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Weekly Update Volume 39, Issue 20

07/20/2009

LITIGATION

CERCLA, ARRANGER LIABILITY:



A district court ruled that railroad companies that arranged for the disposal of tar, coal, and other waste into Maine's Penobscot River may be held liable under CERCLA. The factual allegations of the complaint sufficiently lay out a plausible claim that the railroads could be PRPs based on their prior operations within the boundaries of the contaminated site. The railroads argued that they could not be held liable because of the U.S. Supreme Court's recent narrowing of "arranger liability" in Burlington Northern & Santa Fe Railway Co. v. United States, 129 S. Ct. 1870, 39 ELR 20098 (2009). In Burlington, the Supreme Court specifically acknowledged that the question of who qualifies as a PRP under CERCLA §107(a)(3) is “fact intensive and case specific.” But here, the allegations contained in the complaint exceed the “mere knowledge that spills and leaks continued to occur." Rather, in addition to alleging negligent disposal via spills, the complaint also alleges disposal via sewer lines located on the property. To the extent that the sewer system, which discharged untreated sewage into the river, was owned and operated by the City of Bangor, the railroad's disposal of contamination via the sewer would fall well within the confines of arranger liability--even after Burlington. The court, therefore, denied the railroads' motion to dismiss. Frontier Communications Corp. v. Barrett Paving Materials, Inc., No. 07-113, 39 ELR 20153 (D. Me. July 7, 2009) (Singal, J.).


ESA, CRITICAL HABITAT:



A district court remanded a 2005 FWS rule designating critical habitat for bull trout in the Klamath River and Columbia River. Shortly after it was issued, environmental groups filed a complaint challenging the rule as inadequate and contrary to law. In 2008, the DOI Office of the Inspector General issued an investigative report concluding that a former Deputy Assistant Secretary of the Interior took actions that potentially jeopardized the ESA decisional process in 13 of its 20 investigated decisions, including the final designation of critical habitat for the bull trout. The FWS then sought a voluntary remand of the rule. The environmental groups requested the court to instead grant them a judgment on the merits and remand the action to FWS to comply with applicable law. But the court concluded that a remand without expending further judicial resources to consider the merits is appropriate. The FWS must complete a draft rule by December 31, 2009, and a final rule by September 30, 2010. Alliance for the Wild Rockies v. Allen, No. 04-1813, 39 ELR 20154 (D. Or. July 1, 2009) (Jones, J.).


NEPA, EA:



The Tenth Circuit upheld a lower court decision denying a petition for review of the U.S. Forest Service's determination not to undertake an EA of certain elk feedgrounds located on federal lands in Wyoming. Each winter the state of Wyoming feeds approximately 13,000 elk at 22 designated feedgrounds. The Forest Service authorizes use of the land in the Bridger-Teton National Forest for eight of those feedgrounds, six of which are operated by BLM and two by the state. Petitioners argued that a revised EA is necessary due to increases in the incidence of disease outbreak among feedground elk populations. In July 2008, however, the Forest Service issued an EA addressing the threat of disease at the six BLM-operated feedgrounds. Accordingly, claims as to those feedgrounds are moot. And because there are no ongoing major federal actions occurring at the two state-operated feedgrounds, the Forest Service's decision not to undertake an EA at those sites was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Greater Yellowstone Coalition v. Tidwell, No. 07-8083, 39 ELR 20151 (10th Cir. July 10, 2009).


TOXIC SUBSTANCES, DESIGN DEFECTS:



The Wisconsin Supreme Court affirmed a lower court decision dismissing an individual's defective design claims against manufacturers of white lead carbonate pigment, a substance once used commonly in household paint. A claim for defective design cannot be maintained where, as here, the presence of lead is the alleged defect in design, and its very presence is a characteristic of the product itself. Without lead, there can be no white lead carbonate pigment. Accordingly, the complaint fails to allege a design feature that makes the design of white lead carbonate pigment defective. Godoy v. E.I. du Pont de Nemours & Co., No. 2006AP2670, 39 ELR 20152 (Wis. July 14, 2009).


