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Weekly Update Volume 38, Issue 10

04/14/2008

LITIGATION

INTERSTATE COMPACTS, RIPARIAN JURISDICTION:

The U.S. Supreme Court held that Article VII of the 1905 Compact between New Jersey and Delaware provides that each state maintains its "riparian jurisdiction" over the Delaware River, a term not synonymous with "exclusive jurisdiction"; thus, Delaware has the authority to prevent the construction of a liquefied natural gas unloading terminal projected to extend beyond New Jersey's shore some 2,000 feet into Delaware territory. The riparian right to build wharfs for access to navigable waters is limited by a state's power to regulate for the protection of the public. When such a development project extends into another state's territory, there is overlapping authority to regulate riparian structures. And while Delaware may not impede ordinary and usual exercises of the right of riparian owners to wharf out from New Jersey's shore, it may, under its Coastal Zone Act, prevent the heavy industrial use at issue here. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C.J., and Kennedy, Souter, and Thomas, JJ., joined, and in which Stevens, J., joined as to paragraphs 1(c), 2, 3, and 4 of the opinion. Stevens, J. filed an opinion concurring in part and dissenting in part. Scalia, J., filed a dissenting opinion, in which Alito, J., joined. Breyer, J., took no part in the consideration or decision of the case.New Jersey v. Delaware, No. 134, 38 ELR 20080 (S. Ct. March 31, 2008).

NUCLEAR PLANTS, LICENSING:

The First Circuit denied Massachusetts' petition for review of an NRC order denying its request to participate directly in a re-licensing proceeding of two nuclear energy plants as a "party" before the agency issues its renewal decision. Massachusetts argued that it must be allowed to participate directly in the re-licensing proceedings as a party in order to get its safety-based contentions heard. In the alternative, the commonwealth argued that the NRC must ensure that it resolves a separate rulemaking petition, initiated by the Commonwealth and based on the same concerns about spent fuel storage, before the agency issues any renewal licenses. Massachusetts, however, sought the wrong path in seeking to raise safety issues as a party in the licensing proceedings. Instead, the commonwealth should participate in those proceedings as an "interested governmental entity." And because there has been no final agency action on either the rulemaking petition or the license renewal applications, Massachusetts' APA and NEPA claims are not ripe for review.Massachusetts v. United States, Nos. 07-1482, -1483, 38 ELR 20078 (1st Cir. Apr. 8, 2008).

ESA, NATIONAL FLOOD INSURANCE:

The Eleventh Circuit held that FEMA violated ESA §7 when it failed to consult with the FWS concerning its administration of the National Flood Insurance Program (NFIP) in the Florida Keys. FEMA has discretion to consider endangered and threatened species in its administration of the NFIP. Further, FEMA's administration of the NFIP was a cause of development that jeopardized listed species. While FEMA is not required to independently analyze FWS recommendations for reasonable alternatives to actions jeopardizing listed species, FEMA is required to execute its programs in a manner consistent with the conservation of endangered and threatened species. And FEMA's modified community rating program, which provides communities with credits and reduced insurance rates for adopting a habitat conservation plan, was insufficient to meet the obligations of ESA §7. The rating program had no effect, as FEMA cited no record evidence that even a single community had developed or adopted such a plan over the program's nine years.Florida Key Deer v. Paulison, No. 90-10037-CV-KMM, 38 ELR 20083 (11th Cir. Apr. 1, 2008).

NEPA, NFMA, BEST AVAILABLE SCIENCE:

The Tenth Circuit held that the U.S. Forest Service did not act in an arbitrary and capricious manner when it made a finding of no significant impact for timber harvesting and prescribed burning in Utah's Dixie National Forest. Although the application of magnesium chloride to forest roads for dust abatement is not categorically excluded as routine maintenance from environmental impact assessment under NEPA, the Forest Service adequately considered the effects of such action as part of its analysis of the project as a whole, citing a published study that concluded the potential for pollution was very low. Similarly, no individual assessment for prescribed burning or fire-line construction was necessary, as the Forest Service discussed the effects on soil and water quality as part of the project’s assessment. Finally, the Forest Service considered and complied with the best available science standard for old-growth-dependent goshawk species in the forest plan; even though it did not cite the standard, the EA recognized the conservation strategy and made changes to the forest management plan to address the declining goshawk population.Utah Environmental Congress v. Russell, No. 05-4286, 38 ELR 20061 (10th Cir. Mar. 11, 2008).

MIGRATORY BIRDS, RELIGIOUS FREEDOM RESTORATION ACT:

The Ninth Circuit upheld a lower court decision denying individuals' motion to dismiss their indictments for possessing feathers and talons of bald and golden eagles and other migratory birds without a permit in violation of the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. The individuals claimed that the prosecutions violated the Religion Freedom Restoration Act (RFRA). The individuals, however, are not members of federally recognized Native American tribes. Hence, they have no claim under the RFRA.United States v. Vasquez-Ramos, Nos. 06-50553, -50694, 38 ELR 20084 (9th Cir. Apr. 10, 2008).

CERCLA, APPORTIONMENT, ARRANGER LIABILITY:

In an amended opinion filed with a dissent, the Ninth Circuit court reversed a lower court decision holding an oil corporation and railroad companies liable under CERCLA for only a minor portion of the cleanup costs incurred at a former chemical storage and distribution facility in California. The district court erred in determining that the harm in this case could be apportioned on the record. CERCLA permits equitable considerations to be taken into account in a contribution action amongst PRPs, but CERCLA's strict liability scheme does not permit equitable considerations to have any bearing in an action to determine whether defendants have presented sufficient evidence to apportion liability. Here, there is no reasonable basis for apportioning the damages attributable to the railroads’ activities given the paucity of evidence and the district court's erroneous approach in determining apportionment. Evidence on the record in regard to the oil corporation is also insufficient to support apportionment. The district court, however, followed the proper analysis in finding that the oil corporation is liable as an arranger. It arranged for the sale and transfer of chemicals under circumstances in which a known, inherent part of that transfer was the leakage of those chemicals. The court, therefore, reversed the district court’s finding on apportionment but affirmed the district court’s findings regarding both the railroads’ and the oil corporation’s liability. On remand, the parties should be held jointly and severally liable for the harm at the site.United States v. Burlington Northern & Santa Fe Railway Co., Nos. 03-17125 et al., 38 ELR 20079 (9th Cir. Mar. 25, 2008).

CWA, NAVIGABLE WATERS:

A district court held that an industry trade association and oil company had standing to challenge an EPA rule defining the term "navigable waters" as it applies to the oil spill provision of the Clean Water Act and vacated the rule as arbitrary and capricious. Plaintiffs presented all of the constitutional elements required to show standing and that they may suffer injury in fact. Further, plaintiffs' claims are ripe for review. As for the merits, EPA failed to provide a sufficient explanation for its decision to promulgate such a broad definition of "navigable waters." EPA's discussion of the definition of "navigable waters" fails to adequately address the U.S. Supreme Court’s discussion of this term inSolid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers(SWANCC), 531 U.S. 159,31 ELR 20382(2001), and, therefore, cannot be regarded as the product of reasoned decisionmaking. EPA's definition claims jurisdiction that is co-extensive with U.S. Congress’ commerce power, whereas theSWANCCdecision makes clear that such jurisdiction is not co-extensive with the commerce power, thereby confirming that EPA failed to take Supreme Court precedent into account and that the rule is arbitrary and capricious.American Petroleum Institute v. Johnson, Nos. 02-2247, -2254, 38 ELR 20081 (D.D.C. Mar. 31, 2008) (Friedman, J.).

CERCLA, RCRA, JURISDICTION:

A district court dismissed, without prejudice, a ranch owner's claims that mining companies are liable under RCRA and the CWA for releasing and discharging solid and hazardous wastes into Willow Creek, a tributary of the Rio Grande. RCRA §113(h) bars the owner's claims. EPA is in the midst of an ongoing CERCLA response action in the Willow Creek watershed. Simply because the mine sites are not included on the NPL does not mean that EPA is not taking a response action. In addition, the ranch owner's complaint is a challenge to the EPA cleanup within the meaning of §113(h) because if the requested relief were granted, it would dictate specific remedial actions and alter the method and order for the EPA’s cleanup plan for Willow Creek. Granting civil penalties would also interfere with the ongoing cleanup action in the Willow Creek watershed.Wason Ranch Corp. v. Hecla Mining Co., No. 07–cv–00267–EWN–MEH, 38 ELR 20082 (D. Colo. Mar. 31, 2008) (Nottingham, J.).

