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Weekly Update Volume 36, Issue 10
Leslie Carothers, Publisher
Note: The cases listed are available from the ELR Document Service.
The Eleventh Circuit reversed a lower court's partial grant of summary judgment in favor of an environmental group claiming that a power plant violated the opacity limits set forth in its CAA Title V operating permit. The permit and a Georgia rule each include a startup, shutdown, and malfunction (SSM) provision that allows the plant to exceed the 40% opacity limit during SSM. Here, all of the violations allegedly occurred during periods of SSM. The lower court held that Georgia's EPA-approved SSM rule could not be used as a defense where allegations of opacity violations are raised in a citizen enforcement action. Georgia's SSM rule, however, applies to any enforcement action, whether initiated by the state or by a private citizen. Nor does current EPA policy on SSM revoke the state rule. On remand, the power plant may invoke the SSM rule as a defense, but it will be required to prove that the rule's and permit's SSM conditions are satisfied for each instance of exceedance. Sierra Club v. Georgia Power Co., No. 05-11314, 36 ELR 20065 (11th Cir. Mar. 30, 2006) (23 pp.).
The First Circuit upheld the dismissal of a power plant owner's suit against EPA for refusing to grant its request for a formal evidentiary hearing on the plant's NPDES permit. Because there was no clear and unambiguous congressional intent behind the word "public hearing" in the CWA, the court deferred to EPA's reasonable interpretation of the statutory language. Thus, no non-discretionary duty to grant the power plant an evidentiary hearing on its permit application exists. Dominion Energy Brayton Point, LLC v. Johnson, No. 05-2231, 36 ELR 20066 (1st Cir. Mar. 30, 2006) (16 pp.).
The Fifth Circuit dismissed business owners' general maritime law, OPA, CERCLA, and state law claims against a barge that ran into a bridge in Louisiana. The cargo on the barge--a gaseous mixture of propylene/propane--discharged into the air as a result of the collision. The state, therefore, ordered a mandatory evacuation of all businesses and residences within a certain radius of the bridge. The businesses' claims were for economic losses resulting from the evacuation. But claimants who suffer no physical damage to a propriety interest may not recover for purely economic losses, and so the claims were dismissed. Taira Lynn Marine Ltd. Number 5, LLC v. Jays Seafood, Inc., No. 04-31069, 36 ELR 20061 (5th Cir. Mar. 23, 2006) (17 pp.).
The Tenth Circuit granted the U.S. Forest Service's motion to dismiss claims that a special-use permit authorizing a water supply company to store water on certain lands within the Roosevelt National Forest violated FLPMA. The district court's decision that the permit violated FLPMA is not a final, appealable order because it remanded the permit to the agency for further consideration. The case does not require urgent or immediate judicial consideration, and delayed review will not result in injustice. If the Forest Service's decision on remand is not satisfactory, the challengers can pursue administrative remedies and, if necessary, judicial review at a later stage in the proceedings. Trout Unlimited v. United States Department of Agriculture, Nos. 04-1317, -1346, 36 ELR 20063 (10th Cir. Mar. 29, 2006) (10 pp.).
The Ninth Circuit reversed a district court's denial of environmental groups' motion to preliminarily enjoin two U.S. Forest Service post-fire restoration projects in the El Dorado National Forest. The groups argued that the EISs for the projects did not comply with NEPA because the Forest Service used faulty scientific methodology in developing tree mortality guidelines and because the EISs failed to adequately consider adverse impacts on the California spotted owl. They also argued that the EISs failed to comply with the NFMA because the Forest Service did not compile sufficient population data for certain bird management indicator species. Because the groups showed a strong likelihood of success on the merits of their claims that the EISs did not comply with NEPA or the NFMA, and because they otherwise satisfied the requirements for a preliminary injunction, the court reversed the lower court's denial. The court accused the Forest Service of apparently being more interested in harvesting timber than in complying with environmental laws. Earth Island Institute v. United States Forest Service, No. 05-16776, 36 ELR 20062 (9th Cir. Mar. 24, 2006) (51 pp.).
The Eighth Circuit held that an environmental group has standing to challenge the construction of a proposed levee on the Missouri River under NEPA. The group alleged that the U.S. Army Corps of Engineer violated NEPA by not preparing an EIS. The group also argued that the Federal Emergency Management Agency violated the Stafford Act by permitting the levee to include land that is restricted to open space uses. Although the group did not establish a final agency action with respect to the Stafford Act claim, the Corps' issuance of an EA and FONSI constitutes final agency action under NEPA. The group, therefore, has standing, and the court reversed the lower court's dismissal of the group's NEPA claims. Sierra Club v. United States Army Corps of Engineers, No. 04-3910, 36 ELR 20068 (8th Cir. Apr. 4, 2006) (11 pp.).
The Tenth Circuit upheld the dismissal of Wyoming's constitutional, APA, ESA, and NEPA claims against the DOI for failing to initiate delisting of the gray wolf as an endangered species and for its alleged failure to manage and control wolf population in the state. Wyoming failed to identify a final agency action necessary to satisfy the statutory standing requirements of the APA. Consequently, the court expressed no opinion on the state's remaining claims. Wyoming v. United States Department of Interior, Nos. 05-8026 et al., 36 ELR 20067 (10th Cir. Apr. 4, 2006) (5 pp.).
A California appellate court upheld a city zoning ordinance prohibiting the development of a "big box" retail store within its jurisdiction. The city made a legitimate policy choice when it decided to organize development using neighborhood shopping centers dispersed throughout the city, the ordinance was reasonably related to protecting that development choice, and no showing was made that the restrictions significantly affected residents of surrounding communities. Also, further environmental review under CEQA is not necessary because the zoning amendments were consistent with city's general plan and were covered adequately by the prior environmental impact report prepared for the general plan. Wal-Mart Stores, Inc. v. City of Turlock, No. F047372, 36 ELR 20069 (Cal. App. 5th Dist. Apr. 5, 2006) (33 pp.).
A California appellate court upheld the dismissal of individuals' nuisance and constructive eviction claims against their landlords for allegedly exposing them to mold mycotoxins in their homes. The trial court did not err in granting the landlords' motions in limine to exclude certain testimony, sampling data, and testing results. And in view of the absence of any testing for mycotoxins at the properties in question, there is no evidence that the individuals were exposed to mycotoxins at the properties in question. The trial court, therefore, did not err in granting the landlords' motion to preclude the individuals from alleging exposure to mycotoxins at the properties. Geffcken v. D'Andrea, No. B176232, 36 ELR 20064 (Cal. App. 2d Dist. Mar. 28, 2006) (19 pp.).
Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.
Note: Citations below are to the Federal Register (FR).
- EPA amended the CAA general conformity regulations to add de minimis emissions levels for the NAAQS for particulate matter with a diameter of 2.5 microns or less (PM2.5) and their precursors. 71 FR 17003 (4/5/06).
- EPA finalized amendments to NESHAPs for hydrochloric acid (HCl) production facilities, including HCl production at fume silica facilities. 71 FR 17738 (4/7/06).
- EPA amended the industrial process cooling towers NESHAPs to provide that sources that are operated with chromium-based water treatment chemicals are subject to the NESHAPs. 71 FR 17729 (4/7/06).
- EPA revised the motor vehicle inspection/maintenance regulation to update submission and implementation deadlines and other timing-related requirements to more appropriately reflect the implementation schedule for meeting the eight-hour NAAQS for ozone. 71 FR 17705 (4/7/06).
- EPA revised its gasoline and diesel fuel test method regulations to allow refiners and laboratories to use more current and improved fuel testing procedures for five American Society for Testing and Materials (ASTM) analytical test methods. 71 FR 16492 (4/3/06).
