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User ID: enronden PW: bnaweb22 -----Original Message----- From: "BNA Highlights" <bhighlig@bna.com<@ENRON Sent: Thursday, November 22, 2001 11:24 PM To: BNA Highlights Subject: Nov. 23 -- BNA, Inc. Daily Environment Report ______________________________ DAILY ENVIRONMENT REPORT Highlights & Table of Contents November 23, 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 __________ HOG FARMS TO INSTALL NEW TECHNOLOGY, PAY FINE FOR CLEAN WATER VIOLATIONS Premium Standard Farms and Continental Grain Co. reach an agreement with EPA and a citizens group requiring the hog producers to install as much as $50 million in new technologies to address violations of the Clean Water Act from their concentrated animal feeding operations. The consent decree, which also requires the companies to pay a $350,000 civil penalty, stems from a 1997 lawsuit brought by the Citizens Legal Environmental Action Network against the two companies, which together comprise the second largest hog producer in the United States. . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8e8p3_ BALLAST WATER MANAGEMENT REPORT REQUIRED OF SHIPS ENTERING U.S. WATERS Ships entering U.S. waters will have to submit a ballast water management report under a final U.S. Coast Guard rule designed to control the introduction of invasive species. The rule also provides voluntary ballast water management guidelines for operators of vessels entering U.S. waters from beyond the United States exclusive economic zone and promotes ballast water management for all vessels operated in U.S. waters. . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8d7a3_ UNIFORM LAW SOUGHT FOR STATES TO ENFORCE RESTRICTIONS ON BROWNFIELDS A proposal for a uniform law for all states to follow that would allow land-use restrictions on contaminated property to be enforced when ownership is transferred is being drafted by an organization of attorneys appointed by state governments. The goal for most polluted industrial sites, such as brownfields, is to redevelop and to reuse the land, according to Bill Breetz, an attorney with the National Conference of Commissioners on Uniform State Laws. Currently, Breetz says, no state has a law making environmental covenants on land enforceable when the property changes hands. . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8c7k0_ COUNTER-TERRORISM BECOMES FOCUS OF EMERGENCY PREPAREDNESS MEETING In the aftermath of the Sept. 11 terrorist attacks, EPA decides to place special emphasis on the subject of counter-terrorism measures during a December meeting on chemical emergency preparedness and prevention. EPA was planning next month's conference before the terrorist attacks in Washington and New York, but changes the agenda for emergency responders, state and local emergency planners, industry representatives, and regulators to focus heavily on "the best ways to combat terrorism." . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7w1r4_ FEDERAL COURT RULES SAN FRANCISCO BAY AREA MUST BOOST MASS TRANSIT USE The agency responsible for transportation planning in the San Francisco Bay Area must boost the use of public transit to a level it set in a 1982 clean air plan. The U.S. District Court for the Northern District of California issues the decision in a case involving a ridership goal the Metropolitan Transportation Commission set in the Bay Area portion of California's state implementation plan. The opinion is a victory for environmental groups that have spent years trying to persuade the commission to devote more resources to programs designed to improve transit ridership. . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7k7f4_ HABITAT DESIGNATION SOUGHT FOR ENDANGERED PLANT SPECIES IN CALIFORNIA Two environmental groups file suit to compel the U.S. Fish and Wildlife Service to designate critical habitat protection for eight plants classified as either endangered or threatened under the federal Endangered Species Act. The California Native Plant Society and the Center for Biological Diversity file the complaint in U.S. District Court for the Southern District of California seeking special designation for specified southern California habitats. . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7p0m6_ TRANSPORTATION PROJECTS CONSIDERED FOR STREAMLINED ENVIRONMENTAL PERMITS Federal highway and transit officials consider establishing a short list of transportation projects that would be monitored to ensure they do not get hung up in lengthy environmental permitting and review processes. The Federal Highway Administrator and the Federal Transit Administrator are considering establishing a list of projects that would receive special oversight to ensure all efforts are made to streamline environmental reviews and permitting decisions, an FHWA official tells a federal interagency group. . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7t5w9_ NORDIC NATIONS PREPARE TO LAUNCH KYOTO RATIFICATION EFFORTS BY YEAR END The five Nordic governments, generally satisfied with negotiations that completed an international climate change agreement, will begin asking their national parliaments to ratify the accord before the end of this year, government officials from the five nations tell BNA. They say ratification by all the Nordic countries should occur before the World Summit on Sustainable Development in Johannesburg in September 2002. . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7t8t4_ __________ STATE NEWS __________ TEXAS: The Texas Natural Resource Conservation Commission approves a new program that will allow information collected by citizens about possible environmental violations to be used as evidence in enforcement cases. The program, which takes effect Jan. 1, allows citizen-collected information to be used as evidence if certain requirements are met. . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8f0f4_ AIR POLLUTION: A coalition of national environmental organizations asks a federal judge to order EPA to produce a final plan cutting nitrogen oxide emissions in the Houston-Galveston, Texas, area. . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8e0p1_ RADIOACTIVE WASTE: Nevada Governor Guinn announces that the state will conduct a national advertising campaign to warn the nation of the dangers of transporting high-level nuclear waste into the proposed permanent storage site at Nevada's Yucca Mountain. . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8d7q2_ AIR POLLUTION: New York state's highest court declines to hear an appeal of a lower court decision that required the state power authority to conduct an environmental impact statement for 11 small natural gas-powered electric generating units. The case stems from the installation of the units by the state's power authority earlier this year to meet the summer electricity needs of New York City. . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8b2x3_ _________________ TABLE OF CONTENTS _________________ NEWS AIR POLLUTION Coalition claims EPA too lenient on Texas, wants court to force ozone strategy . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8e0p1_ Federal court rules San Francisco Bay Area must boost mass transit use . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7k7f4_ New York high court denies appeal by power authority in generator case . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8b2x3_ BROWNFIELDS Attorneys proposing uniform law for states to enforce restrictions after land transfers . . . Page A-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8c7k0_ CLIMATE CHANGE Nordic nations prepare to launch Kyoto ratification efforts by year end . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7t8t4_ EMERGENCY PLANNING Focus of EPA chemical disaster meeting to emphasize counter-terrorism . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7w1r4_ ENDANGERED SPECIES Environmental groups file suit to protect plant species in southern California . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7p0m6_ ENFORCEMENT Hog producers to install CAFO technology, pay fine as part of agreement . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8e8p3_ HAZARDOUS WASTE Nissan seeks RCRA exclusion for treatment sludge from Tennessee plant . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8b1m1_ PESTICIDES First trilateral NAFTA review process cited by EPA in review of registrations . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7t1r7_ Reduced-risk, organophosphate alternatives nearly half of EPA registrations . . . Page A-7 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7q8h7_ RADIOACTIVE WASTE Nevada agency launches campaign to oppose Yucca Mountain project . . . Page A-9 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8d7q2_ TEXAS Evidence collected by citizens to be used in enforcement cases under new program . . . Page A-8 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8f0f4_ TRANSPORTATION Federal agencies eye 'short list' of projects for streamlined permitting . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7t5w9_ WATER POLLUTION Ballast water management report to be required of vessels entering U.S. waters . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8d7a3_ California agency to pay $137,500 to resolve charges over stormwater runoff . . . Page A-6 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7n3t4_ IN BRIEF California fines hazardous waste treatment facility . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8f8c3_ Hazardous materials council to change name . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8f9r0_ Tennessee task force to review solid waste act . . . Page A-10 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8f9r3_ ________ CALENDAR ________ CONGRESS Legislative calendar . . . Page C-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8h6x6_ PRESIDENT President's calendar . . . Page C-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8h7d4_ PUBLIC LAWS Legislation recently signed into law . . . Page C-2 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8h7e5_ _________________ REGULATORY AGENDA _________________ COMMENT DEADLINES Due dates for comments on pending rules . . . Page D-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7p5m8_ NOV. 23 FEDERAL REGISTER Entries from today's table of contents . . . Page D-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7x3b1_ NOV. 21 FEDERAL REGISTER Previous day's entries with page citations . . . Page D-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7p5n8_ ______________ TABLE OF CASES ______________ Bayview Hunters Point Community Advocates v. Metropolitan Transportation Commission (N.D. Cal.) . . . Page A-5 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7k7f4_ Center for Biological Diversity v. Norton (S.D. Cal.) . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y7p0m6_ Citizens Legal Environmental Action Network v. Premium Standard Farms (W.D. Mo.) . . . Page A-1 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8e8p3_ Natural Resources Defense Council v. Whitman (D.D.C.) . . . Page A-3 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8e0p1_ UPROSE v. Power Authority of State of New York (N.Y. Sup. Ct. App. Div. 2d) . . . Page A-4 http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y8b2x3_ ___________________________________________________________ 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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