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Weekly Update Volume 38, Issue 9

03/31/2008

LITIGATION

NATURAL GAS ACT, ELECTRICITY, ALLOCATION COSTS:

The D.C. Circuit denied a petition challenging a FERC order directing a pipeline operator that expanded its pipeline and added compressors to carry gas shipped by several new customers to allocate the added electricity costs only to the customers for whom the expansion was undertaken. The operator presented no proof of any specific benefits to its existing customers from the expansion project. And although existing customers indirectly benefit from the added compressors, FERC’s policy decision that such benefits fail to justify imposing substantial new costs on captive customers who have no need for the added compression is not arbitrary or capricious. In addition, FERC's proposal of allocating the costs among new customers was just and reasonable.Transcontinental Gas Pipe Line Corp. v. Federal Energy Regulatory Commission, No. 06-1286, 38 ELR 20065 (D.C. Cir. Mar. 7, 2008).

WILDLIFE, ILLEGAL TRADE:

The Ninth Circuit reversed a lower court judgment ordering the forfeiture of 64,695 pounds of shark fins under the Shark Finning Prohibition Act. Neither the statute nor its implementing regulations provided fair notice that the vessel, which purchased the fins at sea from other vessels, would be considered a fishing vessel under the Magnuson-Stevens Fishery Conservation and Management Act. The regulations may be reasonably read to provide notice that vessels that engage in at-sea transfers of fins are prohibited from landing shark fins in a U.S. port, but they do not provide notice that such vessels are prohibited from possessing fins for the purpose of making a delivery to a foreign port. Forfeiture of the shark fins would therefore violate due process.United States v. Approximately 64,695 Pounds of Shark Fins, No. 05-56274, 38 ELR 20066 (9th Cir. Mar. 17, 2008).

EQUAL ACCESS TO JUSTICE ACT, PRELIMINARY INJUNCTION:

The Tenth Circuit reversed a lower court's grant of attorneys fees in favor of an environmental group under the Equal Access to Justice Act (EAJA) despite its obtaining a preliminary injunction against the U.S. Forest Service halting an imminent timber sale in the Black Hills National Forest. A preliminary injunction that does not provide a plaintiff with relief on the merits of their claim cannot serve as the basis for prevailing party status. Here, the preliminary injunction required the Forest Service to refrain from going forward with the imminent sale, but it did not prevent the Forest Service from continuing to meet and plan in regards to the project. Nor did the preliminary injunction grant the relief that the group sought--a determination that the project was issued in violation of NEPA, the National Forest Management Act, and the APA. Hence, the group was not a "prevailing party" under the EAJA, and the lower court's award of attorney fees must be reversed.Biodiversity Conservation Alliance v. Stem, No. 07-1061, 38 ELR 20069 (10th Cir. Mar. 18, 2008).

NEPA, WILD AND SCENIC RIVERS ACT:

The Ninth Circuit affirmed a district court's decision that the comprehensive management plan for the Merced Wild and Scenic River failed to comply with §1274(d) of the Wild and Scenic Rivers Act; that the plan was deficient because it was not wholly self contained; and that the supplemental EIS prepared for the plan violated NEPA. The management plan fails to describe an actual level of visitor use of the river that will not adversely impact the river's "Outstanding Remarkable Values," and instead calls for action only after damage has occurred. Further, the management plan is flawed because it is not presented as a single, comprehensive document that addresses all required elements. Finally, the supplemental EIS violates NEPA because the “no-action” alternative assumes the existence of the very plan being proposed; the three action alternatives are unreasonably narrow; and for the first five years, the interim visitor limits proposed by the three alternatives are essentially identical.Friends of Yosemite v. Kempthorne,No. 07-15124, 38 ELR 20072 (9th Cir Mar. 27, 2008).

CERCLA, "COVERED PERSON"

A district court granted in part and dismissed in part a motion to dismiss CERCLA claims against a company hired to inspect a rail car that subsequently leaked coal tar light oil. The plaintiff makes no showing that the inspecting company acted as a current owner or operator of the rail car, and instead only showed that the company had the duty to "inspect and maintain" the rail car. As such, no liability under CERCLA §107 can attach.Veolia es Special Services, Inc. v. Techsol Chemical Co., No. 3:07-0153, 38 ELR 20076 (Mar. 14, 2008).

CERCLA, PARENT LIABILITY, ARRANGER LIABILITY, INSURANCE RECOVERY

A district court granted in part and dismissed in part a motion to dismiss CERLCA §§107 and 104 claims. In the present case, the parent company at issue had overlapping directors, managers, and employees with its subsidiary and was involved in the daily operations of the subsidiary beyond the norms of parental supervision to a sufficient degree to hold the parent liable as an "operator" under CERCLA. In addition, the same facts are sufficient to hold the parent liable as an "arranger," but are insufficient to pierce the corporate veil and impose derivative liability. "Arranger" liability also attaches to the U.S. government defendants in this case. Because plaintiff purchased insurance policies that cover the remediation costs in question, plaintiff is not "incurring" costs under CERCLA unless it has or will actually incur the specific cost for which it seeks contribution. In addition, CERCLA §114 prohibits plaintiffs from recovering costs paid by its insurers because to award such costs would result in a double recovery for the plaintiffs. The collateral source rule has no application in this instance because this is not an action in tort under which plaintiffs are entitled to damages but an environmental action addressing reimbursement.Basic Management Inc. v. United States, No. 2:02-cv-0884-RCJ-RJJ, 38 ELR 20073 (D. Nev. Feb. 25, 2008) (Jones, J.).

RCRA, ATTORNEYS FEES

On remand, a district court awarded attorneys fees to plaintiff, who prevailed on one RCRA claim, despite the fact that plaintiff failed to prevail under several other claims. Attorneys fees are ordinarily awarded to prevailing RCRA parties absent a strong showing of special circumstances. Here, plaintiff did receive some meaningful relief on his claims s despite the rejection of his other claims. As a result, plaintiff is due a reasonable award of attorneys fees and costs that are attributable to the successful RCRA claim.Browder v. City of Moab, No. 2:99-CV-807 BSJ, 38 ELR 20075 (D. Utah Mar. 12, 2008) (Jenkins, J.).

CERCLA, EXPERT WITNESS

A district court denied a motion to dismiss claims under CERCLA and New York law for lack of evidence demonstrating defendant contributed waste to the site in question. Plaintiff's expert's professional experience and the methodology he uses to render his opinion satisfy the requirements of Federal Rule of Evidence 702. He considers testimony, historical data, and laboratory data that form a sufficiently reliable basis for his opinion. He need not rely on published studies or conduct independent testing, as defendant claims.Olindo Enterprises, Inc. v. City of RochesterNo. 05-CV-6246, 38 ELR 20077 (W.D.N.Y Mar. 7, 2008) (Telesca, J.).