RCRA, COAL MINING WASTE:

A district court dismissed environmental groups' claim that EPA has never undertaken the study of coal mining wastes requested by Congress and, accordingly, has failed to determine whether such wastes should be regulated as "hazardous" under Subtitle C of RCRA. If the complaint is regarded as a challenge to final agency action, it must be dismissed for failure to state a claim. EPA issued its final regulatory determination excluding mining wastes from Subtitle C regulation in 1986. Although the determination itself was silent on the issue of coal wastes, it was a direct byproduct of the Hard Rock Mining Report--and its accompanying public comment period--that explicitly excluded coal wastes from study. RCRA requires that any petition for review of a decision by the Administrator concerning regulations must be filed within 90 days of publication. Here, the groups are over 20 years late. In the alternative, if the complaint is more properly regarded as an action to compel agency action unreasonably withheld, the complaint must be dismissed for lack of jurisdiction. The six-year limitations period expired well before the groups instituted the present action, and the continuing violations doctrine does not toll the limitations period under the facts of this case.West Virginia Highlands Conservancy v. Johnson, No. 07-0667, 38 ELR 20085 (D.D.C. Mar. 21, 2008) (Bates, J.).

Copyright© 2008, Environmental Law Institute, Washington, D.C. All rights reserved.

THE FEDERAL AGENCIES

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

AIR:

  • EPA promulgated amendments to NESHAPs for hazardous waste combustors.73 FR 18970(4/8/08).
  • EPA amended national perchloroethylene air emission standards for dry cleaning facilities.73 FR 17252(4/1/08).
  • EPA designated 13 early action compact areas as attainment for the eight-hour ozone NAAQS.73 FR 17897(4/2/08).
  • EPA revised guidelines for the control of large municipal waste combustor emissions in Maryland.73 FR 18968(4/8/08).
  • EPA updated the current delegation status of new source performance standards and NESHAPs in Arizona and Nevada.73 FR 18162(4/3/08).
  • EPA amended certain regulations to reflect the current delegation status of NESHAPs in Nevada.73 FR 18169(4/3/08).
  • EPA proposed amendments to NESHAPs for semiconductor manufacturing.73 FR 17940(4/2/08).
  • EPA proposed to amend national perchloroethylene air emission standards for dry cleaning facilities; see above for direct final rule.73 FR 17292(4/1/08).
  • EPA proposed NESHAPs for nine metal fabrication and finishing area source categories.73 FR 18334(4/3/08).
  • EPA proposed to revise guidelines for the control of large municipal waste combustor emissions in Maryland.73 FR 19035(4/8/08).
  • EPA proposed amendments to certain regulations to reflect the current delegation status of NESHAPs in Nevada; see above for direct final rule.73 FR 18229(4/3/08).
  • EPA entered into a proposed settlement agreement under the CAA requiring the agency to sign a notice of proposed rulemaking or direct final rulemaking concerning steam-generating units.73 FR 19838(4/11/08).
  • SIP Approvals:California (nitrogen oxide (NOx) and carbon monoxide emissions from boilers, steam generators, and process heaters at petroleum refineries)73 FR 17896(4/2/08). Missouri (initial fueling requirements of motor vehicles at automobile assembly plants)73 FR 17893(4/2/08); (NOxcap-and-trade rules for electric generating units (EGUs) and non-electric generating units (non-EGUs))73 FR 17890(4/2/08). Nevada (revisions to statutory and regulatory provisions)73 FR 19144(4/9/08). North Carolina (one-hour ozone maintenance plan for the Raleigh/Durham and Greensboro/Winston-Salem/High Point areas)73 FR 18963(4/8/08).
  • SIP Proposals:Florida (revisions to PSD regulations)73 FR 18466(4/4/08). Missouri (initial fueling requirements of motor vehicles at automobile assembly plants; see above for direct final rule)73 FR 17939(4/2/08); (NOx cap-and-trade rules for EGUs and non-EGUs; see above for direct final rule)73 FR 17939(4/2/08). North Carolina (one-hour ozone maintenance plan for the Raleigh/Durham and Greensboro/Winston-Salem/High Point areas; see above for direct final rule)73 FR 19034(4/8/08). Wyoming (revisions to PSD regulations)73 FR 17289(4/1/08).

ENERGY:

  • The FTC proposed labeling rules for metal halide lamp fixtures and ballasts.73 FR 17263(4/1/08).

HAZARDOUS & SOLID WASTE:

  • EPA gave final authorization to Virginia's hazardous waste management program.73 FR 18172(4/3/08).
  • EPA gave final authorization to Alabama's hazardous waste management program.73 FR 17924(4/2/08).
  • EPA proposed giving final authorization to Virginia's hazardous waste management program; see above for direct final rule.73 FR 18229(4/3/08).
  • EPA proposed giving final authorization to Alabama's hazardous waste management program; see above for direct final rule.73 FR 17944(4/2/08).
  • EPA entered into a proposed administrative settlement under CERCLA requiring the 119 settling parties to pay a total of $2,204,080.23 for U.S. response costs concerning the R&H Oil/Tropicana Superfund site in San Antonio, Texas.73 FR 17976(4/2/08).
  • DOT proposed revisions to federal hazardous materials regulations to improve the crashworthiness protection of railroad tank cars designed to transport poison inhalation hazard materials.73 FR 17818(4/1/08).

PESTICIDES:

  • EPA announced availability of revised risk assessments for the pesticide acrolein.73 FR 17970(4/2/08).
  • EPA announced availability of risk assessments and related documents for the pesticides tributyltin oxide, tributyltin benzoate, and tributyltin maleate.73 FR 17977(4/2/08).

PUBLIC LAND:

  • The National Park Service clarified the definition of "substantial restoration of natural quiet" at Grand Canyon National Park, Arizona.73 FR 19246(4/9/08).
  • FWS and the U.S. Forest Service announced adjustments to hunting seasons for caribou and female deer on public lands in Alaska.73 FR 18710(4/7/08).

SURFACE MINING:

  • OSM proposed removal of a required amendment to Pennsylvania's regulatory program that pertains to exemptions for coal extraction incidental to that of other minerals.73 FR 17268(4/1/08).

WATER:

  • EPA and the U.S. Army Corps of Engineers issued regulations governing compensatory mitigation for activities permitted by the Corps.73 FR 19594(4/10/08).
  • EPA proposed amending and consolidating national primary drinking water regulations for aircraft public water systems.73 FR 19320(4/9/08).
  • EPA announced final agency action on 56 TMDLs prepared by Region 6 for waters listed in Louisiana's Red, Sabine, and Terrebonne basins.73 FR 17975(4/2/08).
  • EPA announced approval of the primacy application for national primary drinking water regulations for the state of Iowa.73 FR 17345(4/1/08).

