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Weekly Update Volume 39, Issue 16

06/08/2009

LITIGATION

CWA, WATER TRANSFER RULE:



The Eleventh Circuit held that a water district may pump polluted canal water into Florida's Lake Okeechobee without an NPDES permit. It is undisputed that the agricultural and industrial runoff in the canals contain "pollutants," that the lake and the canals are "navigable waters," and that the three pump stations at issue are "point sources." The only issue in dispute, therefore, is whether moving an existing pollutant from one navigable water body to another is an "addition . . . to navigable waters" of that pollutant under the CWA. The lower court ruled that it was and held that an NPDES was required. Since then, however, EPA adopted its water transfers rule, which states that a transfer of a pollutant from one navigable body of water to another is not a "discharge of a pollutant." The Eleventh Circuit ruled that EPA's regulation is a reasonable, and therefore permissible, construction of the CWA. The water district, therefore, need not obtain an NPDES permit to pump the canal water into Lake Okeechobee, and the lower court's decision was reversed. Friends of the Everglades v. South Florida Water Management District, No. 07-13829, 39 ELR 20118 (11th Cir. June 4, 2009).


CWA, MOUNTAINTOP MINING:



The Fourth Circuit denied an environmental group's petition for rehearing on a prior court decision in which it reversed and vacated a district court order rescinding four U.S. Army Corps of Engineers permits allowing the filling of stream waters in conjunction with mountaintop mining operations in West Virginia. In that case (39 ELR 20035), the court was asked to determine only the narrow and rather fact-specific question of whether the Corps abused its discretion in exercising its CWA §404 authority to grant four individual fill permits. As the panel fully explained in its prior opinion, the Corps' conduct did not amount to such an abuse. Ohio Valley Environmental Coalition v. Aracoma Coal Co., No. 07-1355, 39 ELR 20113 (4th Cir. May 29, 2009).


CAA, NEW SOURCE REVIEW:



A district court ordered an energy company to shut down three generating units at its Wabash River power plant in Indiana and to pay a $687,500 penalty for CAA violations. The company violated the CAA's new source review provisions when it unreasonably failed to expect a net increase of 40 tons or more of sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions as a proximate result of refurbishment projects at the three Wabash River units. The excess SO2 and NOx emissions from these units had significant health and environmental effects in Illinois, Indiana, Kentucky, Michigan, Ohio, and Wisconsin, and the evidence of environmental harm from non-permitted SO2 and NOx emissions from these units compels a finding of irreparable injury for which there is no adequate remedy at law. The balance of harms also weighs heavily in favor of a relatively immediate shutdown of those units. The court therefore ordered the company to shut down those units no later than September 30, 2009. The court also ordered the company to pay a $687,500.00 penalty for violating the Ohio SIP at the company's Beckjord plant near Cincinnati. The company must also install continuous emissions monitoring systems at the plant. United States v. Cinergy Corp., No. 1:99-cv-1693, 39 ELR 20114 (S.D. Ind. May 29, 2009) (McKinney, J.).


CERCLA, CONTRIBUTION:



The Tenth Circuit held that an individual who already recovered costs incurred responding to environmental damages at a large gold mine facility in Colorado is not entitled to contribution. The individual--the former director and president of the mining company--sought contribution for the amount he agreed to pay to settle the cost-recovery action brought against him by the United States and the state of Colorado. Because he had already recovered more than that amount from other sources, including settlements with a construction company and an insurance provider, he has no damages to recover and no right to contribution under CERCLA §113(f). The individual argued that the collateral source rule, which permits an injured plaintiff to recover more than the damages he has suffered as the result of an injury, prohibits crediting the defendants in the amount of the settlement money he already received. But the rule does not apply to §113(f) contribution actions brought by a PRP. A CERCLA contribution action is not a personal injury action by an innocent plaintiff. Instead, it is a claim between two or more culpable tortfeasors, and the policy underlying the collateral source rule—to provide the innocent party with the benefit of any windfall—is simply not advanced in such cases. The individual also argued that the lower court erred in reducing his damages by the full amount of the settlements. But because his injury and the damages he alleges in this lawsuit are the same as those addressed by the settlements, the defendants are entitled to a full credit in the amount of those settlements. Friedland v. TIC-The Industry Co., No. 08-1042, 39 ELR 20115 (10th Cir. May 29, 2009).


