faced with an FAA determination that the project posed an unmitigable hazard. As for the merits, the court agreed that the FAA's no hazard determinations are arbitrary and capricious. The FAA failed to analyze the wind farm's potentially adverse effects on "visual flight rule" operations, thereby departing from its own internal guidelines. Town of Barnstable, Massachusetts v. Federal Aviation Administration, No. 10-1276, 41 ELR 20330 (D.C. Cir. Oct. 28, 2011).


WATER, WETLANDS:

The Third Circuit affirmed a lower court decision granting summary judgment in favor of the U.S. government and imposing a $250,000 fine against a landowner for filling wetlands on his property without a permit. The court joined the U.S. Courts of Appeals for the First and Eighth Circuits in holding, as the lower court did, that property is "wetlands" subject to the CWA if it meets either the plurality test or Justice Kennedy's test in Rapanos v. United States, 547 U.S. 715, 36 ELR 20116 (2006). Here, the government met its initial burden of showing that the landowner's property was subject to U.S. jurisdiction under both tests. The evidence demonstrates that streams on the property that flow to navigable-in-fact waters are "relatively permanent" and that the wetlands on the property have a "continuous surface connection" to a covered body of water, thereby meeting the plurality's test. As for Justice Kennedy's test, there is no genuine dispute that the wetlands at issue, "alone or in combination with similarly situated lands in the region, significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as 'navigable.'" Because the landowner failed to present specific facts showing that there is a genuine issue for trial, the lower court properly granted summary judgment in favor of the government. United States v. Donovan, No. 10-4295, 41 ELR 20328 (3d Cir. Oct. 31, 2011).


WILDLIFE, TOXIC SUBSTANCES:

A district court upheld a NMFS biological opinion (BiOp) concluding that EPA's registration decisions under FIFRA for three insecticides--chlorpyrifos, diazinon and malathion--were likely to jeopardize the continued existence of 27 protected species of salmon and steelhead fish and would destroy or adversely modify critical habitats for 25 of those species. Pesticide companies filed suit challenging the BiOp under the APA and the ESA. But the administrative record and briefings by the parties demonstrate a rational connection between the voluminous facts and studies considered by the NMFS and the decisions reached in the final BiOp. Although the companies disagree with many of the NMFS' findings and conclusions and presented persuasive arguments as to why the NMFS should have used different numbers and reached different conclusions, they have not shown that the NMFS ignored the best scientific and commercial data available or that the NMFS' conclusions are irrational. Nor did the NMFS fail to adequately consider and respond to significant and relevant comments and to incorporate them in the BiOp. Although the companies may disagree with the weight accorded different studies or the NMFS' conclusions that some studies were repetitive, this is not a basis for vacating the BiOp. The court, therefore, granted summary judgment in favor of the government. Dow Agrosciences LLC v. National Marine Fisheries Service, No. 09-cv-00824-AW, 41 ELR 20332 (D. Md. Oct. 31, 2011) (Williams Jr., J.).


LAND USE, PROPERTY DAMAGE:

The Supreme Court of Louisiana held that a property owner who discovered radioactive contamination on his land after he purchased it may not file suit against oil and trucking companies allegedly responsible for that contamination. Under Louisiana law, a property owner has no right or actual interest in recovering from a third party for damage that was inflicted on the property before the purchase absent an assignment or subrogation of the rights belonging to the owner of the property when the damage was inflicted. Instead, the subsequent purchaser has the right to seek rescission of the sale, reduction of the purchase price, or other legal remedies. The court rejected the property owner's argument that the subsequent purchaser rule only applied to overt or apparent property damage. Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., No. 2010-C-2267, 41 ELR 20333 (La. Oct. 25, 2011).


AIR, NATURAL GAS:

A California appellate court affirmed a lower court decision denying a natural gas company's petition challenging an air district rule requiring the company to monitor, record, and report changes in the quality of natural gas and air pollutant levels. The district acted reasonably in finding that gas derived from liquefied natural gas owned by the company or shipped in its pipelines is a source of polluting emissions within the meaning of California Health and Safety Code §41511. Natural gas derived from liquefied natural gas produces significantly higher hydrocarbon levels, and there is widespread governmental and industry recognition that the use of liquefied natural gas will lead to increased nitrogen oxides emissions. Thus, the evidence demonstrates that gas derived from liquefied natural gas is the source of increased pollution that will have a harmful effect on the district's ambient air quality. Accordingly, the district acted reasonably in issuing the rule. Southern California Gas Co. v. South Coast Air Quality Management District, No. B226105, 41 ELR 20329 (Cal. App. 2d Dist. Oct. 27, 2011).


Copyright© 2011, Environmental Law Institute, Washington, D.C. All rights reserved.


THE FEDERAL AGENCIES

Note: Citations below are to the Federal Register (FR).


AIR:



  • EPA issued an advance notice of proposed rulemaking related to the new source performance standards program. 76 FR 65653 (10/24/11).

  • EPA entered into a proposed settlement agreement in Engine Manufacturers Ass'n v. EPA, No. 10-1331 (D.C. Cir.), that requires the Agency to propose revisions to the NESHAP for reciprocating internal combustion engines and to take final action by March 14, 2013. 76 FR 67728 (11/2/11).

  • SIP Approvals: California (nitrogen oxide (NOx) emissions for the Placer County air pollution control district and the Sacramento metro air quality management district) 76 FR 67366 (11/1/11); (volatile organic compound (VOC) emissions for the Imperial County and the San Joaquin Valley unified air pollution control districts) 76 FR 67369 (11/1/11); (VOC and particulate matter (PM) emissions for the San Joaquin Valley unified air pollution control district) 76 FR 68103 (11/3/11); (VOC, NOx, and PM emissions for the San Joaquin Valley unified air pollution control district) 76 FR 68106 (11/3/11). Iowa (PSD permitting for greenhouse gases) 76 FR 67067 (10/31/11). North Dakota (air pollution control rules and administrative corrections) 76 FR 68317 (11/4/11). Texas (emission limits, reductions, and other updates) 76 FR 67600 (11/2/11).

