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PW: bnaweb22 -----Original Message----- From: "BNA Highlights" <bhighlig@bna.com<@ENRON Sent: Sunday, November 25, 2001 11:17 PM To: BNA Highlights Subject: Nov. 26 -- BNA, Inc. Daily Environment Report ______________________________ DAILY ENVIRONMENT REPORT Highlights & Table of Contents November 26, 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 __________ WHITMAN SAYS ENVIRONMENT STILL PROTECTED DESPITE ANTI-TERRORISM FOCUS Despite taking on new responsibilities in response to the Sept. 11 terrorist attacks, EPA will continue to ensure the quality of the nation's air, water, and land is protected, Administrator Whitman says in an interview with BNA. "We've obviously had to reallocate, shift some resources and people around in order to meet the responsibilities post-September 11th," Whitman says. But the various offices of EPA are "continuing to do what they need to do. We're continuing to work on the issues that are priorities." Whitman says the agency is not diverting resources from high-priority matters, like superfund cleanups, "but we've asked everyone to go back and reprioritize and see if there are other cleanups that are not very environmentally sensitive." . . . Page AA-1, Text F-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8f9t6_ http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u1z6_ U.S. COURT AFFIRMS CLASSIFICATION OF DIOXIN AS 'KNOWN' HUMAN CARCINOGEN The Department of Health and Human Services acted reasonably in upgrading dioxin from a "reasonably anticipated" to a "known" human carcinogen in the National Toxicology Program list, according to the U.S. Court of Appeals for the District of Columbia Circuit. The court's decision is expected to have major implications for EPA's ongoing reassessment of the risks of dioxin. The agency hopes to complete its final reassessment of dioxin early next year. . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u3v0_ EMPLOYEES OF ENVIRONMENTAL LAB ACQUITTED OF CHARGES OF FALSIFYING DATA Eight former employees of Intertek Testing Services Environmental Labs Inc., an environmental testing firm, are found not guilty by a federal court jury in Dallas, Texas, of charges that they falsified test data in order to meet quality standards required by EPA. The lab analyzed samples of air, liquids, soils, pesticides, explosives, and nerve/chemical agents for consulting firms, engineering companies, and federal, state, and local governments, according to the Department of Justice. . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8q7r3_ EPA ENDS REVIEW OF FUMIGANT TELONE, SAYS BENEFITS OUTWEIGH RISKS EPA says it has ended a special review of cancer risks posed by the fumigant telone, finding the pesticide's benefits outweigh its risks. The fumigant is an alternative to methyl bromide, which is being phased out under the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8q5h2_ COMMENT PERIOD EXTENDED ON WHOLE EFFLUENT TOXICITY TEST METHODS The comment period on a proposed rule updating methods for measuring whole effluent toxicity in effluents and the waters into which they are discharged is extended by EPA until Jan. 11, 2002. The proposed rule would modify whole effluent toxicity test procedures, which seek to characterize effluent as a whole in terms of its toxic effects on certain test species. . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8f6k6_ BESTFOODS FOUND NOT LIABLE FOR CLEANUP COSTS AT MICHIGAN SUPERFUND SITE A federal court finds Bestfoods Inc. is not liable for superfund cleanup costs at the site of a chemical manufacturing plant in Muskegon County, Mich. The U.S. District Court for the Western District of Michigan decides the Englewood, N.J.-based food-processing company is not responsible for cleanup costs because Michigan and EPA failed to prove the company, and not its subsidiary, Ott Chemical Co., actually operated the plant. . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u7q0_ WORK BLOCKED IN EFFORT TO TREAT SEWAGE GENERATED BY TIJUANA, MEXICO Millions of gallons of Tijuana wastewater continue to flow daily from Mexico into the United States as bureaucratic infighting, legal challenges, and international complications stall efforts to achieve secondary treatment levels. Litigation and infighting block what began as a U.S. effort to help Mexico's state of Baja California clean the wastewater its Tijuana River brings north and into U.S. coastal waters. . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8e5f9_ _____________ AIR POLLUTION _____________ CALIFORNIA: The Bay Area Air Quality Management District approves a measure to reduce the allowable level of volatile organic compound emissions from architectural paints and coatings. The amendments are in line with architectural coating standards recommended by the California Air Resources Board. . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8h6n2_ OREGON: The Oregon Department of Environmental Quality schedules hearings in December on major proposed fee increases for air quality permits. The fee hikes will be substantial for larger businesses and less for small companies. . . . Page A-7 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u6d1_ EUROPEAN UNION: A proposal for the mandatory introduction of sulfur-free gasoline in the European Union by Jan. 1, 2008, is scheduled to come up for a vote later this week. . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5u7d7_ NORWAY: Strengthened regulations, increased environmental taxes, and shifts in fuel and energy sources are credited by the government with helping Norway cut sulfur emissions in half between 1990 and 1999, with a further one-year reduction of nearly 10 percent between 1999 and 2000. . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8c1t3_ _________ INTERVIEW _________ EPA: Transcript of Interview Nov. 21 with Administrator Whitman. . . . Page F-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u1z6_ _________________ TABLE OF CONTENTS _________________ LEADING THE NEWS EPA Nation's environment will be protected despite anti-terrorism focus, Whitman says . . . Page AA-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8f9t6_ ____ NEWS ____ AIR POLLUTION EU to consider proposal to require sulfur-free gasoline, diesel fuel . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5u7d7_ Oregon agency wants large fee increases for air quality permits . . . Page A-7 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u6d1_ Regulatory, tax policies cited for reduction in Norway's sulfur emissions . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8c1t3_ San Francisco Bay Area moves to reduce levels of VOCs in paints, coatings . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8h6n2_ ENFORCEMENT Employees of testing services firm acquitted of charges of falsifying data . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8q7r3_ EPA Nation's environment will be protected despite anti-terrorism focus, Whitman says . . . Page AA-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8f9t6_ INTERNATIONAL ISSUES EU supports plans on energy, chemicals, rejects water proposal . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8t4g6_ PESTICIDES EPA terminates telone cancer review, citing benefits of alternative . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8q5h2_ SUPERFUND Food-processing firm found not liable for cleanup costs at Michigan site . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u7q0_ TOXIC SUBSTANCES Appeals court affirms classification of dioxin as 'known' carcinogen . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u3v0_ WATER POLLUTION EPA extends comment period on effluent toxicity test methods . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8f6k6_ Infighting, litigation hamper effort to treat sewage generated by border city . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8e5f9_ IN BRIEF Comment period extended on trichloroethylene . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8t1t8_ FHWA issues guidance on particulate matter . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8t1t5_ Report on remediation technology costs released . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8d5f8_ U.S. plans meeting on chemical labels . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/A0A4Y8V2V4_ ________ CALENDAR ________ CONGRESS Legislative calendar . . . Page C-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8x5g4_ PRESIDENT President's calendar . . . Page C-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8x5p2_ _________________ REGULATORY AGENDA _________________ COMMENT DEADLINES Due dates for comments on pending rules . . . Page D-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8p2t3_ NOV. 26 FEDERAL REGISTER Entries from today's table of contents . . . Page D-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8r8p6_ NOV. 23 FEDERAL REGISTER Previous day's entries with page citations . . . Page D-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8r8p6_ ______________________ LOBBYING REGISTRATIONS ______________________ LOBBYISTS Registrations filed under the Lobbying Disclosure Act . . . Page F-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8r0h5_ _________ INTERVIEW _________ CHRISTINE TODD WHITMAN Text of BNA interview with EPA administrator . . . Page F-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u1z6_ ______________ TABLE OF CASES ______________ Bestfoods Inc. v. Aerojet-General Corp. (W.D. Mich.) . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u7q0_ Tozzi v. HHS (D.C. Cir.) . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8u3v0_ United States v. Jeffus (N.D. Tex.) . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8q7r3_ ___________________________________________________________ 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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