CLEAN WATER ACT, CONTRIBUTION

A district court denied a defendant's attempts to file a third-party complaint seeking contribution from third parties for violations of the Clean Water Act (CWA). Eighteen months after the suit commenced and one year after the first third-party complaint was filed, defendant sought to file a second third-party complaint bringing in many new parties. Such an action will unduly increase the cost of the present case and cause further delay. The claims contained in the complaint lack any merit under the CWA, so allowing it to be filed would be futile. Further, the CWA does not provide for contribution, and it has plainly occupied the field to such an extent that contribution claims are not allowed under federal common law or state law.United States v. Savoy Senior Housing Corp., No. 6:06cv031, 38 ELR 20074 (W.D. Va. Mar. 6, 2008) (Urbanski, J.).

CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT:

A California appellate court affirmed a lower court judgment ordering a city to prepare an environmental impact report for a 120-unit senior housing facility, a 6,500 square-foot community senior center, and a four-acre public park. There is substantial evidence that the project's increase in population density, building height, and noise from air conditioners would present significant environmental impacts, even when taking into consideration the project's mitigation measures.Citizens for Responsible & Open Government v. City of Grande Terrace, Nos. E041493, E042092, 38 ELR 20067 (Cal. Ct. App. 4th Dist. Mar. 13, 2008).

CALIFORNIA ENVIRONMENTAL QUALITY ACT, ZONING:

A California appellate court affirmed a lower court decision denying a property owner's petition challenging changes to a city's zoning rules. The city's general land use plan initially called for future annexation of certain property owned by the plaintiff. In 2004, the city council adopted a new plan that deleted the annexation provisions and instead focused future development in three existing community centers. Contrary to arguments made by the property owner, the city did not exceed its police powers when it adopted the new plan. In addition, the environmental impact report adequately considered alternatives to the new plan.Vincent's School for Boys v. City of San Rafael, No. A116690, 38 ELR 20068 (Cal. Ct. App. 1st Dist. Mar. 18, 2008).

CALIFORNIA ENVIRONMENTAL QUALITY ACT, PORTER-COLOGNE ACT:

A California appellate court affirmed a lower court decision upholding amendments to the Water Quality Control Plan for the Sacramento and San Joaquin River basin. Defendants presented sufficient evidence to demonstrate that Deer Creek does not support a viable population of rainbow trout and that the proposed temperature change for the creek is adequately protective of salmonids. The environmental impact report prepared for the basin plan complies with the applicable administrative regulations, Cal. Code Regs. tit. 23, §§3775-3782, which are the functional equivalent of CEQA.California Sportfishing Protection Alliance v. State Water Resources Control Board, No. A117494, 38 ELR 20071 (Cal. Ct. App. 1st Dist. Mar. 21, 2008).

ILLINOIS ENVIRONMENTAL PROTECTION ACT, "WASTE":

An Illinois appellate court affirmed a lower court decision that an excavation and demolition company violated the Illinois Environmental Protection Act when it disposed of whole trees in a quarry. In a previous case, the court found that leaves are not "of the same nature as garbage or sludge which is generated and discarded by people" because leaves grow and fall from trees naturally. But under the facts presented in this case, the uprooted trees at issue here are "of the same nature as garbage or sludge which is generated and discarded by people." In addition, trees fall within the Litter Control Act's definition of litter as "any discarded, used, or unconsumed substance or waste." The lower court's judgment, therefore, was affirmed.Northern Illinois Service Co. v. Environmental Protection Agency, No. 2-07-0213, 38 ELR 20070 (Ill. App. Ct. Mar. 11, 2008).

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

THE FEDERAL AGENCIES

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

AIR:

  • EPA determined that the Memphis, Tennessee, and Crittenden County, Arkansas, areas failed to attain the eight-hour ozone NAAQS and reclassified the areas as nonattainment.73 FR 16547(3/28/08).
  • EPA issued completeness findings for the 1997 eight-hour ozone NAAQS.73 FR 16205(3/27/08).
  • EPA revised the primary and secondary NAAQS for ozone.73 FR 16436(3/27/08).
  • EPA amended NESHAPS for several area sources.73 FR 15923(3/26/08).
  • EPA determined that the Albany-Schenectady-Troy, Jefferson County, and Rochester ozone nonattainment areas have attained the eight-hour NAAQS.73 FR 15672(3/25/08).
  • EPA determined that several states failed to submit SIPs required for the 1997 eight-hour ozone NAAQS.73 FR 15416(3/24/08).
  • EPA amended the national volatile organic compound (VOC) emission standards for aerosol coatings.73 FR 15421(3/24/08).
  • EPA proposed to amend the national VOC emission standards for aerosol coatings; see above for direct final rule.73 FR 15470(3/24/08).
  • EPA promulgated national VOC emission standards for aerosol coatings.73 FR 15604(3/24/08).
  • EPA launched an electronic reporting system for its stratospheric ozone protection program.73 FR 15520(3/24/08).
  • EPA determined that the Beaumont/Port Arthur area in Texas failed to attain the eight-hour ozone NAAQS and reclassified the area as nonattainment.73 FR 14391(3/18/08).
  • EPA proposed NESHAPs for the plating and polishing area source category.73 FR 14126(3/14/08).
  • EPA proposed to update a portion of the outer continental shelf air regulations in the state of New York.73 FR 13822(3/14/08).
  • EPA adopted revisions to the in-use testing program for heavy-duty diesel vehicles and the final accuracy margins for gaseous pollutants.73 FR 13441(3/13/08).
  • EPA proposed revisions to the in-use testing program for heavy-duty diesel vehicles and the final accuracy margins for gaseous pollutants; see above for direct final rule.73 FR 13518(3/13/08).
  • EPA revised the early credit technology requirements for the control of hazardous air pollutants (HAPs) from mobile sources.73 FR 13132(3/12/08).
  • EPA proposed revisions to the early credit technology requirements for the control of HAPs from mobile sources; see above for direct final rule.73 FR 13163(3/12/08).
  • EPA designated one new equivalent method for measuring concentrations of fine particulate matter (PM).73 FR 13224(3/12/08).
  • EPA announced availability of $14.8 million for the State Clean Diesel Grant Program for fiscal year 2008.73 FR 12728(3/10/08).
  • SIP Approvals: California (circumvention, reduction of animal matter, and volatile organic compound emissions)73 FR 13440(3/13/08); (PM)73 FR 12639(3/10/08); (San Joaquin Valley, attainment of particulate matter NAAQS)73 FR 14687(3/19/08). Indiana (revisions to the Indiana Administrative Code)73 FR 14389(3/18/08). Louisiana (revisions to the eight-hour ozone maintenance plans for Lafayette and Lafourche parishes)73 FR 15411(3/24/08);(reclassification of Baton Rouge area to moderate eight-hour ozone nonattainment)73 FR 15087(3/21/08). New Hampshire (attainment of eight-hour ozone NAAQS)73 FR 14387(3/18/08). Ohio (revisions to open burning standards)73 FR 15081(3/21/08); (sulfur dioxide emissions and designation of attainment)73 15083(3/21/08). Rhode Island (diesel anti-idling regulation)73 FR 16203(3/27/08). Utah (revisions to interstate transport of pollution requirements)73 FR 16543(3/28/08). Wisconsin (waiver for construction permit and fee provisions)73 FR 12893(3/11/08).
  • SIP Proposals: Indiana (PM)73 FR 13813(3/14/08); (revisions to the Indiana Administrative Code; see above for direct final rule)73 FR 14426(3/18/08). Louisiana (revisions to the eight-hour ozone maintenance plans for Lafayette and Lafourche parishes; see above for direct final rule)73 FR 15470(3/24/08). Ohio (revisions to open burning standards; see above for direct final rule)73 FR 15111(3/21/08). Rhode Island (diesel anti-idling regulation; see above for direct final rule)73 FR 16244(3/27/08). Utah (revisions to interstate transport of pollution requirements; see above for direct final rule)73 FR 16614(3/28/08).

