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Weekly Update Volume 39, Issue 14

05/18/2009

LITIGATION

RCRA, INJUNCTIONS:



The Tenth Circuit upheld a lower court decision denying Oklahoma's motion to preliminarily enjoin a food producer from disposing of poultry waste on lands within the Illinois River watershed. The lower court ruled that Oklahoma failed to establish a causal link between the land application of poultry litter and bacteria in the watershed. Accordingly, it ruled that the state could not demonstrate a likelihood of success on its claim that the land application of poultry litter may present an imminent and substantial danger under RCRA. There is sufficient record evidence to support the lower court's ruling under an abuse of discretion standard of review. In addition, the lower court did not err in discounting certain expert testimony offered by the state as insufficiently reliable. Attorney General of Oklahoma v. Tyson Foods, Inc., No. 08-5154, 39 ELR 20104 (10th Cir. May 13, 2009).


ELECTRICITY, RATE SETTING:



The D.C. Circuit denied a petition challenging FERC's approval of the Electric Reliability Organization's (ERO's) method for allocating costs based on net energy for load. The ERO was created under §215 of the Federal Power Act to establish and enforce electric reliability standards for the nation’s bulk-power system. The ERO's proposed method for distributing costs among customers of electric energy is based on net energy for load, which allocates costs on the basis of energy consumption alone. A petitioner argued that the proposed method departs from FERC's traditional two-part transmission rate precedent and would inequitably distribute the ERO's costs among electric energy customers. The petitioner sought a cost allocation method that, like FERC's traditional transmission rate structure, is composed of a demand charge and an energy charge. The demand component, which incorporates the capacity costs of generation, reflects the fixed investment that load-serving entities must make in order to meet peak customer demand. The energy component incorporates the variable costs of operating and generating electric power. However, FERC determined that the ERO's proposed method equitably allocates its costs among electric energy users. Given the highly deferential standard of review for matters of ratemaking, FERC's decision was neither arbitrary nor capricious under the APA. And FERC adequately explained any departure from its transmission rate precedent. Alcoa, Inc. v. Federal Energy Regulatory Comm'n, No. 06-1426, 39 ELR 20103 (D.C. Cir. May 8, 2009).


FALSE CLAIMS ACT, ROYALTIES:



The Tenth Circuit reversed a lower court decision dismissing a number of qui tam suits filed against natural gas pipeline companies and their affiliates for alleged underpayment of royalties in violation of the False Claims Act. The individual relator who filed the suits alleged that the companies underpaid royalties on the carbon dioxide (CO2) they produced from federal and Indian lands by making payments based on an artificially deflated value rather than the actual market value of CO2. The lower court found these suits jurisdictionally barred by the False Claims Act's first-to-file rule, 31 U.S.C. §3730(b)(5), because a 1996 suit had alleged the same essential facts. But while the allegations contained in the 1996 lawsuit might have been sufficient to put the government on notice of the fraud that the relator now alleges with respect to some of the current defendants, those companies were not defendants in the prior case. Without naming them as defendants, the two actions cannot be said to state the same essential claim. In re Natural Gas Royalties Qui Tam Litigation, No. 08-8004, 39 ELR 20106 (10th Cir. Mar. 17, 2009).


CONSTITUTIONAL LAW, FIRST AMENDMENT, CWA:



The Eleventh Circuit upheld the dismissal of former county water inspectors' 42 U.S.C. §1983 and First Amendment claims against their employer for unlawfully firing them. The inspectors alleged they were fired in retaliation for reporting concerns about the counties' compliance with the CWA. The U.S. Supreme Court, however, has held that the comprehensive remedies of the CWA foreclose a private right of action under §1983. In addition, the inspectors' job-related water inspection reports were not protected by the First Amendment because the inspectors did not speak as citizens. To state a claim that a government employer took disciplinary action in retaliation for constitutionally protected speech, a public employee must prove, as a threshold matter, that the employee spoke as a citizen on a matter of public concern. Here, the inspectors' reports about sewer overflows concerned investigations that were performed for the purpose of fulfilling their assigned job duties. Abdur-Rahman v. Walker, No. 08-12345, 39 ELR 20105 (11th Cir. May 11, 2009).