- EPA made minor amendments to the existing Tier 2 motor vehicle regulations to provide two voluntary, interim alternative compliance options for a very limited set of nitrogen oxide standards, including only high altitude and high speed/high acceleration conditions. 71 FR 16053 (3/30/06).
- EPA expanded the list of acceptable substitutes for ozone-depleting substances under the Agency's significant new alternatives policy program. 71 FR 15589 (3/29/06).
- EPA finalized its decision to not revise the national emission standards for gasoline distribution facilities based on the Agency's residual risk assessment and technology review under CAA §112(f)(2). 71 FR 17352 (4/6/06).
- EPA announced its final decision not to revise NESHAPs for magnetic tape manufacturing operations. 71 FR 17720 (4/7/06).
- EPA finalized its decision not to revise the ethylene oxide emission standards for sterilization facilities. 71 FR 17712 (4/7/06).
- EPA proposed an alternative work practice to detect leaks from equipment by using optical gas imaging; it believes this new technology provides equal, or better, environmental protection than the 25-year old technology that is currently used. 71 FR 17401 (4/6/06).
- EPA proposed to amend the CAA general conformity regulations to add de minimis emissions levels for the PM2.5 NAAQS and their precursors (see above for direct final rule). 71 FR 17047 (4/5/06).
- EPA proposed to revise its gasoline and diesel fuel test method regulations to allow refiners and laboratories to use more current and improved fuel testing procedures for five ASTM analytical test methods (see above for direct final rule). 71 FR 16535 (4/3/06).
- EPA proposed to make minor amendments to the existing Tier 2 motor vehicle regulations (see above for direct final rule). 71 FR 16087 (3/30/06).
- EPA proposed controls on gasoline, passenger vehicles, and portable gasoline containers that would significantly reduce emissions of benzene and other hazardous air pollutants. 71 FR 15803 (3/29/06).
- EPA announced that it granted the Navajo Nation's request to supplement its full delegation of authority to administer the CAA federal title V operating permits program to include the Four Corners Steam Electric Station and the Navajo Generating Station. 71 FR 16773 (4/4/06).
- EPA announced that on February 9, 2006, its Environmental Appeals Board denied review of a petition for review of a PSD permit that the Agency issued to Diamond Wanapa I, L.P. for construction and operation of the Wanapa Energy Center, a natural gas-fired combined cycle electric generating facility near Umatilla, Oregon. 71 FR 17844 (4/7/06).
- SIP Approvals: Arizona (opacity standards) 71 FR 15043 (3/27/06). Iowa (Polk County Board of Health Rules and Regulations) 71 FR 16048 (3/30/06); (PSD permits) 71 FR 16051 (3/30/06). Maryland (volatile organic compound (VOC) emissions from yeast manufacturing) 71 FR 16237 (3/31/06); (revised definition of VOCs) 71 FR 16239 (3/31/06). Nevada (burning regulations) 71 FR 15040 (3/27/06). Pennsylvania (reasonably available control technology determinations for two individual sources) 71 FR 16235 (3/31/06).
- SIP Proposals: California (South Coast air quality management district) 71 FR 15656 (3/29/06). Iowa (Polk County Board of Health Rules and Regulations; see above for direct final rule) 71 FR 16086 (3/30/06); (PSD permits; see above for direct final rule) 71 FR 16086 (3/30/06). Maryland (revised definition of VOCs; see above for direct final rule) 71 FR 16273 (3/31/06). Virginia (definition revision) 71 FR 17050 (4/5/06).
HAZARDOUS & SOLID WASTE:
- EPA proposed mandatory criteria for the environmentally protective use of granular mine tailings known as "chat'' for transportation construction projects carried out in whole or in part with federal funds; the Agency also proposed a certification requirement. 71 FR 16729 (4/4/06).
- EPA entered into a proposed settlement under CERCLA §122(h)(1) concerning the Davis Refining Superfund site in Tallahassee, Florida, to seek partial reimbursement of past response costs. 71 FR 16307 (3/31/06).
- OSM approved an amendment to Oklahoma's regulatory program under SMCRA concerning cross sections, maps, and plans; subsidence control; impoundments; revegetation success standards; and roads. 71 FR 15028 (3/27/06).
- OSM proposed to approve an amendment to Montana's regulatory program under SMCRA concerning, among other things, application fees, valid existing rights, bond release applications, and penalties. 71 FR 15090 (3/27/06).
- OSM proposed to approve revisions to Tennessee's regulatory program under SMCRA; the revisions concern funding, ground cover, and bare areas. 71 FR 17681 (4/6/06).
- USDA announced its intent to prepare an EIS to evaluate a potential significant amendment to the 1997 Tongass National Forest Plan. 71 FR 15372 (3/28/06).
- The U.S. Forest Service revised special use regulations that set out requirements and provide direction to agency personnel for managing recreation residence uses of national forest system lands and assessing fees for those uses pursuant to the Cabin User Fee Fairness Act (see below for related directives). 71 FR 16613 (4/3/06).
- The U.S. Forest Service adopted final directives that set out requirements and provide direction to agency personnel for managing recreation residence uses of national forest system lands and assessing fees for those uses pursuant to the Cabin User Fee Fairness Act (see above for related rule revisions). 71 FR 16622 (4/3/06).
- EPA announced the availability of its cumulative risk assessment for the chloroacetanilide group of pesticides. 71 FR 15726 (3/29/06).
- EPA announced the availability of its tolerance reassessment eligibility decision for the chloroacetanilide pesticide acetochlor. 71 FR 15730 (3/29/06).
- EPA announced the availability of its revised risk assessment for the use of methyl bromide in enclosures, chambers, and structural food processing/storage facilities. 71 FR 15728 (3/29/06).
- EPA announced the availability of its risk assessments and related documents for the pesticides monosodium methanearsonate, disodium methanearsonate, calcium acid methanearsonate, and cacodylic acid, collectively referred to as the "organic arsenic herbicides,'' and opened a public comment period on these documents. 71 FR 17093 (4/5/06).
- EPA announced the availability of the NAFTA Guidance Document on Requirements for Tolerances on Imported Commodities in the United States and Canada. 71 FR 17099 (4/5/06).
- EPA announced the availability of the Polychlorinated Biphenyl Site Revitalization Guidance Under the Toxic Substances Control Act. 71 FR 16703 (4/4/06).
- EPA announced the availability of additional occurrence studies that it may use in performing its economic analysis of the groundwater rule that was proposed on May 10, 2000; the rule will provide for increased protection against microbial pathogens in public water systems. 71 FR 15105 (3/27/06).
- EPA Region 6 announced the availability of a supplemental fact sheet describing proposed revisions to previously proposed NPDES general permits for stormwater discharges from small municipal separate storm sewer systems located in New Mexico and in Indian Country Lands in New Mexico and Oklahoma. 71 FR 16775 (4/4/06).
- DOI's Bureau of Reclamation issued a Scoping Summary Report on the development of lower basin shortage guidelines and coordinated management strategies for the operation of the Colorado River reservoirs Lake Powell and Lake Mead, particularly under low reservoir conditions. 71 FR 16341 (3/31/06).
- EPA and the U.S. Army Corps of Engineers proposed to revise their compensatory mitigation regulations; the revisions are intended to establish performance standards and criteria for the use of permittee-responsible compensatory mitigation and mitigation banks, to improve the quality and success of compensatory mitigation projects for authorized activities, to apply equivalent standards to each type of compensatory mitigation to the maximum extent practicable, and to account for regional variations in aquatic resource types, functions, and values. 71 FR 15519 (3/28/06).
- DOE announced that it will include a floodplain and wetlands assessment in connection with the EIS it is preparing for the proposed expansion of the Strategic Petroleum Reserve in Louisiana, Mississippi, and Texas. 71 FR 15398 (3/28/06).