WILDLIFE:

  • FWS designated approximately 1,305 acres as critical habitat for Pecos sunflower in Chaves, Cibola, and Guadalupe counties, New Mexico, and in Pecos County, Texas.73 FR 17762(4/1/08).
  • NOAA-Fisheries designated critical habitat for the North Pacific right whale.73 FR 19000(4/8/08).
  • NOAA-Fisheries clarified existing sea turtle conservation requirements for sea scallop dredge vessels.73 FR 18984(4/8/08).
  • NOAA-FWS announced cancellation of the federal moratorium on fishing for tautog in the waters of New Jersey.73 FR 18260(4/3/08).
  • NOAA-Fisheries announced its 12-month finding on a petition to list Lynn Canal Pacific herring as a threatened or endangered species under the ESA; the agency found that listing is not warranted but initiated a status review.73 FR 19824(4/11/08).
  • NOAA-Fisheries announced its intent to evaluate the performance of the Wells National Estuarine Research Reserve in Maine, the Narragansett Bay National Estuarine Research Reserve in Rhode Island, and the coastal management program in Wisconsin.73 FR 17325(4/1/08).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Industrial Excess Landfill, Inc., No. 5:89-CV-1988 (N.D. Ohio Apr. 7, 2008). Under a CERCLA settlement, the Kittinger defendants must pay $954 to the United States and $46 to the state of Ohio for response costs incurred at the Industrial Excess Landfill Superfund site in Uniontown, Ohio; the Budoff defendants must pay $210,000 to the United States and the state of Ohio for response costs at the site, must turn over proceeds from sale of the site and other parcels, and must agree to restrictive environmental covenants.73 FR 19893(4/11/08).
  • United States v. T.L. Diamond & Co., Inc., No. 08-3079 (C.D. Ill. Mar. 31, 2008). Settling CERCLA and RCRA defendants must pay $750,000 for U.S. response costs incurred at the Eagle Zinc Superfund site in Hillsboro, Illinois, must provide access to the site, and must agree to a restrictive environmental covenant.73 FR 19893(4/11/08).
  • United States v. MasTec, Inc., No. 06-6071-HO (D. Or. Apr. 4, 2008). Settling CWA defendants must restore impacted areas in Coos County, Oregon, must pay a civil penalty, and must perform supplemental environmental projects.73 FR 19528(4/10/08).
  • United States v. Freeway Land Co., No. 07-1819-JO (D. Or. Mar. 27, 2008). A settling CWA defendant must pay a civil penalty and must either create a wetland with a special permit or restore the impacted area if the permit is denied.73 FR 19249(4/9/08).
  • In re Marcal Paper Mills, Inc., No. 06-21886(MS) (Bankr. D.N.J. Mar. 31, 2008). Settling CERCLA defendants must undertake steps to remediate environmental contamination at their facility in Elmwood Park, New Jersey, and must pay $1,500,000 to resolve potential liability matters.73 FR 18562(4/4/08).
  • United States v. Atlanta Gas Light Co., No. 6:08-cv-00442-ACC-GJK (M.D. Fla. Mar. 28, 2008). Settling CERCLA defendants must undertake remedial action selected by EPA and must reimburse past U.S. costs and future oversight costs plus interest, estimated at $12,703,224.58, relating to the release or threatened release of hazardous substances at or from the Sanford Gasification Plant Superfund alternative site in Sanford, Florida.73 FR 18301(4/3/08).
  • United States v. General Metals of Tacoma, Inc., No. 3:08-cv-5183-RJB (W.D. Wash. Mar. 26, 2008). A settling CERCLA defendant must fund a habitat restoration project in Pierce County, Washington, must pay up to $50,000 for project oversight costs, and must reimburse $479,559.38 in damage assessment costs for releases of hazardous substances into Commencement Bay, Washington.73 FR 18000(4/2/08).

Copyright© 2008, Environmental Law Institute, Washington, D.C. All rights reserved.

THE CONGRESS

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

Committee Action

  • S. 357 (fuel and greenhouse gas emissions)was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 110-278, 154 Cong. Rec. S2636 (daily ed. Apr. 7, 2008). The bill would improve passenger automobile fuel economy and safety, reduce greenhouse gas emissions, and reduce dependence on foreign oil.
  • S. 579 (research centers)was reported by the Committee on Health, Education, Labor, and Pensions. 154 Cong. Rec. S2435 (daily ed. Apr. 3, 2008). The bill would amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer.
  • H.R. 1187 (marine sanctuary boundaries)was reported by the Committee on Natural Resources. H. Rep. No.110-557, 154 Cong. Rec. H1820-1 (daily ed. Mar. 31, 2008). The bill would expand the boundaries of the Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary.
  • H.R. 2016 (National Landscape Conservation System)was reported by the Committee on Natural Resources. H. Rep. No. 110-561, 154 Cong. Rec. H1888 (daily ed. Apr. 1, 2008). The bill would establish the National Landscape Conservation System.
  • H.R. 2176 (land claims)was reported by the Committee on the Judiciary. H. Rep. No. 110-541 Pt. 2, 154 Cong. Rec. H2015 (daily ed. Apr. 4, 2008). The bill would provide for and approve the settlement of certain land claims of the Bay Mills Indian Community.
  • H.R. 2342 (National Integrated Coastal and Ocean Observation System)was reported by the Committee on Natural Resources. H. Rep. No. 110-558, Pt. 1, 154 Cong. Rec. H1820 (daily ed. Mar. 31, 2008). The bill would direct the president to establish a National Integrated Coastal and Ocean Observation System.
  • H.R. 2515 (Lower Colorado River Multi-Species Conservation Program) was reported by the Committee on Natural Resources. H. Rep. No. 110-555, 154 Cong. Rec. H1820 (daily ed. Mar. 31, 2008). The bill would authorize appropriations for the Bureau of Reclamation to carry out the Lower Colorado River Multi-Species Conservation Program in Arizona, California, and Nevada.
  • H.R. 2675 (land conveyance)was reported by the Committee on Natural Resources. H. Rep. No.110-553, 154 Cong. Rec. H1820 (daily ed. Mar. 31, 2008). The bill would provide for the conveyance of approximately 140 acres of land in the Ouachita National Forest in Oklahoma to the Indian Nations Council, Inc., of the Boy Scouts of America.
  • H.R. 3352 (Hydrographic Services Improvement Act)was reported by the Committee on Natural Resources. H. Rep. No. 110-556, 154 Cong. Rec. H1820 (daily ed. Mar. 31, 2008). The bill would reauthorize and amend the Hydrographic Services Improvement Act.
  • H.R. 3651 (land conveyance)was reported by the Committee on Natural Resources. H. Rep. No. 110-554, 154 Cong. Rec. H1820 (daily ed. Mar. 31, 2008). The bill would require the conveyance of certain public land within the boundaries of Camp Williams, Utah, to support the training and readiness of the Utah National Guard.
  • H.R. 3891 (National Fish and Wildlife Foundation Establishment Act)was reported by the Committee on Natural Resources. H. Rep. No. 110-552, 154 Cong. Rec. H1820 (daily ed. Mar. 31, 2008). The bill would amend the National Fish and Wildlife Foundation Establishment Act to increase the number of Directors on the Board of Directors of the National Fish and Wildlife Foundation.
  • H.R. 4115 (land claims)was reported by the Committee on the Judiciary. H. Rep. No. 110-542 Pt. 2, 154 Cong. Rec. H2015 (daily ed. Apr. 4, 2008). The bill would provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians.
  • H.R. 4933 (captive wildlife)was reported by the Committee on Natural Resources. H. Rep. No. 110-551, 154 Cong. Rec. H1820 (daily ed. Mar. 31, 2008). The bill would amend the Lacey Act Amendments of 1981 to protect captive wildlife and to make technical corrections.
  • H. Res. 1083 (FWPCA)was reported by the Committee on Rules. H. Rep. No. 110-572, 154 Cong. Rec. H2068 (daily ed. Apr. 8, 2008). The resolution would provide for consideration of the bill (H.R. 2537) to amend the FWPCA relating to beach monitoring.
  • H. Res. 1084 (National Landscape Conservation System)as reported by the Committee on Rules. H. Rep. No. 110-573, 154 Cong. Rec. H2068 (daily ed. Apr. 8, 2008). The resolution would provide for consideration of the bill (H.R. 2016) to establish the National Landscape Conservation System.