  • SIP Proposals: California (NOx emissions for the Placer County air pollution control district and the Sacramento metro air quality management district; see above for direct final rule) 76 FR 67396 (11/1/11). District of Columbia/Maryland/Virginia/West Virginia (attainment of the 1997 annual fine PM NAAQS for the District of Columbia-Maryland-Virginia and the Hagerstown-Martinsburg, Maryland-West Virginia nonattainment areas) 76 FR 68378 (11/4/11). Illinois (volatile organic compound emission limits for consumer products and architectural and industrial maintenance coatings) 76 FR 66663 (10/27/11). Missouri (reasonably available control technology for the eight-hour ozone NAAQS) 76 FR 66013 (10/25/11); (greenhouse gas tailoring rule) 76 FR 66882 (10/28/11). New Mexico (permit fee regulations) 76 FR 68385 (11/4/11). Pennsylvania (attainment of the 1997 annual fine PM NAAQS for the Pennsylvania portion of the Pa./N.J./Del. nonattainment area) 76 FR 67640 (11/2/11); (emission standards for light-duty vehicles) 76 FR 68381 (11/4/11).

ENERGY:



  • DOE proposed a rule under the Energy Independence and Security Act of 2007 (EISA) that would revise the allocation of marketable credits under DOE's Alternative Fuel Transportation Program by including EISA-specified electric drive vehicles and investments in qualified alternative fuel infrastructure, nonroad equipment, and relevant emerging technologies. 76 FR 67288 (10/31/11).

HAZARDOUS & SOLID WASTE:



  • EPA entered into an administrative settlement under CERCLA for U.S. response costs incurred at the BCX Tank Superfund site in Jacksonville, Florida. 76 FR 68439 (11/4/11).

NATURAL RESOURCES:



  • OSM proposed to approve an amendment to Alaska's regulatory program under SMCRA to make it consistent with the federal program. 76 FR 67635 (11/2/11).

  • OSM proposed to approve an amendment to West Virginia's regulatory program under SMCRA concerning revisions authorized in a bill passed by the West Virginia Legislature on March 18, 2011. 76 FR 67637 (11/2/11).

WATER:



  • EPA announced the availability of the final 2010 Effluent Guidelines Program Plan, which identifies any new or existing industrial dischargers, both those discharging directly to surface waters and those discharging to POTWs, selected for effluent guidelines rulemaking and provides a schedule for such rulemakings. 76 FR 66286 (10/26/11).

  • EPA Region 6 proposed to reissue the NPDES general permit authorizing discharges from oil and gas exploration, development, and production facilities located in and discharging to the territorial seas off Texas. 76 FR 65723 (10/24/11).

WILDLIFE:



  • FWS removed the Concho water snake from the list of endangered species based on the agency's determination that threats to this species have been eliminated or reduced to the point that the species has recovered and no longer meets the definition of threatened or endangered under the Act; the agency also removed the snake's federally designated critical habitat. 76 FR 66780 (10/27/11).

  • FWS issued its updated list of plant and animal species native to the United States that it regards as candidates for or have proposed for addition to the Lists of Endangered and Threatened Wildlife and Plants under the ESA. 76 FR 66370 (10/26/11).

  • NMFS designated approximately 360 square kilometers of rocky intertidal and subtidal habitat within five segments of the California coast between the Del Mar Landing Ecological Reserve to the Palos Verdes Peninsula, as well as on the Farallon Islands, Antildeo Nuevo Island, San Miguel Island, Santa Rosa Island, Santa Cruz Island, Anacapa Island, Santa Barbara Island, and Santa Catalina Island, as critical habitat for the endangered black abalone under the ESA. 76 FR 66806 (10/27/11).

  • NMFS proposed regulations to implement Amendment 16 to the Pacific Coast Salmon Fishery Management Plan for Commercial and Recreational Salmon Fisheries off the Coasts of Washington, Oregon, and California. 76 FR 65673 (10/24/11).

  • NMFS proposed regulations to implement to the Fishery Management Plan for the Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region. 76 FR 65662 (10/24/11).

  • NOAA increased the catch limits in the Northeast skate fishery for the remainder of the 2011 fishing year based on recent scientific information showing significant increases in the abundance of skates. 76 FR 66856 (10/28/11).

DOJ NOTICES OF SETTLEMENT:


 



  • United States v. Blue Tee Corp., No. 11-cv-03408-SWH (W.D. Mo. Oct. 18, 2011). A settling CERCLA defendant must pay $3 million to EPA and $32,532 to the state of Missouri in connection with the Newton County Mine Tailings Superfund site. 76 FR 66083 (10/25/11).

  • United States v. Boehringer Ingelheim Vetmedica, Inc., No. 11-cv-06100-SOW (W.D. Mo. Oct. 17, 2011). A settling defendant that violated regulations issued under CAA §608 addressing the venting and release of ozone-depleting substances must pay $300,000 to the United States and perform a supplemental environmental project at an approximate cost of $662,000. 76 FR 66083 (10/25/11).

Copyright© 2011, Environmental Law Institute, Washington, D.C. All rights reserved.


THE CONGRESS

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


Chamber Action



  • S. 271 (land use), which would require the Secretary of Agriculture to enter into a property conveyance with the city of Wallowa, Oregon, was passed by the Senate. 157 Cong. Rec. S7089 (daily ed. Nov. 2, 2011).

  • S. 278 (land use), 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 Senate. 157 Cong. Rec. S7089 (daily ed. Nov. 2, 2011).

  • S. 683 (land use), which would provide for the conveyance of certain parcels of land to the town of Mantua, Utah, was passed by the Senate. 157 Cong. Rec. S7090 (daily ed. Nov. 2, 2011).

  • S. 684 (land use), which would provide for the conveyance of certain parcels of land to the town of Alta, Utah, was passed by the Senate. 157 Cong. Rec. S7091 (daily ed. Nov. 2, 2011).