CLIMATE CHANGE:

  • NOAA's Climate Change Science Program announced availability of a draft report titledDecision Support Experiments and Evaluations Using Seasonal to Interannual Forecasts and Observational Data.73 FR 14457(3/18/08).
  • NOAA's Climate Change Science Program announced availability of a draft report titledTrends in Emissions of Ozone-Depleting Substances, Ozone Layer Recovery, and Implications for Ultraviolet Radiation Exposure.73 FR 14457(3/18/08).

ENERGY:

  • DOE determined that it will not issue a regulatory requirement for the owners and operators of certain private and local government fleets to acquire alternative fueled vehicles because it is not necessary to achieve the recently modified Energy Policy Act 1992 Replacement Fuel Goal.73 FR 13729(3/14/08).
  • DOE announced proposed rulemaking concerning energy conservation standards for general service fluorescent lamps and incandescent reflector lamps.73 FR 13620(3/13/08).
  • DOE proposed amendments to its test procedures for fluorescent and incandescent lamps.73 FR 13465(3/13/08).

GENERAL:

  • EPA promulgated a final rule on the disadvantaged business enterprise program for procurements under financial assistance agreements.73 FR 15904(3/26/08).

HAZARDOUS & SOLID WASTE:

  • EPA announced revisions to the requirements for leaking UST prevention assistance agreements.73 FR 16674(3/28/08).
  • EPA announced revisions to the guidelines for brownfields assessment, cleanup, and revolving loan fund grants for fiscal year 2009.73 FR 15522(3/24/08).
  • EPA entered into a proposed administrative settlement under CERCLA requiring the settling party to pay $150,713 to the Hazardous Substance Superfund for recovery of past response costs incurred at its chemical facility in Kansas City, Missouri.73 FR 14467(3/18/08).
  • EPA gave final authorization to Colorado for changes to its hazardous waste program under RCRA.73 FR 13141(3/12/08).
  • EPA proposed to authorize changes to Colorado's hazardous waste program under RCRA; see above for direct final rule.73 FR 13167(3/12/08).

LAND USE:

  • The Federal Highway Administration modified the DOT Act procedures for granting §4(f) approvals in parks, recreation areas, wildlife and waterfowl refuges, and historic sites.73 FR 13367(3/12/08).

MINING:

  • OSM approved revisions to Texas' regulatory program under SMCRA concerning annual permit fees.73 FR 14179(3/17/08).

PESTICIDES:

  • EPA proposed a draft rule requiring all manufacturers of agricultural and professional specialty pesticides to have a container recycling program that meets the standards of the American National Standards Institute.73 FR 16614(3/28/08).

RADIOACTIVE MATERIAL:

  • NRC announced the availability of preliminary draft rule language on amendments to its emergency preparedness regulations.73 FR 13157(3/12/08).

TOXIC SUBSTANCES:

  • The Centers for Disease Control and Prevention revised final criteria for removing chemicals from future editions of itsNational Report on Human Exposure to Environmental Chemicals.73 FR 16685(3/28/08).

WATER:

  • EPA seeks public comments on its proposal under CWA §404(c) to prohibit or restrict the use of certain waters in the Yazoo River Basin in Mississippi as disposal sites for dredged or fill material in connection with the construction of the proposed Yazoo Backwater Area Project.73 FR 14806(3/19/08).
  • EPA Region 8 announced that it will conduct a review of variances and exemptions issued by the state of North Dakota to public water systems under its jurisdiction.73 FR 13229(3/12/08).

WILDLIFE:

  • NOAA-Fisheries announced initiation of a status review for the ribbon, bearded, ringed, and spotted seals as endangered or threatened species.73 FR 16617(3/28/08).
  • FWS announced its 12-month finding on a petition to list the North American wolverine as an endangered or threatened species under the ESA and determined that the population in the contiguous United States does not constitute a listable entity under the Act.73 FR 12929(3/11/08).
  • FWS announced five-year reviews of 28 southwestern species listed as endangered or threatened.73 FR 14995(3/20/08).
  • FWS issued regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2008-09 regulatory year.73 FR 13761(3/14/08).
  • NOAA-Fisheries announced initiation of a status review for five rockfish species in Puget Sound, Washington, as endangered or threatened species.73 FR 14195(3/17/08).
  • NOAA-Fisheries announced initiation of a status review for the Pacific eulachon in Alaska, British Columbia, California, Oregon, and Washington as a threatened or endangered species.73 FR 13185(3/12/08).
  • NOAA-Fisheries announced initiation of a status review for the coaster brook trout as endangered throughout its range.73 FR 14950(3/20/08).
  • The National Science Foundation established two new Antarctic specially managed areas and one new historical site and monument and removed all species of fur seals from the list of specially protected species.73 FR 14939(3/20/08).

DOJ NOTICES OF SETTLEMENT:

  • United States v. Kure Shipping S.A., No. C-08-1328 JL (N.D. Cal. Mar. 7, 2008). A settling Oil Pollution Act defendant must pay $2,462,067 jointly to the state and federal natural resource trustees for natural resource damages; must pay $1,093,092 to cover assessment and response costs incurred by the DOI and the California Department of Fish and Game; must pay $100,000 to resolve certain state law claims; and must purchase a conservation easement to protect approximately 300 acres of redwood forest in perpetuity as habitat for the marbled murrelet in connection with a 1997 oil spill from the M/V Kure in the vicinity of Humboldt Bay near Eureka, California.73 FR 13921(3/14/08).
  • In re ASARCO, LLC, No. 05-21207 (Bankr. S.D. Tex. Mar. 3, 2008). A settling CERCLA defendant must provide the United States with allowed general unsecured claims totaling $72.5 million to resolve past and future response costs and natural resource damage claims at the Southeastern Missouri Mining District sites in St. Francois, Madison, Iron, and Reynolds counties.73 FR 13569(3/13/08).
  • United States v. NCR Corp., No. 01-593-SLR (D. Del. Mar. 6, 2008). Under a supplemental agreement, a settling CERCLA defendant must pay $124,765 for recovery of response costs incurred through August 1, 2006, and also must pay for recovery of response costs incurred since August 1, 2006, in connection with the NCR Corporation Superfund site in Millsboro, Delaware.73 FR 13569(3/13/08).
  • United States v. Riverside Cement Co., No. CV 08-01284 ABC (JCRx) (C.D. Cal. Mar. 4, 2008). A settling CAA defendant in Oro Grande, California, must pay a $394,000 civil penalty, plus interest; must shut down its older cement kilns by August 31, 2008, or 120 days after its new cement kiln reaches 90% of its operating capacity, whichever is earlier; must comply with enhanced baghouse inspection requirements until the older kilns are shut down; and must comply with the Portland Cement NESHAP and its Title V operating permit.73 FR 13252(3/12/08).
  • United States v. Reynolds Metals Co., No. 08-108-KI (D. Or. Jan. 25, 2008). Settling CERCLA defendants must implement remedial action at the Reynolds Metals Superfund site near Troutdale, Oregon, must pay $501,370 in past U.S. response costs, as well as pay future response costs, must complete natural resource restoration actions they are undertaking at the site, and must pay $21,120 in natural resource damage assessment costs.73 FR 13010(3/11/08).
  • United States v. Ruetgers Organics Corp., No. 4-96-2128 (M.D. Pa. Mar 4, 2008). Under an amended 1997 CERCLA settlement agreement concerning the Centre County Kepone Superfund site in Centre County, Pennsylvania, oversight costs are now included within the definition of response costs; the settling defendant must pay $628,164.79 for additional U.S. past response costs and agree to reimbursement of future costs.73 FR 13010(3/11/08).
  • United States v. Bridgeport United Recycling, Inc., No. 3:08CV247 (JBA) (D. Conn. Feb. 20, 2008). A settling RCRA defendant must automate and upgrade the air emission control system used at its Bridgeport, Connecticut, facility and must pay a $205,798 civil penalty, and the co-defendant must pay a $119,392 civil penalty.73 FR 12762(3/10/08).
  • United States v. Lexington Fayette Urban County Government, No. 5:06-cv-00386-KSF (E.D. Ky. Mar. 14, 2008). A settling CWA defendant must perform injunctive measures, must pay a $425,000 civil penalty, and must perform federal supplemental environmental projects valued at $1.23 million and state environmental projects valued at $1.5 million.73 FR 15195(3/21/08).
  • In re W.R. Grace & Co., No. 01-01139 (JFK) (Bankr. D. Del. Mar. 14, 2008). A settling CERCLA defendant must pay an allocated portion for U.S. response costs incurred at the Curtis Bay site near Baltimore, Maryland, and must implement a cleanup action selected by the U.S. Army Corps of Engineers.73 FR 15007(3/20/08).
  • United States v. City of Jacksonville, No. 308-CV-257 (J-20TEM) (M.D. Fla. Mar. 11, 2008). A settling CERCLA defendant must pay for recovery of U.S. costs incurred in connection with the release and threatened release of hazardous substances from the Brown's Dump site and the Jacksonville Ash site in Jacksonville, Florida.73 FR 14488(3/18/08).
  • In re ASARCO LLC, No. 05-21207 (Bankr. S.D. Tex. Feb. 22, 2008). A settling CERCLA defendant must provide the United States with an allowed general unsecured claim of $1 million and must also provide the state of Montana with an allowed general unsecured claim of $7.1 million concerning the Barker Hughesville site in Cascade and Judith Basin counties, Montana.73 FR 14489(3/18/08).
  • Colorado v. ASARCO Inc., No. 86-cv-1675-WYD (consolidated with No. 83-cv-2388-WYD) (D. Colo. Mar. 11, 2008). Under a modified 1994 CERCLA settlement agreement concerning the California Gulch Superfund site in Lake County, Colorado, a settling defendant must pay approximately $1 million to the United States and EPA must be given sole access to a trust fund established by the defendant to fund the remedial action at the site.73 FR 14269(3/17/08).
  • In re W.R. Grace & Co., No. 01-01139 (JFK) (Bankr. D. Del. Mar. 11, 2008). A settling CERCLA defendant must pay $250 million for recovery of U.S. response costs at the Libby Asbestos site in Montana within 30 days of the bankruptcy court's approval of the settlement.73 FR 14270(3/17/08).

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

THE CONGRESS

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

Chamber Action

  • S. 2745 (agricultural programs extension), which would extend agricultural programs beyond March 15, 2008 and would suspend permanent price support authorities beyond that date, was passed by the House, clearing the measure for the President. 154 Cong. Rec. H1597-98 (daily ed. Mar. 12, 2008).
  • S. 2745 (agricultural programs extension), which would extend agricultural programs beyond March 15, 2008, and would suspend permanent price support authorities beyond that date, was passed by the Senate. 154 Cong. Rec. S1916-17 (daily ed. Mar. 12, 2008).
  • H.R. 5492 (authorizing the Board of Regents of the Smithsonian Institution to construct a greenhouse facility), which would authorize the Board of Regents of the Smithsonian Institution to construct a greenhouse facility at its museum support facility in Suitland, Maryland, was passed by the House. 154 Cong. Rec. H1454-55 (daily ed. Mar. 11, 2008).

Committee Action

  • S. 1580 (Coral Reef Conservation Act of 2000)was reported by the Committee on Commerce, Science, and Transportation. H. Rep. No. 110-276, 154 Cong. Rec. S2130 (daily ed. Mar. 13, 2008). The bill would reauthorize the Coral Reef Conservation Act of 2000.  
  • H.R. 5492 (greenhouse facility)was reported by the Committee on Transportation and Infrastructure. H. Rep. No. 110-545, 154 Cong. Rec. H1444 (daily ed. Mar. 10, 2008). The bill would authorize the Board of Regents of the Smithsonian Institution to construct a greenhouse facility at its museum support facility in Suitland, Maryland.