Bills Introduced

  • S. 2803 (Nelson, D-Fla.) (fishery industry)would amend the Act entitled "An Act authorizing associations of producers of aquatic products" to include persons engaged in the fishery industry as charter boats or recreational fishermen. 154 Cong. Rec. S2346 (daily ed. Apr. 2, 2008). The bill was referred to the Committee on Commerce, Science, and Transportation.
  • S. 2804 (Nelson, D-Fla.) (Everglades National Park)would adjust the boundary of the Everglades National Park. 154 Cong. Rec. S2346 (daily ed. Apr. 2, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2805 (Bingaman, D-N.M.) (irrigation infrastructure) would direct the Secretary of the Interior, acting through the Commissioner of Reclamation, to assess the irrigation infrastructure of the Rio Grande Pueblos in the state of New Mexico and to provide grants to, and enter into cooperative agreements with, the Rio Grande Pueblos to repair, rehabilitate, or reconstruct existing infrastructure. 154 Cong. Rec. S2346 (daily ed. Apr. 2, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2806 (Feinstein, D-Cal.) (greenhouse gas emission regulation) would require the EPA Administrator to reconsider his decision to deny the request of the state of California to regulate greenhouse gas emissions from new motor vehicles, and to complete further proceedings in accordance with the decision of the U.S. Supreme Court inMassachusetts v. Environmental Protection Agency,37 ELR 20075(2007). 154 Cong. Rec. S2346 (daily ed. Apr. 2, 2008). The bill was referred to the Committee on Environment and Public Works.
  • S. 2808 (Coburn, R-Okla.) (National Heritage Area)would require that citizens within a National Heritage Area are informed of the designation and that government officials must receive permission to enter private property. 154 Cong. Rec. S2346 (daily ed. Apr. 2, 2008). The bill was read for the first time.
  • S. 2809 (Coburn, R-Okla.) (National Heritage Area)would ensure that there are no adverse effects of a National Heritage Area designation to local communities and homeowners. 154 Cong. Rec. S2346 (daily ed. Apr. 2, 2008). The bill was read for the first time.
  • S. 2810 (Coburn, R-Okla.) (government land ownership) would require an annual report detailing the amount of property the federal government owns and the cost of government land ownership to taxpayers. 154 Cong. Rec. S2346 (daily ed. Apr. 2, 2008). The bill was read for the first time.
  • S. 2811 (Coburn, R-Okla.) (federal land grabs)would require citizens' approval of federal government land grabs. 154 Cong. Rec. S2346 (daily ed. Apr. 2, 2008). The bill was read for the first time.
  • S. 2814 (Bingaman, D-N.M.) (Eastern New Mexico Rural Water System)would authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System. 154 Cong. Rec. S2435 (daily ed. Apr. 3, 2008). The bill was to the Committee on Energy and Natural Resources.
  • S. 2817 (Salazar, D-Colo.) (National Park Centennial Fund)would establish the National Park Centennial Fund. 154 Cong. Rec. S2435 (daily ed. Apr. 3, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2821 (Cantwell, D-Wash.) (clean energy production incentives)would amend the Internal Revenue Code of 1986 to provide for the limited continuation of clean energy production incentives and incentives to improve energy efficiency in order to prevent a downturn in these sectors that would result from a lapse in the tax law. 154 Cong. Rec. S2435 (daily ed. Apr. 3, 2008). The bill was referred to the Committee on Finance.
  • S. 2822 (Wyden, D-Or.) (natural gas)would amend the Energy Policy Act of 2005 to repeal a section of that Act relating to the exportation or importation of natural gas. 154 Cong. Rec. S2612 (daily ed. Apr. 4, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2827 (Inhofe, R-Okla.) (alternative fuels)would repeal a requirement with respect to the procurement and acquisition of alternative fuels. 154 Cong. Rec. S2636 (daily ed. Apr. 7, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2828 (Baucus, D-Mont.) (Glacier National Park) would require the Secretary of the Treasury to mint and issue coins commemorating the 100th anniversary of the establishment of Glacier National Park. 154 Cong. Rec. S2743 (daily ed. Apr. 8, 2008). The bill was referred to the Committee on Banking, Housing, and Urban Affairs.
  • S. 2832 (Cornyn, R-Tex.) (Lower Rio Grande Valley Flood Control Project)would authorize the International Boundary and Water Commission to reimburse state and local governments for expenses incurred by such governments in designing, constructing, and rehabilitating the Lower Rio Grande Valley Flood Control Project. 154 Cong. Rec. S2817 (daily ed. Apr. 9, 2008). The bill was referred to the Committee on Foreign Relations.
  • S. 2833 (Crapo, R-Idaho) (land management)would provide for the management of certain public land in Owyhee County, Idaho. 154 Cong. Rec. S2817 (daily ed. Apr. 9, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • S. 2834 (Bennett-R-Utah) (wilderness and conservation)would establish wilderness areas, promote conservation, and improve public land in Washington County, Utah. 154 Cong. Rec. S2817 (daily ed. Apr. 9, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • H.R. 5656 (Hensarling, R-Tex.) (alternative fuels)would repeal a requirement with respect to the procurement and acquisition of alternative fuels. 154 Cong. Rec. H1821 (daily ed. Mar. 31, 2008). The bill was referred to the Committee on Oversight and Government Reform.
  • H.R. 5659 (English, R-Pa.) (recycling tax credit)would amend the Internal Revenue Code of 1986 to allow a credit against income tax for recycling or remanufacturing equipment. 154 Cong. Rec. H1821 (daily ed. Mar. 31, 2008). The bill was referred to the Committee on Ways and Means.
  • H.R. 5661 (Pearce, R-N.M.) (SMCRA) would amend SMCRA to clarify that uncertified states and Native American tribes have the authority to use certain payments for certain noncoal reclamation projects. 154 Cong. Rec. H1821 (daily ed. Mar. 31, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5668 (McCotter, R-Mich.) (environmental degradation)would prohibit federal government officials and employees from attending the opening ceremonies of the 2008 Summer Olympic Games held in China due to human rights concerns and for "wanton environmental degradation." 154 Cong. Rec. H1888 (daily ed. Apr. 1, 2008). The bill was referred to the Committee on Foreign Affairs.
  • H.R. 5671 (Herger, R-Cal.) (special use permit fees)would authorize the Secretary of Agriculture to retain and utilize special use permit fees collected by the Secretary in connection with the operation of marinas in the Whiskeytown-Shasta-Trinity National Recreation Area and the operation of the Multnomah Falls Lodge in the Columbia River Gorge National Scenic Area. 154 Cong. Rec. H1888 (daily ed. Apr. 1, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5705 (McDermott, D-Wash.) (bilateral renewable energy cooperation)would establish a commission to study methods for improving and promoting bilateral renewable energy cooperation between the United States and India. 154 Cong. Rec. H2011 (daily ed. Apr. 3, 2008). The bill was referred to the Committee on Foreign Affairs.
  • H.R. 5708 (Ros-Lehtinen, R-Fla.) (Everglades National Park) would adjust the boundary of the Everglades National Park. 154 Cong. Rec. H2011 (daily ed. Apr. 3, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5710 (Udall, D-N.M.) (Eastern New Mexico Rural Water Authority)would authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System. 154 Cong. Rec. H2011 (daily ed. Apr. 3, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5713 (Shadegg, R-Ariz.) (fuels credits) would amend the Internal Revenue Code of 1986 to clarify the eligibility for certain fuel credits for fuel with insufficient nexus to the United States. 154 Cong. Rec. H2016 (daily ed. Apr. 4, 2008). The bill was referred to the Committee on Ways and Means.
  • H.R. 5733 (Rehberg, R-Mont.) (Glacier National Park)would require the Secretary of the Treasury to mint and issue coins commemorating the 100th anniversary of the establishment of Glacier National Park. 154 Cong. Rec. H2069 (daily ed. Apr. 8, 2008) The bill was referred to the Committee on Financial Services.
  • H.R. 5741 (Bordallo, D-Guam) (shark conservation)would amend the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act to improve the conservation of sharks. 154 Cong. Rec. H2150 (daily ed. Apr. 9, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5751 (Pastor, D-Ariz.) (land study)would direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study of certain land adjacent to the Walnut Canyon National Monument in the state of Arizona. 154 Cong. Rec. H2150 (daily ed. Apr. 9, 2008). The bill was referred to the Committee on Natural Resources.
  • H. Con. Res. 325 (Stupak, D-Mich.) (Mackinac Island State Park)would celebrate the 50th Anniversary of the Mackinac Island State Park Commission's Historical Preservation and Museum Program, which began on June 15, 1958. 154 Cong. Rec. H2150 (daily ed. Apr. 9, 2008). The bill was referred to the Committee on Natural Resources.

Copyright© 2008, Environmental Law Institute, Washington, D.C. All rights reserved.

IN THE STATES

Note: The entries below cover state developments since the last issue of Update. The entries are arranged by state, and within each section, entries are further subdivided by subject matter area. For a cumulative listing of materials reported in 2008, visit our list ofCumulative State Developments Arranged by State, or our list ofCumulative State Developments Arranged by Subject Matter. For state material reported prior to 2008, visit theELR Archives.