  • S. 897 (hazardous & solid waste), which would amend SMCRA to clarify that uncertified states and Native American tribes have the authority to use certain payments for certain noncoal reclamation projects and acid mine remediation programs, was passed by the Senate. 157 Cong. Rec. S7091 (daily ed. Nov. 2, 2011).

  • S. 997 (water), which would authorize the Secretary of the Interior to extend a water contract between the United States and the East Bench Irrigation District, was passed by the Senate. 157 Cong. Rec. S7092 (daily ed. Nov. 2, 2011).

  • H.R. 441 (land use), which would authorize the Secretary of the Interior to issue permits for a microhydro project in nonwilderness areas within the boundaries of the Denali National Park and Preserve and to acquire land for the park and preserve from Doyon Tourism, Inc., was passed by the House. 157 Cong. Rec. H6990 (daily ed. Oct. 24, 2011).

  • H.R. 1160 (wildlife), which would require the Secretary of the Interior to convey the McKinney Lake National Fish Hatchery to the state of North Carolina, was passed by the House. 157 Cong. Rec. H6992 (daily ed. Oct. 24, 2011).

  • H.R. 1904 (land use), which would facilitate the efficient extraction of mineral resources in southeast Arizona by authorizing and directing an exchange of federal and nonfederal land, was passed by the House. 157 Cong. Rec. H7090-112 (daily ed. Oct. 27, 2011).

  • H.R. 2594 (climate), which would prohibit U.S. civil aircraft operators from participating in the European Union's emissions trading scheme, was passed by the House. 157 Cong. Rec. H6997 (daily ed. Oct. 24, 2011).

Committee Action



  • H.R. 2840 (water) was reported by the Committee Transportation and Infrastructure. H. Rep. No. 112-266, 157 Cong. Rec. H7329 (daily ed. Nov. 3, 2011). The bill would amend the Federal Water Pollution Control Act to regulate discharges from commercial vessels.

Bills Introduced



  • S. 1741 (Franken, D-Minn.) (energy) would amend the Internal Revenue Code of 1986 to provide an investment tax credit for community wind projects having generation capacity of not more than 20 megawatts. 157 Cong. Rec. S6871 (daily ed. Oct. 20, 2011). The bill was referred to the Committee on Finance.

  • S. 1751 (Hoeven, R-N.D.) (hazardous & solid waste) would amend subtitle D of the Solid Waste Disposal Act to facilitate recovery and beneficial use and provide for the proper management and disposal of materials generated by the combustion of coal and other fossil fuels. 157 Cong. Rec. S6871-72 (daily ed. Oct. 20, 2011). The bill was referred to the Committee on Environment and Public Works.

  • S. 1754 (Tester, D-Mont.) (energy) would promote clean energy infrastructure for rural communities. 157 Cong. Rec. S6872 (daily ed. Oct. 20, 2011). The bill was referred to the Committee on Finance.

  • S. 1757 (Tester, D-Mont.) (energy) would promote clean energy infrastructure for rural communities. 157 Cong. Rec. S6872 (daily ed. Oct. 20, 2011). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.

  • S. 1774 (Baucus, D-Mont.) (land use) would establish the Rocky Mountain Front Conservation Management Area, designate certain federal land as wilderness, and improve the management of noxious weeds in the Lewis and Clark National Forest. 157 Cong. Rec. S7005 (daily ed. Nov. 1, 2011). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1775 (Tester, D-Mont.) (energy) would promote the development of renewable energy on public lands. 157 Cong. Rec. S7005 (daily ed. Nov. 1, 2011). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1788 (Reid, D-Nev.) (land use) would designate the Pine Forest Range Wilderness area in Humboldt County, Nevada. 157 Cong. Rec. S7066 (daily ed. Nov. 2, 2011). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1795 (Grassley, R-Iowa) (water) would require the U.S. Army Corps of Engineers to revise the Missouri River Mainstem Reservoir System Master Water Control Manual to ensure greater storage capacity to prevent serious downstream flooding. 157 Cong. Rec. S7127 (daily ed. Nov. 3, 2011). The bill was referred to the Committee on Environment and Public Works.

  • S. 1797 (Merkley, D-Or.) (energy) would amend title 23 of the U.S. Code to permit as part of certain highway projects the installation of charging infrastructure for plug-in electric drive vehicles. 157 Cong. Rec. S7127 (daily ed. Nov. 3, 2011). The bill was referred to the Committee on Environment and Public Works.

  • S. 1803 (McCaskill, D-Mo.) (air) would amend the CAA to limit federal regulation of nuisance dust in areas where it is regulated under state, tribal, or local law, and would establish a prohibition against revising any NAAQS applicable to nuisance dust. 157 Cong. Rec. S7127 (daily ed. Nov. 3, 2011). The bill was referred to the Committee on Environment and Public Works.

  • S. 1805 (Johanns, R-Neb.) (air) would prohibit the Administrator of EPA from rejecting or otherwise determining to be inadequate a SIP in any case in which the state submitting the plan has not been given a reasonable time to develop and submit the plan in accordance with a certain provision of the CAA. 157 Cong. Rec. S7127 (daily ed. Nov. 3, 2011). The bill was referred to the Committee on Environment and Public Works.

  • S. 1807 (Bingaman, D-N.M.) (energy) would amend the Federal Nonnuclear Energy Research and Development Act of 1974 to provide for the prioritization, coordination, and streamlining of energy research, development, and demonstration programs to meet current and future energy needs. 157 Cong. Rec. S7127 (daily ed. Nov. 3, 2011). The bill was referred to the Committee on Energy and Natural Resources.

  • H.R. 3242 (Stark, D-Cal.) (climate) would amend the Internal Revenue Code of 1986 to reduce emissions of carbon dioxide by imposing a tax on primary fossil fuels based on their carbon content. 157 Cong. Rec. H7007 (daily ed. Oct. 24, 2011). The bill was referred to the Committee on Ways and Means.

