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Weekly Update Volume 39, Issue 23

08/17/2009

LITIGATION

NATIONAL FORESTS, ROADLESS RULE:



The Ninth Circuit affirmed a lower court decision setting aside the U.S. Forest Service's State Petitions Rule and reinstating the Roadless Area Conservation Rule, more commonly known as the "Roadless Rule," pending the Service's compliance with NEPA and the ESA. The State Petitions Rule, issued in 2005, invited states to pursue varying rules for managing roadless areas in the national forests in lieu of the nationwide protections set forth in the Roadless Rule. In so doing, the Forest Service characterized the rule as "merely procedural in nature and scope" and, therefore, determined that it was categorically excluded under NEPA. This was unreasonable. The State Petitions Rule, in effect, repealed the Roadless Rule, which the court found affords greater protections to the nation's roadless areas than those the individual state forest plans provide. In addition, by permanently removing the Roadless Rule from the Code of Federal Regulations, the State Petitions Rule did much more than establish a new procedure for the consideration of state-specific land management rules: it purported to ensure that future land management decisions would never again be constrained by the Roadless Rule and its enhanced protections for inventoried roadless areas. It was likewise unreasonable for the Forest Service to assert that the environment, listed species, and their critical habitats would be unaffected by this regulatory change. In addition, the lower court did not abuse its discretion in reinstating the Roadless Rule. The court gave meaningful consideration to the equities in the case and carefully applied the traditional balancing of the harms analysis in reaching its decision. California v. U.S. Department of Agriculture, Nos. 07-15613, -15695, 39 ELR 20172 (9th Cir. Aug. 5, 2009).


APA, MOUNTAINTOP MINING:



A district court denied the federal government's motion to remand and vacate an OSM rule promulgated in December 2008 that regulates excess mining spoil, disposal of mine waste, stream buffer zones, and stream-channel diversions in connection with mountaintop and surface mining operations. An environmental group filed suit in January 2009 alleging that OSM violated several statutes in issuing the rule. In April 2009, the Secretary of the Interior sought to have the rule remanded and vacated after he determined that the OSM, under a previous Administration, erred in failing to initiate consultation with the FWS under the ESA to evaluate possible effects the rule might have on threatened and endangered species. But the court found no precedent to support the proposition that it should remand and vacate the rule under the circumstances presented here. The government seeks a remand and vacatur of the rule without a determination on the merits that it is legally deficient. Moreover, the APA requires government agencies to follow certain procedures, including providing for public notice and comment, before enacting or amending a rule. An agency must follow the same procedure in order to repeal a rule. While notice and comment procedure is not required where a court vacates a rule after making a finding on the merits, granting vacatur here would allow the government to do what they cannot do under the APA, repeal a rule without public notice and comment, without judicial consideration of the merits. National Parks Conservation Ass'n v. Salazar, No. 09-00115, 39 ELR 20174 (D.D.C. Aug. 12, 2009) (Kennedy, J.).


RCRA, CWA, WETLANDS:



The Second Circuit upheld the dismissal of homeowners' RCRA and CWA claims against a gun club in connection with their use of lead shot on a shooting range. The homeowners argued that by allowing lead shot to be discharged onto the property, the gun club was operating a hazardous waste disposal facility without a permit in violation of RCRA 6925. But EPA has consistently taken the position that the discharge of lead shot as part of the normal use of that product (i.e., being fired from a gun at a firing range) does not render the materials "discarded" within the meaning of the RCRA subtitle C permitting regulations. EPA's interpretation is entitled to deference. Accordingly, the gun club did not need a permit under RCRA. In addition, the homeowners failed to adduce sufficient evidence to create a material issue of fact regarding whether lead contamination on the shooting range constitutes "imminent and substantial" endangerment to health or the environment. The court also affirmed the lower court's grant of summary judgment in favor of the gun club on the homeowners' claim that the gun club was required to obtain a CWA permit. Even assuming jurisdictional wetlands were present on the shooting range and that the berm located at the end of the firing range is an identifiable source from which lead pollution reaches jurisdictional wetlands, this is not enough to satisfy the CWA requirement of a point source. The homeowners simply failed to show that the migration of lead from the berm by virtue of runoff and airborne dust is a point source discharge. Simsbury-Avon Preservation Society, LLC v. Metacon Gun Club, Inc., No. 07-0795, 39 ELR 20173 (2d Cir. July 31, 2009).


TAKINGS, NAVIGATIONAL SERVITUDE:



The Federal Circuit upheld the dismissal of a local fish and wildlife commission's Fifth Amendment taking claim based on the United States' construction and operation of a navigation project on the Red River in Louisiana. The government's power to regulate navigation under the Commerce Clause confers upon the United States a "dominant servitude" on navigable waters. Any interest that arises from access to, and use of, navigable waters falls within the government's dominant servitude, and any private interest is subservient to that servitude. Here, the commission's property interest—the ability to draw down water in order to control unwanted aquatic weed growth—arises from access to and use of navigable waters. This interest is therefore subservient to the federal government's navigational servitude and, thus, is not compensable under the Fifth Amendment. Northwest Louisiana Fish & Game Preserve Comm'n v. United States, No. 08-5039, 39 ELR 20171 (Fed Cir. July 31, 2009).


WATER RIGHTS, POWER DEVELOPMENT:



The Tenth Circuit affirmed a lower court decision declining a water user association's request for a declaration that it has well-defined rights to develop power in the Diamond Fork System of the Central Utah Project and instead declaring that the association, the United States, and the local water district must negotiate in good faith pursuant to a 1991 contract entered between the parties. The association argued that it owns a power privilege in the Diamond Fork System merely by virtue of its water ownership. But the association's right to profit from power development does not derive from the mere fact that its water passes through the power system. Rather, it acquires such rights through federal government contracts. Further, the 1991 contract provides that the allocation of power rights on Diamond Fork would be addressed through negotiation and a future contract. Because the association must enter a lease of power privilege to profit from power development in Diamond Fork, the court did not abuse its discretion by declining to intervene in hypothetical future negotiations. In addition, the lower court properly confined its holding to the federal questions raised by the United States' counterclaim in which it sought a declaration that federal law and the relevant contracts between the parties reserved to the United States the authority to change the use of reclamation project water or points of diversion. Strawberry Water Users Ass'n v. United States, No. 07-4172, 39 ELR 20175 (10th Cir. Aug. 12, 2009).


CAA, SIPs, STANDING:



The Fourth Circuit dismissed a coal-fired power plant's lawsuit against EPA challenging its approval of Virginia's Clean Air Interstate Rule SIP. The power plant's alleged injury flows from Virginia's nonattainment provisions, which are separate emissions standards adopted by the commonwealth's Air Pollution Control Board under the authority of the Virginia legislature. Their injury, therefore, cannot fairly be traced to EPA's approval of the CAIR SIP. Accordingly, the case was dismissed for lack of standing. Mirant Potomac River, LLC v. United States Environmental Protection Agency, No. 08-1277, 39 ELR 20176 (4th Cir. Aug. 12, 2009).