The states below have updates this week:

Alabama Florida Maine Nevada Oregon Utah
Alaska Georgia Maryland New Jersey Pennsylvania Washington
Arizona Hawaii Massachusetts New Mexico South Carolina Virginia
Arkansas Idaho Michigan New York South Dakota Wisconsin
California Indiana Minnesota North Carolina Texas Wyoming
Colorado          

ALABAMA

Toxic Substances:

ALASKA

Fisheries:

  • The commissioner of the Department of Fish and Game adopted under a delegation of authority from the Board of Fisheries, under AS 16.05.270, as emergency regulations, changes in Title 5 of the Alaska Administrative Code dealing with the prohibition of the use of certain commercial fishing gear during state managed fisheries in certain essential fish habitat areas, including adopting by reference the current federal regulations that were amended on March 20, 2008. Comments on these regulations are due May 30, 2008. Seehttp://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/230d9882ff65f6858925741a006dc230?OpenDocument

Land Use:

  • The Department of Natural Resources (DNR) is soliciting public comment on proposed regulation changes in Title 11 of the Alaska Administrative Code dealing with the Alaska Surface Coal Mining Program. DNR proposes to amend existing sections and to adopt new sections in Title 11, Chapter 90. The proposed changes are necessary to make the department's coal mining regulations consistent with the federal SMCRA regulations, clarify and improve the Alaska Surface Coal Mining Program standards, update references, and make changes to the regulations to make them internally consistent, including adding definitions. Comments are due May 23, 2008. Seehttp://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/7a6f879085ed5c2d892574190072af90?OpenDocument

ARIZONA

Air:

  • The Department of Environmental Quality gives notice of a rulemaking docket opening concerning amendments to its rules that require reductions in mercury emissions from coal-fired power plants (A.A.C. R18-2-733, R18-2-733.01 and R18-2-734) to take into account the decision of the D.C. Circuit Court of Appeals inNew Jersey v. EPA, No. 05-1097 (D.C. Cir. Feb. 8, 2008) in which it vacated EPA's Clean Air Mercury Rule. The amendments would adopt state-enforceable program requirements, including monitoring, recordkeeping, and reporting. Seehttp://www.azsos.gov/public_services/Register/2008/14/docket.pdf(p. 1102)

Hazardous & Solid Wastes:

  • The Department of Environmental Quality gives notice of a rulemaking docket opening concerning amendments to the regulations governing the management, treatment, storage, and disposal of special waste. The Department proposes to combine Title 18, Chapter 13, Article 13 (Special Waste) with Chapter 13, Article 16 (Best Management Practices for Petroleum Contaminated Soil) into one rule as Title 18, Chapter 13, Article 13 (Special Waste). The proposed revisions would rectify contradictions between the two original sets of rules and existing rules and statute and create a uniform and consistent regulatory structure for all special waste. Proposed revisions would also provide direction on waste handling procedures previously not addressed. Seehttp://www.azdeq.gov/function/laws/draft.html

Land Use:

  • The Department of Environmental Quality gives notice of the opening of a rulemaking docket concerning amendments that would add a new Article 7 on Engineering Controls. These proposed rules would provide details on how to implement the provisions of A.R.S. § 49-152.01, which specify requirements for an engineering control plan and for financial assurance mechanisms that are intended to cover the costs of maintaining and restoring an engineering control. Seehttp://www.azsos.gov/public_services/Register/2008/13/docket.pdf(p. 897)

Water:

  • The Department of Environmental Quality held public hearings to consider a rulemaking to incorporate EPA's safe drinking water regulations by reference. The rulemaking would update Arizona's safe drinking water rules by incorporating the rule amendments that EPA has adopted since the department last updated its safe drinking water rules and facilitate future updates to the department's safe drinking water rules. The hearings were held April 1 and 3, 2008. Seehttp://www.azdeq.gov/function/laws/draft.html
  • The Department of Environmental Quality proposed the adoption of amended and new regulations to Surface Water Quality Standards to comply with §303(c) of the CWA, which requires all states to, where appropriate, adopt and revise water quality standards at least once every three years. The rulemaking amends, repeals, and establishes new sections in Article 1, such as definitions; the applicability of the water quality standards; designated uses; antidegradation implementation procedures; narrative water quality standards; new effluent dependent waters; numeric water quality criteria for total ammonia; site-specific standards; numeric water quality standards; and surface waters and designated uses. Seehttp://www.azsos.gov/public_services/Register/2008/14/proposed.pdf(pp. 959-1096)

ARKANSAS

Water:

  • The Pollution Control and Ecology Commission (PC&EC) will hold public hearings to receive comments on a third-party proposal by Central Arkansas Water (CAW) to change PC&EC Regulation No. 6, which deals with the NPDES in Arkansas. CAW proposes to change Regulation 6 by adding language that would prohibit all surface discharges of wastewater, except storm water discharges permitted under the NPDES program, into the Lake Maumelle Basin. Lake Maumelle serves as the public drinking water supply source for the water distribution system operated by CAW, which serves 17 cities and communities in the central Arkansas area. The hearings will be held May 27 and June 2, 2008. Seehttp://www.adeq.state.ar.us/ftproot/pub/pa/Regulation_Notices/2008-04-03_Notice_of_Proposed_Third-Party_Rulemaking,_Public_Hearings.doc

CALIFORNIA

Toxic Substances:

  • The Office of Environmental Health Hazard Assessment is soliciting public comment on the proposal to establish a specific regulatory level posing no significant risk for C.I. Direct Blue 218 and to amend Title 22, California Code of Regulations, Section 12705(b). Comments are due May 12, 2008. Seehttp://www.oal.ca.gov/pdfs/notice/13z-2008.pdf(pp. 466-468)
  • The Office of Environmental Health Hazard Assessment is soliciting public comment on the proposal to establish a specific regulatory level posing no significant risk for ethylbenzene and to amend Title 22, California Code of Regulations, Section 12705(b). Comments are due May 12, 2008. Seehttp://www.oal.ca.gov/pdfs/notice/13z-2008.pdf(pp. 468-471)

COLORADO

Air:

FLORIDA

Water:

  • The Department of Environmental Protection is proposing changes to 62-304.330, Pensacola Bay TMDLs. The purpose of the rule is to adopt fecal coliform TMDLs, and their allocations, for Bayou Chico, Jones Creek, Jackson Creek, Bayou Chico Beach, and Sanders Beach. If requested, a hearing will be held April 24, 2008. Comments are due April 18, 2008. Seehttps://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2008/3413/SECTII.pdf(pp. 1775-1776)
  • The Department of Environmental Protection is proposing changes to 62-304.335, Perdido Bay TMDLs. The purpose of this rule is to adopt fecal coliform TMDLs, and their allocations, for Elevenmile Creek and Tenmile Creek. If requested, a hearing will be held April 24, 2008. Comments are due April 18, 2008. Seehttps://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2008/3413/SECTII.pdf(pp. 1776-1778)
  • The Department of Environmental Protection is proposing changes to 62-304.435, Upper East Coast Basin TMDLs Spruce Creek. The purpose of the rule is to adopt TMDLs, and their allocations, for fecal coliforms, biochemical oxygen demand, and phosphorus for Spruce Creek. If requested, a hearing will be held April 24, 2008. Comments are due April 18, 2008. Seehttps://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2008/3413/SECTII.pdf(pp. 1778-1779)
  • The Department of Environmental Protection is proposing changes to 62-304.520, Indian River Lagoon TMDLs. The purpose of the rule is to adopt TMDLs, and their allocations, for fecal coliforms for Crane Creek and the Eau Gallie River. If requested, a hearing will be held April 24, 2008. Comments are due April 18, 2008. Seehttps://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2008/3413/SECTII.pdf(pp. 1779-1780)
  • The Department of Environmental Protection is proposing changes to 62-304.645, Springs Coast Basin TMDLs. The purpose of the proposed rule is to establish TMDLs, and their allocations, for the Klosterman Bayou Run tidal segment and the Saint Joes Creek freshwater segment. If requested, a hearing will be held April 24, 2008. Comments are due April 18, 2008. Seehttps://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2008/3413/SECTII.pdf(pp. 1780-1781).
  • The Department of Environmental Protection is proposing changes to 62-304.725, Southeast Coast Basin TMDLs. The purpose of the rule is to adopt nutrient TMDLs, and their allocations, for the Pompano Canal. If requested, a hearing will be held April 24, 2008. Comments are due April 18, 2008. Seehttps://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2008/3413/SECTII.pdf(pp. 1781-1782)