INSURANCE, POLLUTION EXCLUSION:



A California appellate court affirmed a lower court decision that an insurer has no duty to defend or indemnify a metal coating company in underlying proceedings filed against it concerning soil and groundwater contamination at the company's metal anodizing facility. The insurance policy excluded coverage for property damage arising out of the release of pollutants into the environment unless the release was "sudden and accidental." The court ruled that under California law, the company must prove there was at least a potential that a sudden and accidental release occurred during the policy periods and was a substantial cause of the property damage at issue. The company failed to carry that burden. There was no substantial evidence that a sudden and accidental release potentially occurred during the policy period. Nor was there any substantial evidence that a sudden and accidental release contributed substantially to the alleged property damage alleged. And although the company's expert witness testified that small amounts of chemicals may have been spilled during the policy period, an expert's opinion that it is theoretically possible for an accidental release to have occurred during the policy period is not evidence that such a release actually occurred, or that it contributed more than trivially to the contamination. Because the company failed to "identify particular sudden and accidental events and prove they contributed substantially to causing" the groundwater contamination, the lower court properly concluded that there was no potential for coverage under the policy. Employers Insurance of Wausau v. Neal Feay Co., No. B196754, 39 ELR 20155 (Cal. App. 2d Dist. June 24, 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 proposed to revise the primary NAAQS for nitrogen dioxide (NO2) by establishing a new short-term NO2 standard based on the three-year average of the 99th percentile (or 4th highest) of one-hour daily maximum concentrations; the Agency also proposed to establish requirements for an NO2 monitoring network that will include monitors within 50 meters of major roadways. 74 FR 34404 (7/15/09).

  • EPA proposed to revise the monitoring network design requirements for ozone to implement changes promulgated March 27, 2008. 74 FR 34525 (7/16/09).

  • SIP Approvals: Pennsylvania (continuous opacity monitor regulation for Allegheny County) 74 FR 33329 (7/13/09). Texas (general air quality rules and mass emissions cap-and-trade program) 74 FR 34503 (7/16/09).

  • SIP Proposals: California (partial approval of plan for the San Joaquin Valley one-hour ozone nonattainment area) 74 FR 33933 (7/14/09); (limited approval of plan for volatile organic compound (VOC) emissions for the San Joaquin Valley air pollution control district) 74 FR 33948 (7/14/09); (limited approval of local fee rule for the San Joaquin Valley unified air pollution control district) 74 FR 33950 (7/14/09); (nitrogen oxide emissions for the San Joaquin Valley unified air pollution control district) 74 FR 33395 (7/13/09); (VOC emissions for the Northern Sierra air quality management district and the San Joaquin Valley unified air pollution control district) 74 FR 33397 (7/13/09); (VOC emissions for the San Joaquin Valley air pollution control district) 74 FR 33399 (7/13/09); (limited approval of plan for VOC emissions for the San Joaquin Valley air pollution control district) 74 FR 34704 (7/17/09). Pennsylvania (continuous opacity monitor regulation for Allegheny County; see above for direct final rule) 74 FR 33395 (7/13/09). Texas (general air quality rules and mass emissions cap-and-trade program; see above for direct final rule) 74 FR 34525 (7/16/09).

HAZARDOUS & SOLID WASTE:



  • EPA entered into a proposed administrative de minimis settlement under CERCLA and RCRA that requires 35 settling parties to pay $1.25 million in U.S. response costs and potential natural resource damages incurred at the Casmalia disposal site in Santa Barbara County, California. 74 FR 34755 (7/17/09).

  • EPA entered into a proposed administrative settlement under CERCLA that requires the settling party to pay $193,572.52 in past U.S. response costs incurred at the Evening Star Mine site in Boulder County, Colorado, and to perform specified work at the site. 74 FR 34576 (7/16/09).