CERCLA, HAZARDOUS SUBSTANCE:



A district court denied a machinery company's motion for summary judgment on claims that it released hazardous substances at a Superfund site. Between 1985 and 1994, the machinery company held its operations on a portion of property now subject to CERCLA litigations. There, the company machined small metal parts and released cutting oils with metal shavings into the soil. It argued that its release of cutting oils does not create CERCLA liability because cutting oil is not a hazardous substance under CERCLA's petroleum exclusion. The petroleum exclusion, however, does not apply to hazardous substances that are added to petroleum products during use. The company also argued that the metal shavings were not a hazardous substance. But there is at least a question of fact as to whether the alloy steel used by the company contained chromium or lead, both of which are listed hazardous substances. The court also rejected claims that the term "chromium and compounds" as used in CERCLA's list of hazardous substances is ambiguous. Because there is some evidence that the company's metal shavings included hazardous substances, there is a genuine issue of fact for trial as to whether hazardous substances were released at the site while the defendant carried on its operations there. The operator's motion for summary judgment was therefore denied. ITT Corp. v. BorgWarner, Inc., No. 05-CV-674, 39 ELR 20179 (W.D. Mich. July 28, 2009) (Bell, J.).


CERCLA, FINANCIAL RESPONSIBILITY:



A district court dismissed an environmental group's claims against EPA for failing to promulgate and enforce financial responsibility regulations under CERCLA §108(b). Although §108(b) requires EPA to promulgate financial responsibility regulations and incrementally impose such requirements, §108(b) provides EPA with discretion as to when to promulgate such regulations. Section 108(b) does not include a date-certain deadline for the promulgation of financial responsibility regulations and the legislative history demonstrates that Congress rejected a proposed amendment to add a date-certain deadline for the promulgation of financial responsibility regulations. Because only nondiscretionary duties may be challenged in citizen suits under CERCLA, the case was dismissed. Sierra Club v. Johnson, No. 08-01409, 30 ELR 20180 (N.D. Cal. Aug. 5, 2009) (Alsup, J.).


NATIONAL FORESTS, NEPA:



A district court enjoined a timber harvest project in Lassen National Forest until the Forest Service conducts an adequate and sufficient review under NEPA. Environmental groups brought a lawsuit challenging the Forest Service's EA for the project. The group argued that the Service failed to ensure the scientific accuracy and integrity of its analysis in the EA when it used an erroneous maximum stand density index (SDI) value to support the intensity of tree removal it proposed. They argued that this error resulted in an overstatement of the current density of the forest and artificially created a "need" to intensively log medium and large trees from the project area. The court agreed. The Forest Service's erroneous use of data corrupted the scientific accuracy and integrity of its NEPA analysis. Agencies simply do not have the discretion to arbitrarily and capriciously alter a scientifically set value or deviate from a forest planning directive and still comply with NEPA. The Forest Service has not provided a reasoned explanation for its decision to use a limiting-SDI value--the value at which significant mortality from competition and beetles can occur as stands ultimately grow towards their maximum density--when the binding EA provides it will use a maximum-SDI value for thinning. The maximum-SDI value and the limiting-SDI value are not interchangeable, rather they are distinct scientific concepts with fundamental differences. As such, the Forest Service acted arbitrarily and capriciously when it used the limiting-SDI value as the maximum-SDI value in calculating its forest thinning scenarios. Earth Island Institute v. Morse, No. 08-01897, 39 ELR 20178 (E.D. Cal. Aug. 5, 2009) (Mendez, J.).


MINING, NEPA:



A district court upheld the expansion of a phosphate mine in the Caribou National Forest into two new parcels that have not been previously subject to phosphate mining. Environmental groups argued that BLM and the U.S. Forest Service violated several statutes in approving the expansion, including NEPA, the CWA, CERCLA, and the Mineral Leasing Act. But plaintiffs, the public, and other state and federal agencies had the opportunity to comment on the mine expansion. As a result of those comments and the agencies' response, the ultimate action is more protective of the environment than it would have been without the process. Moreover, with the stringent monitoring requirements and safeguards in place, expansion appears to strike a reasonable balance between the mining company's mining efforts and its employees, local farmers and communities, and other stakeholders affected by the expansion. Greater Yellowstone Coalition v. Larson, No. 08-388, 39 ELR 20181 (D. Idaho Aug. 4, 2009) (Williams, J.).


NEW JERSEY INDUSTRIAL SITE RECOVERY ACT, STRICT LIABILITY:



A New Jersey appellate court affirmed a lower court decision holding the seller of industrial property strictly liable under the New Jersey Industrial Site Recovery Act for all cleanup costs and damages stemming from its failure to obtain a "no further action" letter before selling the property to the current owner. The statute requires owners and operators of industrial establishments to demonstrate that the property is environmentally sound as a precondition to the sale or transfer of the property or the closure of a business. It also states that a transferor's failure to perform a remediation and obtain the state environmental agency's approval as required by the Act "entitles the transferee to recover damages from the transferor, and renders the owner or operator of the industrial establishment strictly liable, without regard to fault, for all remediation costs and for all direct and indirect damages resulting from the failure to implement the remedial action workplan." Here, the seller transferred the property to the buyer without agency approval or a remedial action workplan. Therefore, the seller is strictly liable for all remediation costs and for all direct and indirect damages resulting from the failure to implement the remedial action workplan. 206-36th Street, LLC v. Wick, No. A-4520-07T2, 39 ELR 20177 (N.J. Super. Ct. July 30, 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 revised a portion of its Phase 2 implementation rule for the eight-hour ozone NAAQS involving emission reduction credits outside nonattainment areas. 74 FR 40074 (8/11/09).

  • EPA proposed NESHAPs for the chemical preparations area source category. 74 FR 39013 (8/5/09).

  • EPA, in response to the lawsuit Sierra Club v. Jackson, No.3:09-cv-00122-slc (W.D. WI), entered into a proposed consent decree that requires it to respond to an administrative petition seeking EPA's objection to a CAA Title V operating permit issued by the Wisconsin Department of Natural Resources to Wisconsin Power & Light Company's Columbia Generating Station. 74 FR 41130 (8/14/09).

  • EPA updated outer continental shelf air regulations for Delaware. 74 FR 40498 (8/12/09).

  • EPA announced its Clean Air Interstate Rule (CAIR) nitrogen oxide allowance allocations for Delaware, Louisiana, Maryland, Pennsylvania, and Wisconsin. 74 FR 39315 (8/6/09).