CERCLA, OPERATOR LIABILITY:



A district court held that a utility company is not liable under CERCLA for the cost of cleaning up pollution at nine manufactured gas plants (MGPs) in Connecticut owned by its former subsidiary. The former subsidiary sought to impose liability on the utility for pollution that occurred at the plants between 1884 and 1941. But the subsidiary failed to prove that the utility operated the MGPs or that it was involved in some sort of joint venture with the subsidiary. The utility was a vigilant parent that conducted detailed—yet not eccentric—oversight of the operations in Connecticut. And while it is true that, consistent with its status as a corporate parent, the utility provided assistance when requested and carefully oversaw the subsidiary's operations, that assistance and oversight is a far cry from managing, directing, or operating the facilities in the stead of the subsidiary or in some sort of joint venture with it. Hence, the MGPs in question were operated by the subsidiary and its employees. The court also found, in the alternative, that the subsidiary's cost recovery actions are time-barred with respect to two of the sites. Yankee Gas Services Co. v. UGI Utilities, Inc., No. 3:06-cv-01369, 39 ELR 20116 (D. Conn. May 22, 2009) (Kravitz, J.).


ESA, BIOLOGICAL OPINIONS:



A district court preliminarily enjoined FWS from restricting river flows in the Sacramento-San Joaquin Delta for purposes of protecting the threatened Delta smelt. Water districts filed suit under NEPA and the ESA challenging FWS' 2008 biological opinion for the Central Valley Project (CVP). The opinion imposes certain flow restrictions on CVP operations in the Old and Middle Rivers of the Sacramento-San Joaquin Delta. There is a strong likelihood that the districts will be able to establish that the flow restrictions will have substantial, detrimental, indirect effects on the districts, the community, and the human environment. The districts have also shown that irreparable harm will likely occur in the absence of injunctive relief, including, among other things, loss of water supplies, damage to permanent crops, groundwater overdraft, increased energy consumption, and land fallowing. The balance of the harms also tips strongly in favor of the water districts. And the public interest favors granting injunctive relief, as the harms cannot be remedied by monetary compensation, the environmental consequences cannot be avoided or reasonably mitigated, and the damage to the community is now occurring and will continue to be exacerbated. San Luis & Delta-Mendota Water Authority v. Salazar, No. 1:09-cv-407, 39 ELR 20120 (E.D. Cal. May 29, 2009) (Wanger, J.).


ESA, BIOLOGICAL OPINIONS:



A district court remanded a portion of FWS' 2008 biological opinion that approved the Bureau of Reclamation's selected operating system for a dam along the Colorado River. The 2008 opinion replaces the FWS' 1994 opinion in which it that found that the selected operating system—modified low fluctuating flow (MLFF)—violates the ESA. This is a sharp departure from FWS' longstanding opinion. The 1994 opinion clearly determined that MLFF is likely to jeopardize the continued existence of the humpback chub and to destroy or adversely modify designated critical habitat. In 2007, just one year before it issued the 2008 opinion, FWS issued a report that confirmed the adverse effects of MLFF on chub habitat. The 2008 opinion changed all of this, but without directly addressing the effect of MLFF on the chub or its habitat. The opinion never explains why FWS' long-held position is incorrect. It never discusses the many studies that seem to confirm that MLFF destroys chub habitat. While the 2008 opinion does contain at least a limited explanation of its departure from the 1994 opinion, the FWS' logic is insufficient, even under deferential APA review. FWS has until October 30, 2009, to revise the opinion. Grand Canyon Trust v. U.S. Bureau of Reclamation, No. 07-8164, 39 ELR 20117 (D. Ariz. May 26, 2009) (Campbell, J.).