  • EPA entered into a proposed administrative de minimis settlement under CERCLA and RCRA that requires 100 settling parties to pay $1.7 million in U.S. response costs and potential natural resource damages incurred at the Casmalia disposal site in Santa Barbara County, California, and to pay $675,000, along with 42 additional settling parties, to state regulatory entities and a state trustee. 74 FR 34349 (7/15/09).

TOXIC SUBSTANCES:



  • EPA made final revisions to the lead renovation, repair, and painting program rule promulgated on April 22, 2008. 74 FR 34257 (7/15/09).

WILDLIFE:



  • FWS announced a 12-month finding on a petition to remove the Utah Desert valvata snail from the list of endangered and threatened wildlife under the ESA; the Agency determined that the species does not meet the definition for listing and proposed removal from the list. 74 FR 34539 (7/16/09).

  • FWS announced a 90-day finding on a petition to list 14 parrot species as threatened or endangered under the ESA; the Agency found that listing 12 parrot species may be warranted and initiated a status review. 74 FR 33957 (7/14/09).

DOJ NOTICES OF SETTLEMENT:



  • United States v. Skull Valley Band of Goshute Indians, No. 2:09-CV-617 (D. Utah July 13, 2009). Settling SDWA defendants must pay a $1,250 civil penalty, must achieve and maintain compliance with the SDWA, and must perform a supplemental environmental project valued at $3,750 for violations related to their public water system in Tooele County, Utah. 74 FR 34788 (7/17/09).

  • United States v. Citygas Gasoline Corp., No. CV-03-6374 (E.D.N.Y. July 6, 2009). Settling RCRA defendants must pay a $1,400,000 civil penalty for violation of UST regulations at 21 of their automobile fueling stations in New Jersey and New York and must provide injunctive relief at their facilities over the next five years. 74 FR 33474 (7/13/09).

  • United States v. Holcim, Inc., No. 2:09-cv-12526-LPZ-DAS (E.D. Mich. June 25, 2009). A settling CAA defendant must pay a $159,607 civil penalty, must receive approval to reopen the kilns at its Portland cement manufacturing facility in Dundee, Michigan, and must implement injunctive relief upon restart. 74 FR 33475 (7/13/09).

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


THE CONGRESS

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


Chamber Action



  • H.R. 129 (land conveyance), which would authorize the conveyance of certain National Forest System lands in the Los Padres National Forest in California, was passed by the House. 155 Cong. Rec. H8201 (daily ed. July 16, 2009).

  • H.R. 409 (land conveyance), which would provide for the conveyance of certain BLM land in the state of Nevada to the Las Vegas Motor Speedway, was passed by the House. 155 Cong. Rec. H8202 (daily ed. July 16, 2009).

  • H.R. 934 (land conveyance), which would convey certain submerged lands to the Commonwealth of the Northern Mariana Islands in order to give that territory the same benefits in its submerged lands as Guam, the Virgin Islands, and American Samoa have in their submerged lands, was passed by the House. 155 Cong. Rec. H8115-16 (daily ed. July 15, 2009).

  • H.R. 1442 (land conveyance), which would provide for the sale of the federal government's reversionary interest in approximately 60 acres of land in Salt Lake City, Utah, originally conveyed to the Mount Olivet Cemetery Association under the Act of January 23, 1909, was passed by the House. 155 Cong. Rec. H8199 (daily ed. July 16, 2009).

  • H.R. 2188 (migratory birds), which would authorize the Secretary of the Interior, through the FWS, to conduct a joint venture program to protect, restore, enhance, and manage migratory bird populations, their habitats, and the ecosystems they rely on through voluntary actions on public and private lands, was passed by the House. 155 Cong. Rec. H8201 (daily ed. July 16, 2009).

Committee Action



  • S. 345 (Tropical Forest Conservation Act) was reported by the Committee on Foreign Relations. S. Rep. No.111-49, 155 Cong. Rec. S7639 (daily ed. July 16, 2009). The bill would reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2012, to rename the Tropical Forest Conservation Act of 1998 as the "Tropical Forest and Coral Conservation Act of 2009."