  • EPA approved West Virginia's CAA §§111(d)/129 plan for the control of emissions from commercial and industrial solid waste incinerator (CISWI) units. 74 FR 38344 (8/3/09).

  • EPA approved West Virginia's CAA §§111(d)/129 plan for the control of emissions from hospital/medical/infectious waste incinerator (HMIWI) units. 74 FR 38346 (8/3/09).

  • EPA proposed to approve West Virginia's CAA §§111(d)/129 plan for the control of emissions from CISWI units; see above for direct final rule. 74 FR 38384 (8/3/09).

  • EPA proposed to approve West Virginia's CAA §§111(d)/129 plan for the control of emissions from HMIWI units; see above for direct final rule. 74 FR 38385 (8/3/09).

  • SIP Approvals: California (disapproval of particulate matter revisions to the Great Basin unified air pollution control district and limited approval to the Kern County air pollution control district and the Mohave Desert air quality management district) 74 FR 40750 (8/13/09). Ohio (volatile organic compound (VOC) control rules) 74 FR 40745 (8/13/09). Pennsylvania (2009 and 2018 motor vehicle emissions budgets (MVEBs) for the York-Adams counties eight-hour ozone maintenance area) 74 FR 40747 (8/13/09); (2009 and 2018 MVEBs for the Scranton/Wilkes-Barre eight-hour ozone maintenance area) 74 FR 40083 (8/11/09). West Virginia (CAIR requirements) 74 FR 38536 (8/4/09).

  • SIP Proposals: Arizona (revisions to the carbon monoxide limited maintenance plan for the Tucson air planning area) 74 FR 39007 (8/5/09). California (nitrogen oxide and particulate matter emissions from boilers in the San Joaquin Valley Unified Air Pollution Control District) 74 FR 41104 (8/14/09). North Carolina (CAIR requirements) 74 FR 39592 (8/7/09). Ohio (VOC control rules; see above for direct final rule) 74 FR 40804 (8/13/09). Pennsylvania (2009 and 2018 MVEBs for the York-Adams counties eight-hour ozone maintenance area; see above for direct final rule) 74 FR 40805 (8/13/09); (2009 and 2018 MVEBs for the Scranton/Wilkes-Barre eight-hour ozone maintenance area; see above for direct final rule) 74 FR 40122 (8/11/09).

GENERAL:



  • EPA announced its approval of Washington's request to allow electronic reporting for certain EPA-authorized programs. 74 FR 40816 (8/13/09).

HAZARDOUS & SOLID WASTE:



  • EPA entered into an amended administrative consent order concerning the Shenandoah Road Groundwater Contamination Superfund Site in the town of East Fishkill, New York, in which it agreed not to sue the settling party for $50,000 of response costs, conditioned upon its assistance to the town in acquiring waterline easements to properties at the site and on its performance of its obligations under the consent order, including construction of an alternate water supply. 74 FR 41130 (8/14/09).

  • EPA entered into a proposed administrative settlement under CERCLA that requires the settling parties to implement institutional controls in the form of proprietary restrictions on the Circle DE Lumber site in Klamath Falls, Oregon, and to execute an environmental trust agreement with the Agency. 74 FR 40589 (8/12/09).

  • EPA gave final authorization to Colorado's hazardous waste management program. 74 FR 40518 (8/12/09).

  • EPA proposed giving final authorization to Colorado's hazardous waste management program; see above for direct final rule. 74 FR 40539 (8/12/09).

MIINING:



  • OSM proposed to approve amendments to Montana's regulatory program under SMCRA concerning normal husbandry practices. 74 FR 40799 (8/13/09).

  • OSM proposed to approve amendments to Montana's regulatory program under SMCRA concerning determination of revegetation success and final bond release. 74 FR 40537 (8/12/09).

WATER:



  • EPA Region 6 announced availability of eight TMDLs and calculations for waters in Arkansas. 74 FR 40583 (8/12/09).

  • EPA Region 6 issued an NPDES general permit for discharges from eligible owners/operators of existing concentrated animal feeding operations in New Mexico, except for discharges on Indian country. 74 FR 38615 (8/4/09).

  • EPA announced approval of six additional testing methods to measure the levels of contaminants in drinking water and to determine compliance with national primary drinking water regulations. 74 FR 38348 (8/3/09).

WILDLIFE:



  • FWS proposed to list seven Brazilian bird species and subspecies as endangered throughout their range under the ESA. 74 FR 40650 (8/12/09).

  • FWS announced its 90-day finding on a petition to list the Jemez Mountains salamander as threatened or endangered under the ESA and to designate critical habitat; the Agency found that listing may be warranted and initiated a 12-month status review. 74 FR 40132 (8/11/09).

  • NOAA-Fisheries revised the previously designated critical habitat for the Gulf of Maine distinct population segment of the Atlantic salmon by excluding all trust and fee holdings of the Penobscot Indian Nation. 74 FR 39903 (8/10/09).

DOJ NOTICES OF SETTLEMENT:



  • United States v. Aleris International, Inc., No. 1:09-cv-00340 (N.D. Ohio Aug. 4, 2009). A settling CAA defendant must pay a $4.6 million civil penalty for emissions violations at its aluminum production facilities nationwide; must improve the capture of emissions; must retest every emission unit; must adopt new monitoring practices; must use model recordkeeping and reporting documents; and must install additional control devices and monitoring equipment at particular facilities. 74 FR 39712 (8/7/09).

  • United States v. AK Steel Corp., No. 97-1863 (W.D. Pa. Aug. 4, 2009). Settling CERCLA defendants must pay $3,037,491.61 in past U.S. response costs incurred at the Breslube Penn Superfund site in Coraopolis, Pennsylvania; must pay $41,356.04 in past response costs to Pennsylvania; must pay all future response costs; and must fund and perform the EPA-selected remedy at an estimated cost of at least $8,070,000. 74 FR 39713 (8/7/09).

  • United States v. MRC Holdings, Inc., No. 8:09-cv-01453-RAL-MAP (M.D. Fla. July 30, 2009). A settling CERCLA defendant must perform EPA's estimated $6,700,000 groundwater remedial design/remedial action at the MRI Superfund site in Tampa, Florida, and must pay interim and future U.S. oversight costs. 74 FR 39338 (8/6/09).

  • United States v. INEOS ABS Corp., No. 1:09-CV-545 (S.D. Ohio July 31, 2009). Settling CAA, CERCLA, and EPCRA defendants must pay a $3.1 million civil penalty to the United States and Ohio; must operate a flare in accordance with permit requirements; must install a new biofilter system; must conduct a comprehensive review of compliance with reporting regulations; and must conduct comprehensive leak detection and repair practices. 74 FR 39338 (8/6/09).

  • United States v. Sierra Properties I, LLC, No. 8:09 CV-1400-T (M.D. Fla. July 28, 2009). A settling CWA defendant must pay a civil penalty for discharging fill material into waters of the United States in violation of its permit. 74 FR 39339 (8/6/09).