- FWS determined that the Tibetan antelope should be classified as endangered throughout its range in the Tibetan Plateau in China and small portions of India and western Nepal; the species' population has declined drastically over the past three decades such that it is in danger of extinction throughout all or a significant portion of its range. 71 FR 15620 (3/29/06).
- FWS proposed to establish the Western Great Lakes distinct population segment of gray wolf and to remove this segment from the list of endangered and threatened wildlife. 71 FR 15265 (3/27/06).
- FWS proposed to designate critical habitat for two endangered plants, Shivwits milk-vetch and Holmgren milk-vetch, located in Mohave County, Arizona, and Washington County, Utah. 71 FR 15965 (3/29/06).
- FWS announced it will conduct a five-year review of Maguire daisy, Holmgren milk-vetch, Shivwits milk-vetch, Virgin River chub, woundfin, and Kanab ambersnail in order to ensure that the classification of species as threatened or endangered is accurate. 71 FR 17900 (4/7/06).
- FWS announced that it is conducting a five-year review of the gray bat, Iowa Pleistocene snail, decurrent false aster, Pitcher's thistle, and western prairie fringed orchid to determine whether these species are properly classified as endangered or threatened. 71 FR 16176 (3/30/06).
- FWS announced the availability of two recently published reports and underlying data regarding the Preble's meadow jumping mouse and the proposed delisting of the species. 71 FR 16090 (3/30/06).
- FWS announced its intent to prepare a comprehensive conservation plan and EA for the Waccamaw National Wildlife Refuge in Georgetown, Horry, and Marion counties in South Carolina. 71 FR 15757 (3/29/06).
- FWS established regulations for seasons, harvest limits, methods, and means related to the taking of fish and shellfish for subsistence uses on public lands in Alaska during the 2006-2007 regulatory year. 71 FR 15569 (3/29/06).
- NOAA listed the southern distinct population segment of the North American green sturgeon as a threatened species. 71 FR 17757 (4/7/06).
- NOAA proposed to list the distinct population segment of Puget Sound steelhead in Washington as threatened. 71 FR 15666 (3/29/06).
- NOAA announced that the Mid-Atlantic Fishery Management Council intends to prepare an EIS to assess potential effects on the human environment of alternative measures for measuring the summer flounder, scup, and black sea bass fisheries pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. 71 FR 15384 (3/28/06).
- NOAA announced that the Alaska SeaLife Center has been issued a permit to conduct scientific research on captive Steller sea lions. 71 FR 15387 (3/28/06).
- NOAA announced that it renewed the affirmative finding for the government of Spain allowing yellowfin tuna harvested in the eastern tropical Pacific Ocean to be imported into the United States. 71 FR 17836 (4/7/06).
- NOAA announced that it renewed the affirmative finding for the government of Mexico allowing yellowfin tuna harvested in the eastern tropical Pacific Ocean to be imported into the United States. 71 FR 17836 (4/7/06).
- NOAA-Fisheries, in order to provide protection to an aggregation of northern right whales, announced temporary restrictions that apply to certain fishermen in an area east of Chatham, Massachusetts. 71 FR 17358 (4/6/06).
- NOAA-Fisheries announced temporary restrictions that apply to certain fishermen in an area southeast of the Great South Channel in order to provide protection to an aggregation of northern right whales. 71 FR 17360 (4/6/06).
- NOAA-Fisheries issued a permit to the Virginia Institute of Marine Science in Gloucester Point, Virginia, to take loggerhead, Kemp's ridley, leatherback, green, and hawksbill sea turtles for scientific research. 71 FR 17451 (4/6/06).
- NOAA-Fisheries gave notice that its Southeast Fisheries Science Center in Miami, Florida, has been issued a permit to take green, loggerhead, Kemp's ridley, hawksbill, leatherback, olive ridley, and unidentified hardshell sea turtles for scientific research. 71 FR 17451 (4/6/06).
DOJ NOTICES OF SETTLEMENTS:
- United States v. Bennett, No. LACV 06-0238 DDP (AJWx) (C.D. Cal. Jan. 12, 2006). Settling CERCLA defendants must sell portions of the Waste Disposal, Inc. Superfund site in Santa Fe Springs, California, must pay a portion of those proceeds to the United States in reimbursement of U.S. response costs, and must provide the U.S. government with the access and institutional controls necessary to perform remedial action at the site . 71 FR 15764 (3/29/06).
- United States v. Citygas Gasoline Corp., No. CV-03-6374 (E.D.N.Y. Mar. 16, 2006). A settling RCRA defendant that violated UST regulations at its gas station in the Bronx, New York, must pay a $100,000 civil penalty, must comply with the UST regulations within specified deadlines, and must perform a ground-penetrating radar study to locate out-of-service waste oil USTs at its facility. 71 FR 15764 (3/29/06).
- United States v. Puerto Rico Administration of Corrections, No. 90-2119 (D.P.R. Mar. 8, 2006). A settling CWA defendant that violated a supplemental consent decree entered on February 14, 1997, must pay $500,000 in stipulated penalties for violating the earlier decree, must complete a previously required safe drinking water supply system for a rural Puerto Rican community, and must inspect a component of a wastewater pump station. 71 FR 15765 (3/29/06).
- United States v. AK Steel Corp., No. C-1- 00530 (S.D. Ohio Apr. 3, 2006). A settling CWA, CAA, and RCRA defendant must pay a $460,000 civil penalty; must perform an environmentally beneficial project that will remove ozone-depleting refrigerants from specified equipment at a cost of no less than $750,000; must undertake a comprehensive RCRA facility investigation, including human health and ecological risk assessments; and must implement a series of RCRA corrective action interim measures, including the removal of PCB-contaminated sediments and soils from specified surface waters, adjacent floodplain areas, and previously identified PCB "hot spots'' at its steelmaking facility in Middletown, Ohio. 71 FR 17497 (4/6/06).
- In Re Saltire Industrial, Inc., No. 04-15389 (Bankr. Ct. S.D.N.Y. Mar. 22, 2006). In a bankruptcy proceeding involving a settling CERCLA defendant, the United States was allowed general unsecured claims totaling over $10 million in connection with nine hazardous waste sites located throughout the nation. 71 FR 17498 (4/6/06).
- United States v. American Energy, Inc., No. 04-CV-164-AA (D. Or. Mar. 22, 2006). A settling CWA and Oil Pollution Act defendant that discharged gasoline into the shorelines and waters of Beaver Creek on the Warm Springs Indian Reservation in Oregon must pay $80,000 to the United States and $80,000 to the Warm Springs Tribes in civil penalties; must pay $315,222.50 to the natural resource trustees for their development and implementation of the plan to restore natural resources damaged by the spill and to recover natural resource services lost as a result of the spill; must pay $94,242.98 to NOAA for reimbursement costs; and must pay $15,533.52 to the DOI for damage assessment costs. 71 FR 17140 (4/5/06).
- United States v. Ametek, Inc., No. 06- 1200 (E.D. Pa. Mar. 21, 2006). A settling CERCLA defendant must implement the EPA-selected groundwater remedy at the John Evans' Sons Property at the North Penn Area Six Superfund site located within and adjacent to the Borough of Lansdale, Pennsylvania, and must reimburse the United States for certain future response costs. 71 FR 17140 (4/5/06).
- United States v. City of Millersburg, No. 6:06-CV-06069-TC (D. Or. Mar. 27, 2006). A settling CERCLA defendant must pay $91,964.95 in past response costs incurred at a portion of the Teledyne Wah Chang Superfund site near Millersburg, Oregon, must implement institutional controls, and must provide access necessary to monitor those controls and to conduct any future response actions. 71 FR 17141 (4/5/06).