  • S. 1005 (water infrastructure) was reported by the Committee on Environment and Public Works. S. Rep. No. 111-47, 155 Cong. Rec. S7555 (daily ed. July 14, 2009). The bill would amend the Federal Water Pollution Control Act and the Safe Drinking Water Act to improve water and wastewater infrastructure in the United States.

  • S. 1462 (energy) was reported by from the Committee on Energy and Natural Resources. S. Rep. No.111-48, 155 Cong. Rec. S7639 (daily ed. July 16, 2009). The bill would promote clean energy technology development, enhanced energy efficiency, improved energy security, and energy innovation and workforce development.

  • H.R. 129 (land conveyance) was reported by the Committee on Natural Resources. H. Rep. No. 111-197, 155 Cong. Rec. H8007 (daily ed. July 10, 2009). The bill would authorize the conveyance of certain National Forest System lands in the Los Padres National Forest in California.

  • H.R. 409 (land conveyance) was reported by the Committee on Natural Resources. H. Rep. No. 111-199, 155 Cong. Rec. H8007 (daily ed. July 10, 2009). The bill would provide for the conveyance of certain BLM land in the state of Nevada to the Las Vegas Motor Speedway.

  • H.R. 509 (Marine Turtle Conservation Act of 2004) was reported by Committee on Natural Resources. H. Rep. No. 111-200, 155 Cong. Rec. H8007 (daily ed. July 10, 2009). The bill would reauthorize the Marine Turtle Conservation Act of 2004.

  • H.R. 860 (Coral Reef Conservation Act of 2000) was reported by the Committee on Natural Resources. H. Rep. No. 111-196, 155 Cong. Rec. H8007 (daily ed. July 10, 2009). The bill would reauthorize the Coral Reef Conservation Act of 2000.

  • H.R. 1196 (energy) was reported Committee on House Administration. H. Rep. No. 111-210, 155 Cong. Rec. H8301 (daily ed. July 16, 2009). The bill would authorize the Chief Administrative Officer of the House of Representatives to carry out a series of demonstration projects to promote the use of innovative technologies in reducing energy consumption and promoting energy efficiency and cost savings in the House.

  • H.R. 1442 (land conveyance) was reported by the Committee on Natural Resources. H. Rep. No. 111-198, 155 Cong. Rec. H8007 (daily ed. July 10, 2009). The bill would provide for the sale of the federal government's reversionary interest in approximately 60 acres of land in Salt Lake City, Utah, originally conveyed to the Mount Olivet Cemetery Association under the Act of January 23, 1909.

  • H.R. 1622 (natural gas vehicles) was reported by the Committee on Science and Technology. H. Rep. No. 111-206, 155 Cong. Rec. H8099 (daily ed. July 14, 2009). The bill would provide for a program of research, development, and demonstration on natural gas vehicles.

  • H.R. 2188 (migratory birds) was reported by the Committee on Natural Resources. H. Rep. No. 111-201, 155 Cong. Rec. H8007 (daily ed. July 10, 2009). The bill would authorize the Secretary of the Interior, through the FWS, to conduct a joint venture program to protect, restore, enhance, and manage migratory bird populations, their habitats, and the ecosystems they rely on through voluntary actions on public and private lands.

  • H.R. 2729 (National Environmental Research Parks) was reported by the Committee on Science and Technology. H. Rep. No. 111-207, 155 Cong. Rec. H8099 (daily ed. July 14, 2009). The bill would authorize the designation of National Environmental Research Parks by the Secretary of Energy.

  • H.R. 3183 (appropriations) was reported by the Committee on Appropriations. H. Rep. No. 111-203, 155 Cong. Rec. H8024 (daily ed. July 13, 2009). The bill would make appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2010.

  • H. Res. 645 (appropriations) was reported by the Committee on Rules. H. Rep. No. 111-209, 155 Cong. Rec. H8099 (daily ed. July 14, 2009). The resolution would provide for consideration of the bill (H.R. 3183) making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2010.