NEW YORK ENVIRONMENTAL CONTAMINATION LAW:



A district court dismissed a property owner's New York Environmental Conservation Law action against the former owner for contamination at the site. The New York Environmental Conservation Law does not provide a private right of action. It only authorizes the state attorney general to enforce the statute. Kalden Construction Co. v. Hansen Aggregates New York, Inc., No. 08-CV-6200, 39 ELR 20119 (W.D.N.Y. May 29, 2009) (Siragusa, J.).


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 proposed revisions to the Renewable Fuel Standard Program that specify the volumes of cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that must be used in transportation fuel each year; add new definitions and criteria for both renewable fuels and the feedstocks used to produce them, including new greenhouse gas emission thresholds for renewable fuels; and assess greenhouse gas emission performance in determining fuels that qualify for the four different renewable fuel standards. 74 FR 24904 (5/26/09).

  • EPA proposed revisions to the new source performance standards for coal preparation and processing plants that were promulgated on April 28, 2008; the proposal would revise particulate matter emissions and opacity limits for thermal dryers, pneumatic coal-cleaning equipment, and coal-handling equipment; expand the applicability of standards to both direct and indirect contact thermal dryers; establish a sulfur dioxide and combined nitrogen oxide and carbon monoxide emission limit for thermal dryers; and establish work practice standards to control coal dust emissions. 74 FR 25304 (5/27/09).

  • EPA proposed NESHAPs for the paints and allied products manufacturing area source category based on generally available control technology or management practices. 74 FR 26142 (6/1/09).

  • EPA entered into a proposed administrative settlement under the CAA that requires it to review an EPA rule promulgating new source performance standards for new stationary compression ignition internal combustion engines. 74 FR 26863 (6/4/09).

  • EPA granted a petition for reconsideration of the final rule titled Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5) and administratively stayed a grandfathering provision of the PSD program. 74 FR 26098 (6/1/09).

  • SIP Approvals: California (attainment of the one-hour ozone NAAQS for the Ventura County nonattainment area) 74 FR 25153 (5/27/09); (emission reduction credits for nitrogen oxide (NOx) for the San Diego air pollution control district) 74 FR 26525 (6/3/09). Florida (phaseout and removal of Stage II vapor control requirements for Stage I vapor control systems for gasoline dispensing facilities) 74 FR 26103 (6/1/09). South Carolina (maintenance plan for the 1997 eight-hour ozone NAAQS for Cherokee County through 2014) 74 FR 26099 (6/1/09).

  • SIP Proposals: California (attainment of the one-hour ozone NAAQS for the Ventura County nonattainment area; see above for direct final rule) 74 FR 25200 (5/27/09); (emission reduction credits for NOx for the San Diego air pollution control district; see above for direct final rule) 74 FR 26600 (6/3/09). Kentucky (NOx SIP call Phase II) 74 FR 25686 (5/29/09). South Carolina (maintenance plan for the 1997 eight-hour ozone NAAQS for Cherokee County through 2014; see above for direct final rule) 74 FR 26141 (6/1/09).

DRINKING WATER:



  • EPA announced the revised 2010-2013 Drinking Water State Revolving Fund allotments for states, the District of Columbia, Puerto Rico, U.S. territories, American Indian tribes, and Alaska native villages, contingent upon passage of the 2010 budget. 74 FR 25531 (5/28/09).

ENERGY:



  • The Minerals Management Service proposed to update outer continental shelf leasing regulations for sulphur and oil and gas and to clarify implementation of the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996. 74 FR 25177 (5/27/09).

NEPA:



  • The Department of Commerce seeks comment on its proposed categorical exclusions from the requirement to prepare an EA or an EIS under NEPA. 74 FR 24782 (5/26/09).

PESTICIDES:



  • The Agricultural Marketing Service proposed to add exemptions for six substances and to remove one substance from the national list of allowed and prohibited substances in organic crop production and processing. 74 FR 26591 (6/3/09).

WATER:



  • EPA determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the Broad Creek, Jackson Creek, and Fishing Bay watersheds in Middlesex County, Virginia. 74 FR 26858 (6/4/09).

WILDLIFE:



  • FWS designated critical habitat for the Alabama sturgeon on approximately 524 kilometers of river fall along the Alabama and Cahaba Rivers in Autauga, Baldwin, Bibb, Clarke, Dallas, Lowndes, Monroe, Perry, and Wilcox counties, Alabama. 74 FR 26488 (6/2/09).