  • United States v. City of St. Martinville, No. CV00-1238 L-0 (W.D. La. July 30, 2009). A settling CWA defendant must pay a $49,926.28 civil penalty, must relocate the discharge point of its sewage treatment plant, and must conduct a remedial program for its system of pipes and related equipment. 74 FR 39105 (8/5/09).

  • United States v. Board of County Commissioners of Hamilton County, Nos. C-1-02-107 et al. (S.D. Ohio July 28, 2009). Under an amended June 9, 2009, decree, settling CWA defendants must complete their $1.145 billion Wet Weather Improvement Program for the city of Cincinnati by December 31, 2018. 74 FR 38471 (8/3/09).

  • United States v. City of New Orleans, No. 02-3618 (E.D. La. July 16, 2009). Settling CERCLA parties must pay U.S. response costs incurred at the Agriculture Street Landfill in New Orleans, Louisiana. 74 FR 38472 (8/3/09).

  • United States v. Colorado Interstate Gas Co., No. 2:09-CV-0649-TS (D. Utah July 23, 2009). A settling CAA defendant must pay a civil penalty and emission fee totaling $1,020,000 for violations at a natural gas compressor station in Uintah County, Utah, must achieve and maintain compliance with the CAA, and must fund for one year the operation of two ambient air monitoring stations on the Uintah and Ouray Indian Reservation. 74 FR 38472 (8/3/09).

  • United States v. Bradford Industries, No. 1:09-cv-09-11333 (D. Mass. Aug. 7, 2009). A settling CAA and RCRA defendant must pay a $75,000 civil penalty and must hire an independent auditor to conduct two environmental compliance audits for violations at its facility in Lowell, Massachusetts. 74 FR 40846 (8/13/09).

  • United States v. Aggregate Industries--Northeast Region, Inc., No. 09-11321 (D. Mass. Aug. 6, 2009). A settling CWA defendant must pay a $2.75 million civil penalty for numerous NPDES permit violations in Massachusetts and New Hampshire and must implement a number of operational changes to ensure CWA compliance at all 23 of its facilities. 74 FR 40609 (8/12/09).

  • United States v. Union Pacific Railroad Co., No. 2:09-CV-01453 (D. Nev. Aug. 6, 2009). A settling CWA defendant must pay a civil penalty, must restore impacted areas, and must perform mitigation for the unauthorized discharge of pollutants in Lincoln and Clark counties, Nevada. 74 FR 40609 (8/12/09).

  • United States v. Paul Revere Transportation, LLC, No. 06-cv-12297-GAO (D. Mass. Aug. 4, 2009). A settling CAA defendant must pay a $650,000 civil penalty for violating idling regulations at its Roxbury, Massachusetts, facility. 74 FR 39971 (8/10/09).

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



  • S. Res. 244 (wilderness), which would commemorate the 45th anniversary of the Wilderness Act, was passed by the Senate. 155 Cong. Rec. S8889 (daily ed. Aug. 5, 2009).

  • H.R. 1275 (land conveyance), which would direct the exchange of certain land in Grand, San Juan, and Uintah Counties, Utah, was passed by the Senate, clearing the measure for the President. 155 Cong. Rec. S8889 (daily ed. Aug. 5, 2009).

  • H.R. 2938 (hydroelectricity), which would extend the deadline for commencement of construction of a hydroelectric project, was passed by the Senate, clearing the measure for the President. 155 Cong. Rec. S8889 (daily ed. Aug. 5, 2009).

  • H.R. 3435 (recycling), which would make supplemental appropriations for fiscal year 2009 for the Consumer Assistance to Recycle and Save Program, was passed by the House, 155 Cong. Rec. H9233-40 (daily ed. July 31, 2009), and the Senate, 155 Cong. Rec. S8946-67 (daily ed. Aug. 6, 2009), clearing the measure for the President.

Committee Action



  • S. 212 (conservation) was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 111-64, 155 Cong. Rec. S8759 (daily ed. Aug. 4, 2009). The bill would to expand the boundaries of the Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary.

  • S. 380 (conservation) was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 111-65, 155 Cong. Rec. S8759 (daily ed. Aug. 4, 2009). The bill would expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve.

  • S. 859 (wildlife) was reported by the Committee on Commerce, Science, and Transportation. S. Rep. No. 111-70, 155 Cong. Rec. S8992 (daily ed. Aug. 6, 2009). The bill to amend the provisions of law relating to the John H. Prescott Marine Mammal Rescue Assistance Grant Program.

  • H.R. 1275 (land conveyance) was reported by the Committee on Energy and Natural Resources. H. Rep. No. 111-67, 155 Cong. Rec. S8759 (daily ed. Aug. 4, 2009). The bill would direct the exchange of certain land in Grand, San Juan, and Uintah Counties, Utah.

  • H.R. 2938 (hydroelectricity) was reported by the Committee on Energy and Natural Resources. H. Rep. No. 111-68, 155 Cong. Rec. S8759 (daily ed. Aug. 4, 2009). The bill would extend the deadline for commencement of construction of a hydroelectric project.

Bills Introduced



  • S. 1557 (Burr, R-N.C.) (national parks) would reinstate the Interim Management Strategy governing off-road vehicle use in the Cape Hatteras National Seashore, North Carolina, pending the issuance of a final rule for off-road vehicle use by the National Park Service. 155 Cong. Rec. S8681 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1560 (Begich, D-Alaska) (Arctic Ocean) would amend the Outer Continental Shelf Lands Act to provide for the sharing of certain outer continental shelf revenues from areas in the Alaska Adjacent Zone. 155 Cong. Rec. S8681 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1561 (Begich, D-Alaska) (Arctic Ocean) would ensure safe, secure, and reliable marine shipping in the Arctic, including the availability of aids to navigation, vessel escorts, oil spill response capability, and maritime search and rescue in the Arctic. 155 Cong. Rec. S8681 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1562 (Begich, D-Alaska) (Arctic Ocean) would provide for a study and report on research on the U.S. Arctic Ocean. 155 Cong. Rec. S8681 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1563 (Begich, D-Alaska) (Arctic Ocean) would amend the State Department Basic Authorities Act of 1956 to establish a U.S. Ambassador at Large for Arctic Affairs. 155 Cong. Rec. S8681 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Foreign Relations.

  • S. 1564 (Begich, D-Alaska) (Arctic Ocean) would enhance the readiness of the United States to deal with increased maritime and development activity in the Arctic as a result of climate change. 155 Cong. Rec. S8681 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1565 (Begich, D-Alaska) (Arctic Ocean) would seek to improve Arctic health. 155 Cong. Rec. S8681 (daily ed. Aug. 3. 2009). The bill was referred to the Committee on Health, Education, Labor, and Pensions.