Bills Introduced



  • S. 1442 (Bingaman, D-N.M.) (Public Lands Corps Act) would amend the Public Lands Corps Act of 1993 to expand the authorization of the Secretaries of Agriculture, Commerce, and Interior to provide service-learning opportunities on public lands; establish a grant program for Indian Youth Service Corps; help restore the Nation's natural, cultural, historic, archaeological, recreational, and scenic resources; train a new generation of public land managers and enthusiasts; and promote the value of public service. 155 Cong. Rec. S7359 (daily ed. July 10, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1453 (Bingaman, D-N.M.) (fish) would amend Public Law No. 106-392 to maintain annual base funding for the Bureau of Reclamation for the Upper Colorado River and San Juan fish recovery programs through fiscal year 2023. 155 Cong. Rec. S7480 (daily ed. July 10, 2009). This bill was referred to the Committee on Energy and Natural Resources.

  • S. 1462 (Bingaman, D-N.M.) (energy) would promote clean energy technology development, enhanced energy efficiency, improved energy security, and energy innovation and workforce development. 155 Cong. Rec. S7639 (daily ed. July 16, 2009). This bill was referred from the Committee on Energy and Natural Resources and placed on the calendar.

  • S. 1469 (Boxer, D-Cal.) (National Parks) would provide for the administration of Port Chicago Naval Magazine National Memorial as a unit of the National Park System. 155 Cong. Rec. S7639 (daily ed. July 16, 2009). This bill was referred the Committee on Armed Services

  • H.R. 3169 (Scalise, R-La.) (flood control)  would require the Secretary of the Army to carry out a study to determine the most effective manner by which to carry out the Lake Pontchartrain flood control project and authorize the Secretary of the Army to construct a new pumping station at Lake Pontchartrain, Louisiana. 155 Cong. Rec. H8007-8 (daily ed. July 10, 2009). This bill was referred to the Committee on Transportation and Infrastructure.

  • H.R. 3173 (Biggert, R-Ill.) (Lake Pontchartrain) would amend 18 U.S.C. §42 to prohibit the importation and shipment of certain species of carp. 155 Cong. Rec. H8008 (daily ed. July 10, 2009).This bill was referred to the Committee on the Judiciary.

  • H.R. 3175 (Diaz-Balart, Lincoln, R-Fla.) (land conveyance) would direct the Secretary of Agriculture to convey to Miami-Dade County certain federally owned land in Florida. 155 Cong. Rec. H8008 (daily ed. July 10, 2009). This bill was referred to the Committee on Agriculture.

  • H.R. 3198 (Young, R-Alaska) (Wildlife Without Borders Program) would authorize the Secretary of the Interior to provide international wildlife management and conservation programs through the Wildlife Without Borders Program in the FWS.155 Cong. Rec. H8099 (daily ed. July 14, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 3215 (Rooney, R-Fla.) (hunting) would authorize the Secretary of the Interior, acting through the National Park Service Superintendent of the Everglades National Park, to allow individuals to hunt and kill Burmese pythons within the boundaries of that Park. 155 Cong. Rec. H8099 (daily ed. July 14, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 3235 (Schauer, D-Mich.) (ethanol) would amend the Internal Revenue Code of 1986 to allow a credit against income tax for the use of ethanol in tetra ethyl ortho silicate production. 155 Cong. Rec. H8302 (daily ed. July 16, 2009). The bill was referred to the Committee on Ways and Means.

  • H. Res. 628 (Dreier, R-Cal.) (environmental technology) would express the sense of the House of Representatives that the United States should pursue the global elimination of obstacles to the proliferation of technologies and services that science has proven are necessary to address the most pressing environmental problems of our time. 155 Cong. Rec. H8008 (daily ed. July 10, 2009). The resolution was referred to the Committee on Foreign Affairs.

