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PW: bnaweb22 -----Original Message----- From: "BNA Highlights" <bhighlig@bna.com<@ENRON Sent: Monday, November 19, 2001 11:23 PM To: BNA Highlights Subject: Nov. 20 -- BNA, Inc. Daily Environment Report ______________________________ DAILY ENVIRONMENT REPORT Highlights & Table of Contents November 20, 2001 ______________________________ ISSN 1521-9402 Registered Web subscribers can access the full text of these articles by using the URL link supplied. Information about becoming a subscriber or signing up for a FREE Web trial is available at http://web.bna.com or call BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET). __________ HIGHLIGHTS __________ INTERIOR'S REVISIONS OF HARDROCK MINING REGULATIONS CHALLENGED IN COURT Environmental groups amend a lawsuit in federal district court to overturn recent revisions the Department of Interior made to rules regulating mining on public lands. Claiming the revisions further weaken the environmental mining rules, the Mineral Policy Center, Great Basin Mine Watch, and Guardians of Our Rural Environment challenge Interior Secretary Norton's decisions on the grounds they violate the Federal Land Policy and Management Act's mandate "to prevent undue degradation" of public lands. The groups also asked the U.S. District Court for the District of Columbia to prevent the Norton mining rules from taking effect while the court considers the case. . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4v2_ EPA TO PROPOSE EMISSIONS LIMITS FOR ASPHALT PROCESSING OPERATIONS EPA is proposing air toxics emissions standards for asphalt processing and asphalt roofing manufacturers. The proposed rule would apply to facilities that produce "blown" asphalt for use in making roof shingles. The proposal also would apply to plants that apply blown asphalt to fiberglass or apply felt to produce shingles. The proposed rule is ready for publication in the "Federal Register", but its publication date is not set. . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4d4_ NEW YORK ENACTS NEW RULES FOR PROPOSED ELECTRIC GENERATING FACILITIES Gov. Pataki signs legislation to expand the environmental requirements power companies must meet before they can participate in New York's expedited approval process for new or modified electric generating facilities. Under the new law, power companies must demonstrate their proposed facility would be equipped with technologies that avoid or minimize the number of aquatic organisms that are impinged on filtering screens or entrained in intake systems used to draw water to cool electric generation equipment. . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4p1_ NEW DATA REVIEWED AS EPA CONSIDERS CHANGES TO ANIMAL FEEDLOT PROPOSAL More flexible approaches to regulating water pollution from livestock operations are being considered by EPA as the result of new data received on a proposed rule to curb discharges from these facilities. A "notice of data availability" contains information the agency is considering to refine its cost and economics model used in the proposed rule that would set effluent limitation guidelines for concentrated animal feeding operations. . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6h8p5_ CALIFORNIA CONCENTRATES ON HEXAVALENT CHROMIUM RULE FOR DRINKING WATER California's Office of Environmental Health Hazard Assessment pulls the plug on its suggested "public health goal" for total chromium in drinking water because it was based on potentially flawed science. Allan Hirsch, a spokesman for the agency, says rather than set a new goal for total chromium, the state will focus on establishing a goal for hexavalent chromium, also called chromium 6. The California Department of Health Services is required to adopt a chromium 6 standard by January 2004. . . . Page A-11 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6k0z7_ IRRIGATION DISTRICT TO PAY FOR HABITAT PROJECTS TO SETTLE PESTICIDE LITIGATION An Oregon irrigation district agrees to pay $100,000 for habitat protection projects to resolve Clean Water Act litigation concerning aquatic herbicide applications under a proposed consent decree filed in the U.S. District Court for the District of Oregon. The case stems from the Talent Irrigation District's application of an aquatic herbicide to an irrigation canal. . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b6t5_ COURT PERMITS PRIVATE GROUPS TO APPEAL DECISION AFFECTING COHO SALMON A federal judge tells a consortium of environmental groups they may intervene to appeal a district court ruling affecting the listing of salmon as an endangered species. After the National Marine Fisheries Service announced it would not appeal the district court's decision that the agency had erred when listing only wild and not hatchery-reared Oregon Coastal coho salmon under the Endangered Species Act, Earthjustice and other environmental and fishing requested to intervene for the purposes of appeal. . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b3p8_ AIR DISTRICT APPROVES PLAN TO CUT DUST IN CALIFORNIA'S MAIN FARMING AREA The San Joaquin Valley Air Pollution Control District approves a measure to reduce dust from unpaved roads, parking lots, and storage areas. The rule is developed to address the air pollution problems in the 25,000-square-mile Central Valley, the state's main agricultural area, and to prevent EPA from blocking more than $2 billion in federal transportation funds. . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6h7j6_ HIGHWAY AGENCY, ARMY CORPS ADDRESS WETLANDS ISSUES, ROAD PROJECTS Officials from the Federal Highway Administration and the U.S. Army Corps of Engineers are working to address issues that can impede efficient wetlands permitting processes for transportation projects, officials tell an interagency meeting. As a result of a workshop on environmental streamlining, FHWA and corps officials are discussing a range of options for streamlining the Clean Water Act Section 404 permitting process for transportation projects that affect wetlands. . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b9x4_ DOE'S INSPECTOR GENERAL CITES LAW FIRM FOR POTENTIAL CONFLICT OF INTEREST A law firm contracted by the Energy Department to work on the Yucca Mountain nuclear waste repository may have violated the conflict-of-interest terms of its contract by continuing to lobby on behalf of the Nuclear Energy Institute, according to a report from the DOE Office of Inspector General. Nevada's two senators, both of whom strongly oppose the Yucca Mountain project, blast the law firm of Winston & Strawn for "misconduct" and vowed to pursue "every possible legal remedy." . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e1q0_ ___________________ HAZARDOUS MATERIALS ___________________ TRANSPORT: Legislation intended to protect the public against the threat of chemical attacks has aroused the opposition of hazardous materials transporters who say it could hamper the Department of Transportation's authority to regulate hazardous materials. The Chemical Security Act (S. 1602) would allow EPA to issue administrative orders and to secure relief through litigation when there is an "imminent and substantial endangerment from a potential accident or criminal release." The proposal has the potential to threaten Transportation's authority to regulate hazmat, says the National Association of Chemical Distributors. . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e0k3_ HAZARDOUS WASTE: Three wastes generated mainly from inorganic chemical manufacturing processes are now listed as hazardous waste in a final EPA rule to be published today. The three wastes--K176, K177, and K178--will now be regulated under the Resource Conservation and Recovery Act's hazardous waste management rules. . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6g8t9_ RESEARCH: EPA awards more than $22 million in grants to universities to establish five hazardous substance research centers. The centers will research potential effects of hazardous substances in the environment and will provide community outreach, according to EPA Administrator Whitman. . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e0r0_ _________________ TABLE OF CONTENTS _________________ NEWS AIR POLLUTION District approves plan to cut dust in California's major agricultural area . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6h7j6_ EPA to propose emissions limits for asphalt processing . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4d4_ ALASKA Two-year cruise ship initiative touted as success in cleaning air, water . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5r1f8_ BIOTECHNOLOGY Biotechnology offers solutions to industrial pollution, OECD says . . . Page A-7 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5z2g6_ DRINKING WATER California drops 'goal' for total chromium, concentrates on chromium 6 . . . Page A-11 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6k0z7_ ENDANGERED SPECIES Court permits groups to appeal decision affecting salmon . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b3p8_ EUROPEAN UNION Parliament seeks larger share of budget for environmental studies . . . Page A-7 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5k2y2_ HAZARDOUS WASTE Inorganic chemical wastes added to list of RCRA-regulated wastes . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6g8t9_ HAZMAT TRANSPORT Chemical security proposal challenged as threat to DOT authority . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e0k3_ MINING Revisions of hardrock regulations challenged in court by advocacy groups . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4v2_ NEW YORK Pataki signs bill expanding requirements for proposed electric generating plants . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4p1_ PESTICIDES EPA seeks advisory workgroup input on use of cumulative risk assessment . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5t1f4_ Irrigation district to pay for habitat projects in aquatic herbicide litigation . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b6t5_ RADIOACTIVE WASTE DOE's inspector general criticizes firm for potential conflict of interest . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e1q0_ RESEARCH EPA awards $22.5 million to five universities to study hazardous substances . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e0r0_ WATER POLLUTION New data being reviewed as EPA considers changes to CAFO proposal . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6h8p5_ WETLANDS FHWA, Army Corps work to address issues facing transportation projects . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b9x4_ IN BRIEF BNA publishes new hazmat spill reporting guide . . . Page A-12 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5z8f5_ EPA reports possible activities for private contracts . . . Page A-12 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6d6v0_ Polymer firm settles over explosion, worker deaths . . . Page A-12 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e2k6_ ________ CALENDAR ________ CONGRESS Legislative calendar . . . Page C-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6n0h2_ PRESIDENT President's calendar . . . Page C-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6n0y8_ PUBLIC LAWS Legislation recently signed into law . . . Page C-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6n0z9_ _________________ REGULATORY AGENDA _________________ COMMENT DEADLINES Due dates for comments on pending rules . . . Page D-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5r7a2_ NOV. 20 FEDERAL REGISTER Entries from today's table of contents . . . Page D-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5y8v1_ NOV. 19 FEDERAL REGISTER Previous day's entries with page citations . . . Page D-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5r7e4_ ______________ TABLE OF CASES ______________ Alsea Valley Alliance v. Evans (D. Or.) . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b3p8_ Environmental Defense Fund v. EPA (D.D.C.) . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6g8t9_ Headwaters Inc. v. Talent Irrigation District (D. Or.) . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b6t5_ Mineral Policy Center v. Norton (D.D.C.) . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4v2_ ___________________________________________________________ Daily Environment Report (ISSN 1521-9402) Highlights are published daily by The Bureau of National Affairs, Inc., 1231 25th St., NW, Washington, DC 20037. For account information and changes, contact 1-800-372-1033 (M-F, 8:30 am-7:00 pm ET) To request retransmission or to order a copy of the summarized article, contact 1-800-452-7773 or e-mail bnaplus@bna.com. Copyright © 2001 by The Bureau of National Affairs, Inc. Washington, D.C. 20037. Use of this service is subject to the terms and conditions of the license agreement with BNA. Unauthorized access or distribution is prohibited.
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