  • H.R. 3274 (Campbell, R-Cal.) (energy) would direct the National Highway Traffic Safety Administration to establish a program allowing small-volume vehicle manufacturers to produce not more than 1,000 vehicles annually within a regulatory system that addresses the unique safety and financial issues associated with limited production, and would direct EPA to allow low-volume vehicle manufacturers to rely upon certificates of conformity issued to engines from certified vehicles. 157 Cong. Rec. H7159 (daily ed. Oct. 27, 2011). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 3307 (Reichert, R-Wash.) (energy) would amend the Internal Revenue Code of 1986 to extend the renewable energy credit. 157 Cong. Rec. H7255 (daily ed. Nov. 2, 2011). The bill was referred to the Committee on Ways and Means.

  • H.R. 3308 (Pompeo, R-Kan.) (energy) would amend the Internal Revenue Code of 1986 to terminate certain energy tax subsidies and lower the corporate income tax rate. 157 Cong. Rec. H7255 (daily ed. Nov. 2, 2011). The bill was referred to the Committee on Ways and Means and the Committee on Energy and Commerce.

  • H.R. 3327 (Reed, R-N.Y.) (governance) would direct the Secretary of Transportation to issue categorical exclusions from environmental assessment requirements for certain highway construction activities. 157 Cong. Rec. H7256 (daily ed. Nov. 2, 2011). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 3331 (Sensenbrenner, R-Wis.) (energy) would require an accounting for financial support made to promote the production or use of renewable energy. 157 Cong. Rec. H7256 (daily ed. Nov. 2, 2011). The bill was referred to the Committee on Energy and Commerce and the Committee on Science, Space, and Technology.

  • H.R. 3334 (Maloney, D-N.Y.) (land use) would designate certain National Forest System lands and public lands under the jurisdiction of the Secretary of the Interior in the states of Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and wild and scenic rivers, and would provide for the establishment of a Northern Rockies Wildlife Habitat and Corridors Information System and Program. 157 Cong. Rec. H7329 (daily ed. Nov. 3, 2011). The bill was referred to the Committee on Natural Resources.

  • H.R. 3347 (Fortenberry, R-Neb.) (governance) would exempt any road, highway, or bridge damaged by a natural disaster, including a flood, from duplicative environmental document reviews if the road, highway, or bridge is reconstructed in the same location. 157 Cong. Rec. H7329 (daily ed. Nov. 3, 2011). The bill was referred to the Committee on Natural Resources and the Committee on Transportation and Infrastructure.

Copyright© 2011, 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 2011, visit our list of Cumulative State Developments. For state material reported prior to 2011, visit the ELR Archives.


The states below have updates this week:

Alabama
Arkansas
California

Colorado
Delaware
District of Columbia

Idaho
Illinois
Indiana

Louisiana
Maine
Maryland

Missouri
Montana
Nebraska

Nevada
New Hampshire
New Mexico

Oklahoma
Oregon
Rhode Island

Tennessee
Texas
Utah

Virginia
 

ALABAMA


Hazardous & Solid Waste:



  • The Department of Environmental Management proposed to add Ala. Admin. Code r. 335.13.14, Composting Facilities. The rule would alter §13, pursuant to 2008 amendments to the Solid Wastes & Recyclable Materials Management Act, to establish technical and operational requirements for solid waste composting facilities. The proposed rule would include requirements that facilities obtain permits from the Department. There will be a public hearing December 7, 2011. See http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-OCT-11/335-13-14.PDF.

Water:



ARKANSAS


Water:



  • The Natural Resources Commission adopted Title 14, Rules Implementing the Water Resource Conservation and Development Incentive Act. The purpose of the act is to encourage water users to invest in the construction of impoundments to use available surface water, the conversion from groundwater use to surface water use, and land leveling to reduce agricultural irrigation water use. The rule took effect September 19, 2011. See http://www.sos.arkansas.gov/rulesRegs/Arkansas%20Register/2011/Sept11Reg/138.00.11-001.pdf.

CALIFORNIA


Air:



  • The Air Resources Board proposed to amend Cal. Code Regs. tit. 13, §§2403 and 2407, pertaining to the small off-road engines and tier 4 off-road compression-ignition engine regulations and test procedures. Changes are intended to bring California regulations in line with those of the U.S. EPA. There will be a public hearing December 15, 2011, and the deadline for written comment is December 14. See http://www.oal.ca.gov/res/docs/pdf/notice/43z-2011.pdf (pp. 1727-34).

Hazardous & Solid Waste:



  • The Department of Resources Recycling and Recovery proposed to amend Cal. Code Regs. tit. 14, §§18835-18839, Mandatory Commercial Recycling. Changes would clarify the procedures for implementing §§42649-42649.7 regarding the recycling of commercial solid waste. The deadline for written comment is December 12, 2011, and there will be a public hearing December 13. See http://www.oal.ca.gov/res/docs/pdf/notice/43z-2011.pdf (pp. 1734-37).

Toxic Substances:



  • The Office of Environmental Health Hazard Assessment added tris (1,3–dichloro–2–propyl) phosphate to the list of chemicals known to the state to cause cancer. The listing took effect October 28, 2011. See http://www.oal.ca.gov/res/docs/pdf/notice/43z-2011.pdf (p. 1751).

Water:



  • The Department of Pesticide Regulation proposed to amend Cal. Code Regs. tit. 3, §6000, and to adopt §§6970 and 6972, Prevention of Surface Water Contamination. Changes would identify pesticides that have a high potential to contaminate surface water in outdoor nonagricultural settings and require pest control businesses, including maintenance gardeners, that apply these pesticides to take actions to minimize contamination. The deadline for written comment is December 12, 2011. See http://www.oal.ca.gov/res/docs/pdf/notice/43z-2011.pdf (pp. 1720-22).

COLORADO


Water:



  • The Water Quality Control Commission proposed to amend 5 Colo. Code Regs. §1002.55, Water Quality Improvement Fund. Changes incorporate amended laws that authorize grants for stormwater management training and best practices training to prevent or reduce the pollution of state waters. Changes also pertain to funding allocations and project priority criteria. There will be a public hearing February 13, 2012. See http://www.sos.state.co.us/CCR/Upload/NoticeOfRulemaking/ProposedRuleAttach2011-00756.PDF.