- United States v. Monarch Greenback, L.L.C., No. 02-436-S- EJL (D. Idaho Mar. 22, 2006). Settling CERCLA defendants must pay the United States $66,000 in response costs incurred at the Talache Mine Tailings Superfund site near Atlanta, Idaho, and must pay potential future costs that could total up to $200,000; one of the defendants must also establish and fund an escrow account to pay for operation and maintenance at the site. 71 FR 17141 (4/5/06).
- United States v. Sahli Enterprises, Inc., No. 06-C-1627 (N.D. Ill. Mar. 24, 2006). Settling CERCLA defendants that released or threatened release of hazardous substances at the Crescent Plating Superfund site in Chicago, Illinois, must pay a one-time payment of $222,500 in response costs and must continue to provide EPA with access to the site. 71 FR 17142 (4/6/06).
Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.
- S. 2463 (Sununu, R-N.H.) (national forests) would designate as wilderness certain National Forest System land in the state of New Hampshire. 152 Cong. Rec. S2467 (daily ed. Mar. 28, 2006). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.
- S. 2466 (Kyl, R-Ariz.) (national forests) would authorize and direct the exchange and conveyance of certain National Forest land and other land in southeast Arizona. 152 Cong. Rec. S2467 (daily ed. Mar. 28, 2006). The bill was referred to the Committee on Energy and Natural Resources.
- H.R. 5016 (Kolbe, R-Ariz.) (land exchange) would provide for the exchange of certain BLM land in Pima County, Arizona. 152 Cong. Rec. H1195 (daily ed. Mar. 28, 2006). The bill was referred to the Committee on Resources.
- H.R. 5018 (Pombo, R-Cal.) (Magnuson-Stevens Act) would reauthorize the Magnuson-Stevens Fishery Conservation and Management Act. 152 Cong. Rec. H1195 (daily ed. Mar. 28, 2006). The bill was referred to the Committee on Resources.
- H.R. 5019 (Walden, R-Or.) (dam rehabilitation) would authorize the Bureau of Reclamation to participate in the rehabilitation of the Wallowa Lake Dam in Oregon. 152 Cong. Rec. H1195 (daily ed. Mar. 28, 2006). The bill was referred to the Committee on Resources.
- H.R. 5025 (Walden, R-Or.) (national forests) would protect for future generations the recreational opportunities, forests, timber, clean water, diverse habitat, and wilderness and scenic values of Mount Hood National Forest, Oregon. 152 Cong. Rec. H1195 (daily ed. Mar. 28, 2006). The bill was referred to the Committee on Resources and the Committee on Agriculture.
- H.R. 5051 (Gilchrest, R-Md.) (Magnuson-Stevens Act) would authorize appropriations to the Secretary of Commerce for the Magnuson-Stevens Fishery Conservation and Management Act for fiscal years 2007 through 2012. 152 Cong. Rec. H1389 (daily ed. Mar. 30, 2006). The bill was referred to the Committee on Resources.
- H.R. 5053 (Hart, R-Pa.) (national trails system) would amend the National Trails System Act to extend the Lewis and Clark National Historic Trail to include additional sites associated with the preparation or return phase of the expedition. 152 Cong. Rec. H1389 (daily ed. Mar. 30, 2006). The bill was referred to the Committee on Resources.
- H.R. 5059 (Bass, R-N.H.) (national forests) would designate the Wild River Wilderness in the White Mountain National Forest in the state of New Hampshire. 152 Cong. Rec. H1389 (daily ed. Mar. 30, 2006). The bill was referred to the Committee on Resources and the Committee on Agriculture.
- H.R. 5061 (Boucher, D-Va.) (fish hatcheries) would direct the Secretary of the Interior to convey Paint Bank National Fish Hatchery and Wytheville National Fish Hatchery to the state of Virginia. 152 Cong. Rec. H1389 (daily ed. Mar. 30, 2006). The bill was referred to the Committee on Resources.
- H.R. 5062 (Bradley, R-N.H.) (national forests) would designate as wilderness certain National Forest System land in the state of New Hampshire. 152 Cong. Rec. H1389 (daily ed. Mar. 30, 2006). The bill was referred to the Committee on Resources, and in addition to the Committee on Agriculture.
- H.R. 5078 (Boehlert, R-N.Y.) (EPA) would elevate EPA to Cabinet-level status and redesignate such agency as the Department of Environmental Protection. 152 Cong. Rec. H1451 (daily ed. Apr 4, 2006). The bill was referred to the Committee on Government Reform.
- H.R. 5089 (Stupak, D-Mich.) (fisheries) would enable the Great Lakes Fishery Commission to investigate effects of migratory birds on sustained productivity of stocks of fish of common concern in the Great Lakes. 152 Cong. Rec. H1452 (daily ed. Apr 4, 2006). The bill was referred to the Committee on Resources.
- H.R. 5100 (Ehlers, R-Mich.) (Great Lakes) would establish a collaborative program to protect the Great Lakes. 152 Cong. Rec. H1562 (daily ed. Apr. 5, 2006). The bill was referred to the Committees on Transportation and Infrastructure, on Resources, on Science, and on House Administration.
- H.R. 5110 (Udall, D-Colo.) (water) would facilitate the use for irrigation and other purposes of water produced in connection with development of energy resources. 152 Cong. Rec. H1562 (daily ed. Apr. 5, 2006). The bill was referred to the Committee on Resources.
Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.
Note: The entries below cover state developments since the last issue of Update. The entries are arranged by state, and within each section, entries are further subdivided by subject matter area. For a cumulative listing of materials reported in 2006, visit our list of Cumulative State Developments Arranged by State, or our list of Cumulative State Developments Arranged by Subject Matter. For state material reported prior to 2006, visit the ELR Archives.