Copyright© 2009, Environmental Law Institute, Washington, D.C. All rights reserved.


THE FEDERAL AGENCIES

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


AIR:



  • EPA announced that it delayed the effective date of the PSD and new source review aggregation amendments to May 18, 2010. 74 FR 22693 (5/14/09).

  • EPA amended the requirements on the delegation of the Administrator's authorities and responsibilities to implement and enforce emission standards for certain states under the CAA. 74 FR 22437 (5/13/09).

  • EPA proposed amendments to the transportation conformity rule that primarily affect the rule's implementation in particulate matter and carbon monoxide nonattainment and maintenance areas. 74 FR 23024 (5/15/09).

  • EPA proposed to amend the requirements on the delegation of the Administrator's authorities and responsibilities to implement and enforce emission standards for certain states under the CAA; see above for direct final rule. 74 FR 22478 (5/13/09).

  • EPA proposed to stay the effectiveness of the Clean Air Interstate Rule (CAIR) and the CAIR federal implementation plan for the state of Minnesota only. 74 FR 22147 (5/12/09).

  • SIP Approval: New Jersey (reasonably available control measure analysis and reasonable further progress plans and associated ozone projection year emission inventories, contingency measures, and conformity budgets for planning purposes for 2008) 74 FR 22837 (5/15/09).

GENERAL:



  • EPA terminated the National Environmental Performance Track Program as of May 14, 2009. 74 FR 22741 (5/14/09).

HAZARDOUS & SOLID WASTE:



  • EPA entered into a proposed administrative settlement under CERCLA for past U.S. response costs incurred at the Swift Thermometer Superfund site in Dickson, Tennessee. 74 FR 22547 (5/13/09).

  • EPA gave final authorization to Texas' hazardous waste management program. 74 FR 22469 (5/13/09).

  • EPA proposed giving final authorization to Texas' hazardous waste management program; see above for direct final rule. 74 FR 22490 (5/13/09).

OFFICE OF THE PRESIDENT:



  • The President issued Executive Order No. 13508 establishing a Federal Leadership Committee to oversee a comprehensive program to develop and coordinate the programs and activities of agencies participating in the protection and restoration of the Chesapeake Bay. 74 FR 23097 (5/15/09).

PESTICIDES:



  • EPA provided a progress report on the status of pesticide reregistration and tolerance reassessment for fiscal year 2008 as required by FIFRA. 74 FR 22541 (5/13/09).

PUBLIC LAND:



  • FWS proposed subsistence management regulations for public lands in Alaska for 2010-2011 and 2011-2012. 74 FR 22867 (5/15/09).

RULEMAKING:



  • The federal agencies issued their semiannual regulatory agendas providing specific information on the status of regulations under development and revision. Rulemaking actions are grouped according to prerulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the November 2008 agenda. EPA's agenda can be found at 74 FR 21992 (5/11/09).

WILDLIFE:



  • FWS proposed to reclassify the Oregon chub from endangered to threatened under the ESA due to improvement in the status of the species. 74 FR 22870 (5/15/09).

DOJ NOTICES OF SETTLEMENT:



  • United States v. Anadarko Petroleum Corp., No. 09-CV-100-D (D. Wyo. May 7, 2009). Settling CWA and OPA defendants must pay a $1,050,000 civil penalty and must pay $8,717,500 in injunctive relief for unauthorized discharges of oil from their onshore, non-transportation, oil production facilities in Wyoming and Montana. 74 FR 22587 (5/13/09).

  • United States v. Emma B. Masset, No. 08 Civ. 6336 (SCR) (S.D.N.Y. May 5, 2009). A settling CERCLA defendant must pay, over a two-year period, a total of $184,000 for U.S. response costs incurred at the Westwood Chemical Corp. Superfund site in Orange County, New York. 74 FR 22587 (5/13/09).

Copyright© 2009, Environmental Law Institute, Washington, D.C. All rights reserved.


THE CONGRESS

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


Committee Action



  • H.R. 689 (land exchange) was reported by the Committee on Natural Resources. H. Rep. No. 111-108, 155 Cong. Rec. H5663 (daily ed. May 14, 2009). The bill would interchange the administrative jurisdiction of certain federal lands between the U.S. Forest Service and BLM.