DELAWARE


Hazardous & Solid Waste:



Water:



DISTRICT OF COLUMBIA


Energy:



  • The Department of the Environment proposed to adopt 20 D.C. Municipal Regs. §35.13, Energy Performance Benchmarking of Privately Owned Buildings. The rule would require owners of privately owned buildings to annually benchmark their buildings using the ENERGY STAR Portfolio Manager benchmarking tool. The rule would also require owners to submit their benchmarking to the Department and require the Department to make the results available to the public. The deadline for comment is November 19, 2011. See http://www.dcregs.dc.gov/Gateway/NoticeHome.aspx?noticeid=1767163.

IDAHO


Air:



  • The Department of Environmental Quality adopted Idaho Admin. Code r. 58.01.01, Rules for the Control of Air Pollution in Idaho. The rule alters crop burning rules to regulate smaller crop residue burns differently than large-scale high-fuel content burns. See http://adm.idaho.gov/adminrules/bulletin/bul/11bul/11nov.pdf (p. 43).

  • The Department of Environmental Quality adopted Idaho Admin. Code r. 58.01.01, Rules for the Control of Air Pollution in Idaho. The rule repeals Idaho Administrative Procedures Act (IDAPA) 58.01.01, §199, Electric Generating Unit Construction Prohibition, and IDAPA 58.01.01, §107.03, which opted out of the federal Clean Air Mercury Rule. See http://adm.idaho.gov/adminrules/bulletin/bul/11bul/11nov.pdf (p. 44).

  • The Department of Environmental Quality amended Idaho Admin. Code r. 58.01.01, Rules for the Control of Air Pollution in Idaho. Changes alter definitions and incorporations by reference to ensure consistency with federal regulations. See http://adm.idaho.gov/adminrules/bulletin/bul/11bul/11nov.pdf (p. 45).

Water:



  • The Department of Environmental Quality adopted Idaho Admin. Code r. 58.01.04, Rules for Administration of Wastewater Treatment Facilities Grants. Among other changes, the rule revises the priority rating criteria for wastewater planning grants to closely match the Clean Water State Revolving Fund loan criteria. See http://adm.idaho.gov/adminrules/bulletin/bul/11bul/11nov.pdf (p. 46).

  • The Department of Environmental Quality amended Idaho Admin. Code r. 58.01.09, Rules Regulating Swine and Poultry Facilities. Changes remove references to poultry facilities, which are now regulated by the Department of Agriculture. See http://adm.idaho.gov/adminrules/bulletin/bul/11bul/11nov.pdf (p. 47).

ILLINOIS


Air:



  • The Environmental Protection Agency proposed to amend 35 Ill. Admin. Code §276, Procedures to be Followed in the Performance of Inspections of Motor Vehicle Emissions. Changes incorporate an amendment to the Vehicle Emissions Inspection Law of 2005, pertaining to steady-state idle exhaust and evaporative system integrity inspection tests, which have been substituted for on-board diagnostic tests for some heavy-duty vehicles. The deadline for public comment is December 5, 2011. See http://www.cyberdriveillinois.com/departments/index/register/register_volume35_issue43.pdf (pp. 16918-32).

  • The Pollution Control Board proposed to amend 35 Ill. Admin. Code §240, Mobile Sources. Changes reflect an amendment to the Vehicle Emissions Inspection Law of 2005 repealing the steady-state idle exhaust and evaporative system integrity emissions inspection tests. The deadline for public comment is December 12, 2011. See http://www.cyberdriveillinois.com/departments/index/register/register_volume35_issue44.pdf (pp. 17178-89).

Climate:



Hazardous & Solid Waste:



INDIANA


Air:



  • The Air Pollution Control Board amended 326 Ind. Admin. Code §§2.1, 2.8, 2.9, 2.12, and 2.13, concerning air program permit fees, and §2.1, concerning transition fees and permits. The amendments took effect October 28, 2011. See http://www.in.gov/legislative/iac/20111026-IR-326070286FRA.xml.pdf.

  • The Air Pollution Control Board amended 326 Ind. Admin. Code §§4.1.3 and 4.1.4. Changes add types of burning allowed under the regulation, including burning for natural area and wildlife habitat maintenance and the burning of clean petroleum products for fire training. The amendments took effect October 28, 2011. See http://www.in.gov/legislative/iac/20111026-IR-326090362FRA.xml.pdf.

  • The Air Pollution Control Board proposed to amend 326 Ind. Admin. Code §§11.6.1 through 11.6.9, concerning hospital/medical/infectious waste incinerators. Changes alter the definition of a designated facility. The amendments took effect October 28, 2011. See http://www.in.gov/legislative/iac/20111026-IR-326100733FRA.xml.pdf.

KENTUCKY


General:



LOUISIANA


Energy:



  • The Department of Natural Resources adopted emergency La. Admin. Code 43:XIX.Chapters 2 and 11, Extension of Deadline of Drilling and Completion Operation and Safety Requirements. Changes grant additional time to the committee that is meeting to promulgate new permanent regulations for ensuring increased operational and safety requirements for the drilling or completion of oil and gas wells at water locations within the state, and extend the effectiveness of new operational and safety requirements for the drilling and completion of oil and gas wells at water locations. See http://www.doa.la.gov/osr/reg/1110/1110.pdf (pp. 2694-75).

Hazardous & Solid Waste:



  • The Department of Environmental Quality amended La. Admin. Code 33:IX.Chapter 73, Use or Disposal of Sewage Sludge and Biosolids. Changes revise and clarify the requirements of Standards for the Use or Disposal of Sewage Sludge and Biosolids and incorporate requirements that currently exist as policy within the Department. See http://www.doa.la.gov/osr/reg/1110/1110.pdf (pp. 2992-95).