Bills Introduced

  • S. 2739 (Bingaman, D-N.M.) (Northern Mariana Islands)would authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy; implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America; and would amend the Compact of Free Association Amendments Act of 2003. 154 Cong. Rec. S1818 (daily ed. Mar. 10, 2008). The bill was read for the first time.
  • S. 2750 (Feinstein, D-Cal.) (mineral requirements)would modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims. 154 Cong. Rec. S1999 (daily ed. Mar. 12, 2008). The bill was referred to the Committee on Energy and Natural Resources.
  • H.R. 5575 (Waxman, D-Cal.) (coal-fired electric generating units)would require new coal-fired electric generating units to use state-of-the-art control technology to capture and permanently sequester carbon dioxide emissions. 154 Cong. Rec. H1538 (daily ed. Mar. 11, 2008). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5580 (Schakowsky, D-Ill.) (Toxic Substances Control Act)would amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda. 154 Cong. Rec. H1538 (daily ed. Mar. 11, 2008). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5581 (Campbell, R-Cal.) (notification of petition)would require the Secretary of the Interior to notify units of local government when a Native American group files a petition to become a federally recognized Indian tribe and before the decision on the petition is made. 154 Cong. Rec. H1538 (daily ed. Mar. 11, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5583 (Grijalva, D-Ariz.) (Tusayan Ranger District)would withdraw the Tusayan Ranger District and Federal land managed by the Bureau of Land Management in the vicinity of Kanab Creek and in House Rock Valley from location, entry, and patent under the mining laws. 154 Cong. Rec. H1538 (daily ed. Mar. 11, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5587 (Lewis, Ga.) (long-term water management study)would direct the Secretary of the Army to conduct a comprehensive study of long-term water management in the southeastern United States. 154 Cong. Rec. H1538 (daily ed. Mar. 11, 2008). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5588 (Markey, D-Mass.) (oil and gas leasing)would prohibit the Secretary of the Interior from offering for oil and gas leasing or any related activity any tract in the Lease Sale 193 Area of the Alaska Outer Continental Shelf Region until the Secretary determines whether to list the polar bear as a threatened species or an endangered species under the Endangered Species Act of 1973. 154 Cong. Rec. H1538 (daily ed. Mar. 11, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5594 (Young, Alaska) (vessel discharges)would require the Commandant of the Coast Guard to conduct an evaluation and review of certain vessel discharges. 154 Cong. Rec. H1538 (daily ed. Mar. 11, 2008). The bill was referred to the Committee on Transportation and Infrastructure.
  • H.R. 5597 (Bean, D-Ill.) (energy efficiency tax credits)would amend the Internal Revenue Code of 1986 to modify the new energy efficient home credit and to provide a credit against tax for the purchase of certain energy efficient homes. 154 Cong. Rec. H1617 (daily ed. Mar. 12, 2008). The bill was referred to the Committee on Ways and Means.
  • H.R. 5610 (Grijalva, D-Ariz.) (wilderness designation)would designate as wilderness additional National Forest System lands, Bureau of Land Management lands, and National Parks Service lands in West Virginia, Arizona, New Mexico, Oregon, and California. 154 Cong. Rec. H1700 (daily ed. Mar. 13, 2008). The bill was referred to the Committee on Natural Resources and to the Committee on Agriculture.
  • H.R. 5616 (Bachmann, R-Minn.) (incandescent light bulbs)would provide for the repeal of the phase out of incandescent light bulbs unless the Comptroller General makes certain specific findings. 154 Cong. Rec. H1700 (daily ed. Mar. 13, 2008). The bill was referred to the Committee on Energy and Commerce.
  • H.R. 5618 (Bordallo, D-Guam) (National Sea Grant College Program Act)would reauthorize and amend the National Sea Grant College Program Act. 154 Cong. Rec. H1700 (daily ed. Mar. 13, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5632 (Gordon, D-Tenn.) (radioactive waste)would prohibit the importation of certain low-level radioactive waste into the United States. 154 Cong. Rec. H1701 (daily ed. Mar. 13, 2008). The bill was referred to the Committee on Energy and Commerce and to the Committee on Ways and Means.
  • H.R. 5646 (Broun, R-Ga.) (hunting and firearms)would address the right of individuals to carry firearms and ammunition in units of the National Park System and the National Wildlife Refuge System and would require that hunting activities be in all management plans for federal land to the extent that such use is not clearly incompatible with the purposes for which the land is managed. 154 Cong. Rec. H1770 (daily ed. Mar. 14, 2008). The bill was referred to the Committee on Natural Resources.
  • H.R. 5648 (Goodlatte, R-Va.) (wildland fire emergency suppression fund)would amend the Cooperative Forestry Assistance Act of 1978 to establish a federal wildland fire emergency suppression fund to facilitate accountable fire suppression activities by the Secretary of Agriculture and the Secretary of the Interior to unanticipated large fire events; to encourage enhanced management efficiencies and cost controls of wildland fire suppression; and to reduce the risk of catastrophic wildfire to communities. 154 Cong. Rec. H1771 (daily ed. Mar. 14, 2008). The bill was referred to the Committee on Agriculture and 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 New Hampshire Oklahoma Texas
Alaska Georgia Massachusetts New Jersey Oregon Vermont
Arizona Indiana Michigan New Mexico Pennsylvania Washington
Arkansas Iowa Minnesota North Carolina Rhode Island Wisconsin
California Kentucky Missouri Ohio Tennessee Wyoming
Colorado Louisiana Montana      

ALABAMA

Air:

  • The Alabama Department of Environmental Management will conduct a public hearing to consider revisions to Division 3 rules concerning NESHAPs for source categories, designated emissions standards, and other air quality rules. The hearing will be held May 9, 2008. Comments are due May 9, 2008. Seehttp://www.adem.state.al.us//PublicNotice/Mar/Div3.htm
  • The Alabama Department of Environmental Management is providing the opportunity for interested persons to request a public hearing and comment on proposed revisions to the Alabama SIP to address regional haze issues in Alabama. If requested, a hearing will be held April 23, 2008. Comments are due April 25, 2008. Seehttp://www.adem.state.al.us//PublicNotice/Mar/3SIP.htm

ALASKA

Fisheries:

  • On March 8, 2008, the Alaska Board of Fisheries adopted as emergency regulations changes in Title 5 of the Alaska Administrative Code dealing with a George Inlet guided sport ecotourism Dungeness crab fishery, aquarium stocking permit requirements, and statewide guided sport ecotourism fishing requirements including: 1) 5 AAC 41.500, a new regulation that allows for aquarium stocking and the requirements necessary for the use and application of an Aquarium stocking permit; 2) 5 AAC 41.599, a new regulation that defines terms used in 5 AAC 41; 3) 5 AAC 47.090, a new regulation that creates a superexclusive guided sport fish ecotourism Dungeness crab fishery in George Inlet, in the Ketchikan Area; and 4) 5 AAC 75.085, a new regulation that specifies the statewide requirements regarding guided sport ecotourism fishing. The emergency regulations took effect March 14, 2008 and will expire July 11, 2008 unless made permanent. Seehttp://notes4.state.ak.us/pn/pubnotic.nsf/1604e1912875140689256785006767f6/f48b83ad9506c54c892574100082afa9?OpenDocument

ARIZONA

Hazardous & Solid Wastes:

  • The Department of Environmental Quality gives notice of a rulemaking docket concerning amendments to state hazardous waste rules that incorporate the text of federal regulations to cover changes in the federal regulations through at least June 30, 2007. Seehttp://www.azsos.gov/public_services/Register/2008/10/docket.pdf(p. 753)
  • The Department of Environmental Quality gives notice of a rulemaking docket opening. This rule will amend the existing rule regarding the scoring of sites for placement on the Water Quality Assurance Revolving Fund Registry. The current site scoring rule incorporates by reference an eligibility and evaluation site scoring model that was established in October 1996. ADEQ plans to update the current rule (R18-16-202) with a new eligibility and evaluation site scoring model. Seehttp://www.azsos.gov/public_services/Register/2008/12/docket.pdf(p. 849)