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:





















Alabama Ohio Utah
Alaska Oregon Virginia
California Pennsylvania Washington
Illinois Texas Wisconsin
Indiana    

ALABAMA


Hazardous & Solid Waste:



  • The Department of Environmental Management will hold a public hearing on proposed new rule Ala. Admin. Code r. 335-13-12, Landfill Operator Certification Requirements. This chapter is being created to establish a certification program for solid waste landfill operators. The hearing will be held August 26, 2009. See http://www.adem.state.al.us//PublicNotice/July09/7div13.htm

ALASKA


Water:



CALIFORNIA


Air:



  • 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 July 23, 2009. See http://www.arb.ca.gov/regact/2009/feereg09/contnot.pdf

ILLINOIS


Water:



INDIANA


Air:



  • The Indiana Department of Environmental Management seeks public comment on proposed amendments to 326 Ind. Admin. Code 8-1-6, concerning volatile organic compound emissions from existing reinforced plastics composites production facilities and boat manufacturing facilities. Comments are due August 14, 2009. See http://www.in.gov/legislative/iac/irtoc.htm?view=list&lsadocnum=09-489

OHIO


Water:



  • The Ohio Environmental Protection Agency will hold a public hearing on proposed amendments to Ohio Admin. Code 3745:89, relating to laboratory certifications. Proposed revisions to OAC rule 3745-89-06 will allow the division to deny, suspend, or revoke an analyst's laboratory certificate if their operator certificate is suspended or revoked for reasons other than falsification, and will require revocation of an analyst's laboratory certificate if their operator certificate is suspended or revoked for falsification. Proposed revisions to OAC rule 3745-89-08 will require certified laboratories to report data electronically and submit lead and copper data on individual sample reports beginning July 1, 2010. The hearing will be held July 28, 2009. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_78658_20090623_0832.pdf

  • The Ohio Environmental Protection Agency will hold a public hearing on proposed amendments to Ohio Admin. Code 3745:39-01, Applicability of rules of procedure and definitions; 3745:39-02, Objectives of the Ohio EPA storm water management program for small MS4s; and 3745:39-03, Ohio EPA NPDES requirements for small MS4s. The amended rules include updated citations, grammatical edits, and formatting revisions and clarify the exclusion for fire-fighting activities in rule 3745:39-03 to reflect existing practices. The hearing will be held August 4, 2009. See http://www.registerofohio.state.oh.us/pdfs/phn/3745_NO_79398_20090629_0820.pdf

OREGON


Air:



  • The Department of Environmental Quality will hold a series of public hearings on proposed amendments to Or. Admin. R. 340-200-0040, State of Oregon Clean Air Act Implementation Plan. The amendments would adopt new and amended federal new source performance standards and NESHAPs, aligning Oregon's rules with U.S. EPA's. The hearings will be held August 17, 18, and 20, 2009. See http://www.deq.state.or.us/news/publicnotices/uploaded/090715_4014_PN-fedAQregs.pdf

PENNSYLVANIA


Water:



  • The Environmental Quality Board seeks public comment on proposed repeal of 25 Pa. Code §§301, 303 and 305, relating to general provisions; certification of operators; and plant requirements; and creation of 25 Pa. Code §302, relating to administration of the water and wastewater systems operations' certification program. The regulations describe the process the State Board for Certification of Water and Wastewater System Operators will follow to administer the program and identify the duties and responsibilities of the Department of Environmental Protection and the operators and owners of the commonwealth's drinking water and wastewater treatment systems. The regulations also establish standards for operator certification, recertification, certification renewal and security training; define the certification renewal period and requirements for certification renewal; establish appropriate fees; and define classifications and subclassifications for certification. Comments are due August 10, 2009. See http://www.pabulletin.com/secure/data/vol39/39-28/1272.html