  • The Department of Environmental Quality proposed to amend La. Admin. Code 33:VII.115 and 508, Removal of Recyclable Material from a Non-Processing Transfer Station. Changes would clarify and encourage the removal of non-putrescible commercial recyclable waste at non-processing transfer stations, clarify the sort-process of the waste stream at the transfer station, and describe what qualifies as acceptable non-putrescible commercial recyclable matter. There will be a public hearing November 29, 2011, and the deadline for comment is December 6. See http://www.doa.la.gov/osr/reg/1110/1110.pdf (pp. 3091-92).

Water:



  • The Department of Natural Resources adopted La. Admin. Code 43:XIX.118, Hydraulic Fracture Stimulation Operations. The rule requires that a work permit be obtained from the Office of Conservation prior to initiating hydraulic fracture stimulation operations on a well and that those participating in hydraulic fracturing post information on fracturing fluid composition and volumes. See http://www.doa.la.gov/osr/reg/1110/1110.pdf (pp. 3064-65).

MAINE


Toxic Substances:



  • The Department of Environmental Protection proposed to amend 06-096 Code Me. Regs. Ch. 880, Regulation of Chemical Use in Children’s Products. Changes would add specificity to the designation of chemicals of high concern by delineating criteria that include chemical presence in consumer products used or present in the home, biomonitoring studies, and analysis of the indoor home environment. There will be a public hearing November 15, 2011, and the deadline for comment is November 25. See http://www.maine.gov/sos/cec/rules/notices/2011/102611.html.

Wildlife:



  • The Department of Agriculture, Food, and Rural Resources proposed to amend 01-001 Code Me. Regs. Ch. 273, Criteria for Listing Invasive Terrestrial Plants. Changes would propose criteria used in evaluating non-native terrestrial invasive plants that could have adverse impacts on the Maine landscape. There will be a public hearing November 17, 2011, and the deadline for comment is November 30. See http://www.maine.gov/sos/cec/rules/notices/2011/102611.html.

MARYLAND


Air:



  • The Department of the Environment amended Md. Code Regs. 26.11.19, Volatile Organic Compounds from Specific Processes, to incorporate the U.S. EPA Control Techniques Guidelines for lithographic and letterpress printing into the state's current regulations for the control of volatile organic compounds. The amendment took effect October 31, 2011. See http://www.dsd.state.md.us/mdregister/3822.pdf (p. 1347).

MISSOURI


Air:



  • The Department of Natural Resources proposed to amend Mo. Code Regs. Ann. tit.10, §6.020, Definitions and Common Reference Tables. Changes would update references to the area-specific indirect heating rules with the new statewide consolidated indirect heating rule. There will be a public hearing December 8, 2011, and the deadline for comment is December 15. See http://www.sos.mo.gov/adrules/moreg/current/v36n21/v36n21b.pdf (pp. 2246-60).

  • The Department of Natural Resources proposed to amend Mo. Code Regs. Ann. tit.10, §6.310, Restriction of Emissions from Municipal Solid Waste Landfills. Changes are needed to maintain consistency with federal emission guidelines for existing municipal solid waste landfills. There will be a public hearing December 8, 2011, and the deadline for comment is December 15. See http://www.sos.mo.gov/adrules/moreg/current/v36n21/v36n21b.pdf (pp. 2260-69).

  • The Department of Natural Resources proposed to amend Mo. Code Regs. Ann. tit.10, §6.400, Restriction of Emission of Particulate Matter from Industrial Processes. Changes would update references to the area-specific indirect heating rules with the new statewide consolidated indirect heating rule. There will be a public hearing December 8, 2011, and the deadline for comment is December 15. See http://www.sos.mo.gov/adrules/moreg/current/v36n21/v36n21b.pdf (pp. 2269-70).

Hazardous & Solid Waste:



  • The Department of Natural Resources amended Mo. Code Regs. Ann. tit.10, §26.2, Underground Storage Tanks--Technical Regulations. The changes clarify the definition of a UST and define specific words used in the chapter. In addition, the changes remove references to a 1998 deadline and add modern standards for testing and evaluating steel tanks, among other revisions. See http://www.sos.mo.gov/adrules/moreg/current/v36n21/v36n21b.pdf (pp. 2299-319).

MONTANA


Hazardous & Solid Waste:



  • The Department of Environmental Quality proposed to amend Mont. Admin. R. 17.56.101, 17.56.605, and 17.56.607 pertaining to definitions, cleanup plan, and release categorization related to USTs. Changes would alter the definition of "petroleum mixing zone" and add the establishment of a petroleum mixing zone in accordance with Mont. Admin. R. 17.56.607. See http://sos.mt.gov/arm/Register/archives/MAR2011/MAR11-20.pdf (p. 2279).

Toxic Substances:



NEBRASKA


Air:



Energy:



Hazardous & Solid Waste:



Water:



NEVADA


Air:



  • The State Environmental Commission amended Nev. Admin. Code §445B.3457, revising the procedure for applications for Class II operating permits. See http://www.leg.state.nv.us/register/2011Register/R006-11A.pdf.

  • The State Environmental Commission amended Nev. Admin. Code §445B, establishing permitting requirements for Class IV sources of hazardous air pollutants, adopting by reference certain provisions of the Code of Federal Regulations, and establishing fees for obtaining a Class IV operating permit and for maintenance of a Class IV stationary source. See http://www.leg.state.nv.us/register/2011Register/R014-11A.pdf.

  • The State Environmental Commission amended Nev. Admin. Code §445B.6115, revising provisions concerning the applicability to certain older motor vehicles of certain standards for emissions from internal combustion engines. See http://www.leg.state.nv.us/register/2011Register/R039-11A.pdf.

Energy:



Hazardous & Solid Waste:



Wildlife:



  • The Board of Wildlife Commissioners proposed to amend Nev. Admin. Code §503.025 to declassify the red fox as a fur-bearing mammal, classify the Eurasian collared dove as an upland game bird, classify the rosy boa as a protected reptile, and provide for the possession, transportation, importation and exportation of certain wolves without a permit or license. See http://www.leg.state.nv.us/register/2011Register/R056-11P.pdf.