DOJ NOTICES OF SETTLEMENT:



  • United States v. Friction Holdings LLC, No. 09-662 (S.D. Ind. May 29, 2009). A settling CAA, RCRA, CWA, and TSCA defendant must pay a $337,500 civil penalty; must prepare and implement various sampling, monitoring, and operations plans for the wastewater at its automotive and heavy-duty wet friction material and parts manufacturing facility in Crawfordsville, Indiana; must investigate the facility's groundwater for contamination with polychlorinated biphenyls (PCBs) and other hazardous substances; must remediate two small areas of suspected PCB contamination; and must eliminate several sources of PCB contamination at the facility. 74 FR 26890 (6/4/09).

  • United States v. Georgia Pacific LLC, No. 1:09-cv-429 (W.D. Mich. May 18, 2009). A settling CERCLA defendant must pay $225,509.91 toward past U.S. response costs incurred at the OU2 disposal area of the Allied Paper/Portage Creek/Kalamazoo River Superfund site in Kalamazoo and Portage counties, Michigan, must pay all U.S. oversight costs, and must perform the EPA-selected remedy at the site. 74 FR 26732 (6/3/09).

  • United States v. Cyprus Tohono Corp., No. 4:09-cv-296 (D. Ariz. May 26, 2009). A settling CERCLA defendant must pay $825,000 to DOI and the Tohono O'odham Nation for natural resource damages at the Cyprus Tohono Mine site on the Tohono O'odham Nation reservation near North Komelik, Arizona. 74 FR 26424 (6/2/09).

  • United States v. City of Lebanon, No. 1:09-CV-180 (D.N.H. May 27, 2009). A settling CWA defendant that violated its NPDES permit must eliminate discharges from all combined sewer overflow outfalls by December 31, 2020; must achieve specific sewer separation projects on a definitive schedule; must eliminate illicit discharges; and must submit and implement a monitoring, maintenance, and corrective action plan. 74 FR 26425 (6/2/09).

  • United States v. Zelmer, Inc., No. 09-4072 (D.S.D. May 21, 2009). Settling CWA defendants that discharged pollutants without a permit into waters of the United States must pay a civil penalty; must restore the impacted areas; must perform mitigation; and must implement a stormwater compliance program. 74 FR 26257 (6/1/09).

  • In re Pielet et al., Nos. 06-01026 et al. (Bankr. N.D. Ill. May 18, 2009). Settling CERCLA defendants must provide combined allowed secured and allowed general unsecured claims totaling $8,297,687.66 for past and future U.S. response costs incurred at the Midwest Metallics site in Summit, Illinois, and the H&H Enterprises site in Gary, Indiana. 74 FR 25281 (5/27/09).

  • United States v. MI Metals, Inc., No. 8:09-cv-921 (M.D. Fla. May 20, 2009). A settling CAA defendant that violated NESHAPs must pay a $210,000 civil penalty, must modify the emissions hood on the furnace at its aluminum production facility in Oldsmar, Florida, and must retest the furnace and comply with a number of operating and monitoring requirements. 74 FR 25281 (5/27/09).

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


THE CONGRESS

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


Chamber Action



  • H.R. 325 (Avra/Black Wash Reclamation and Riparian Restoration Project), which would authorize the Secretary of the Interior to participate in the Avra/Black Wash Reclamation and Riparian Restoration Project, was passed by the House. 155 Cong. Rec. H6019 (daily ed. June 1, 2009).

  • H.R. 1120 (Central Texas Water Recycling Act of 2009), which would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Central Texas Water Recycling and Reuse Project, was passed by the House. 155 Cong. Rec. H6019 (daily ed. June 1, 2009).

  • H.R. 1393 (Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2009), which would amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects and activities under that Act, was passed by the House. 155 Cong. Rec. H6020 (daily ed. June 1, 2009).

  • H.R. 1280 (land grant patent), which would modify a land grant patent issued by the Secretary of the Interior, was passed by the House. 155 Cong. Rec. H6021 (daily ed. June 1, 2009).