GEORGIA

Toxic Substances:

  • The Environmental Protection Division of the Georgia Department of Natural Resources will hold public hearings on proposed amendments to Georgia's Rules for Radioactive Materials, including 391-3-17- .01, 391-3-17-.02, 391-3-17-.03, 391-3-17-.05, and 391-3-17-.06. The hearings will be held April 21 and May 5, 2008. Comments are due May 23, 2008. Seehttp://www.gaepd.org/environet/17/notice.pdf

HAWAII

Land:

  • The Department of Land and Natural Resources (DLNR) will hold a public hearing to receive public testimony on a proposed addition to the state Natural Area Reserve System. DLNR is proposing to create the Poamoho Natural Area Reserve within state-owned land that is currently part of the uppermost portion of the ‘Ewa Forest Reserve. It is located above the 1,800 foot elevation between the Poamoho and Schofield-Waikane trails and bounded by the summit of the Ko‘olau Mountains. The hearing will be held April 30, 2008. Seehttp://hawaii.gov/dlnr/chair/pio/nr/2008/N8-039.pdf

IDAHO

Air:

  • The Department of Environmental Quality will conduct a public hearing on a temporary rule and proposed rulemaking. The purpose of this rulemaking is to implement the provisions of HB 557, wherein the 2008 Idaho Legislature approved a program for the open burning of crop residue to be administered by the Idaho Department of Environmental Quality and repealed the Smoke Management and Crop Residue Disposal Act previously administered by the Idaho State Department of Agriculture. Field burning has been prohibited in Idaho since January 2007 as a result of a 9th Circuit Court of Appeals ruling. The hearing will be held May 2, 2008. Seehttp://adm.idaho.gov/adminrules/bulletin/bul/08apr.pdf(pp. 28-34)
  • The Department of Environmental Quality (DEQ) will conduct a public hearing on a proposed SIP revision that it intends to submit to EPA. The revision includes the enactment of Idaho Code §39-114 of the Environmental Protection and Health Act pursuant to HB 557. This statute requires DEQ to develop rules that establish a program for the open burning of crop residue. Rule Docket No. 58-0101-0801 contains the rule changes developed as a result of the legislation. The revision also includes an air quality analysis pursuant to §110(l) of CAA. The hearing will be held May 2, 2008. Seehttp://adm.idaho.gov/adminrules/bulletin/bul/08apr.pdf(p. 26)

Toxic Substances:

  • The Department of Environmental Quality (DEQ) will hold a public meeting as part of a negotiated rulemaking to amend 58.01.24, Standards and Procedures for Application of Risk Based Corrective Action at Petroleum Release Sites. This rule will describe standards and procedures for application of risk based corrective action at petroleum release sites. The text of the rule will be developed by DEQ in conjunction with a negotiating committee made up of persons having an interest in the promulgation of these rules. The hearing will be held May 15, 2008. Seehttp://adm.idaho.gov/adminrules/bulletin/bul/08apr.pdf(p. 43)

Water:

  • The Department of Environmental Quality (DEQ) gives notice of the final decision on the Pack River Nutrient TMDL Addendum to the Pend Oreille Lake Nearshore Waters Nutrient SBA & TMDL. The area covered by the Pack River Nutrients TMDL (Hydrologic Unit Code 17010214) addresses 10 assessment units (AUs) not listed as impaired for nutrients on Idaho's 2002 §303(d) list. DEQ completed total phosphorus TMDLs for all AU/pollutant combinations deemed water quality impaired. DEQ has submitted this TMDL document to the U.S. EPA for approval under the CWA. Seehttp://adm.idaho.gov/adminrules/bulletin/bul/08apr.pdf(p. 27)
  • The Department of Environmental Quality gives notice of public meetings as part of a negotiated rulemaking. The objective of this rulemaking is to modify the recently updated Idaho Rules for Public Drinking Water Systems so that the engineering community can approve simple water main extensions as intended by 2005 SB 1220 and as codified at Section 39-118, Idaho Code. The meetings will be held April 22 and May 6, 2008. Seehttp://adm.idaho.gov/adminrules/bulletin/bul/08apr.pdf(pp. 35-36)
  • The Department of Environmental Quality gives notice of public meetings as part of a negotiated rulemaking. The purpose of this rulemaking is to clarify portions of the Ground Water Quality Rule to promote consistency in application of the rule to mining activities. The meetings will be held April 23, May 7, May 21, and June 4, 2008. Seehttp://adm.idaho.gov/adminrules/bulletin/bul/08apr.pdf(pp. 38-39)
  • The Department of Environmental Quality (DEQ) gives notice of public meetings as part of a negotiated rulemaking. DEQ is proposing this rule revision to allow a qualified licensed professional engineer or DEQ review engineer to approve construction of a simple sewer main extension without first providing DEQ with an updated facility plan, provided that the sewer system has sufficient capacity to service the area served by the sewer main extension. The hearings will be held April 22 and May 6, 2008. Seehttp://adm.idaho.gov/adminrules/bulletin/bul/08apr.pdf(pp. 40-41)

INDIANA

Hazardous & Solid Wastes:

MAINE

Fisheries:

MARYLAND

Air:

  • The Secretary of the Environment proposes to amend Regulation .01 under COMAR 26.11.01, General Administrative Provisions, and Regulation .14 under COMAR 26.11.06, General Emission Standards, Prohibitions, and Restrictions. The purpose of this action is to adopt the U.S. EPA revised rule and future changes to the federal PSD requirements under 40 CFR §52.21, which are incorporated by reference prospectively under COMAR 26.11.01.01 and 26.11.06.14. The proposed action will be submitted to the U.S. EPA as a revision to Maryland's SIP. The hearing will be held April 30, 2008. Comments are due April 30, 2008. Seehttp://www.dsd.state.md.us/mdregister/3507/main_register.htm

MASSACHUSETTS

Water:

  • The Massachusetts Department of Environmental Protection (MassDEP) will conduct public hearings to consider the adoption of amendments. MassDEP is retooling its groundwater discharge program to be more efficient while still maintaining environmental protection. The draft revisions to 314 CMR 2.00 reflect changes to 314 CMR 5.00, and previous revisions to 314 CMR 3.00, Surface Water Discharge Permit Program, primarily by providing procedures for general permits and general permit coverage; reflect draft regulations at 314 CMR 20.00 by providing procedures for permits issued under those regulations; eliminate the requirements for non public entity surface and groundwater discharge permittees annually to both submit inspection information and obtain an inspection certificate from MassDEP and instead provide a requirement for permittees to submit annual inspection information as a permit condition at MassDEP's discretion; and add new stay provisions for appealed NPDES permits. Hearings will be held April 23-25, 2008. Comments are due May 12, 2008. Seehttp://mass.gov/dep/public/hearings/gwgrp.htm
  • The Massachusetts Department of Environmental Protection is proposing revisions to its regulations for the Stage II Vapor Recovery Program, the Environmental Results Program for perchloroethylene dry cleaning facilities, and the requirements for stationary engines and combustion turbines for combined heat and power projects. The hearings will be held April 30 and May 1, 2008. Comments are due May 12, 2008. Seehttp://mass.gov/dep/public/hearings/08erpreg.htm

MICHIGAN

Hazardous & Solid Wastes:

Land Use:

MINNESOTA

Air:

  • The Minnesota Pollution Control Agency is extending the time for submission of comments, requests, and petitions on the Draft SIP Revision for Regional Haze until May 16, 2008. The purpose of this SIP revision is to address visibility protection at national parks, wildernesses, and scenic areas, also referred to as mandatory Class I federal areas. Comments are now due May 16, 2008. Seehttp://www.comm.media.state.mn.us/bookstore/stateregister/32_41.pdf(pp. 1855-1856)
  • The Minnesota Pollution Control Agency (MPCA) requests comments on a possible rule revision affecting the agency's Prevention of Significant Deterioration of Air Quality rule, currently codified in Minnesota Rules, Section 7007.3000. Seehttp://www.comm.media.state.mn.us/bookstore/stateregister/32_41.pdf(pp. 1856-1857)