The states below have updates this week:
|Florida||Michigan||Rhode Island||West Virginia|
- The Department of Environmental Conservation is seeking comments on the draft TMDLs for Campbell Creek and Campbell Lake in Anchorage, Alaska. The draft TMDLs address fecal coliform bacteria and propose allocations that will limit future discharges to the water. Comments are due April 25, 2006. See http://www.state.ak.us/local/akpages/ENV.CONSERV/public_notices.htm
- The Department of Environmental Quality's proposed rules to implement a state hazardous air pollutants program under A.R.S. §§49-426.05 and 49-426.06(A)(2) were finalized March 15, 2006. See http://www.azdeq.gov/function/laws/download/hapsfinal.pdf
- The California Air Resources Board will hold a public workshop to discuss proposed amendments to the Airborne Toxic Control Measure for Stationary Compression Ignition Engines (ATCM). Among other provisions, the existing ATCM (Cal. Code Regs. tit. 17, §93115) contains emission limits for new stationary diesel agricultural engines. The proposed amendments would primarily add emission limits for in-use stationary diesel agricultural engines to the ATCM. The workshops will be held April 26 and 27, 2006. See http://www.arb.ca.gov/diesel/ag/meetings/workshopnotice4-26-06.pdf
- The California Air Resources Board will host an initial public meeting to discuss potential future emission control measures to reduce railroad emissions. These semi-annual meetings are being convened as part of the Statewide Rail Yard Agreement. These meetings will be hosted by the parties to the Agreement--the Board, Union Pacific Railroad, and BNSF Railway. The meeting will be held April 25, 2006. See http://www.arb.ca.gov/railyard/ryagreement/042506notice.pdf
- The Bureau of Automotive Repair and the Air Resources Board have scheduled a series of workshops to discuss adding low-pressure fuel evaporative testing to the smog check inspection. This inspection would affect 1976 through 1995 model-year vehicles. The workshops will provide interested parties the opportunity to provide input in advance of the formal regulation hearing process. Meetings will be held April 4, 18, and 20, 2006. See http://www.smogcheck.ca.gov/ftp/pdfdocs/Workshop_Meeting_Notice_04-06.pdf
- The California Air Resources Board will hold a public workshop on April 14, 2006, to discuss the status of zero emission bus (ZEB) technology and proposed regulations. See http://www.arb.ca.gov/msprog/bus/zeb/msc0606.pdf
- The South Coast Air Quality Management District held a public workshop on March 28 to solicit information and suggestions from the public regarding Proposed Amended Rule (PAR) 1171--Solvent Cleaning Operations. The objective of PAR 1171 is to delay implementation of the 100 gram per liter volatile organic compound limit for cleaning certain ink application equipment to allow time for further testing and industry transition to new materials. Comments were due April 5, 2006. See http://www.aqmd.gov/pub_edu/notice_1171_Mar_28_06.html
- The South Coast Air Quality Management District (AQMD) held a public workshop on March 28 to present and solicit information and suggestions from the public on Proposed Rule 223 (PR 223), which was developed to comply with California Senate Bill 700--Agriculture & Air Quality (SB 700) codified in Cal. Health & Safety Code §40724. The AQMD Governing Board will consider adoption of PR 223 at a public hearing tentatively scheduled for June 2, 2006. PR 223 is designed to ensure that all large confined animal facilities reduce emissions of air contaminants from their facilities to the extent feasible. See http://www.aqmd.gov/pub_edu/notice_223_Mar_28_06.html
Hazardous & Solid Wastes:
- The California Integrated Waste Management Board proposed regulations that will allow it to implement the requirements of the Electronic Waste Recycling Act of 2003), Chapter 526, Statutes of 2003; as amended by Chapter 863, Statutes of 2004, including the establishment and implementation of a payment system for the collection and proper recycling of covered electronic waste. Written comments are due May 8, 2006. A public hearing will be held May 9, 2006. See http://www.ciwmb.ca.gov/Rulemaking/EWaste/default.htm
- The Office of Environmental Health Hazard Assessment withdrew its proposed amendments to Cal. Code Reg. tit. 22,§§12601 and 12705 (b), (c), and (3), that were submitted on April 8, 2005, to the Office of Administrative Law (OAL). OEHHA held a public hearing on the proposed regulations in May 2005 and received voluminous comments on the proposals, but was unable to complete the review of those comments and the redraft of the regulatory proposals within the one-year time frame allowed by law. OEHHA intends to submit new proposed regulations regarding this subject to OAL within 60 days. See http://www.oehha.ca.gov/prop65/acrylamide_withdrawl.html
Hazardous & Solid Wastes:
- The Colorado Department of Public Health and Environment proposed amendments to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Parts 261, 262, and 100. Specifically, it proposed amendments to the Hazardous Waste Fees, which includes, but may not be limited to, generator fees and document review fees. Written comments are due May 2, 2006. A public hearing will be held May 16, 2006. See http://www.cdphe.state.co.us/op/hwc/FeeRule.pdf
- The Colorado Department of Public Health and Environment proposed to adopt the Uniform Hazardous Waste Manifest Rule in the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Parts 260, 261, 262, 263, 264, and 265. Written comments are due May 2, 2006. A public hearing will be held May 16, 2006. See http://www.cdphe.state.co.us/op/hwc/Manifestrulemaking.pdf
- The Colorado Department of Public Health and Environment proposed amendments to the Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Parts 261 and 268. The following regulation will be considered for adoption: Nonwastewaters from Dyes and Pigments. Written comments are due May 2, 2006. A public hearing will be held May 16, 2006. See http://www.cdphe.state.co.us/op/hwc/Nonwastewatersfromdyesandpigmentsrulemaking.pdf
- The Colorado Department of Public Health and Environment proposed to correct typographical errors and inadvertent omissions set forth in the Colorado Hazardous Waste Regulations at 6 CCR 1007-3, Parts 261, 264, 265, 268, and 279. Written comments are due May 2, 2006. A public hearing will be held May 16, 2006. See http://www.cdphe.state.co.us/op/hwc/Typocorrectionsrulemaking.pdf
- The Colorado Department of Public Health and Environment proposed to amend §6.04 of Colorado Hazardous Waste Regulations, 6 CCR 1007-3, Part 6. This does not change the amounts of annual commission fees but simply changes the rule to reflect the 2006-2007 fiscal year. Written comments are due May 2, 2006. A public hearing will be held May 16, 2006. See http://www.cdphe.state.co.us/op/hwc/Part6.04Rulemaking.pdf
- The Department of Environmental Protection will hold a public workshop in Key West on April 26, 2006, to present the proposed land management plan for Ft. Zachary Taylor State Park to the public. See http://tlhora6.dep.state.fl.us/onw/publications/1-FtZacharyWS-3-24-06-INT.pdf
- The Department of Environmental Protection gave notice of proposed rulemaking to amend Chapters 62-672 and 62-673, F.A.C., to ensure that process water reporting and consumption are adequate to avoid unpermitted releases from phosphogypsum stack systems. An adoption hearing will be held before the Environmental Regulation Commission on April 27, 2006, in Tallahassee. See http://tlhora6.dep.state.fl.us/onw/publications/7-NPR62672-3-31-06-INT.pdf and http://tlhora6.dep.state.fl.us/onw/publications/8-NPR62673-3-31-06-INT.pdf
- The Department of Environmental Protection held a second rule development workshop on April 7, 2006, to receive public comments on its proposed amendment to Rule 62-302.800, F.A.C., which will establish site specific alternative criteria for dissolved oxygen in the marine portions of the lower St. Johns River and its tributaries. See http://tlhora6.dep.state.fl.us/onw/publications/5-SecondWorkshopLSJRSSAC-3-24-06-INT.pdf
- The Department of Environmental Protection announced that NOAA will conduct a public meeting on May 3, 2006, as part of a standard program review of the state's operation and management of the Apalachicola National Estuarine Research Reserve. See http://tlhora6.dep.state.fl.us/onw/publications/2-ANERRmtg-3-31-06-INT.pdf
Hazardous & Solid Wastes:
The Department of Environmental Quality extended the deadline for public comments on proposed revisions to guidance for evaluating whether contaminated properties pose risks to human health. The deadline for submitting comments is now 5 p.m. on Monday, May 22, 2006. See http://www.deq.state.id.us/Applications/NewsApp/shownews.cfm?event_id=1451