  • H.R. 689 (jurisdiction of federal lands), which would interchange the administrative jurisdiction of certain federal lands between the U.S. Forest Service and BLM, was passed by the House. 155 Cong. Rec. H6022 (daily ed. June 1, 2009).

  • H.R. 2330 (Camp Hale Study Act), which would direct the Secretary of the Interior to carry out a study to determine the suitability and feasibility of establishing Camp Hale as a unit of the National Park System, was passed by the House. 155 Cong. Rec. H6023 (daily ed. June 1, 2009).

  • H.R. 2430 (fish stocks), which 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, was passed by the House.155 Cong. Rec. H6024 (daily ed. June 1, 2009).

Bills Introduced



  • S. 1172 (Brown, D-Ohio) (energy) would direct the Secretary of Energy to establish a grant program to facilitate the production of clean, renewable energy from municipal solid waste. 155 Cong. Rec. S6030 (daily ed. June 3, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1175 (Cantwell, D-Wash.) (energy) would amend the Public Utility Regulatory Policies Act of 1978 to authorize the Secretary of Energy to make loans to electric utilities to carry out projects to comply with any federal renewable electricity standard. 155 Cong. Rec. S6030 (daily ed. June 3, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1189 (Bayh, D-Ind.) (energy) would require the Secretary of Energy to conduct a study of the impact of energy and climate policy on the competitiveness of energy-intensive manufacturing and measures to mitigate those effects. 155 Cong. Rec. S6185 (daily ed. June 4, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1191 (Bayh, D-Ind.) (energy) would require the Secretary of Energy to prepare a report on climate change and energy policy in the People's Republic of China and in the Republic of India. 155 Cong. Rec. S6186 (daily ed. June 4, 2009). The bill was referred to the Committee on Energy and Natural Resources

  • H.R. 2649 (Bean, D-Ill.) (energy) 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. 155 Cong. Rec. H6074 (daily ed. June 2, 2009). The bill was referred to the Committee on Ways and Means.

  • H.R. 2659 (Christensen, D-V.I.) (land conveyance) would convey certain submerged lands to the government of the Virgin Islands. 155 Cong. Rec. H6074 (daily ed. June 2, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2662 (Heinrich, D-N.M.) (energy) would dedicate a portion of rental fees from wind and solar energy projects on BLM land for the administrative costs of processing applications for new wind and solar projects. 155 Cong. Rec. H6074 (daily ed. June 2, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 2665 (Matsui, D-Cal.) (development) would establish national centers of excellence for regional smart growth planning. 155 Cong. Rec. H6074 (daily ed. June 2, 2009). The bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 2685 (Bordallo, D-Guam) (climate) would establish a National Oceanic and Atmospheric Administration and a National Climate Enterprise. 155 Cong. Rec. H6154 (daily ed. June 3, 2009). The bill was referred to the Committee on Science and Technology and the Committee on Natural Resources.

  • H.R. 2729 (Luján, D-N.M.) (National Environmental Research Parks) would authorize the designation of National Environmental Research Parks by the Secretary of Energy. 155 Cong. Rec. H6264 (daily ed. June 4, 2009). The bill was referred to the Committee on Science and Technology.

  • H.R. 2741 (Walden, R-Or.) (Reclamation Wastewater and Groundwater Study and Facilities Act) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the city of Hermiston, Oregon, water recycling and reuse project. 155 Cong. Rec. H6265 (daily ed. June 4, 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 Florida Louisiana
Connecticut Georgia  

CALIFORNIA


Fisheries:



  • The California Fish and Game Commission will hold a public hearing on proposed amendments to Cal. Code of Regs. tit. 14, §122, relating to permits to take lobsters. The proposed regulation would clarify wording by mandating that traps used to commercially take lobster must meet the requirement of Fish & Game Code §9010. The proposal would require all lobster permit holders to maintain lobster trap buoys in such a condition that buoy identification numbers are clearly readable. The hearing will be held June 25, 2009. See http://www.oal.ca.gov/pdfs/notice/22z-2009.pdf (p. 800)

CONNECTICUT


Hazardous & Solid Wastes:



  • The Department of Environmental Protection seeks public comment on the reissuance of the General Permit for the One Day Collection of Household Hazardous Waste and Waste from Certain Generators. The current General Permit expires June 19, 2009. Written comments are due June 8, 2009. See http://www.ct.gov/dep/cwp/view.asp?A=2586&Q=439826

Water:



  • The Department of Environmental Protection will hold a public hearing on the renewal, with modifications, of the General Permit for the Discharge of Stormwater Associated with Industrial Activity (general permit). The hearing will be held June 24, 2009. See http://www.ct.gov/dep/cwp/view.asp?A=2586&Q=440290

  • The Department of Environmental Protection seeks public comment on the reissuance of the General Permit for the Discharge of Swimming Pool Wastewater. The current General Permits expire June 19, 2009. Written comments are due June 8, 2009. See http://www.ct.gov/dep/cwp/view.asp?A=2586&Q=439648

FLORIDA


Water:



  • The Florida Department of the Environment proposed to adopt new rule Fla. Admin. Code Ann. r. 62-304.415, Lower St. Johns River Basin TMDLs. This TMDL addresses fecal coliform impairments in the Lower St. Johns River Basin. Specifically, the TMDL rules being proposed for adoption are for Big Davis Creek, Big Fishweir Creek, Block House Creek, Deep Bottom Creek, Deer Creek, McCoy Creek, Miller Creek, New Castle Creek, Open Creek, Sherman Creek, Terrapin Creek, and Trout Creek (Fresh and Marine segments). If requested in writing, a hearing will be held June 30, 2009. See https://www.flrules.org/gateway/readFile.asp?sid=2&tid=7187911&type=1&File=62-304.415.htm

GEORGIA


Water:



  • The Environmental Protection Division of the Georgia Department of Natural Resources released a Water Conservation Implementation Plan for Georgia Businesses on May 27, 2009. The plan is intended to guide Georgia's seven major water use sectors in an effort to help sustain the state's water resources, to provide for a secure water supply in the future, to help Georgians use water more efficiently, and to foster a culture of conservation throughout the state. See http://www.georgiaepd.org/Files_PDF/news/WCIP%20release%20-%20FINAL%20lhead.pdf

LOUISIANA


Air:



  • The Department of Environmental Quality adopted amendments to La. Admin. Code tit. 33:III, §2117, Exemption of Volatile Organic Compounds. This rule adds the compounds propylene carbonate; dimethyl carbonate; and 1,1,1,2,2,3,4,5,5,5-decafluoro-3- methoxy-4-trifluoromethyl-pentane to the list of compounds that are exempt from the control requirement of La. Admin. Code tit. 33:III.Chapter 21. These compounds are added on the basis that they make a negligible contribution to tropospheric ozone formation. In addition to the added compounds, several chemical names are added for clarity. See http://www.doa.la.gov/osr/reg/0905/0905.pdf (p. 924)

Fisheries:



  • The Department of Wildlife and Fisheries fixed the open and close dates for the 2009 Spring Inshore Shrimp Season and has closed to recreational and commercial fishing an area located just south of Port Sulphur in Plaquemines Parish. See http://www.doa.la.gov/osr/reg/0905/0905.pdf (pp. 868-69)

Hazardous & Solid Waste:



  • The Department of Environmental Quality adopted amendments to La. Admin. Code tit. 33:VII, §§508, 709, 717, and 719, Solid Waste Buffer Zones. The regulations covering buffer zone requirements for solid waste non-processing transfer stations and solid waste processing and disposal facilities are amended to clarify who must provide permission for a waiver of buffer zone requirements. See http://www.doa.la.gov/osr/reg/0905/0905.pdf (925-926)

  • The Department of Environmental Quality adopted amendments to La. Admin. Code tit. 33:IX, §§7301, 7303, 7305, 7307, 7309, 7313, and 7395, Standards for the Use or Disposal of Sewage Sludge and Biosolids. This rule implements Act 56 of the 2008 Regular Session of the Louisiana Legislature, which transferred the registration program for haulers of domestic septage from the Department of Health and Hospitals to the Department of Environmental Quality effective July 1, 2009. The transportation requirements contain standards for vehicles that are utilized for the transportation of sewage sludge. See http://www.doa.la.gov/osr/reg/0905/0905.pdf (pp. 926-948)