  • S. 1566 (Begich, D-Alaska) (Arctic Ocean) would create the American Arctic Adaptation Grant Program to prevent or mitigate effects of Arctic climate change. 155 Cong. Rec. S8681 (daily ed. Aug 3, 2009). The bill was referred to the Committee on Environment and Public Works.

  • S. 1567 (Brownback, R-Kan.) (wildlife) would provide for the issuance of a Multinational Species Conservation Funds Semipostal Stamp. 155 Cong. Rec. S8681 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Homeland Security and Governmental Affairs.

  • S. 1571 (Feinstein, D-Cal.) (land conveyance) would provide for a land exchange involving certain National Forest System land in the Mendocino National Forest in the state of California. 155 Cong. Rec. S8765 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1573 (Wyden, D-Or.) (water) 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. S8765 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1574 (Merkley, D-Or.) (renewable energy) would establish a Clean Energy for Homes and Buildings Program in the DOE to provide financial assistance to promote residential-, commercial-, and industrial-scale energy efficiency and on-site renewable technologies. 155 Cong. Rec. S8765 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1575 (Udall, D-Colo.) (oil and gas leases) would amend title 10, U.S. Code, to ensure that excess oil and gas lease revenues are distributed in accordance with the Mineral Leasing Act. 155 Cong. Rec. S8765 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1576 (Shaheen, D-N.H.) (greenhouse gases) would require the Secretary of Agriculture to establish a carbon incentives program to achieve supplemental greenhouse gas emission reductions on private forest land of the United States. 155 Cong. Rec. S8765 (daily ed. Aug. 3, 2009). The bill was referred to the Committee on Agriculture, Nutrition, and Forestry.

  • S. 1579 (Reid, D-Nev.) (wildlife) would amend the Wild Free-Roaming Horses and Burros Act to improve the management and long-term health of wild free-roaming horses and burros. 155 Cong. Rec. S8864 (daily ed. Aug. 5, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1588 (Wyden, D-Or.) (energy) would amend the Internal Revenue Code of 1986 to provide the same tax treatment for both commercial and noncommercial investors in oil and natural gas and related commodities. 155 Cong. Rec. S8992 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Finance.

  • S. 1590 (Gillibrand, D-N.Y.) (energy) would establish a clean energy technology business competition grant program.155 Cong. Rec. S8992 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1593 (Menendez, D-N.J.) (renewable energy) would authorize the establishment of a Social Investment and Economic Development for the Americas Fund to reduce poverty, expand the middle class, foster increased economic opportunity, and promote engagement on the use of renewable fuel sources and climate change in the Americas. 155 Cong. Rec. S8992 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Foreign Relations.

  • S. 1596 (Boxer, D-Cal.) (land conveyance) would authorize the Secretary of the Interior to acquire the Gold Hill Ranch in Coloma, California. 155 Cong. Rec. S8992 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1601 (Udall, D-Colo.) (wildlife) would provide for the release of water from the marketable yield pool of water stored in the Ruedi Reservoir for the benefit of endangered fish habitat in the Colorado River. 155 Cong. Rec. S8992 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1602 (Udall, D-Colo.) (oil and gas leases) would to amend title 10, U.S. Code, to ensure that excess oil and gas lease revenues are distributed in accordance with the Mineral Leasing Act. 155 Cong. Rec. S8992 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Armed Services.

  • S. 1609 (Cantwell, D-Wash.) (fisheries) would authorize a single fisheries cooperative for the Bering Sea Aleutian Islands longline catcher processor subsector. 155 Cong. Rec. S8992-3 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Commerce, Science, and Transportation.

  • S. 1617 (Brown, D-Ohio) (energy) would require the Secretary of Commerce to establish a program for the award of grants to states to establish revolving loan funds for small and medium-sized manufacturers to improve energy efficiency and produce clean energy technology. 155 Cong. Rec. S8993 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1619 (Dodd, D-Conn.) (sustainable communities) would establish the Office of Sustainable Housing and Communities, the Interagency Council on Sustainable Communities, a comprehensive planning grant program, and a sustainability challenge grant program. 155 Cong. Rec. S8993 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Banking, Housing, and Urban Affairs.

  • S. 1620 (Bingaman, D-N.M.) (fuel economy) would amend the Internal Revenue Code of 1986 to provide tax incentives and fees for increasing motor vehicle fuel economy. 155 Cong. Rec. S8993 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Finance.

  • S. 1621 (Sanders, I-Vt.) (energy) would improve thermal energy efficiency and use. 155 Cong. Rec. S8993 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Energy and Natural Resources.

  • S. 1622 (Barrasso, R-Wyo.) (CAA) would limit the applicability of the U.S. Supreme Court's ruling in Massachusetts v. EPA, 549 U.S. 497, 37 ELR 20075 (2007), to sources regulated under CAA §202. 155 Cong. Rec. S8993 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Environment and Public Works.

  • S. 1637 (Snowe, R-Me.) (energy) would amend the Internal Revenue Code of 1986 to improve and extend certain energy-related tax provisions. 155 Cong. Rec. S8993 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Finance.

  • S. 1639 (Bingaman, D-N.M.) (energy) would amend the Internal Revenue Code of 1986 to improve and extend certain energy-related tax provisions. 155 Cong. Rec. S8993 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Finance.

  • S. 1643 (Snowe, R-Me.) (energy) would amend the Internal Revenue Code of 1986 to allow a credit for the conversion of heating using oil fuel to using natural gas or biomass feedstocks. 155 Cong. Rec. S8994 (daily ed. Aug. 6, 2009). The bill was referred to the Committee on Finance.

  • H.R. 3444 (Farr, D-Cal.) (parks) would establish Pinnacles National Park in the state of California as a unit of the National Park System. 155 Cong Rec. H9275 (daily ed. July 31, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 3448 (Pitts, R-Pa.) (nuclear energy) would establish an expedited schedule for the issuance of a Combined Construction and Operating License for nuclear reactors that meet certain conditions. 155 Cong Rec. H9275 (daily ed. July 31, 2009). The bill was referred to the Committee on Energy, Commerce, and Natural Resources.

  • H.R. 3460 (Bilbray, R-Cal.) (biofuel) would amend the CAA to include algae-based biofuel in the renewable fuel program and amend the Internal Revenue Code of 1986 to include algae-based biofuel in the cellulosic biofuel producer credit. 155 Cong Rec. H9276 (daily ed. July 31, 2009). The bill was referred to the Committees on Ways and Means, Energy, and Commerce.