- The Illinois Pollution Control Board will hold a hearing on May 23, 2006, on standards and requirements for potable water well surveys and for community relations activities performed in conjunction with agency notices of threats from contamination under PA 94-134: New Ill. Adm. Code tit. 35, pt. 1505. See http://www.ipcb.state.il.us/cool/external/CaseView2.asp?case=12877
- The Air Pollution Control Board amended 326 IAC 1-3-4 concerning particulate matter ambient air quality standards. See http://www.in.gov/legislative/register/Vol29/07Apr/02F326050235.PDF
- The Air Pollution Control Board changed the public hearing date for consideration of preliminary adoption of sulfur dioxide limitations on the Citizens Gas and Coke Utility, printed at 28 IR 3672, to May 3, 2006. See http://www.in.gov/legislative/register/Vol29/07Apr/07CH326050118.PDF
- The Air Pollution Control Board proposed to adopt 326 IAC 20-80 and 326 IAC 20-81 concerning NESHAPs for surface coating of miscellaneous metal parts and plastic parts. Comments are due April 24, 2006. A public hearing will be held June 7, 2006. See http://www.in.gov/legislative/register/Vol29/07Apr/08P326040181.PDF
- The Air Pollution Control Board proposed to adopt 326 IAC 20-95 concerning NESHAPs for industrial, commercial, and institutional boilers and process heaters. Comments are due April 24, 2006. A public hearing will be held June 7, 2006. See http://www.in.gov/legislative/register/Vol29/07Apr/08P326050023.PDF
- The Air Pollution Control Board proposed to amend 326 IAC 1-4-1 concerning redesignation of Delaware, Greene, Jackson, Vanderburgh, Vigo, and Warrick counties to attainment for the eight-hour ozone standard, the redesignation of Lake County to attainment for the sulfur dioxide standard, and revocation of the one-hour ozone standard. Comments are due April 24, 2006. A public hearing will be held May 3, 2006. See http://www.in.gov/legislative/register/Vol29/07Apr/08P326060018.PDF
- The Air Pollution Control Board proposed to amend 326 IAC 1-2-33.5 to delist methyl ethyl ketone. A public hearing will be held May 3, 2006. See http://www.in.gov/legislative/register/Vol29/07Apr/08P326060019.PDF
- The Natural Resources Commission proposed to amend 312 IAC 25 to assist in the administration of IC 14-34, which governs surface coal mining and reclamation activities. The Commission also proposed to amend 312 IAC 25-4-102 to require an applicant proposing to establish commercial forest resources on prime farmland to submit for approval a commercial forest planting plan, commercial forest management plan, and documentation of landowner consent, and proposed to amend 312 IAC 25-6-143 to allow commercial forest resources on reclaimed prime farmland provided soil productivity is demonstrated according to soil productivity standards. Public comments may be submitted. See http://www.in.gov/legislative/register/Vol29/07Apr/07NO312060067.PDF
- The Natural Resources Commission proposed to amend 312 IAC 25 to assist in the administration of IC 14-34, which governs surface coal mining and reclamation activities. The amendment makes numerous changes to help assure conformance with state and federal law, qualifies approved reclamation projects financed with less than 50% federal funding as "government-financed construction," removes requirements for the submittal of applications for water impoundments of less than 100-acre feet, adds a provision allowing the director of the Department of Natural Resources to initiate an application for bond release, clarifies conduct of informal conferences regarding proposed bond release, exempts impoundments that are entirely contained within an incised structure from examination requirements, clarifies requirements for construction or reconstruction of primary roads, and clarifies the definition of "abandoned site" as used in 312 IAC 25-7-1. Public comments may be submitted. See http://www.in.gov/legislative/register/Vol29/07Apr/07NO312060068.PDF
- The Water Pollution Control Board withdrew LSA #05-51, concerning operation and maintenance of small wastewater treatment facilities. See http://www.in.gov/legislative/register/Vol29/07Apr/05WD327050051.PDF
- The Natural Resources Commission proposed to amend 312 IAC 13-8-1, 312 IAC 13-8-3, and 312 IAC 13-10-2, governing water well drilling contractors, to apply new grouting requirements to geothermal heat pump wells, replace numerical diameter requirements for a monitoring well by a functionality requirement, modify the standards for a filter pack seal in a monitoring well, establish standards for a monitoring well constructed by the direct push method, and, for a cover on a bucket well or a hand dug well that was abandoned before January 1, 1988, no longer authorize lumber if treated with chromium copper arsenic salt. A public hearing will be held April 24, 2006. See http://www.in.gov/legislative/register/Vol29/07Apr/08P312050341.PDF
- The Natural Resources Commission temporarily amended 312 IAC 18-3-18 and LSA Document #06-23(E), which regulate the emerald ash borer as a pest or pathogen to provide quarantine standards with respect to the species and to quarantine any county with a township that has an infested area, to apply to Huntington County. Expires January 1, 2007. See http://www.in.gov/legislative/register/Vol29/07Apr/06E312060051.PDF
- The Natural Resources Commission amended 312 IAC 18-3-12, which governs standards for the control of the larger pine shoot beetle, by adding Dearborn County to the state quarantine area. Effective 30 days after filing with the Secretary of State. See http://www.in.gov/legislative/register/Vol29/07Apr/08P312050213.PDF
- The Natural Resources Commission proposed to amend 312 IAC 8-1-4, 312 IAC 8-2-3, 312 IAC 8-2-9, 312 IAC 9-5-7, 312 IAC 9-10-7, 312 IAC 10-3-6, 312 IAC 10-4-4, 312 IAC 11-2-4, 312 IAC 11-2-11, 312 IAC 11-2-14.5, 312 IAC 11-2-21, 312 IAC 11-2-24, 312 IAC 11-2-27, 312 IAC 11-2-28, and 312 IAC 11-4-2 through 312 IAC 11-4-6 to update or correct statutory cross-references and to correct clerical or grammatical errors in rules of the Natural Resources Commission. Also repeals 312 IAC 11-2-28. A public hearing will be held April 24, 2006. See http://www.in.gov/legislative/register/Vol29/07Apr/08P312060009.PDF
- The Natural Resource Commission announced its intention to amend Chapter 52, “Wildlife Refuges,” Iowa Administrative Code. This amendment deletes the Iowa River Corridor Wildlife Area in Iowa County from the list of wildlife refuges. Comments are due April 18, 2006. A public hearing will be held April 18, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060329.pdf (p. 1445)
- The Natural Resource Commission announced its intention to amend Chapter 91, “Waterfowl and Coot Hunting Seasons,” Iowa Administrative Code. These rules give the regulations for hunting waterfowl and coot and include season dates, bag limits, possession limits, shooting hours, and areas open to hunting. Season dates are adjusted annually to comply with federal law and to ensure that seasons open on a weekend. Comments are due April 18, 2006. A public hearing will be held April 18, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060329.pdf (p. 1446)
- The Natural Resource Commission announced its intention to adopt new Chapter 95, “Game Harvest Reporting and Landowner-Tenant Registration,” Iowa Administrative Code. These rules give the regulations for reporting the harvest of deer and wild turkey and the procedures for landowners and tenants to verify their eligibility for free deer and wild turkey hunting licenses. Comments are due April 18, 2006. A public hearing will be held April 18, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060329.pdf (p. 1446)
- The Natural Resource Commission announced its intention to amend Chapter 98, “Wild Turkey Spring Hunting,” Iowa Administrative Code. These rules give the regulations for hunting wild turkey during the spring and include season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and method of take, and transportation tag requirements. The amendments eliminate resident spring turkey hunting zones and license quotas, change the daily bag limit, require reporting of harvested turkeys through the harvest reporting system, and require landowners and tenants to preregister to obtain free turkey hunting licenses. Comments are due April 18, 2006. A public hearing will be held April 18, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060329.pdf (p. 1448)