  • The Susquehanna River Basin Commission (Commission) will hold two public hearings on proposed amendments to 25 Pa. Code §§806, Review and Approval of Projects; and 808, Hearings and Enforcement Actions. The changes would amend project review regulations by requiring Commission approval of projects undergoing FERC and NRC licensing actions that affect the basin's water resources; restricting the use of docket reopening petitions to avoid abuses of process; amending the "Approval by Rule" (ABR) process to standardize ABR notice procedures and allow for project sponsors to utilize approved water sources at approved drilling pad sites without the need for modification of the ABR; clarifying that the public hearing requirement for rulemaking shall be applicable to the proposed rulemaking stage of that process; and further providing for the time period within which administrative appeals must be filed. Hearings will be held August 4 and 5, 2009. See http://www.pabulletin.com/secure/data/vol39/39-28/1224.html

TEXAS


Hazardous & Solid Waste:



  • The Texas Low-Level Radioactive Waste Disposal Compact Commission proposed amendments to 31 Tex. Admin. Code §675.1, Waste Volume Estimate. The amendment contains an estimate of the total quantity of waste generated in Texas that is estimated to be disposed of in the Texas site during the period 1995 through 2045 and recites the statutory requirement that the Commission coordinate the shipments from generators in the non-host party state (Vermont) in order to assure that the shipments do not exceed 20% of the volume projected for Texas by the Commission. See http://www.sos.state.tx.us/texreg/archive/June262009/PROPOSED/31.NATURAL%20RESOURCES%20AND%20CONSERVATION.html#203

UTAH


Hazardous & Solid Waste:



  • The Department of Environmental Quality seeks public comment on proposed amendments to Utah Admin. Code r. 315-15-13, Registration and Permitting of Used Oil Handlers. The amendments allow hazardous waste incinerator facilities holding a valid Utah hazardous waste permit to burn off-specification used oil for energy recovery without having to also obtain a separate off-specification used oil burner permit under the Utah Used Oil Management Rules. Comments are due July 31, 2009. See http://www.rules.utah.gov/publicat/bull_pdf/2009/b20090701.pdf (pp. 50-52)

VIRGINIA


Hazardous & Solid Waste:



  • The Department of Environmental Quality will hold a public hearing on proposed amendments to 9 Va. Admin. Code §20-81, Solid Waste Management Regulations; and 9 Va. Admin. Code §20-101, Vegetative Waste Management and Yard Waste Composting Regulations. The proposed regulation is needed to coordinate waste management practices with statute amendments, other agencies, and other programs, and to address issues and questions that have arisen since the regulations were last modified. The current solid waste regulation is cumbersome as the result of several amendments that were not able to address the cohesiveness of the regulation as a whole. The hearing will be held August 3, 2009. See http://legis.state.va.us/codecomm/register/vol25/iss22/p9v2080fulltext.html

Water:



WASHINGTON


Hazardous & Solid Waste:



  • The Department of Ecology adopted amendments to Wash. Admin. Code §173-303, Dangerous Waste Regulations. The dangerous waste rules set forth waste management standards for all Washington state dangerous waste generators, transporters, and facilities. Federal rules were incorporated and state-only requirements were updated, including modifying pre-permit application requirements for siting criteria, updating publications on Chemical Test Methods and Biological Testing Methods 80-12, and various clarifications and corrections. See http://apps.leg.wa.gov/documents/laws/wsr/2009/14/09-14-105.htm

WISCONSIN


Air:



  • The Wisconsin Natural Resources Board proposed amendments to Wis. Admin. Code NR §§422.02(12), 422.07, 422.10, 422.11, 422.13, 422.142, 423.035, 439.06(3)(j), and 484.04 and creation of Wis. Admin. Code NR §§422.02(34g), 422.02(34r), 422.02 (107m), 422.075, 422.105, 422.115, 422.131, 422.141, 422.143, 423.02(5m), 423.02 (9t), and 423.037, all relating to the application of reasonably available control technology emission limitations to sources of volatile organic compounds in ozone nonattainment counties. See http://www.legis.state.wi.us/ruletext/08-102-0.pdf