Bills Introduced



  • S. 1014 (Collins, R-Me.) (Water Resources Development Act) would amend the Water Resources Development Act of 2007 to make technical corrections to a provision relating to project deauthorizations. 155 Cong. Rec. S5327 (daily ed. May 11, 2009). The bill was referred to the Committee on Environment and Public Works.

  • S. 1017 (Landrieu, D-La.) (national heritage area) would reauthorize the Cane River National Heritage Area Commission and expand the boundaries of the Cane River National Heritage Area in the state of Louisiana. 155 Cong. Rec. S5328 (daily ed. May 11, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1018 (Landrieu, D-La.) (national parks) would authorize the Secretary of the Interior to enter into an agreement with Northwestern State University in Natchitoches, Louisiana, to construct a curatorial center for the use of Cane River Creole National Historical Park, the National Center for Preservation Technology and Training, and the University. 155 Cong. Rec. S5328 (daily ed. May 11, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1030 (Lincoln, D-Ark.) (energy) would amend the Internal Revenue Code of 1986 to eliminate the reduction in the credit rate for certain facilities producing electricity from renewable resources. 155 Cong. Rec. S5435 (daily ed. May 13, 2009). The bill was referred to the Committee on Finance.

  • S. 1035 (Reid, D-Nev.) (drinking water) would enhance the ability of drinking water utilities in the United States to develop and implement climate change adaptation programs and policies. 155 Cong. Rec. S5435 (daily ed. May 13, 2009). The bill was referred to the Committee on Environment and Public Works.

  • S. 1041 (Murkowski, R-Alaska) (oil transportation) would amend the Oil Pollution Act of 1990 to modify the applicability of certain requirements to double-hulled tankers transporting oil in bulk in Prince William Sound, Alaska. 155 Cong. Rec. S5501 (daily ed. May 14, 2009). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • H.R. 2347 (Hoyer, D-Md.) (energy) would encourage the manufacture and use of efficient and advanced electric transmission cables. 155 Cong. Rec. H5483 (daily ed. May 12, 2009). The bill was referred to the Committee on Energy and Commerce and the Committee on Science and Technology.

  • H.R. 2348 (Hoyer, D-Md.) (energy) would amend the Internal Revenue Code of 1986 to encourage investment in electric transmission technologies that improve the efficiency of power delivery. 155 Cong. Rec. H5483 (daily ed. May 12, 2009). The bill was referred to the Committee on Ways and Means.

  • H.R. 2353 (Chafetz, R-Utah) (energy) would require electric utilities to notify electric consumers of the cost of emission allowances associated with the electricity delivered to such consumers. 155 Cong. Rec. H5483 (daily ed. May 12, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2359 (Engel, D-N.Y.) (alternative fuels) would ensure parity between the temporary duty imposed on ethanol and tax credits provided on ethanol. 155 Cong. Rec. H5484 (daily ed. May 12, 2009). The bill was referred to the Committee on Ways and Means.

  • H.R. 2364 (DeFazio, D-Or.) (CAA) would amend CAA §211(o) to change the definition of renewable biomass in the renewable fuel program. 155 Cong. Rec. H5484 (daily ed. May 12, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2372 (Paulsen, R-Minn.) (nuclear waste) would amend the Nuclear Waste Policy Act of 1982 to require the President to certify that the Yucca Mountain site remains the designated site for the development of a repository for the disposal of high-level radioactive waste. 155 Cong. Rec. H5484 (daily ed. May 12, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2383 (Fleming, R-La.) (national heritage area) would reauthorize the Cane River National Heritage Area Commission and expand the boundaries of the Cane River National Heritage Area in the state of Louisiana. 155 Cong. Rec. H5580 (daily ed. May 13, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2384 (Fleming, R-La.) (national parks) would authorize the Secretary of the Interior to enter into an agreement with Northwestern State University in Natchitoches, Louisiana, to construct a curatorial center for the use of Cane River Creole National Historical Park, the National Center for Preservation Technology and Training, and the University. 155 Cong. Rec. H5580 (daily ed. May 13, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2385 (Christensen, D-V.I.) (energy) would require the Secretary of Energy to assemble a team of technical, policy, and financial experts to address the energy needs of the insular areas of the United States and the Freely Associated States through the development of action plans aimed at reducing reliance on imported fossil fuels and increasing use of indigenous clean-energy resources. 155 Cong. Rec. H5580 (daily ed. May 13, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2386 (Sablan, D-M.P.) (emissions) would amend the Energy Policy Act of 2005 to include American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the Virgin Islands in certain efforts to reduce diesel emissions. 155 Cong. Rec. H5580 (daily ed. May 13, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2395 (Engel, D-N.Y.) (alternative fuels) would enable state and local promotion of natural gas, flexible fuel, and high-efficiency motor vehicle fleets. 155 Cong. Rec. H5581 (daily ed. May 13, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2407 (Gordon, D-Tenn.) (climate) would establish a National Climate Service at NOAA. 155 Cong. Rec. H5664 (daily ed. May 14, 2009). The bill was referred to the Committee on Science and Technology.