- The Natural Resource Commission hereby announced its intention to amend Chapter 106, “Deer Hunting by Residents,” Iowa Administrative Code. The amendments list license quotas for antlerless deer licenses, remove many restrictions on seasons in which antlerless-only licenses may be used, require landowners and tenants to register before obtaining free deer licenses, and require all hunters who shoot deer to report each kill to the Department of Natural Resources. Comments are due April 18, 2006. A public hearing will be held April 18, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060329.pdf (p. 1449)
- The Natural Resource Commission announced its intention to amend Chapter 107, “Rabbit and Squirrel Hunting,” Iowa Administrative Code. This amendment reduces the bag limit for white-tailed jackrabbits from two daily and four in possession to one daily and two in possession. Comments are due April 18, 2006. A public hearing will be held April 18, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060329.pdf (p. 1453)
- The Natural Resource Commission announced its intention to amend Chapter 108, “Mink, Muskrat, Raccoon, Badger, Opossum, Weasel, Striped Skunk, Fox (Red and Gray), Beaver, Coyote, Otter, Bobcat, Gray (Timber) Wolf and Spotted Skunk Seasons,” Iowa Administrative
Code. These amendments add a new trapping season for river otters. Comments are due April 18, 2006. A public hearing will be held April 18, 2006. See http://www.legis.state.ia.us/Rules/Current/Bulletin/IAB060329.pdf (p. 1454)
Hazardous & Solid Wastes:
- The Department of Environmental Quality issued an emergency rule, Remediation of Sites with Contaminated Media (LAC 33:V.109.Hazardous Waste Definition), effective March 27, 2006. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/HW084E8.pdf
- The Department of Environmental Quality issued an emergency rule, Expedited Penalty Agreement (LAC 33:I.801, 803, 805, and 807), effective March 20, 2006. See http://www.deq.louisiana.gov/portal/portals/0/planning/regs/pdf/OS054E9.pdf
- The Air Quality Division will hold a public hearing on May 9, 2006, on the proposed addition of R 336.1818 (SOAHR No. 2005-003EQ). The proposed amendment will reduce emissions of oxides of nitrogen from stationary internal combustion engines. Comments are due May 9, 2006. See http://www.michigan.gov/deq/0,1607,7-135-3308-139037--,00.html#Rules
- The Department of Environmental Quality announced that the 2006 federal CWA §303(d) list of impaired water bodies prepared for Mississippi is available for public review and comment. Comments are due May 1, 2006. See http://www.deq.state.ms.us/MDEQ.nsf/page/TWB_Total_Maximum_Daily_Load_Section?OpenDocument
- The Department of Environmental Quality proposed to amend ARM 17.8.101, 102, 103, etc. (Air Quality - Incorporation by Reference of Current Federal Regulations - MAR Notice No. 17-245). A public hearing will be held May 11, 2006. Comments are due May 18, 2006. See http://deq.mt.gov/dir/legal/Notices/17-245pro.pdf
Hazardous & Solid Wastes:
- The Department of Environmental Quality proposed to revise Title 128 - Nebraska Hazardous Waste Regulations. The changes are proposed for adoption at the June 9, 2006, Environmental Quality Council hearing. See http://www.deq.state.ne.us/Proposed.nsf/Pages/Proposed
Hazardous & Solid Wastes:
- The Department of Environmental Conservation adopted 6 NYCRR Part 374-4, Standards for the Management of Elemental Mercury and Dental Amalgam Wastes at Dental Facilities, and associated revisions to 6 NYCRR Parts 364, 370, and 371. Effective May 12, 2006. See http://www.dec.state.ny.us/website/dshm/redrecy/374regs.html
- The Department of Environmental Conservation amended the used oil management regulations at 6 NYCRR Part 372, Subparts 360-1, 360-14, and 374-2. Effective May 12, 2006. See http://www.dec.state.ny.us/website/dshm/hzwstman/usedoil.html
- The Department of Environmental Conservation adopted Part 40--Marine Fish. This rulemaking was necessary to manage the harvest of marine and anadromous finfish resources in New York; to ensure consistency with Regional Council or Interstate Fishery Management Plans for each species; ensure that management regulations are consistent with the status and needs of marine and anadromous finfish stocks to maintain healthy and sustainable fisheries; restrict mortality on all stocks of marine and anadromous finfish, while allowing for appropriate use; and clarify compliance requirements and definitions to ensure effective enforcement of Department regulations. Adopted on March 15, 2006. See http://www.dec.state.ny.us/website/dfwmr/propregs/index.html#adopted
- The Department of Environment and Natural Resources approved 15A NCAC 02B .0240, Nutrient Offset Payments. The rule establishes procedures for the optional payment of fees to partially offset nutrient loading requirements. Effective August 1, 2006. See http://www.ncoah.com/rules/register/Volume20Issue19.pdf (p. 1656)
- The North Carolina Wildlife Resources Commission proposed to amend 15A NCAC 10A .1101 concerning wildlife resources and water safety. A public hearing will be held April 19, 2006. Comments are due June 2, 2006. See http://www.ncoah.com/rules/register/Volume20Issue19.pdf (p. 1626)
- The Wildlife Resources Commission proposed to amend 15A NCAC 10D.0103. The purpose of this proposed rule is to adjust management of public lands with respect to waterfowl impoundments in Camden, Caswell, Currituck, and Pasquotank counties and to create a new game land in Buncombe and Madison counties. The portion of the proposed rule that addresses hunting on posted waterfowl impoundments in Camden, Currituck, and Pasquotank counties will be discussed at a public hearing on April 25, 2006. The portion of the proposed rule that addresses hunting on posted waterfowl impoundments on the Caswell Game Land will be discussed April 20, 2006. Comments are due June 2, 2006. See http://www.ncoah.com/rules/register/Volume20Issue19.pdf (p. 1627)
- The North Carolina Wildlife Resources Commission proposed to amend 15A NCAC 10F .0327. The proposed rule will add a no-wake zone to the waters of Badin Lake in Montgomery County. A public hearing will be held April 25, 2006. Comments are due June 2006. See http://www.ncoah.com/rules/register/Volume20Issue19.pdf (p. 1637)
- The Department of Wildlife Conservation adopted emergency rulemaking to amend its commercial mussel harvest operating provisions at 800:15-7-3 to require that any mussel shell harvester must notify the local game warden before the harvester goes to the water to harvest shells. This rule change would also require that any mussel buyers must purchase mussel shells using fair market value of the shells. Adopted January 9, 2006. Effective January 17, 2006. See http://www.oar.state.ok.us/register/Volume-23_Issue-14.htm
- The Department of Environmental Management proposed amendments to the Rhode Island Marine Fisheries Regulations and announced its intent to hold a public hearing to afford interested parties the opportunity for public comment on proposed changes to the recreational summer flounder management plan; proposed changes to the recreational scup management plan; proposed changes to the recreational tautog management plan; and proposed changes to the winter flounder management plan. The hearing will be held May 4, 2006. See http://www.dem.ri.gov/programs/bnatres/fishwild/pn050406.htm
- The Department of Health and Environmental Control proposed to amend R.61-62, Air Pollution Control Regulations and Standards and the SIP (61-62.1, 61-62.5, Std. 5.2, and 61-62.5, Std. 4). Specifically, the Department is proposing to amend Section I - Definitions, and Section II - Permit Requirements, of Regulation 61-62.1, Definitions and General Requirements, which requires stationary sources planning to construct, alter, or add to a source of air pollutants to first obtain a construction permit from the Department. This permitting program is generally referred to as the minor source permitting program to distinguish it from additional permitting requirements for major sources of air pollutants. Comments are due April 24, 2006. See http://www.scdhec.gov/administration/regs/docs/regupdate.doc
Hazardous & Solid Wastes:
- The Department of Health and Environmental Control proposed to amend R.61-63, Radioactive Materials (Title A), and R.61-83, Transportation of Radioactive Waste Into or Within South Carolina. The Department intends to maintain conformity with federal requirements for Financial Assurance for Material Licensees as found in 10 C.F.R. pts. 30, 40, and 70 and the Transportation Safety Standards as found in 10 C.F.R. pt. 71, and to ensure compliance with federal standards as required by Section 274 of the Atomic Energy Act of 1954. Comments are due April 25, 2006. See http://www.scdhec.gov/administration/regs/docs/regupdate.doc
