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PW: bnaweb22 -----Original Message----- From: "BNA Highlights" <bhighlig@bna.com<@ENRON Sent: Sunday, October 28, 2001 11:12 PM To: BNA Highlights Subject: Oct. 29 -- BNA, Inc. Daily Environment Report ______________________________ DAILY ENVIRONMENT REPORT Highlights & Table of Contents October 29, 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 __________ APPEALS COURT ASKED TO STAY RULING VACATING HAZARDOUS AIR POLLUTANT RULES EPA joins with the Sierra Club and industry petitioners in asking the U.S. Court of Appeals for the District of Columbia Circuit to stay a decision vacating hazardous air pollutant standards for hazardous waste combustors. The joint motion seeks to allow EPA to implement interim standards while it formulates a new rule setting forth permanent standards, according to an attorney representing industry plaintiffs. . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h9g4_ W.R. GRACE TO PAY $2.75 MILLION TO SETTLE SUIT OVER ACCESS TO MINE W.R. Grace & Co. will spend $2.75 million on additional health care benefits for residents in Libby, Mont., to settle a dispute with federal agencies over access to the company's vermiculite mining operations. EPA says the agreement also calls for Grace to pay $71,000 in fines for denying the agency full access to property that housed the former mine. EPA gained full access rights to the property in March when the U.S. District Court for the District of Montana ordered the company to allow access to the properties for investigation and cleanup work by the government. . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8j6t7_ SHIPPERS WANT FEDERAL INVOLVEMENT IN ANY FUTURE RAILROAD MORATORIUM Railroad customers who ship hazardous materials are calling for federal coordination if terrorist activities prompt another moratorium on the transportation of certain dangerous chemical shipments by rail. After the Association of American Railroads restricted the movement of sensitive types of cargo earlier in October, critics charge the abrupt moratorium left shippers in the lurch and placed the responsibility on shippers to determine the exact restrictions on certain poison-by-inhalation chemicals, which varied from railroad to railroad. Should a similar moratorium be needed in the future, the National Industrial Transportation League recommends it be handled and coordinated by the federal government. . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8g1x7_ CHANGES URGED FOR GUIDANCE TO IMPROVE ECOLOGICAL RISK ASSESSMENTS Draft recommendations to help risk analysts improve ecological risk assessments should be revised to make them more useful, says a federal advisory board in a draft report. EPA's Risk Assessment Forum develops the guidance, "Planning for Ecological Risk Assessment: Developing Management Objectives," to complement the "Guidelines for Ecological Risk Assessment" issued by the agency in 1998. Such guidance documents are used by companies, state agencies, and other organizations when conducting risk assessments. . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8c6m8_ ONTARIO ISSUES NEW RULES TO LIMIT AIR POLLUTION FROM POWER PLANTS New emission limits for electric utilities that burn fossil fuels are an aggressive step in the Ontario government's efforts to fight air pollution, says its provincial Environment Minister Elizabeth Witmer. The phased-in limits for Ontario's electricity generating sector will take effect Jan. 1, and, when fully implemented in 2007, will help Canada to meet its commitments under the Ozone Annex to the Canada-U.S. Air Quality Agreement, says Witmer. She says Ontario's new regulations include an emissions trading system for the electricity generating sector that will create an incentive for Ontario businesses and municipalities to further reduce pollution. . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w7z8x5_ EPA FINDS USE OF BIOREMEDIATION INCREASING AT SUPERFUND SITES The use of bioremediation projects to clean up superfund sites is increasing because the technologies are less expensive than conventional remedies. In "Use of Bioremediation at Superfund Sites", EPA says, of the 1,106 superfund sites at which the agency has made a decision on the cleanup remedy, bioremediation activities are taking place at 78, or 7 percent of the sites. . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h3m8_ SCIENTISTS SUGGEST EPA USE MORE COMPLEX ASSESSMENT FOR TREATED WOOD A scientific advisory panel recommends EPA conduct a more complex probabilistic risk assessment for its review of wood treated with the pesticide chromated copper arsenate, rather than the simplified approach it chose. A panel member says EPA could adopt a modeling approach like the one it developed for assessing risks posed by pesticides found in food under the Food Quality Protection Act of 1996. The recommendation by the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel comes as the panel reviews components of the agency's preliminary assessment of hazard and exposures for children from playground equipment treated with chromated copper arsenate. . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8m4h8_ LAKESHORE PROPERTY OWNERS FILE SUIT OVER RUNOFF FROM CHICKEN FARMS A group of lakeshore property owners file a lawsuit against Tyson Foods Inc. in Oklahoma state court alleging poultry waste from the company's operations pollute the lake to which they have access. The plaintiffs are owners of shorefront property at Grand Lake O' the Cherokees in northeastern Oklahoma near the Missouri border. According to their suit, the lake is polluted by poultry waste from a Tyson Foods chicken-processing plant in Noel, Mo., and by runoff from Tyson Foods chicken farms located in the watershed of Grand Lake. . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8k4j9_ WORLD BANK REPORT TOUTS IMPORTANCE OF HEALTHY ENVIRONMENT A healthy environment is critical to reducing worldwide poverty, which will help to ensure development activities are sustainable and do not deplete natural resources, says the World Bank in its annual environmental review. The report estimates some developing countries lose 4 percent to 6 percent of their gross domestic product because of losses in productivity and natural capital resulting from environmental degradation. . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h3k3_ ______________ TODAY'S EVENTS ______________ CLIMATE CHANGE: The Seventh Conference of the Parties to the United Nations Framework Convention on Climate Change opens today and continues through Nov. 9 in Marrakech, Morocco. __________ STATE NEWS __________ CALIFORNIA: The Air Resources Board approves tougher exhaust standards for heavy-duty diesel engines that are nearly identical to those issued early this year by EPA. The new rules will reduce emissions of both particulate matter and ozone-forming nitrogen oxides by 90 percent by 2010, and emissions of non-methane hydrocarbons by 72 percent by the same date, according to the board. . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h8x0_ NORTH CAROLINA: Detailed records of all restricted-use pesticide sales will be required beginning Nov. 1 under emergency rules adopted by the North Carolina Pesticide Board. According to the pesticide administrator for the state Department of Agriculture and Consumer Services, the board adopts the emergency rule over concerns about the use of biological or chemical agents as weapons. . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h4y1_ TEXAS: The Texas Natural Resource Commission adopts new auto emission inspection rules for the Dallas-Fort Worth, El Paso, and Houston-Galveston regions as part of the agency's plan to reduce pollution in ozone nonattainment areas. . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8g6p2_ TEXAS: Alcoa World Alumina Atlantic LLC agrees to pay a $181,400 fine to resolve allegations it violated the Clean Air Act on numerous occasions at a bauxite refining plant. . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h9t1_ _________________ TABLE OF CONTENTS _________________ NEWS AIR POLLUTION Alcoa agrees to fines for alleged monitoring, emissions violations . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h9t1_ California adopts diesel standards mirroring new federal requirements . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h8x0_ EPA, Sierra Club, industry plaintiffs request stay of ruling vacating emissions standards . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h9g4_ Ontario implements new regulations limiting emissions from power plants . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w7z8x5_ Texas adopts new auto inspection rules to reduce ozone in three major regions . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8g6p2_ ENERGY Groups push for investigation of Norton letter on drilling in arctic refuge . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8f8j1_ HAZMAT TRANSPORT Moratorium concerns rail industry; critics call for coordination . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8g1x7_ INTERNATIONAL ISSUES World Bank touts importance of healthy environment . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h3k3_ NORTH CAROLINA Detailed pesticide sales records required under emergency rules . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h4y1_ PESTICIDES More complex assessment recommended for treated wood . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8m4h8_ RADIOACTIVE WASTE Coalition calls on government to fully fund nuclear waste programs . . . Page A-7 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8g0x4_ RISK ASSESSMENT Panel urges changes to guidance to assist analysts . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8c6m8_ SUPERFUND EPA finds use of bioremediation increasing because costs lower . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h3m8_ W.R. Grace will pay $2.75 million to settle dispute about access to Montana mine site . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8j6t7_ WATER POLLUTION Citizens file suit against Tyson Foods over alleged waste discharges . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8k4j9_ ________ CALENDAR ________ CONGRESS Legislative calendar . . . Page C-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8n0x2_ PRESIDENT President's calendar . . . Page C-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8n1k4_ _________________ REGULATORY AGENDA _________________ COMMENT DEADLINES Due dates for comments on pending rules . . . Page D-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w7x2n2_ OCT. 29 FEDERAL REGISTER Entries from today's table of contents . . . Page D-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8c0x4_ OCT. 26 FEDERAL REGISTER Previous day's entries with page citations . . . Page D-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w7x2p1_ _______ JOURNAL _______ MEETINGS Calendar of meetings, courses, and seminars . . . Page G-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8f4m8_ ______________ TABLE OF CASES ______________ Cement Kiln Recycling Coalition v. EPA (D.C. Cir.) . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8h9g4_ Thompson v. Tyson Foods Inc. (Okla. Dist. Ct.) . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8k4j9_ United States v. W.R. Grace & Co. and Kootenai Development Co. (D. Mont.) . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8j6t7_ __________ 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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