Fisheries:

NEVADA

Air:

  • The State Environmental Commission will conduct a public hearing to consider the adoption of Regulation RXXX-08: Adopt By Reference Air Pollution/Air Quality Regulations. This regulation updates NAC 445B.221, Adoption by reference and applicability of certain provisions of federal law and regulations. The Division of Environmental Protection (NDEP) is proposing to adopt into the state regulation sections of the federal new source performance standards and NESHAP rules that have been adopted by the U.S. EPA and published in theFederal Register. The hearing will be held June 17, 2008. Seehttp://www.sec.nv.gov/docs/public_notice_all_061708.pdf(p. 4)

Land Use:

  • The State Environmental Commission will conduct a public hearing to consider the adoption of Regulation P2008-11, Administrative Changes to Chapter 519A, Reclamation of Land Subject to Mining Operations or Exploration Projects. This proposed regulation provides clarification of surface ownership for lands affected by applications for reclamation permits. The hearing will be held June 17, 2008. Seehttp://www.sec.nv.gov/docs/public_notice_all_061708.pdf(pp. 4-5)

Water:

  • The State Environmental Commission will conduct a public hearing to consider the adoption of Regulation R160-06, Proposed Changes to Water Quality Standards. This proposed regulation makes two categories of changes to the Nevada Administrative Code: (1) standards adjustments and additions to the Class Waters, 445A.124 through 445A.127, and; (2) an administrative reorganization of Water Quality Standards Tables, NAC 445A.124 through 127 and 445A.146 through 225. The hearing will be held June 17, 2008. Seehttp://www.sec.nv.gov/docs/public_notice_all_061708.pdf(pp. 1-3)
  • The State Environmental Commission will conduct a public hearing to consider the adoption of amendments to the water quality regulations and water quality criteria for the Muddy River, located in northeast Clark County, Nevada. The hearing will be held June 17, 2008. Seehttp://www.sec.nv.gov/docs/public_notice_all_061708.pdf(p. 3)
  • The State Environmental Commission will conduct a public hearing to consider the adoption of Regulation R194-07, Proposed On-Site Sewage Disposal System. This new regulation would amend NAC 445A.8335 through NAC 445A.849. The hearing will be held June 17, 2008. Seehttp://www.sec.nv.gov/docs/public_notice_all_061708.pdf(pp. 3-4)

NEW JERSEY

Fisheries:

  • The Department of Environmental Protection adopted amendments to the Coastal Permit Program rules, N.J.A.C. 7:7, and the Coastal Zone Management rules, N.J.A.C. 7:7E. The adopted amendments update the goals of the New Jersey Coastal Management Program; incorporate new digital mapping of prime fishing areas; add the Shawcrest/Hildreth Island to the list of bay islands exempted from the Bay islands rule; specify the standards used to review proposed coastal activities and development within wetlands in the Hackensack Meadowlands District; clarify the application of the Coastal Zone Management rules in the review of coastal activities or developments within the Hackensack Meadowlands District; add electrical substations to the list of activities that are exempt from the impervious cover and vegetative cover requirements of Subchapters 5, 5A, and 5B; and facilitate the preservation of historic structures in danger of demolition, such as those of the Doo Wop era. Seehttp://www.nj.gov/dep/rules/adoptions/adopt_080407a.pdf

NEW MEXICO

Air:

  • The New Mexico Environmental Improvement Board will hold a public hearing to consider the matter of EIB 07-16 (R), the proposed repeal and replacement of Air Quality Control Regulation 20.2.7 NMAC, Excess Emissions During Malfunction, Startup, Shutdown, or Scheduled Maintenance, and EIB 08-07(R), proposed revisions to 20.2.70 NMAC, Operating Permits.The hearing will be held June 2, 2008. Seehttp://www.nmcpr.state.nm.us/nmregister/xix/xix06/EIBnotice.htm
  • The Albuquerque-Bernalillo County Air Quality Control Boardadopted permanent rules concerning Emissions Inventory Requirements. Seehttp://www.nmcpr.state.nm.us/nmregister/xix/xix06/20.11.47new.htm

Toxic Substances:

Water:

NEW YORK

Fisheries:

NORTH CAROLINA

Water:

  • The Environmental Management Commission will conduct a public hearing to consider the amendments of rules cited as 15A NCAC 02B .0225, .0303. in order to reclassify the Horsepasture River. The Sierra Club requested that Horsepasture River (Jackson and Transylvania Counties) in the Savannah River Drainage Area be reclassified to Outstanding Resource Waters. The purpose of this rule change is to provide supplementary protection for the resources and quality of these waters. The hearing will be held June 2, 2008. Comments are due June 2, 2008. Seehttp://www.ncoah.com/rules/register/Volume22Issue19April12008.pdf(pp. 1641-1649)

OREGON

Air:

  • The Department of Environmental Quality (DEQ) will hold a public hearing on proposed rules that would authorize the Environmental Quality Commission to implement CAA requirements for agriculture in Oregon. Once adopted by the Environmental Quality Commission, DEQ will submit the revised rules to U.S. EPA for approval as a revision of the SIP. This will resolve the petition received by U.S. EPA in 2005. The hearing will be held May 19, 2008. Comments are due May 23, 2008. Seehttp://www.deq.state.or.us/aq/rules/Ag_rulemaking.pdf
  • The Department of Environmental Quality adopted temporary rules concerning the plant site emission limit applicability rule. The applicability rules for the plant site emission limit (PSEL) rule in OAR 340 division 222 are being amended to exempt chemical substances regulated under the accidental release prevention rule and the early reduction high risk pollutants rule. Sources subject to the PSEL rule will not have to be assigned a plant site emission limit for the exempted substances. This rule is effective March 6 through September 1, 2008. Seehttp://arcweb.sos.state.or.us/rules/0408_Bulletin/0408_ch340_bulletin.html

Climate:

  • The Department of Environmental Quality (DEQ) will hold public hearings on proposed rules that would require sources to report greenhouse gas emissions to DEQ. The draft rules propose that all Title V Air Quality Operating Permit holders and certain Air Contaminant Discharge Permit holders in Oregon report their greenhouse gas emissions annually to DEQ, beginning with the 2009 reporting year. The draft rules also propose that the following sources that emit 2500 metric tons or more of greenhouse gases per year (and do not have an air permit) report their greenhouse gas emissions annually to DEQ, beginning with the 2010 reporting year: wastewater treatment facilities with individual NPDES permits; solid waste disposal facilities; electric generating units; and electricity and natural gas transmission and distribution systems (concerning transmission and distribution losses). Hearings will be held April 24 through May 15, 2008. Comments are due May 16, 2008. Seehttp://www.deq.state.or.us/aq/climate/docs/announce.pdf

Land Use:

  • The Department of State Lands will conduct public hearings to consider amending rules governing special uses on land managed by the Department. The proposed amendments are required to accommodate uses of state-owned land that are not currently addressed in the rules now in effect. Among these uses are renewable energy projects including, but not limited to wind turbines and wind farms, solar energy installations and biomass generating facilities, upland quarries, the removal of semiprecious stones, petrified wood and fossils for commercial purposes, and the removal of sunken logs, woody debris, and abandoned pilings for their commercial value. The hearings will be held April 28 and 29, 2008. Comments are due May 16, 2008. Seehttp://arcweb.sos.state.or.us/rules/0408_Bulletin/0408_rulemaking_bulletin.html

Toxic Substances:

General:

  • The Department of Environmental Quality (DEQ) revised two Oregon Administrative Rules that direct the Department's rulemaking procedures. These changes were necessary to comply with Senate Bill 107, Section 3, that the 2007 legislature enacted. DEQ revised OAR 340-011-0010 to accommodate new requirements when noticing an intent to adopt, amend, or repeal DEQ administrative rules. Also, the agency revised OAR 340-011-0029(1) and (2) to reflect the new requirements regarding DEQ disclosure of the relationship between proposed administrative rules and applicable federal requirements. By this rulemaking, DEQ removed from rule the disclosure form (OAR 340-011-0029, table 1) it has used in its disclosure process. Seehttp://arcweb.sos.state.or.us/rules/0408_Bulletin/0408_ch340_bulletin.html