  • H.R. 2409 (Peterson, D-Minn.) (CAA) would amend CAA §211(o), concerning the renewable fuel program. 155 Cong. Rec. H5664 (daily ed. May 14, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2420 (Burgess, R-Tex.) (TSCA) would amend TSCA to regulate the use of certain substances in electrical products and equipment in interstate and foreign commerce. 155 Cong. Rec. H5664 (daily ed. May 14, 2009). The bill was referred to the Committee on Energy and Commerce.

  • H.R. 2430 (Hastings, R-Wash.) (fisheries) would direct the Secretary of the Interior to continue stocking fish in certain lakes in the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. 155 Cong. Rec. H5665 (daily ed. May 14, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2439 (Lobiondo, R-N.J.) (oil and gas leases) would prohibit the Secretary of the Interior from issuing oil and gas leases on portions of the outer continental shelf located off the coast of New Jersey. 155 Cong. Rec. H5665 (daily ed. May 14, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2442 (Miller, D-Cal.) (water) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to expand the Bay Area Regional Water Recycling Program. 155 Cong. Rec. H5665 (daily ed. May 14, 2009). The bill was referred to the Committee on Natural Resources.

Copyright© 2009, Environmental Law Institute, Washington, D.C. All rights reserved.


IN THE STATES

Note: The entries below cover state developments since the last issue of Update. The entries are arranged by state, and within each section, entries are further subdivided by subject matter area. To access material previously reported in 2009, visit our list of Cumulative State Developments. For state material reported prior to 2009, visit the ELR Archives.


The states below have updates this week:













California Massachusetts North Carolina
Indiana Nevada Virginia
Illinois New Mexico  

CALIFORNIA


Air:



  • The Air Resources Board will hold a public hearing on its proposal to adopt new regulations at Cal. Code Regs. tit. 13, §§2620, 2621, 2622, 2623, 2624, 2625, 2626, 2627, 2628, 2629, and 2630, implementing Assembly Bill 118, the Enhanced Fleet Modernization Program. The proposal would remove existing state requirements that vehicles must be subject to and fail smog check in order to participate in the program. Staff also proposed a pilot voucher program that would target the highest-emitting vehicles and ensure their replacement with newer, cleaner vehicles. The hearing will be held June 25-26, 2009. See http://www.arb.ca.gov/regact/2009/carscrap09/carscrap09.htm and http://www.oal.ca.gov/pdfs/notice/19z-2009.pdf (pp. 690-92)

  • The Air Resources Board will hold a public hearing on proposed adoption of and amendments to Cal. Code Regs. tit. 17, §§95104, 95200, 95201, 95202, 95203, 95204, 95205, 95206, and 95207. The changes would impose fees on sources of greenhouse gas (GHG) emissions to carry out Assembly Bill 32, the California Global Warming Solutions Act of 2006, and amend the existing Regulation for the Mandatory Reporting of GHG Emissions. The hearing will be held June 25-26, 2009. See http://www.arb.ca.gov/regact/2009/feereg09/feereg09.htm and http://www.oal.ca.gov/pdfs/notice/19z-2009.pdf (pp. 701-05)