Toxic Substances:



  • The Department of Agriculture and Forestry adopted amendments to La. Admin. Code tit. 7, §§103, 121, 125, 129, 143, 173, 181, and 205, relating to pesticides. The amendments add definitions and make other technical changes; provide for failure to pass an examination and cheating on examinations; change the name of the right-of-way pest control category for commercial applicators; provide a numbering system for subcategories that agricultural consultants may become certified for; repeal a restriction on application of pesticides; repeal the requirement for publication in the Louisiana Register of an annual list of pesticides that, upon disposal, are declared by U.S. EPA to be hazardous waste; and change the water monitoring frequency from monthly to quarterly and the fish tissue sampling from annually to on an as-needed basis. http://www.doa.la.gov/osr/reg/0905/0905.pdf (p. 870)

  • The Department of Agriculture and Forestry proposed amendments to La. Admin. Code tit. 33:XI, §§101 and 303, Interstitial Monitoring Requirement for Emergency Power Generator UST Systems. This rule requires UST owners and/or operators that install emergency power generator UST systems to conduct interstitial monitoring on all USTs and associated pressurized piping installed after the effective date of this regulation. See http://www.doa.la.gov/osr/reg/0905/0905.pdf (pp. 988-990)

Water:



  • The Department of Agriculture and Forestry proposed amendments to La. Admin. Code tit. 33:IX, §§1309, 1311, 1313, 1315, 1317, and 1319, Louisiana Water Pollution Control Fee System Regulation. This rule changes the name of the annual fee rating worksheets for the water program fees and updates the complexity designation tables (alphabetical and numerical) to conform with OSHA's updates to the SIC codes. See http://www.doa.la.gov/osr/reg/0905/0905.pdf (pp. 990-1016)

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


INTERNATIONAL

FOREIGNERS SWEPT ASIDE AS WIND POWER BLOWS THROUGH CHINA


The world's biggest wind farm, China's Rudong, is unlikely to blow any business the way of foreign turbine manufacturers such as Vestas, Gamesa, and Suzlon, according to local officials. Those foreign companies complain that despite jumping through hoops to meet "localization" rules requiring 70 percent of their equipment to be sourced and built domestically, they are still unable to win orders from state projects like Rudong, which form the bulk of China's ambitious wind build-up over the next decade. They also say China's efforts to eliminate turbines with capacities of less than 1 megawatt is also a form of restrictive practice that plays into the hands of domestic firms. For the full story, see http://www.reuters.com/article/GCA-GreenBusiness/idUSTRE5532PS20090604

RAINFOREST IS WORTH MORE STANDING


A new analysis has shown that payments to reduce carbon emissions from rainforests could generate more income than palm oil production on deforested land. Protecting the forests could become profitable under a proposed scheme called Reduced Emissions from Deforestation and Degradation. The journal Conservation Letters reports this scheme will help protect threatened forests. Palm oil, an ingredient in products including food and soaps, has become an important feedstock for biodiesel. This has created controversy because in Indonesia and Malaysia, which are its major producers, companies clear and often burn swathes of forest to grow palm oil crops. For the full story, see http://news.bbc.co.uk/2/hi/science/nature/8083706.stm

PUBLIC CONSULTATION ON FUTURE EU EMISSIONS TRADING SYSTEM AUCTIONING RULES LAUNCHED



A public consultation on rules to govern the future auctioning of emission allowances under the EU Emissions Trading System has been launched by consultants working for the European Commission. The consultation covers all aspects of auctioning that may be relevant for the future regulation. It seeks views on the timing, size, and frequency of auctions; auction design; and regulatory aspects relating to issues such as pre-registration of participants, collateral, payment and delivery, information disclosure, and monitoring. It also addresses the question of the number of auction processes that could be used and the appropriate degree of coordination between Member States. For the full story, see http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/874&format=HTML&aged=0&language=EN&guiLanguage=en


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


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