PENNSYLVANIA

Air:

  • The Department of Environmental Protection changed the public hearing date and comment deadline for the proposed revision to the SIP for the Greene County Eight-Hour Ozone Nonattainment Area. If requested, a hearing will be held April 30, 2008. Comments are now due May 2, 2008. Seehttp://www.pabulletin.com/secure/data/vol38/38-13/588.html

Water:

  • The Susquehanna River Basin Commission will hold a public hearing to receive comments on a proposed increase in the Commission's Consumptive Use Mitigation Fee. The hearing will be held April 23, 2008. Comments are due May 31, 2008. Seehttp://www.pabulletin.com/secure/data/vol38/38-14/660.html

Wildlife:

  • The Game Commission is soliciting public comment on the proposal to amend §137.1, relating to the importation, possession, sale, and release of certain wildlife, to require propagation, exotic wildlife dealer, and exotic wildlife possession permit holders to acquire an importation permit prior to importing any wildlife into the commonwealth and to prohibit the importation, possession, sale, and release of all non-human primates within the commonwealth. Comments are due April 18, 2008. Seehttp://www.pabulletin.com/secure/data/vol38/38-13/577.html

SOUTH CAROLINA

Air:

  • The South Carolina Department of Health and Environmental Control will conduct a public hearing in the matter of the proposal to amend the South Carolina Air Quality SIP to meet obligations of the U.S. EPA. The Department proposes to amend its SIP to address the requirements of the transportation conformity rule amendments for the new PM 2.5 NAAQS precursors and amendments to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) pursuant to §176(c) of the CAA. The hearing will be held April 28, 2008. Comments are due April 28, 2008. Seehttp://www.scdhec.gov/administration/regs/docs/SR%20Notice%2020080314_Trasnporation%20Conformity.doc

SOUTH DAKOTA

Land Use:

  • The Department of Agriculture will conduct a public hearing to consider the adoption of a rule that will addPhragmitesto the local noxious weed list and to add scientific names for all local noxious weeds and declared pests; 34 SDR 249. Seehttp://legis.state.sd.us/rules/register/04072008.pdf(p. 260)

TEXAS

Hazardous & Solid Wastes:

  • The Texas Commission on Environmental Quality will conduct a hearing to consider the adoption of amendments to §§285.2 - 285.6, 285.8, 285.13, 285.21, 285.30, 285.32 - 285.34, 285.50, 285.60 - 285.65, 285.70, 285.71, 280.90, and 285.91, concerning on-site sewage disposal systems. The commission also proposes the repeal of §285.7 and a new §285.7. The proposed rules implement requirements in House Bill 2482, 80th Legislature, 2007, for persons who service or maintain on-site sewage disposal systems using aerobic treatment. The hearing will be held April 29, 2008. Comments are due May 5, 2008. Seehttp://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#64
  • The Texas Commission on Environmental Quality will conduct a hearing to consider the adoption of amendments to §328.4, pursuant to House Bill 2541, 80th Legislature, Regular Session, 2007. The bill requires the commission to establish rules regarding the size, content, and fire safety features for non-permitted and non-registered municipal solid waste recycling facilities that store combustible materials to produce compost or mulch and are located in certain counties that have sole source aquifers and that have a population of more than 1.3 million. The hearing will be held April 28, 2008. Comments are due May 5, 2008. Seehttp://www.sos.state.tx.us/texreg/sos/PROPOSED/30.ENVIRONMENTAL%20QUALITY.html#105

UTAH

Fisheries:

  • The Department of Natural Resources is soliciting public comment on proposed amendments to R657-3, Collection, Importation, Transportation, and Possession of Zoological Animals. The amendments to this rule clarify wording on native and nonnative species and to add classification status to additional fish, crustaceans, and mollusk species. Comments are due May 1, 2008. Seehttp://www.rules.utah.gov/publicat/bull_pdf/2008/b20080401.pdf(pp. 45-47)

Wildlife:

  • The Department of Natural Resources is soliciting public comment on proposed amendments to R657-53, Amphibian and Reptile Collection, Importation, Transportation, and Possession. This rule amendment is to clarify procedures, standards, and requirements for the collection, importation, transportation, and possession of amphibians and reptiles. The revisions to this rule change the classification status for tiger salamanders and the Great Plains toad. Comments are due May 1, 2008. Seehttp://www.rules.utah.gov/publicat/bull_pdf/2008/b20080401.pdf(pp. 51-52)

WASHINGTON

Hazardous & Solid Wastes:

  • The Department of Ecology is soliciting public comments on the proposal to amend Chapter 173-303 WAC, Dangerous Waste Regulations, to incorporate several federal hazardous waste regulations, including updates to manifest requirements, merging universal waste rules for mercury containing devices and mercury thermostats, and incorporating some of U.S. EPA's Burden Reduction Initiative rules. Comments are due April 25, 2008. Seehttp://www.ecy.wa.gov/laws-rules/activity/wac173303.html

VIRGINIA

Water:

  • The State Water Control Board will conduct public hearings to consider the adoption of amendments to numerous rules concerning water quality standards. These standards will be used in setting Virginia Pollutant Discharge Elimination System Permit limits and for evaluating the waters of the commonwealth for inclusion in the CWA §305(b) report and on the §303(d) list. The hearings will be held May 1 - 8, 2008. Comments are due May 30, 2008. Seehttp://legis.state.va.us/codecomm/register/vol24/iss15/v24i15.pdf(pp. 2029-2152)

WISCONSIN

Wildlife:

  • The Department of Natural Resources will hold a public hearing on revisions to chs. NR 1, 8, 10, 11, 12, 15, 16, 17, and 19, Wis. Adm. Code, relating to hunting, trapping, captive wild animals, dog training, nuisance animal removal, wildlife rehabilitation, and license issuance. The hearing will be held April 15, 2008. Comments are due April 16, 2008. Seehttp://www.legis.state.wi.us/rsb/code/register/reg627b.pdf(pp. 17-18)

WYOMING

Water:

Copyright© 2008, Environmental Law Institute, Washington, D.C. All rights reserved.

INTERNATIONAL

CLIMATE CHANGE WORKING GROUPS CONVENE IN THAILAND

Earlier this month, representatives gathered at the United Nations Conference Center in Bangkok to further work on goals identified in the Bali Road Map and Kyoto Protocol. The Ad hoc Working Group on Long-term Cooperative Action discussed a two-year plan to develop a global climate change convention that would be effective and agreeable to all parties. Another Ad hoc Working Group focused on brainstorming mechanisms for Annex I parties to the Kyoto Protocol to reach emissions goals. Both groups will convene next in June in Bonn. Seehttp://unfccc.int/meetings/intersessional/awg-lca_1_and_awg-kp_5/items/4334.php

NICARAGUANS FILE COMPLAINT WITH IFC OVER SUGARCANE LOAN

Over 700 Nicaraguan citizens took action against the International Finance Corporation (IFC) for providing $55 million in loans for a sugarcane and ethanol plant in western Nicaragua. Ex-sugarcane workers and community members filed an official complaint with the IFC for contributing to degradation of the environment and human health by lending funds to the Nicaragua Sugar Estates Limited for increased production. They hope to hold the IFC responsible for environmental impacts of the expansion, such as the ash and smoke that result from burning sugarcane prior to harvest. Seehttp://www.ciel.org/Ifi/NSEL_Press_1Apr08.html

RUSSIAN ENERGY MONOPOLY READYING TO PRIVATIZE

The world’s largest electricity company, owned by Russia, will soon be dismantled into multiple private enterprises. Unified Energy Systems’ privatization plan has already attracted $34 billion in investors, as the energy giant is set to disband on June 30, 2008. The Russian government has aided the effort by promising to lower electricity tariffs for industrial consumers by 2009. Seehttp://www.nytimes.com/2008/04/09/business/worldbusiness/09electric.html?ref=business&pagewanted=print

Copyright© 2008, Environmental Law Institute, Washington, D.C. All rights reserved.

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