  • The Air Resources Board will hold a public hearing on proposed adoption of new regulations Cal. Code Regs. tit 17, §§95600, 95601, 95602, 95603, 95604, and 95605, Cool Car Standards and Test Procedures. The proposed regulations would set standards for vehicle window glazing. Solar management glazing reduces the amount of radiant heat that enters the vehicle, allowing the interior temperature to remain cooler and reducing the load on the engine from the air conditioner. This would enable the use of a smaller, more efficient air conditioner, which results in lower greenhouse emissions. The hearing will be held June 25-26, 2009. See http://www.arb.ca.gov/regact/2009/coolcars09/coolcars09.htm and http://www.oal.ca.gov/pdfs/notice/19z-2009.pdf (pp. 705-08)

  • The Air Resources Board will hold a public hearing on proposed adoption of Cal. Code Regs. tit. 17, §§95460, 95461, 95462, 95463, 95464, 95465, 95466, 95467, 95468, 95469, 95470, 95471, 95472, 95473, 95474, 95475, and 95476, Methane Emissions from Municipal Solid Waste (MSW) Landfills. The proposed regulations apply to active, inactive, and closed MSW landfills that received solid waste after January 1, 1977, and have at least 450,000 tons of waste in place. The hearing will be held June 25-26, 2009. See http://www.arb.ca.gov/regact/2009/landfills09/landfills09.htm and http://www.oal.ca.gov/pdfs/notice/19z-2009.pdf (pp. 708-713)

  • The South Coast Air Quality Management District will hold a public hearing on proposed amendments to Regulation III, Fees. Fee adjustments are proposed for specific programs, including: voluntary expedited review requests for Procedure 4 and 5 Plans; Rule 2202 Employee Commute Reduction Program training classes; review and enforcement of Smoke Management Plans, Burn Management Plans, Emergency Burn Plans, and Post Burn Evaluation Reports; Voluntary High Average Vehicle Ridership No-Fault Inspections requests; and requests for amendment of Employee Commute Reduction Program plans. The adjustments would also increase the additional-day fee for appeal petitions to establish parity with Group Variance additional-day fee petitions, establish new equipment categories for boilers fired on landfill/digester gas, and reclassify the fee schedule for "Plasma Arc Cutting." The hearing will be held June 5, 2009. See http://www.aqmd.gov/pub_edu/nph_regiii_Jun_5_09.html

  • The South Coast Air Quality Management District will hold a public hearing on proposed adoption of Rule 433, Natural Gas Quality. The objectives of the proposed rule are to monitor and determine the effects of new supplies of imported liquefied natural gas (LNG) on the quality of natural gas being supplied to end users, and to mitigate increases of air pollutant emissions caused by natural gas quality changes. The proposed rule would require affected operators to prepare and submit a gas quality monitoring plan, which includes monitoring locations, sampling methods, and calculations, and an LNG rollout plan, which includes past and future actions. The hearing will be held June 5, 2009. See http://www.aqmd.gov/pub_edu/nph_433_Jun_5_09.html

  • The South Coast Air Quality Management District will hold a public hearing on proposed amendments to Rule 1401, New Source Review of Toxic Air Contaminants and Impact Assessment for Facilities Subject to Rule 1402, Control of Toxic Air Contaminants from Existing Sources. The amendments would add ethyl benzene as a carcinogen to the list of toxic air contaminants and reduce adverse public health impacts associated with exposure to ethyl benzene emissions, primarily from fuel storage and transfer, fuel combustion, coatings, and chemical processes. The hearing will be held June 5, 2009. See http://www.aqmd.gov/pub_edu/nph_1401_Jun_5_09.html

Water:



  • The Board of Forestry and Fire Protection will hold a public hearing on proposed amendments to Cal. Code Regs. tit. 14, §§916.9, 936.9, and 956.9, Protection and Restoration in Watersheds with Threatened or Impaired Values. These regulations define planning and operational requirements for timber harvesting in planning watersheds where state or federally listed threatened, endangered, or candidate populations of anadromous salmonids are present or where they can be restored. The hearing will be held June 24, 2009. See http://www.oal.ca.gov/pdfs/notice/19z-2009.pdf (pp. 696-99)

Wildlife:



  • The Fish and Game Commission will hold a public hearing on proposals to amend Cal. Code Regs. tit. 14, §670.5, Animals of California Declared to be Endangered or Threatened. The amendments would add the longfin smelt to the list of threatened fish. The hearing will be held June 25, 2009. See http://www.oal.ca.gov/pdfs/notice/19z-2009.pdf (pp. 699-701)

ILLINOIS


Hazardous & Solid Waste:



  • The Illinois Environmental Protection Agency adopted amendments to Ill. Admin. Code tit. 35, §1450, Procedures for Operation of the Potentially Infectious Medical Waste Transporter Fee System. The amendments remove the reference to a specific fee amount and replace it with a generic reference to the fee required. Also, in response to an adjusted standard granted by the Illinois Pollution Control Board, language is added allowing the Agency to provide the same change by permit. See http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue19.pdf (pp. 6515-524)

INDIANA


Air:



  • The Air Pollution Control Board proposed amendments to 326 Ind. Admin. Code 16-1-2, 16-1-3, and 16-1-4, and the addition of 326 Ind. Admin. Code 16-2.1, concerning implementation of Indiana's environmental impact review law for major state actions that may significantly affect the quality of the human environment. See http://www.in.gov/legislative/iac/20090513-IR-326080208PRA.xml.html

MASSACHUSETTS


Hazardous & Solid Waste:



  • The Department of Environmental Protection promulgated new rules at 314 Mass. Code Regs. 19.00, Oil Spill Prevention and Response Regulations. The Department's emergency oil spill prevention and response regulations provide for 24-hour notice of intent for tank vessels carrying 6,000 barrels or more of oil in Buzzards Bay.  The new rules make the oil spill prevention and response regulations effective beyond the three-month time period that the emergency regulation is in effect, but do not include provisions related to rescue tug services. See http://www.mass.gov/dep/cleanup/laws/spillact.htm#tugreg

Wildlife:



  • The Department of Environmental Protection proposed rules to 310 Mass. Code Regs. 10.00 and 314 Mass. Code Regs. 9.00, Water Quality Certification Regulations. The proposed amendments are intended to address the infestation of the Asian Longhorn Beetle in central Massachusetts.  The amendments would make permanent the emergency regulations that were promulgated earlier this year, and allow for work in wetlands in order to eradicate an infestation of Asian longhorned beetles. See http://www.mass.gov/dep/service/regulations/newregs.htm#bettle

NEVADA


Air:



  • The State Environmental Commission adopted amendments to Nev. Admin. Code §445, relating to air quality. The amendments define the term "best available retrofit technology" for certain purposes relating to regional haze and set the standards for emission limitation for that technology for certain sources. See http://www.leg.state.nv.us/register/2008Register/R190-08A.pdf

Hazardous & Solid Waste:



  • The State Environmental Commission adopted amendments to Nev. Admin. Code §444.8427, relating to hazardous waste. The changes amend provisions governing the generation, transportation, treatment, storage, disposal, and management of hazardous waste to provide that references to the U.S. Code of Federal Regulations refer to the Code of Federal Regulations as they exist on July 1, 2008. The amendments also adopt other provisions by reference. See http://www.leg.state.nv.us/register/2008Register/R153-08A.pdf

NEW MEXICO


Air:



  • The Environmental Improvement Board adopted amendments to N.M. Code R. §§20.2.99.2, 20.2.99.7, 20.2.99.111, 20.2.99.112, 20.2.99.113, 20.2.99.115, 20.2.99.122, 20.2.99.124, 20.2.99.125, 20.2.99.128, 20.2.99.133, 20.2.99.134, 20.2.99.135, 20.2.99.137, 20.2.99.138, 20.2.99.139, 20.2.99.140, 20.2.99.148, and 20.2.99.151, Conformity to the State Implementation Plan of Transportation Plans, Programs, and Projects. The provisions apply to all nonattainment and maintenance areas for transportation-related criteria pollutants for which the area is designated nonattainment or has a maintenance plan. Also, the provisions apply to emissions of ozone, carbon monoxide, nitrogen dioxide, and particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) and particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM2.5). See http://www.nmcpr.state.nm.us/nmregister/xx/xx09/20.2.99amend.htm