  • The Wisconsin Natural Resources Board proposed amendments to Wis. Admin. Code NR §§484.04(16), (19), and (20) and creation of Wis. Admin. Code NR §§419.02 (6g), (6r), (8m), (10m), (14g), (14r), (15m), (19), (20), (21) and (22) and 419.045 relating to volatile organic compound emission controls for industrial wastewater collection and treatment operations. See http://www.legis.state.wi.us/ruletext/08-104-0.pdf

  • The Wisconsin Natural Resources Board proposed amendments to Wis. Admin. Code NR §439.075(2)(c)3.j. and creation of Wis. Admin. Code NR §421.07 relating to the application of reasonably available control technology for volatile organic compound emissions from certain operations within the synthetic organic chemical manufacturing industry. See http://www.legis.state.wi.us/ruletext/08-114-0.pdf

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


INTERNATIONAL

US, CHINA ANNOUNCE CLEAN ENERGY RESEARCH CENTER



The United States and China, the world's biggest greenhouse gas emitters, announced plans for a joint clean energy research center July 15 as the American commerce secretary appealed to Beijing to avoid imposing trade barriers on green technology. The research center is an effort at compromise between the two governments, which disagree on whether China should join richer nations in adopting binding emissions-reduction targets to stave off environmental devastation from climate change. With initial financing of $15 million and headquarters in both countries, the center will focus on coal and clean buildings and vehicles, said U.S. Energy Secretary Steven Chu. It highlights potential U.S.-Chinese cooperation in an industry that Washington says could create thousands of jobs. "I know we can accomplish more by working together than by working alone," Chu said after meeting with Chinese Science and Technology Minister Wan Gang in the Great Hall of the People in central Beijing. Chu and Commerce Secretary Gary Locke were in Beijing to lobby China to promote private-sector development of solar, wind, biofuels and other clean energy. Locke appealed to China to avoid trade barriers to clean technology. Some companies say Beijing is trying to build up its industry by shielding companies from competition, shutting foreign competitors out of wind power and other projects. For the full story, visit http://www.google.com/hostednews/ap/article/ALeqM5jDvOkIcuBkcaJxwdtG0bs1z47U4wD99ERI482.


SHIFT IN STANCE COULD REDEFINE INDIA’S GROWTH STRATEGY



The India Ministry of Environment and Forests (MoEF) has called for a high-level meeting this week to evolve a consensus to define a growth strategy for India that would also limit climate change. The meeting was proposed after Prime Minister Manmohan Singh said after the recent Group of Eight meet in Italy that India, along with other countries, would have to be prepared to make some sacrifices so that the efforts to contain climate change are on course. Singh was referring to the so-called business-as-usual approach, where a country’s growth strategy does not take into account emissions and their impact on climate. This, he argued, was not sustainable. The MoEF-initiated deliberations, due July 21, are critical not only because it will firm up India’s stand ahead of the crucial climate change negotiations scheduled in Copenhagen by the end of the year, but also because it would commit it to an energy consumption standard dictated by environmental concerns. For the full story, see http://www.livemint.com/2009/07/16003708/Climate-Change--Shift-in-stan.html?h=B


PAKISTAN IN TREE PLANTING RECORD



A team of volunteers in Pakistan has set a new world record by planting more than half a million trees in one day. Guinness World Records confirmed that 541,176 trees had been planted in the southern province of Sindh on July 15. Some 300 volunteers, working in groups, planted mangrove saplings in the 750 acres of the Indus river delta region. They beat the previous team record for tree planting, which was set in India just last month when 447,874 saplings were planted in Assam state. Pakistan's tree-planting marathon was witnessed by representatives of Guinness World Records and the International Union for the Conservation of Nature. Each group was issued saplings by a panel of experts which also monitored the planting process to ensure that standards set by Guinness World Records were met. Aadil Ahmed, the Guinness representative, told the BBC he was there to ensure that no old plants were included in the count. Pakistan's environment minister, Hamidullah Jan Afridi, said the event was part of a series of events being held to observe the national year of the environment. For the full story, see http://news.bbc.co.uk/2/hi/south_asia/8154120.stm


 

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