Land Use:

Water:

  • The Department of Environmental Quality, Safe Drinking Water Division, is proposing new rule R18-4-121 as a companion rulemaking to the other current notice of proposed rulemaking affecting 18 A.A.C. 4. The text of R18-4-121, incorporating 40 CFR 141, Subpart S, was inadvertently left out of the companion rulemaking, although the preamble of the rulemaking discusses the rule. Seehttp://www.azsos.gov/public_services/Register/2008/10/proposed.pdf(pp. 749-750)

ARKANSAS

Air:

Fisheries:

Toxic Substances:

Water:

CALIFORNIA

Toxic Substances:

  • The Office of Spill Prevention and Response within the Department of Fish and Game is soliciting public comment on the proposal to amend Sections 791, 791.7, and 795 in Subdivision 4, Chapter 2, Subchapter 1 of Title 14 of the California Code of Regulations, as well as numerous forms. These sections and forms pertain to California Certificates of Financial Responsibility. If requested, a hearing will be held. Comments are due April 29, 2008. Seehttp://www.oal.ca.gov/pdfs/notice/11z-2008.pdf(pp. 364-366)
  • The Office of Spill Prevention and Response within the Department of Fish and Game is soliciting public comment on the proposal to amend Sections 815.05, 818.02, 825.05, and 827.02 in Subdivision 4, Title 14 of the California Code of Regulations. These sections pertain to oil spill contingency plan requirements. If requested, a hearing will be held. Comments are due April 29, 2008. Seehttp://www.oal.ca.gov/pdfs/notice/11z-2008.pdf(pp. 366-368)

COLORADO

Air:

  • The Air Quality Control Commission will hold a public rulemaking hearing to consider proposed revisions to its Regulation Number 3, Part E, IV.B to limit the exemption in the Best Available Retrofit Technology analysis from considering post-combustion controls for NOx to only coal fired power plants and boilers. The hearing will be held May 14, 2008. Comments are due April 30, 2008. Seehttp://www.cdphe.state.co.us/op/aqcc/hearingnotices/Noticemayreg3.pdf

Hazardous & Solid Wastes:

  • The Department of Public Health and Environment, Hazardous Materials and Waste Management Division, has adopted changes to 6 CCR 1007-2 Solid Waste Disposal Sites And Facilities Siting of Hazardous Waste Disposal Sites Inspection of Commercial Hazardous Waste Disposal Sites. This rule change became effective March 30, 2008. Seehttp://www.sos.state.co.us/CCR/RegisterContents.do?Volume=31&Month=3&Year=2008
  • The Department of Public Health and Environment, Hazardous Materials and Waste Management Division, has adopted changes to 6 CCR 1007-3 Part 261 Hazardous Waste - Identification and Listing of Hazardous Waste, Part 262 Hazardous Waste - Standards Applicable to Generators of Hazardous Waste, Part 265 Hazardous Waste - Interim Status Standards For Owners And Operators Of Hazardous Waste Treatment, Storage, And Disposal Facilities, and Part 265 Hazardous Waste - Interim Status Standards For Owners And Operators Of Hazardous Waste Treatment, Storage, And Disposal Facilities. These changes became effective March 30, 2008. Seehttp://www.sos.state.co.us/CCR/RegisterContents.do?Volume=31&Month=3&Year=2008

Water:

FLORIDA

Water:

  • The Department of Environmental Protection is proposing changes to 62-304.415 - Lower St. Johns River Basin (LSJR) TMDLs. The purpose of the proposed rule is to revise the TMDL, and its allocation, for the Lower St. Johns River for Total Phosphorus and Total Nitrogen. The nutrient TMDLs for the marine and fresh water portions of the LSJR are being revised to implement the Site-Specific Alternative Criteria for Dissolved Oxygen that was adopted for the marine portion of the river and to address changes to the allocation that were made during development of the Basin Management Action Plan. If requested, a hearing will be held April 18, 2008. Seehttps://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2008/3412/SECTII.pdf(pp. 1677-1678)

GEORGIA

Hazardous & Solid Wastes:

  • The Environmental Protection Division of the Department of Natural Resources will conduct a public hearing to consider amendments to Georgia’s Rules for Hazardous Waste Management, Chapter 391311, concerning Identification and Listing of Hazardous Waste. The hearing will be held April 15, 2008. Comments are due April 29, 2008. Seehttp://www.gaepd.org/environet/11/notice.pdf

INDIANA

Hazardous & Solid Wastes:

  • The Solid Waste Management Board has adopted numerous new rules to implement certain provisions of Public Law 154-2005 (Senate Enrolled Act 279) with regard to solid waste processing facilities and clarification and transition language for these provisions consistent with the regulatory scheme of329 IAC 11. Seehttp://www.in.gov/legislative/iac/20080312-IR-329050297FRA.xml.html

Water:

IOWA

Toxic Substances:

  • The Petroleum Underground Storage Tank Fund Board is soliciting public comment on proposed amendments to Chapter 11, “Claims,” Iowa Administrative Code. The proposed amendment modifies rules and procedures for the reimbursement of claims for the removal of eligible upgraded underground storage tanks pursuant to Iowa Code Supplement section 455G.9(1)“l.” Comments are due April 1, 2008. Seehttp://www.legis.state.ia.us/Rules/Current/Bulletin/IAB080312.pdf(pp. 1391-1392)

KENTUCKY

Water:

  • The Division of Water will conduct a public hearing on proposed amendments to 401 KAR 9:010 Section 401 Individual Water Quality Certification public notice and 401 KAR 9:020 Section 401 Water Quality Certification Fees. The hearing will be held April 22, 2008. Comments are due April 30, 2008. See http://www.water.ky.gov/publicassistance/hearings/

LOUISIANA

Air:

  • The Department of Environmental Quality has adopted amendments to the air regulations, LAC 33:III.701, 703, and 711. This rule updates the Louisiana air quality regulations to include the revised NAAQS particle standards. Seehttp://www.doa.la.gov/osr/reg/0803/0803.doc(pp. 433-434)

Hazardous & Solid Wastes/Toxic Substances:

  • The Department of Environmental Quality has adopted a renewal of and revision to Emergency Rule MM004E2, which was effective on November 15, 2007, and published in the Louisiana Register on November 20, 2007. This revision adds additional solid waste and underground storage tank violations to LAC 33:I.807, clarifies various existing violations, and adjusts existing penalty amounts to be consistent for similar violations. Seehttp://www.doa.la.gov/osr/reg/0803/0803.doc(pp. 377-383)