NORTH CAROLINA


Water:



  • The Commission for Public Health will hold a public hearing on proposed amendments to 15A N.C. Admin. Code 18C.0714, .1301- .1303, .2002, .2004, .2006- .2008, and the addition of 18C.2201 and .2202, relating to Water Supplies. In order to meet the conditions of the primacy agreement with U.S. EPA, North Carolina must adopt rules that are no less stringent than the federal regulations as required in the SDWA. The hearing will be held June 15, 2009. See http://www.ncoah.com/rules/register/Volume23Issue21May12009.pdf (pp. 2059-067)

Toxic Substances:



  • The Department of Environment and Natural Resources will hold a public hearing on proposed amendments to 15A N.C. Admin. Code 02N.0901 and 02N.0903, USTs. The amendments incorporate standards for the operation, maintenance, and testing of USTs if electronic liquid detecting sensors are used for leak detection monitoring. The hearing will be held May 28, 2009. See http://www.ncoah.com/rules/register/Volume23Issue21May12009.pdf (pp. 2056-059)

VIRGINIA


Hazardous & Solid Waste:



Toxic Substances:



Copyright© 2009, Environmental Law Institute, Washington, D.C. All rights reserved.


INTERNATIONAL

FINANCIAL CRISIS MAKING EU ENVIRONMENT ACCORD MORE DIFFICULT


The financial crisis has made it harder for the European Union (EU) to agree on an internal target for cutting greenhouse gas emissions as part of a global climate change deal, Sweden's environment minister said on Friday. The Nordic country will take the helm of the EU in the run-up to December's international climate conference in Copenhagen, which aims to unite the world behind drastic cuts in greenhouse gas emissions to prevent environmental catastrophe. "There is a growing reluctance," Environment Minister Andreas Carlgren told Reuters. "There is a risk that the EU will have problems [coming to an agreement]." For the full story, see http://www.reuters.com/article/GCA-GreenBusiness/idUSTRE54E2WF20090515

UN SEEKS TO SOLVE WORLD SEABED DISPUTES



A U.N. deadline over maritime boundaries for resolving disputes over the seabed from the South China Sea to the North Pole expired last week. A U.N. Commission that aims to set limits for national rights to everything from oil and gas to life on the ocean floor asked most coastal states to define their continental shelves (areas of shallower water offshore) by May 13. Harald Brekke, a Norwegian official who is a vice-chair of the U.N. Commission on the Limits of the Continental Shelf, said it will be the final big adaptation of the world map and the maritime limits should be fixed. However, he told Reuters they are seeing many overlapping submissions of the deadline, set in 2004, as 48 nations have made full claims and dozens more have made preliminary submissions. Using a mini-sub, Russia planted a flag on the seabed beneath the North Pole in 2007, an area Denmark is also expected to claim. Other territorial disputes have formed between Japan and Russia in the Pacific, between China and neighbors over the South China Sea, and between Britain and Argentina over the Falkland Islands in the South Atlantic. But the commission cannot decide ownership of the seabed around disputed islands, Brekke said. For full story, see http://www.redorbit.com/news/science/1687558/un_seeks_to_solve_world_seabed_disputes/index.html?source=r_science


DRAFT UN CLIMATE TEXTS MARK STEP TOWARDS TREATY


The United Nations (UN) took a step toward a new climate treaty last Friday by publishing the first draft negotiating texts outlining widely varying options for rich nations to cut greenhouse gas emissions. Two documents totaling 68 pages also laid out choices on controversial issues such as nuclear power, emissions trading, forests, shipping, or aviation in a new U.N. global warming pact due to be agreed in Copenhagen in December. "Key U.N. negotiating texts, which will form the basis of an ambitious and effective international response to climate change . . . are now available," the U.N. Climate Change Secretariat said in a statement on its website. A separate UN text, ranging from 2050 targets for world emissions to possible actions by developing nations led by China and India, will be published on May 18. All texts will be discussed at the next UN climate change talks in Bonn from June 1-12. For the full story, see http://www.reuters.com/article/environmentNews/idUSTRE54E3NJ20090515

Copyright© 2009, Environmental Law Institute, Washington, D.C. All rights reserved.


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