NEW HAMPSHIRE


Air:



  • The Department of Environmental Services proposed to amend Env-A 502.01 & 503.01, Standards Applicable to Certain New or Modified Facilities and Sources of Hazardous Air Pollutants. Changes would adopt federal regulations by reference. There will be a public hearing December 2, 2011, and the deadline for comment is December 9. See http://www.gencourt.state.nh.us/rules/register/2011/november-3-11.pdf (pp. 10-11).

NEW MEXICO


Water:



  • The Environmental Improvement Board proposed to amend the New Mexico Drinking Water Regulations. Changes would update New Mexico's incorporation by reference of the National Primary Drinking Water Regulations, 40 CFR Part 141, so that future changes to those regulations will be automatically incorporated into New Mexico regulations. There will be a public hearing January 3, 2011. See http://www.nmcpr.state.nm.us/nmregister/xxii/xxii20/Environotice.pdf.

OKLAHOMA


Air:



  • The Department of Environmental Quality amended Okla. Admin. Code §§252.100.2 and 252.100.8, Air Pollution Control. Changes would incorporate federal rules by reference and clarify rules for construction permits. There will be a public hearing November 15, 2011. See http://www.oar.state.ok.us/register/Volume-29_Issue-04.htm#a17967.

OREGON


Energy:



  • The Department of Energy proposed to amend Or. Admin. R. 330.070, the Residential Energy Tax Credit rules. Changes would alter definitions to eliminate alternative fuel vehicles and certain appliances and would establish the appropriate level of incentive for eligible alternative energy devices. There will be a public hearing November 23, 2011, and the deadline for comment is November 30. See http://arcweb.sos.state.or.us/doc/rules/bulletin/November2011_Bulletin.pdf (pp. 15-16).

  • The Department of Energy amended Or. Admin. R. 330.090, the Business Energy Tax Credit rules. The amendment implements changes made by House Bill 3606 that specify that federal grants received in connection with a facility reduce the final cost of a facility. In addition, the changes provide new definitions of "certified cost" and "federal grant." Rules were certified to be effective September 29, 2011. See http://arcweb.sos.state.or.us/doc/rules/bulletin/November2011_Bulletin.pdf (pp. 106-20).

RHODE ISLAND


Climate:



  • The Office of Energy Resources adopted Regulation Rules and Regulations for the Allocation and Distribution of Regional Greenhouse Gas Initiative Proceeds. The rule sets forth the administrative procedure for allocation under the program. The rule takes effect November 21, 2011. See http://sos.ri.gov/rules/index.php?page=details&erlid=6499.

Hazardous & Solid Waste:



  • The Department of Environmental Management amended Regulation Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases. Changes address the findings and recommendations of the Rhode Island House of Representatives "Special Legislative Commission to Study Naturally Occurring Arsenic in Soil" as well as public involvement and environmental justice issues resulting from a separate public review process. The rule will take effect November 9, 2011. See http://sos.ri.gov/rules/index.php?page=details&erlid=6362.

TENNESSEE


Water:



  • The Environment and Conservation Agency proposed to amend Tenn. Admin. Code §1200.04.06, Underground Injection Control. Changes would repeal the section and replace it with §0400.45.06. There will be public hearings December 13-16, 2011, and the deadline for written comment is December 15. See http://state.tn.us/sos/rules_filings/10-11-11.pdf.

  • The Environment and Conservation Agency proposed to amend Tenn. Admin. Code §0400.45.08, Water Registration Requirements. Changes would repeal the section and replace it with §1200.05.08. There will be public hearings December 13-16, 2011, and the deadline for written comment is December 15. See http://state.tn.us/sos/rules_filings/10-13-11.pdf.

  • The Environment and Conservation Agency proposed to amend Tenn. Admin. Code §0400.45.09, Water Well License Regulations and Well Construction Standards. Changes would repeal the section and replace it with §1200.04.09. There will be public hearings December 13-16, 2011, and the deadline for written comment is December 15. See http://state.tn.us/sos/rules_filings/10-14-11.pdf.

  • The Environment and Conservation Agency proposed to amend Tenn. Admin. Code §0400.45.01, Public Water Systems. Changes would repeal the section and replace it with §1200.05.01. There will be public hearings December 13-16, 2011, and the deadline for written comment is December 15. See http://state.tn.us/sos/rules_filings/10-15-11.pdf.

TEXAS


Air:



  • The Commission on Environmental Quality proposed to repeal 30 Tex. Admin. Code §§101.380, 101.382, 101.383, and 101.385, System Cap Trading. The change would repeal nitrogen compound emissions System Cap Trading program rules because the program has seen minimal participation since its inception. There will be public hearings November 15 & 17, 2011, and the deadline for comment is November 21. See http://www.sos.state.tx.us/texreg/pdf/backview/1021/1021is.pdf (pp. 7124-28).

  • The Commission on Environmental Quality proposed to amend 30 Tex. Admin. Code §116.128, Permit Application. Amendments concern control methods for existing petroleum coke, fuel oil, and coal-fired electric utility steam generating units required to demonstrate maximum achievable control technology under the CAA. There will be a public hearing November 17, 2011, and the deadline for written comment is November 21. See http://www.sos.state.tx.us/texreg/pdf/backview/1021/1021is.pdf (pp. 7128-38).

Hazardous & Solid Waste:



  • The Railroad Commission of Texas proposed to add 16 Tex. Admin. Code §4.635, relating to a memorandum of understanding between the Railroad Commission of Texas and the Texas Department of State Health Services concerning radiation control functions. The rule would outline jurisdiction and responsibility. The deadline for comment is November 28, 2011. See http://www.sos.state.tx.us/texreg/pdf/backview/1028/1028is.pdf (pp. 7224-27).