  • H.R. 3476 (Garrett, R-N.J.) (parks) would reauthorize the Delaware Water Gap National Recreation Area Citizen Advisory Commission. 155 Cong Rec. H9277 (daily ed. July 31, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 3480 (Grijalva, D-Ariz.) (wildlife) would conserve global bear populations by prohibiting the importation, exportation, and interstate trade of bear viscera and items, products, or substances containing, or labeled or advertised as containing, bear viscera. 155 Cong Rec. H9277 (daily ed. July 31, 2009). The bill was referred to the Committee on Natural Resources, Foreign Affairs, and Ways and Means

  • H.R. 3481 (Grijalva, D-Ariz.) (water) would provide for the protection of the quality of water in the Lower Colorado River and the development and implementation of a comprehensive plan for the prevention and elimination of pollution in the Lower Colorado River and the maintenance of a healthy Lower Colorado River ecosystem. 155 Cong Rec. H9277 (daily ed. July 31, 2009). The bill was referred to the Committee on Transportation and Infrastructure and the Committee on Natural Resources.

  • H.R. 3482 (Heller, R-Nev.) (energy) would make renewable energy production a priority on certain public lands for the purpose of responsibly producing clean, affordable power for the American people. 155 Cong Rec. H9277 (daily ed. July 31, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 3488 (Israel, D-N.Y.) (Clean Cities program) would direct the Secretary of Energy to carry out the Clean Cities program. 155 Cong Rec. H9277 (daily ed. July 31, 2009). The bill was referred to the Committees on Energy and Commerce.

  • H.R. 3503 (McDermott, D-Wash.) (wildlife) would seek to ensure that proper information gathering and planning are undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River Basin and direct the Secretary of Commerce to seek scientific analysis of federal efforts to restore salmon and steelhead listed under the ESA. 155 Cong Rec. H9278 (daily ed. July 31, 2009). The bill was referred to the Committees on Transportation and Infrastructure, Natural Resources, and Energy and Commerce.

  • H.R. 3505 (Miller, Gary, R-Cal.) (energy) would seek to increase the supply of American-made energy, reduce energy costs to the American taxpayer, provide a long-term energy framework to reduce dependence on foreign oil, tap into American sources of energy, and reduce the size of the federal deficit. 155 Cong Rec. H9278 (daily ed. July 31, 2009). The bill was referred to the Committees on Natural Resources, Ways and Means, Energy and Commerce, the Judiciary, and Science and Technology.

  • H.R. 3511 (Sablan, D-V.I.) (national monuments) would authorize the Secretary of the Interior to establish and operate a visitor facility to fulfill the purposes of the Marianas Trench Marine National Monument. 155 Cong Rec. H9278 (daily ed. July 31, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 3514 (Schrader, D-Or.) (water) would amend the Columbia River Gorge National Scenic Area Act. 155 Cong Rec. H9278 (daily ed. July 31, 2009). The bill was referred to the Committee on Natural Resources.

  • H.R. 3523 (Teague, D-N.M.) (energy) would direct the Secretary of Energy to provide for the establishment of accreditation standards relating to biofuel engineering and support for undergraduate and graduate degree programs that create the engineering skills necessary to support biofuel production. 155 Cong Rec. H9279 (daily ed. July 31, 2009). The bill was referred to the Committee on Science and Technology.

  • H.R. 3524 (Thompson, D-Cal.) (conservation easements) would amend the Internal Revenue Code of 1986 to provide an exclusion from the gross estate for certain farmlands and lands subject to qualified conservation easements. 155 Cong Rec. H9279 (daily ed. July 31, 2009). The bill was referred to the Committee on Ways and Means.

  • H.R. 3525 (Thompson, D-Cal.) (energy) would amend the Internal Revenue Code of 1986 to provide for the treatment of bonds issued to finance renewable energy resource facilities, conservation and efficiency facilities, and other specified greenhouse gas emission technologies. 155 Cong Rec. H9279 (daily ed. July 31, 2009). The bill was referred to the Committee on Ways and Means.

  • H. Res. 710 (Castor, D-Fla.) (National Estuaries Day) would support the goals and ideals of National Estuaries Day. 155 Cong Rec. H9280 (daily ed. July 31, 2009). The resolution 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:





















Alabama Delaware Indiana
Arkansas Florida Iowa
California Georgia Kentucky
Colorado Idaho Massachusetts
Connecticut Illinois  

ALABAMA


Air:



  • The Department of Environmental Management will hold a public hearing on proposed revisions to the Alabama SIP. The changes would incorporate measures to address the Jackson County portion of the Chattanooga, Tennessee, nonattainment area for the annual NAAQS for fine particulate matter. The hearing will be September 16, 2009. See http://www.adem.state.al.us//PublicNotice/Aug09/8alsip.htm

Hazardous & Solid Waste:



  • The Department of Environmental Management will hold a public hearing on proposed adoption of Ala. Admin. Code r. 335-13-13, which would establish a statewide solid waste reduction and recycling goal. The hearing will be September 23, 2009. See http://www.adem.state.al.us//PublicNotice/Aug09/8div13.htm

Toxic Substances:



  • The Department of Environmental Management will hold a public hearing on proposed amendments to Ala. Admin. Code r. 335-6-15-.02, Definitions; 335-6-15-.04, Interim Prohibition for Deferred UST Systems; 335-6-15-.10, Operation and Maintenance of Corrosion Protection; 335-6-15-.13, Reporting and Recordkeeping; 335-6-15-.45, Delivery Prohibition; 335-6-15-.46, Operator Training; and 335-6-15-.47, Severability. Changes are being proposed to provide updated regulations to meet the requirements of the Operator Training Provisions of the federal Energy Policy Act of 2005 and to revise certification requirements for cathodic protection testers. The hearing will be September 11, 2009. See http://www.adem.state.al.us//PublicNotice/July09/7div6.htm

  • The Department of Environmental Management will hold a public hearing on proposed amendments to Ala. Admin. Code r. 335-6-16-.07, Trust Fund Fee and Charge; 335-6-16-.09, Scope of Tank Trust Fund Coverage. The changes would establish the annual Trust Fund Charge and scope of Trust Fund coverage, effective January 1, 2010. The Trust Fund Charge is proposed at $0.0125 per gallon, and the scope of Trust Fund coverage is proposed at $1.1 million per incident. See http://www.adem.state.al.us//PublicNotice/Aug09/8div6.htm

ARKANSAS


Toxic Substances:



  • The Pollution Control and Ecology Commission will hold a public hearing on proposed amendments to Commission Regulation No. 12, which governs the Arkansas Regulated Storage Tank (RST) program. The proposed revisions are designed to make Regulation No. 12 comply with state and federal legislation affecting the state's RST program, specifically Act 264 of the 2007 Arkansas General Assembly, Act 282 of the 2009 Arkansas General Assembly, and the federal Energy Policy Act of 2005. The hearing will be August 31, 2009. See http://www.adeq.state.ar.us/ftproot/pub/pa/Regulation_Notices/2009-07-29_Notice_of_Proposed_Changes_to_Regulation_12.mht

CALIFORNIA


Air:



  • The Air Resources Board will hold a public hearing on proposed amendments to Cal. Code Regs. tit. 17, §§94508, 94509, 94510, 94511, 94512, 94513, and 94515, Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products. The proposed regulatory action would amend the existing Consumer Products Regulation by adding and modifying product category definitions and by establishing new or lower VOC limits for three categories: Double Phase Aerosol Air Fresheners; Multi-Purpose Solvents; and Paint Thinners. The hearing will be September 24, 2009. See http://www.arb.ca.gov/regact/2009/cpmthd310/cpmthd310.htm

  • The Air Resources Board will hold a public hearing on proposed amendments to Cal. Code Regs. tit. 13, §1961, California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. The proposed amendments would provide affected manufacturers with the ability to demonstrate compliance based on their fleet average of vehicles produced and delivered for sale in California, the District of Columbia, and in all states that have adopted and can enforce California's greenhouse gas emission standards, pursuant to CAA §177. The hearing will be September 24, 2009. See http://www.arb.ca.gov/regact/2009/ghgpv09/ghgpv09.htm

General:



  • The Office of Environmental Health Hazard Assessment seeks public comment on proposed amendments to Cal. Code Regs. tit. 27, §25903, Notice of Violation. The amendments would allow 60-day notices on Proposition 65 actions to be sent to prosecutors via electronic mail if the prosecutor has consented to such service. Comments are due August 28, 2009. See http://www.oal.ca.gov/pdfs/notice/30z-2009.pdf (pp. 1164-65)

COLORADO


Water:



CONNECTICUT


Wildlife:



  • The Department of Environmental Protection will hold a public hearing on proposed amendments to Conn. Agencies Regs. §§26-306-4, 26-306-5, and 26-306-6. The proposed amendments would update the lists of species that are endangered, threatened, or of special concern. The hearing will be September 16, 2009. See http://www.ct.gov/dep/cwp/view.asp?A=2586&Q=444390

DELAWARE


Air:



Hazardous & Solid Waste:



Water:



FLORIDA


Water:



  • The Southwest Florida Water Management District has proposed amendments to Fla. Admin. Code Ann rr. 40D-1.1003, Time for Consideration of a Petition for an Emergency Variance or Waiver; 40D-1.1010, Point of Entry into Proceedings; 40D-1.1021, Emergency Authorization of Permits for Activities Regulated Under Part IV of Chapter 373, F.S; 40D-1.600, Permit Applications - General and Noticed General Permits; 40D-1.604, Bonds; 40D-1.6051, Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications; 40D-2.041, Permits Required; 40D-2.091, Publications Incorporated by Reference; 40D-2.311, Competing Applications; 40D-2.331, Modification of Permits; and 40D-2.381, Standard Permit Conditions. See https://www.flrules.org/Gateway/View_notice.asp?id=7444573 ; and https://www.flrules.org/Gateway/View_notice.asp?id=7444379

  • The Department of Environmental Protection will hold a public workshop on proposed revisions to Fla. Admin. Code Ann rr. 62-302.200, Definitions; 62-302.300, Findings, Intent, and Antidegradation Policy for Surface Water Quality; 62-302.400, Classification of Surface Waters, Usage, Reclassification, Classified Waters; 62-302.500, Surface Waters: Minimum Criteria, General Criteria; 62-302.520, Thermal Surface Water Criteria; 62-302.530, Table: Surface Water Quality Criteria; 62-302.540, Water Quality Standards for Phosphorus Within the Everglades Protection Area; 62-302.700, Special Protection, Outstanding Florida Waters, Outstanding National Resource Waters; and 62-302.800, Site Specific Alternative Criteria. The Department is initiating this rulemaking to receive comments from the public regarding the establishment of a new surface water classification system based on the recommendations of a previously established advisory committee known as the Designated Uses Policy Advisory Committee. The hearing will be August 18, 2009. See https://www.flrules.org/Gateway/View_notice.asp?id=7421681

  • The Department of Environmental Protection will hold a public haring on proposed amendments to Fla. Admin. Code Ann rr. 62-304.310, Apalachicola River Basin Total TMDL; 62-304.315, Chipola River Basin TMDL; 62-304.415, Lower St. Johns River Basin TMDL; 62-304.505, Middle St. Johns River Basin TMDL; 62-304.600, Tampa Bay Basin TMDL; 62-304.605, Alafia River TMDL; 62-304.610, Hillsborough River Basin TMDL; 62-304.615, Manatee River Basin TMDL; 62-304.620, Little Manatee River Basin TMDL; and 62-304.805, Charlotte Harbor Basin TMDL. These TMDLs address fecal coliform, dissolved oxygen, and nutrient impairments. The hearing will be September 3, 2009. See https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2009/3531/3531doc.pdf (pp. 3712-744)

Wildlife:



  • The Southwest Florida Management District will hold a public hearing on proposed amendments to Fla. Admin. Code Ann rr. 40E-4.021, Definitions, and 40E-4.091, Publications, Rules, and Interagency Agreements Incorporated by Reference. The amendments reflect that the bald eagle is no longer classified by the Florida Fish and Wildlife Conservation Commission (FWC) as a threatened species under its imperiled species regulations; continue to provide to the bald eagle (which is still protected under the federal Bald and Golden Eagle Protection Act) protections afforded by the district's rules to wildlife species as classified by FWC as endangered, threatened, or species of special concern; and update rule references to listed wildlife and plants in the definitions of "listed species," "endangered species," and "threatened species." The hearing will be September 10, 2009. See https://www.flrules.org/Gateway/View_notice.asp?id=6483497

GEORGIA


Hazardous & Solid Waste:



  • The Department of Natural Resources will hold a public hearing on proposed amendments to Ga. Comp R. & Regs. 391-3-19, Rules for Hazardous Site Response. The amendments incorporate revised toxicity hierarchy to match hierarchy specified by U.S. EPA. The hearing will be September 3, 2009. See http://www.gaepd.org/environet/19/

IDAHO


Air:



  • The Department of Environmental Quality will hold a public hearing on proposed amendments to Idaho Admin. Code r. 58.01.01, Rules Governing Air Pollution in Idaho. The amendments update citations to the federal regulations incorporated by reference as mandated by the U.S. Environmental Protection Agency for approval of the state's Title V Operating Permit Program. The hearing will be September 8, 2009. See http://www.deq.idaho.gov/rules/air/58_0101_0903_proposed.cfm

Hazardous & Solid Waste:



  • The Department of Environmental Quality seeks public comment on proposed amendments to Idaho Admin. Code r. 58.01.05, Rules and Standards for Hazardous Waste. The amendments update the federal regulations incorporated by reference to include those revised as of July 1, 2009. Comments are due September 2, 2009. See http://www.deq.idaho.gov/rules/haz_waste/58_0105_0901_proposed.cfm