The Department of Health and Environmental Control proposed to amend R.61-51, State Primary Drinking Water Regulations. The Department proposes to revise the State Primary Drinking Water Regulations to include, but not be limited to, requirements promulgated under the National Primary Drinking Water Regulations: Stage 2 Disinfectants and Disinfection Byproducts Rule. The proposed regulation revision will amend the State Primary Drinking Water Regulations to comply with requirements of 40 C.F.R. pts. 141 and 142. Comments are due April 24, 2006. See http://www.scdhec.gov/administration/regs/docs/regupdate.doc
- The Tennessee Petroleum Underground Storage Tank Board will hold a public hearing to receive comments concerning amendments to the Chapter 1200-1-15 UST program pursuant to T.C.A. §68-215-113. The hearing will be held May 25, 2006. Comments are due May 31, 2006. See http://www.state.tn.us/environment/ust/ustppo/RulemakingHearingMay06.pdf
- The Division of Water Pollution Control announced the availability of Tennessee's proposed TMDL for E. coli in the Stones River watershed, located in eastern Tennessee. Comments are due May 8, 2006. See http://www.state.tn.us/environment/wpc/tmdl/StonesEcoliPN.php
- The Texas Commission on Environmental Quality will hold a public hearing on May 9, 2006, concerning rulemaking to implement provisions of HB 2481 and HB 3469 to establish the Texas Clean School Bus Program. Comments are due May 16, 2006. See http://www.tceq.state.tx.us/assets/public/legal/rules/hearings/06016114_phn.pdf
- The Texas Commission on Environmental Quality will hold a public hearing on May 4, 2006, on proposed revisions to 30 TAC Chapter 291, Utility Regulations. The revisions would implement changes from HB 1358, HB 2301, and SB 1063, all from the 79th Legislative Session. Comments are due May 15, 2006. See http://www.tceq.state.tx.us/assets/public/legal/rules/hearings/05061291_phn.pdf
- The Texas Commission on Environmental Quality will hold a public hearing on May 11, 2006, on proposed revisions to 30 TAC Chapter 293, Water Districts, to establish new or to revise existing requirements relating to the administration and supervision of water districts. Comments are due May 15, 2006. See http://www.tceq.state.tx.us/assets/public/legal/rules/hearings/05058293_phn.pdf
- The Department of Environmental Quality proposed to revise R307-101-2, Definitions, to clarify the general definitions that are used throughout the rules under R307. These amendments are part of revisions to rules related to the federal new source review program. Comments are due May 2, 2006. See http://www.rules.utah.gov/publicat/bulletin/2006/20060401/28545.htm
- The Department of Environmental Quality proposed to revise R307-325, Davis and Salt Lake Counties and Ozone Nonattainment Areas: Ozone Provisions, to clarify the applicability of this rule. These amendments are part of revisions to rules related to the federal new source review program. Comments are due May 2, 2006. See http://www.rules.utah.gov/publicat/bulletin/2006/20060401/28544.htm
- The Department of Environmental Quality proposed to repeal R307-413, Permits: Exemptions and Special Provisions, to move provisions from Rule R307-413 into Rule R307-401 to clarify that these exemptions apply only to the requirements of Rule R307-401 and not to other permitting rules, and to remove exemptions that provide no benefit to the environment or the public. Comments are due May 2, 2006. See http://www.rules.utah.gov/publicat/bulletin/2006/20060401/28546.htm
- The Department of Environmental Quality proposed to revise R307-110-9, Section VIII, Prevention of Significant Deterioration, to change the date of adoption by the Air Quality Board. Comments are due May 2, 2006. See http://www.rules.utah.gov/publicat/bulletin/2006/20060401/28320.htm
- The Department of Environmental Quality proposed to revise R307-401, Permit: New and Modified Sources, to make changes in response to public comments. Comments are due May 2, 2006. See http://www.rules.utah.gov/publicat/bulletin/2006/20060401/28325.htm
- The Department of Environmental Quality proposed to revise R307-405, Permits: Major Sources in Attainment or Unclassified Areas (PSD), to make changes in response to public comments. Comments are due May 2, 2006. See http://www.rules.utah.gov/publicat/bulletin/2006/20060401/28322.htm
- The Department of Environmental Quality proposed to revise R307-410, Permits: Emissions Impact Analysis, to make changes in response to public comments. Comments are due May 2, 2006. See http://www.rules.utah.gov/publicat/bulletin/2006/20060401/28323.htm
- The Department of Environmental Quality proposed to amend R313-32, Medical Use of Radioactive Material, to modify Utah's Radiation Control Rules to be compatible with federal requirements found in 10 C.F.R. pt. 35. Comments are due May 1, 2006. See http://www.rules.utah.gov/publicat/bulletin/2006/20060401/28541.htm
- The Department of Environmental Quality will hold a public meeting on the TMDL for Broad, Linkhorn, and Lynnhaven Bays on May 4, 2006. This will be the second public meeting on the development of the implementation plan to begin to achieve the TMDL targets established for fecal coliform bacteria in these water bodies of Virginia Beach. Comments are due June 4, 2006. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=7243
- The Department of Environmental Quality will host a public meeting to receive public comments regarding the operation of the Virginia Coastal Zone Management Program from September 2003 to the present. The federal CZMA requires NOAA’s Office of Ocean and Coastal Resource Management to conduct periodic evaluations of the performance of states and territories with federally approved coastal management programs. The public meeting will be convened as part of this evaluation. Written comments are also encouraged and will be accepted from April 17, 2006, until May 31, 2006. The public hearing will be held May 15, 2006. See http://www.townhall.state.va.us/meeting/ViewMeeting.cfm?Meeting_ID=7246
- The Department of Environmental Protection announced that the Ohio River Valley Water Sanitation Commission will hold public hearings on proposed changes to the Commission's Pollution Control Standards on April 20, 26, and 27, and May 1, 2006. The purpose is to allow comments regarding interest or concern about the application. See http://www.wvdep.org/webapp/_dep/search/pio/pubinfocalendar.cfm
- The Department of Natural Resources will hold public hearings on the creation of s. NR 47.93, Wis. Adm. Code, relating to the forestry research and development grant program. The intent of the program is to provide grants to organizations experienced in the commercialization of energy technologies related to forestry biomass as energy and biochemical sources. The program will further the development of alternative renewable energy sources to benefit public health and the environment. The forestry research and development grant program will only provide state match grants required for federal grant programs for forestry biomass research and development. The hearings will be held April 24 and 26, 2006. See http://www.dnr.state.wi.us/org/caer/ce/news/hearmeet.html
Copyright© 2006, Environmental Law Institute, Washington, D.C. All rights reserved.
CHINA CONCERNED ABOUT INDUSTRY LOCATED NEAR WATERWAYS:
- Petrochemical and chemical facilities located near water threaten the environment, determined the State Environmental Protection Administration (SEPA). The problem is aggravated by SEPA's lack of control over project approval; while SEPA must approve very large projects, local governments hold planning approval rights. Local governments sometimes approve plans in order to pursue economic growth at the detriment to the environment, according to SEPA, which is advocating policy changes that will ensure environmental impact assessments are properly performed. See http://www.chinadaily.com.cn/china/2006-04/06/content_561166.htm
EU TO PURSUE LEGAL ACTION AGAINST UK FOR WATER POLLUTION:
- The European Commission will pursue legal action against the United Kingdom for its breach of European Union rules on the collection and treatment of waste water. The United Kingdom has reportedly discharged millions of cubic meters of untreated wastewater into rivers and the sea. See http://www.dtt-net.com/en/index.php?page=view-article&article=1312&CMSSESSID=13de7b8b4bddc4256407847695df66da
MAJOR PRIVATE JAPANESE COMPANIES DISCONTINUE WHALING SUPPORT:
- Five key private companies in Japan will transfer their shares in the country's largest whaling fleet to public interest corporations, which Greenpeace claims is the result of consumer pressure. The companies deny this assertion and the Japanese government will assume some of the shares to demonstrate its support of whaling. See http://news.bbc.co.uk/1/hi/world/asia-pacific/4874594.stm
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