MAINE

Hazardous & Solid Wastes:

  • The Board of Environmental Protection is soliciting public comment on the proposal to amend Ch. 900 of its biomedical waste rules. The Board is proposing in these amendments to eliminate outdated incineration standards, eliminate all references to biomedical waste disposal, propose an annual registration fee for all generators, adopt the Department's rules for processing applications by reference and finally to allow properly packaged sharps to be mailed via the U. S. Postal Service to a licensed treatment facility. Comments are due April 11, 2008. Seehttp://www.maine.gov/sos/cec/rules/notices/2008/031208.htm

Water:

  • The Department of Environmental Protection has adopted amendments to rules regarding industrial pretreatment. This is a routine periodic update of an existing rule being done to maintain consistency with EPA's parallel Industrial Pretreatment Program, 40 CFR Part 403. Changes to the federal regulation, collectively referred to as the "Pretreatment Streamlining Rule", effective November 14, 2005, are incorporated therein. This change became effective March 17, 2008. Seehttp://www.maine.gov/sos/cec/rules/notices/2008/031908.htm

MASSACHUSETTS

Air:

  • The Massachusetts Department of Environmental Protection will hold public hearings on revisions to its 310 CMR 7.00 et seq. air pollution control regulations for Stage II Vapor Recovery, the  Environmental Results Program for perchloroethylene dry cleaning facilities, and the requirements for stationary engines and combustion turbines for combined heat and power projects.  Public hearings will be held April 30 and May 1, 2008. Seehttp://www.mass.gov/dep/public/hearings/08erpreg.htm

MICHIGAN

Air:

MINNESOTA

Land Use:

Toxic Substances:

Water:

  • The Pollution Control Agency adopted permanent rules relating to water quality, including 7050.0220 - Specific Water Quality Standards By Associated Use Classes, 7050.0222 - Specific Water Quality Standards For Class 2 Waters Of The State; Aquatic Life And Recreation, and 7050.0470 - Classifications For Surface Waters In Major Drainage Basins. Seehttp://www.comm.media.state.mn.us/bookstore/stateregister/32_37.pdf(pp. 1699-1728)

MISSOURI

Air:

  • The Department of Natural Resources, Air Conservation Commission, will hold a public hearing to consider amendments to 10 CSR 10-6.020 Definitions and Common Reference Tables. This rule defines key words and expressions used in chapters 1 through 6 and provides common reference tables. The purpose of this rulemaking is to update rule definitions for general maintenance of the rule by adding definitions for stage I/II vapor recovery systems and outstate area, updating the lists of volatile organic compounds and hazardous air pollutants for consistency with the latest U.S. EPA lists along with removing unused definitions and making typographical corrections. The hearing will be held April 24, 2008. Comments are due May 1, 2008. Seehttp://www.sos.mo.gov/adrules/moreg/current/2008/v33n6/v33n6a.pdf(pp. 630-643)
  • The Department of Natural Resources will conduct a public hearing to consider the adoption of amendments to 10 CSR 10-6.220 Restriction of Emission of Visible Air Contaminants. This rule specifies the maximum allowable opacity of visible air contaminant emissions, unless specifically exempt or regulated by 10 CSR 10-6.070 and requires the use of continuous opacity monitor systems on certain air contaminant sources. This amendment will remove redundant definitions, remove an outdated exemption, clarify use of methods, and update test method. The hearing will be held April 24, 2008. Comments are due May 1, 2008. Seehttp://www.sos.mo.gov/adrules/moreg/current/2008/v33n6/v33n6a.pdf(pp. 643-644)

MONTANA

Water:

  • The Fish, Wildlife and Game Department is soliciting public comment in the matter of the adoption of New Rules I through III delegating commission authority to the department to close public waters in the event of a fire emergency. A hearing may be held if requested. Comments are due April 24, 2008. Seehttp://sos.mt.gov/arm/Register/archives/MAR2008/MAR06-08.pdf(pp. 520-522)
  • The Department of Environmental Quality has extended the public comment period in the matter of the amendment of ARM 17.30.617 and 17.30.638 pertaining to outstanding resource water designation for the Gallatin River. Comments are now due July 18, 2008. Seehttp://sos.mt.gov/arm/Register/archives/MAR2008/MAR05-08.pdf(pp. 438-439)

NEW HAMPSHIRE

Water:

NEW JERSEY

Water:

  • The Department of Environmental Protection will hold public hearings on the proposal to readopt with amendments the New Jersey Pollutant Discharge Elimination System rules at N.J.A.C. 7:14A. The Department also proposes related amendments to the Standards for Individual Subsurface Sewage Disposal Systems rules, N.J.A.C. 7:9A, the Water Pollution Control Act rules, N.J.A.C. 7:14, the Ninety-Day Construction Permit rules, N.J.A.C. 7:1C, and the Department Organization rules at N.J.A.C. 7:1. The hearings will be held April 21 and May 8, 2008. Comments are due May 16, 2008. Seehttp://www.nj.gov/dep/rules/notices/031708b.html

NEW MEXICO

Water:

NORTH CAROLINA

Hazardous & Solid Wastes:

  • The Department of Environment and Natural Resources will conduct a public hearing to consider amendments to 15A NCAC 13A .0113 - The Hazardous Waste Permit Program Part 270. The Hazardous Waste Section has decided not to adopt the new Federal Standardized Permit Rule because the Rule is not a stringent as the current North Carolina permit requirements. 40 CFR 270.67, "RCRA Standardized permits for storage and treatment", references the new permit rule and therefore the Hazardous Waste Section recommends it be unadopted. The hearing will be held April 2, 2008. Seehttp://www.ncoah.com/rules/register/Volume22Issue18March172008.pdf(pp. 1597-1600)

OHIO

Hazardous & Solid Wastes:

OKLAHOMA

Air:

OREGON

General:

  • The Oregon Department of Environmental Quality (DEQ) is soliciting public comment on proposed revisions to its existing environmental enforcement regulations. These revisions describe the procedures by and conditions under which DEQ may offer “expedited enforcement” for the various DEQ programs that monitor state environmental laws. Comments are due May 15, 2008. Seehttp://www.deq.state.or.us/news/publicnotices/uploaded/080311_3511_expeditedEnforcement.pdf

PENNSYLVANIA

Air:

  • The Department of Environmental Protection is soliciting public comment on a proposed revision to the SIP for the Clearfield-Indiana 8-Hour Ozone Maintenance Area. The Department is proposing a SIP revision that explains why the methodology used to predict future emissions from stationary point sources was changed, what new methodology is being used for evaluation, and what the revised emission predictions are. If requested, a hearing will be held April 23, 2008. Comments are due April 25, 2008. Seehttp://www.pabulletin.com/secure/data/vol38/38-12/513.html
  • The Department of Environmental Protection is soliciting public comment on a proposed revision to the SIP for the York-Adams 8-Hour Ozone Maintenance Area. The maintenance plan portion of the approved SIP revision establishes motor vehicle emission budgets (MVEBs) for purposes of transportation conformity for the entire area. The Department is seeking comments on a revision to the SIP for the York-Adams area. The Department of Transportation has requested a separate MVEB for each of the two transportation planning organizations in the area, which is allowed by Federal regulations. If requested, a hearing will be held April 23, 2008. Comments are due April 25, 2008. Seehttp://www.pabulletin.com/secure/data/vol38/38-12/514.html
  • The Department of Environmental Protection is soliciting public comment on a proposed revision to the SIP for the Greene County 8-Hour Ozone Maintenance Area. The Department is proposing a SIP revision that explains why the methodology used to predict future emissions from stationary point sources was changed, what new methodology is being used for evaluation, and what the revised emission predictions are. If requested, a hearing will be held April 9, 2008. Comments are due April 11, 2008. Seehttp://www.pabulletin.com/secure/data/vol38/38-10/403.html
  • The Department of Environmental Protection is seeking comment on a SIP revision that confirms the Commonwealth's compliance with section 110(a)(2)(K) of the CAA for fine PM2.5. Section 110(a)(2)(K) requires a state's SIP to provide for the performance of air quality modeling as EPA may prescribe to predict the effect on ambient air quality of emissions of air pollutants for which a NAAQS has been established. The SIP revision identifies the Commonwealth's legal authority and obligation to attain the PM2.5NAAQS and to perform the modeling, and describes the process the Department is using to prepare and submit modeling for PM2.5, including its work with a cooperative regional consortium. Comments are due April 10, 2008. Seehttp://www.pabulletin.com/secure/data/vol38/38-10/402.html

Toxic Substances:

  • The Environmental Quality Board is soliciting public comment on the proposal to amend Chapters 218 and 240 relating to fees and to radon certification. The amendments will increase the annual fees for registration of radiation-producing machines, radiation-producing machine service providers, accelerator licenses and radioactive material licenses as well as the hourly rate professional fee associated with certain full cost recovery licenses. Comments are due April 14, 2008. Seehttp://www.pabulletin.com/secure/data/vol38/38-11/445.html

RHODE ISLAND

Fisheries:

Water:

  • The Director of the Rhode Island Department of Environmental Management will conduct a public hearing on the proposed amendments to the rules and regulations for the Narragansett Bay and Watershed Restoration Bond Fund. The proposed amendments have been drafted in order to facilitate implementation of the Narragansett Bay and Watershed Restoration Bond Fund. The hearing will be held on Monday, April 14, 2008. Seehttp://www.dem.ri.gov/programs/benviron/water/finance/other/nbbondpn.htm

TENNESSEE

Hazardous & Solid Wastes:

  • There will be a public rulemaking hearing before the Tennessee Department of Environment and Conservation, Division of Solid Waste Management, acting on behalf of the Tennessee Solid Waste Disposal Control Board, to consider the adoption and promulgation of two specific amendments to Rule Chapter 1200-1-11, concerning used oil. The hearing will be held April 14, 2008. Comments are due April 25, 2008. Seehttp://www.tn.gov/sos/rules_hearingnotices/02-20-08.pdf
  • There will be a public rulemaking hearing before the Tennessee Department of Environment and Conservation, Division of Solid Waste Management, acting on behalf of the Tennessee Solid Waste Disposal Control Board, to consider the adoption and promulgation of amendment of Tennessee Rule 1200-1-11-.08 - Fee System for Transporters, Storers, Treaters, Disposers, and Certain Generators of Hazardous Wastes and for Certain Used Oil Facilities or Transporters of Rule Chapter. The hearing will be held April 14, 2008. Comments are due April 25, 2008. Seehttp://www.tn.gov/sos/rules_hearingnotices/02-19-08.pdf

TEXAS

Air:

Water:

VERMONT

Water:

WASHINGTON

Air:

Climate:

  • The Department of Ecology and the Energy Facility Site Evaluation Council will hold public hearings on proposed rules to set emissions performance standards for power plants that emit greenhouse gases. The 2007 Washington Legislature directed the two agencies to develop and adopt the rule by June 30, 2008. This proposal will amend the following two rules to implement chapter 80.80 RCW in which the 2007 legislature directed the Department of Ecology to adopt rules by June 30, 2008, to implement and enforce a greenhouse gases emissions performance standard and to establish criteria for evaluating sequestration plans: Chapter 173-407 WAC, Carbon dioxide mitigation program for fossil-fueled thermal electric generating facilities and chapter 173-218 WAC, Underground injection control program. Hearings will be held April 8 and 10, 2008. Comments are due April 18, 2008. Seehttp://www.ecy.wa.gov/pubs/0802013.pdf

WISCONSIN

Land Use:

WYOMING

Hazardous & Solid Wastes:

  • The Department of Environmental Quality, Solid and Hazardous Waste Division, is soliciting public comment on proposed amendments to Chapters 1 through 14 of the Hazardous Waste Management Rules and Regulations to incorporate federal rules promulgated by the U.S. EPA. There are nine proposed rule provisions considered more stringent than federal rules. Pursuant to the Wyoming Environmental Quality Act [W.S.§35-11-503(a)(v)], the Department has prepared a petition to the Environmental Quality Council to approve these more stringent rule provisions. Comments are due April 15, 2008. Seehttp://deq.state.wy.us/shwd/HW/Downloads/notice%20of%20intent/NOIRev4&5final021108.pdf

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

INTERNATIONAL

CLIMATE CHANGE SUMMIT TO BE HELD IN JAPAN

Japan has announced that it will host a summit on climate change July 7-9, 2008. In addition to the G-8 countries, Australia, Brazil, China, India, Indonesia, South Korea, South Africa, and Mexico are set to participate. Attending countries are to discuss 2020 carbon dioxide emissions targets. Seehttp://uk.reuters.com/article/environmentNews/idUKT26877020080318

TUNISIA HOSTS FIRST AFRICAN WATER CONFERENCE

Tunisia hosted the first African “Water Week” on March 26-28, 2008. The conference, which was organized by the African Development Bank and the Council of African Ministers Council of Water, focused on increasing African water security. Participants were also asked to assess the extent to which the U.N. Millennium development goals would be met by 2015. Seehttp://allafrica.com/stories/200803280621.html

E.U. TO NEGOTIATE FOR U.S. AIRLINES TO BUY EMISSIONS CREDITS

European Union (E.U.) Transport Commissioner Jacques Barrot announced this month that in the future, U.S. carriers flying to Europe may need to buy E.U. carbon credits if the U.S. does not adopt a similar system. The move is intended to even the playing field for European airlines, which are required to participate in the carbon-trading emissions scheme. Airlines and transport officials are paying close attention to this issue because limits on transatlantic flights were lifted last weekend. Seehttp://www.guardian.co.uk/environment/2008/mar/15/carbonemissions.travelandtransport

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

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