ILLINOIS


General:



  • The Illinois Environmental Protection Agency adopted amendments to 35 Ill. Code r. 320, Fees For Construction Permits Required Under §12(b) of the Illinois Environmental Protection Act. The amendments update the procedures the Agency uses to collect permit fees and the amounts of those fees in response to changes to §12.2 of the Act. See http://www.cyberdriveillinois.com/departments/index/register/register_volume33_issue32.pdf (pp. 11464-476)

INDIANA


Water:



  • The Water Pollution Control Board will hold a public hearing on 327 Ind. Admin. Code 2-1, establishing water quality standards for waters of the state; 327 Ind. Admin. Code 5-2 and 327 Ind. Admin. Code 5-4, concerning NPDES rules; 327 Ind. Admin. Code 8-2 and 8-2.5, establishing the drinking water standards and the disinfectants and disinfection requirements in public water supply, respectively; 327 Ind. Admin. Code 15-13, establishing rules under the NPDES General Permit System for storm water run-off associated with municipal separate storm sewer system conveyances; and 327 Ind. Admin. Code 15-14, establishing rules under the NPDES General Permit System for On-Site Residential Sewage Discharging Disposal Systems within the Allen County On-Site Waste Management District. These rules are subject to a seven-year review. The hearing will be October 14, 2009. Comments are due September 4, 2009. See http://www.in.gov/legislative/iac/irtoc.htm?view=list&lsadocnum=09-596

  • The Water Pollution Control Board seeks public comment on proposed re adoption of 327 Ind. Admin. Code 5-2.1, Combined Sewer Overflow Public Notification; 327 Ind. Admin. Code 6.1-7.5, Small Quantity Generators–Pollutant-Bearing Water; and 327 Ind. Admin. Code 6.1-8, Storage Structures. Comments are due September 4, 2009. See http://www.in.gov/legislative/iac/irtoc.htm?view=list&lsadocnum=09-595

IOWA


Water:



  • The Department of Natural Resources adopted emergency amendments to Iowa Admin. Code r. 9, Groundwater Hazard Documentation. The amendments improve the implementation of the septic tank time-of-transfer requirements and simplify for county recorders the determination of when a Groundwater Hazard Statement is required. See http://www.legis.state.ia.us/asp/ACODOCS/DOCS/07-29-2009.Bulletin.pdf (pp. 322-23)

  • The Environmental Protection Commission will hold a series of public hearings on proposed amendments to Iowa Admin. Code r. 61, Appendix B – Outstanding Iowa Waters. Several have been removed based on a scientific review of existing water quality conditions that do not meet the proposed criteria for Outstanding Iowa Waters at this time and the potential adverse regulatory impacts. In addition, several new creeks have been added based on a scientific review of existing water quality conditions that do meet the proposed criteria for Outstanding Iowa Waters. Changes have also been made regarding Dalton Lake. The hearings will be September 1 and 3, 2009. See http://www.legis.state.ia.us/asp/ACODOCS/DOCS/08-12-2009.Bulletin.pdf (pp. 425-28)

KENTUCKY


Air:



  • The Division of Air Quality will hold a public hearing on proposed amendments to 401 Ky. Admin. Regs. 60:005, concerning 40 C.P.A. Part 60 standards of performance for new stationary sources; and 401 Ky. Admin. Regs. 60:671, Repeal of 401 Ky. Admin. Regs. 60:670. The proposed amendment to 401 Ky. Admin. Regs. 60:005 would adopt federal regulations that were previously adopted with alternative compliance standards in 401 Ky. Admin. Regs. 60:670 due to a potential safety concern in a monitoring provision. 401 Ky. Admin. Regs. 60:671 would repeal 401 Ky. Admin. Regs. 60:670 because the safety concern has been eliminated and the regulation, therefore, is no longer needed. The hearing will be August 26, 2009. See http://www.air.ky.gov/home page_repository/Public+Hearings.htm

MASSACHUSETTS


Air:



  • The Department of Environmental Protection amended 310 Mass. Code Regs. 7.00, Air Permit Streamlining Regulations. The amendments are intended to improve the efficiency and effectiveness of environmental permitting and regulation. See http://www.mass.gov/dep/air/laws/regulati.htm#Lapps

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


INTERNATIONAL

CLIMATE TALKS FAIL TO MAKE SIGNIFICANT PROGRESS



"If we continue at this rate we are not going to make it," said Yvo de Boer, Executive Secretary of the United Nations Framework Convention on Climate Change (UNFCCC) at the August 14 conclusion of the most recent round of informal talks toward a new international climate agreement in Copenhagen this December. Negotiators from UNFCCC signatory countries failed to reach significant agreement on a number of major issues ranging from greenhouse gas emissions targets for developing nations, the form of any obligations that would fall on developing countries that are major emitters, and financial support for developing countries that face significant impacts from a changing climate. Negotiators will meet in Bangkok later next month to continue discussions, and discussions continue between major emitters in other fora. For the full story, see http://www.dw-world.de/dw/article/0,,4572882,00.html


BANGLADESH RECEIVES $130M WORLD BANK LOAN FOR RURAL SOLAR PROJECT



The World Bank is providing Bangladesh with a $130m loan to install solar energy panels capable of powering 300,000 rural households. The Bank said the fund will go directly towards the installation of affordable solar home systems, which will help alleviate severe power shortages in the country's rural areas. "Investing in grid electricity alone will not realize the government of Bangladesh's goal of universal access to electricity by 2020," said Robert Floyd, the World Bank's acting country director for Bangladesh, adding that of the country's 156 million citizens, only 40 percent have access to power. "Many of these households in poor areas are too remote to connect to the electricity grid and would never receive electricity through conventional methods." For the full story, see http://www.businessgreen.com/business-green/news/2247126/bangladesh-receives-130m-world


EU APPROVES GERMAN SUPPORT FOR GREEN PRODUCTS



Germany will be permitted to give low-interest loans to companies making environmentally friendly products until the end of 2010, in a further effort to beat the recession in Europe's biggest economy, the European Union's (EU's) executive announced earlier this month. The decision clears Germany to offer interest-rate cuts of up to 50 percent for small and medium companies, and up to 25 percent for large ones, if they make "products that will meet or surpass future [EU] environmental protection standards." The EU is keen to channel some of the billions of euros it has deployed to kick-start the economy into producing more eco-friendly, and especially climate-friendly, products. "The European Commission has authorized . . . a scheme offering reduced-interest loans to businesses investing in the production of environmentally friendly products, as part of the German package to tackle the current economic crisis," a commission statement said. "It will allow state, regional or local authorities to grant until 31 December 2010 loans with subsidized interest payments until 31 December 2012 at the latest." For the full story, see http://www.earthtimes.org/articles/show/280299,brussels-approves-german-support-for-green-products.html


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


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