UTAH


Water:



  • The Department of Environmental Quality proposed to amend Utah Admin. Code r. 317.2, Standards of Quality for Waters of the State. Changes would resolve U.S. EPA disapprovals, adopt updated water quality criteria, provide greater flexibility for developing site-specific standards, and make editorial corrections based on a three-year rule review. There will be a public hearing December 5, 2011, and the deadline for comment is December 15. See http://www.rules.utah.gov/publicat/bull_pdf/2011/b20111101.pdf (pp. 78-98).

VIRGINIA


Water:



  • The Department of Environmental Quality proposed to amend 9 Va. Admin. Code §25.194, General Virginia Pollutant Discharge Elimination System Permit for Car Wash Facilities, and §25.810, General Virginia Pollutant Discharge Elimination System Permit for Coin-Operated Laundry. Changes would replace the applicable permits that expire in 2012 and 2016. There will be a public hearing December 1, 2011, and the deadline for comment is December 27. See http://legis.state.va.us/codecomm/register/vol28/iss04/v28i04.pdf (pp. 191-204).

  • The Department of Environmental Quality amended 9 Va. Admin. Code §25.820, General Virginia Pollutant Discharge Elimination System Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia. Changes reduce total nitrogen and total phosphorous waste load allocations for the discharges and nutrient trading in the Chesapeake Bay watershed in Virginia and reissue the existing general permit. The amendments take effect January 1, 2012. See http://legis.state.va.us/codecomm/register/vol28/iss04/v28i04.pdf (pp. 216-233).

Copyright© 2011, Environmental Law Institute, Washington, D.C. All rights reserved.


INTERNATIONAL

BANK AGREES TO FINANCE SHANGHAI CARBON MARKET

China's Industrial Bank Co. signed an agreement with the Shanghai Environment and Energy Exchange to finance the city's planned carbon emissions market. China, which has pledged to reduce carbon output by as much as 45% of 2005 levels by 2020, plans to launch a carbon trading pilot program in Shanghai in 2013 and to expand it nationally by 2015. The Industrial Bank will provide liquidity and supervise trading funds for the exchange's platform. In an Economist feature, Nate Taplin of GK Dragonomics, a consulting firm, said that one possible reason for the shifts toward new environmental policies are that the current ones are failing. He observed that China set a target of a 10% reduction in nitrogen oxides by 2015, but that the emissions rate soared 6% in the first half of 2011. A recent study released by the European Commission indicated that China's per capita carbon emissions are now on par with those of Italy. Xie Zhenhua, minister in charge of climate policy, announced that China will not allow per capita levels to reach those of the United States in the wake of a recent study indicating the nations would be on par in 2017. A recent report indicated that the rate of carbon dioxide output jumped by the largest amount on record last year, exceeding worst case scenarios outlined by climate experts. For the full story, see http://www.bloomberg.com/news/2011-11-04/china-s-industrial-bank-to-finance-planned-shanghai-emissions-trading.html. For the Economist feature, see http://www.economist.com/node/21534830. For the article on greenhouse gas emissions exceeding worst case scenarios, see http://www.smh.com.au/environment/climate-change/greenhouse-emissions-exceed-worst-case-scenario-20111104-1mzzh.html.


EU STICKS TO AIRLINE EMISSIONS SCHEME

The European Union (EU) refused last week to change its airline carbon emissions plan despite opposition from the United Nations aviation body. Starting January 1, the EU will charge foreign and domestic airline carriers for their carbon emissions, and the EU is already defending its decision in court. Last Wednesday, the International Civil Aviation Organization (ICAO) released a declaration with the backing of China, the United States, and 24 other nations saying that the directive was "inconsistent with applicable international law." U.S. companies have argued that the rules violate international aviation and climate change agreements, and China reportedly retaliated by blocking Hong Kong Airlines' order for billions of dollars worth of Airbus aircrafts. The declaration said that the EU plan "violates the cardinal principle of state sovereignty," as it charges airlines for emissions released outside of the EU. EU climate commissioner Connie Hedegaard said that it was "disappointing that ICAO discussions once again focus on what states should not do instead of what they should do to curb growing aviation emissions." Hedegaard also highlighted provisions in the EU law that exempt airline carriers arriving from a nation that implements similar measures. For the full story, see http://www.google.com/hostednews/afp/article/ALeqM5jhAScS9pUTWciZL9v83JRMJKPOfw?docId=CNG.8f57c81ec428501957d8f35c38e9be85.161 and http://green.blogs.nytimes.com/2011/11/02/26-nations-defy-europe-on-airline-emissions/. For the declaration, see http://www.reuters.com/article/2011/11/03/uk-airlines-emissions-idUSLNE7A201R20111103.


BELGIUM TO PHASE OUT NUCLEAR POWER

Belgium's main political parties have committed to a plan to shut down the country's three oldest nuclear power reactors in accordance with its 2003 nuclear exit law. The shutdowns are set to take place by 2015, but are conditioned on finding enough alternative energy sources for the 5,860 megawatts that will need to be replaced. The Belgian government first passed a law in which all seven reactors were to be eliminated by 2025, but the law was never implemented before the breakup of the federal government in 2010. The plan would halt a 2009 agreement with GDF Suez, the owner of the country's remaining power stations, that would have allowed it to keep the three oldest reactors open until 2025. "If it turns out we won’t face shortages and prices would not skyrocket, we intend to stick to the nuclear exit law of 2003," said a spokeswoman for Belgium’s energy and climate ministry. However, some analysts are skeptical of the country's ability to maintain its energy supply. "The question is: is the replacement capacity ready by 2015 and according to the Belgian energy regulator CREG it won't be," said Johan Albrecht, an analyst of environmental and energy policy at the Itinera think-tank. Currently, some 55% of energy consumed in Belgium comes from nuclear energy, and 90% of all energy from domestic sources comes from the two power stations at risk of being shut down. For the full story, see http://www.upi.com/Business_News/Energy-Resources/2011/11/02/Belgium-moves-toward-nuclear-phase-out/UPI-73481320229080/ and http://www.reuters.com/article/2011/10/31/us-belgium-nuclear-idUSTRE79U1YY20111031.


Copyright© 2011, Environmental Law Institute, Washington, D.C. All rights reserved.


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