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From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON  
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Subject:	Dec. 24 -- BNA, Inc. Daily Environment Report

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DAILY ENVIRONMENT REPORT
Highlights & Table of Contents
December 24, 2001
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ISSN 1521-9402

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HIGHLIGHTS
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CONGRESS APPROVES SUPERFUND BILL TO PROMOTE DEVELOPMENT OF
BROWNFIELDS

The Senate approves a superfund reform bill that would
provide liability relief to small businesses and innocent
landowners, after a Wyoming senator withdraws his opposition
to the bill (H.R. 2869). The House had passed the measure
earlier in the day, which means the first major piece of
environmental legislation to clear Congress in 2001, a
measure designed to promote redevelopment of polluted
properties known as brownfields, is now ready for President
Bush's signature. The legislation also seeks to promote
redevelopment of brownfields sites by authorizing $250
million annually to fund assessment and cleanup activities.
. . . Page AA-1

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2d9y4_


REPORT FROM WHITE HOUSE EXPECTED ON FUEL ECONOMY CREDIT
TRADING

A Bush administration task force is looking to expand on a
recent National Academy of Sciences proposal to establish a
system of tradeable credits under the Corporate Average Fuel
Economy program, John Graham, chief regulatory official at
the White House, tells BNA. "Such a program would be less
costly than the current program and create a continuous
incentive for automakers to improve fuel economy," says
Graham. Under such a scenario, automakers could get credits
for achieving greater fuel economy standards than required
under the CAFE program and sell those credits to other
companies struggling to meet the standards. . . . Page A-1

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2d8j4_


WHITMAN SIGNS RULE TO MAKE HAZARDOUS WASTE CLEANUPS EASIER,
CHEAPER

EPA Administrator Whitman signs a final rule that will allow
companies to consolidate hazardous waste at remediation
sites without triggering the Resource Conservation and
Recovery Act's strict waste management regulations. The
final Corrective Action Management Unit rule is expected to
make contaminated site cleanups easier and cheaper for
companies by allowing consolidation of waste for temporary
or permanent disposal. . . . Page A-6

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2e9q8_


EPA PETITIONED TO HALT USE OF TWO PESTICIDES USED TO TREAT
WOOD

Several environmental and public health groups petition EPA
to halt immediately the use of two pesticides used to treat
wood and are threatening to sue the agency if it fails to
suspend their use. The federal government has failed to act
to protect children from exposure to the wood preservatives
chromated copper arsenate and pentachlorophenol, according
to a statement from Beyond Pesticides/National Coalition
Against the Misuse of Pesticides, a Washington-based
organization, and the lead petitioner. . . . Page A-1

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2b4d6_


SENATE'S ANTI-TERRORISM BILL AUTHORIZES FUNDS FOR DRINKING
WATER SECURITY

The Senate passes an anti-terrorism bill that would
authorize a $50 million EPA program for drinking water and
wastewater security grants over six years. A similar bill
passed by the House authorizes $60 million for those
activities over the next five years. . . . Page A-2

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1z8v5_


COURT SAYS MASSACHUSETTS SUPERFUND LAW DOES NOT PRECLUDE
JURY TRIAL

A Massachusetts trial court finds the state's hazardous
waste law, which is modeled on the federal superfund
statute, does not preclude jury trials. In doing so, the
court declines to follow federal case law barring jury
trials in superfund cost recovery suits. . . . Page A-3

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1f0d9_


REGIONAL WATER BOARD DELAYS TOUGHER STANDARDS FOR ORANGE
COUNTY, CALIF.

The Santa Ana Regional Water Quality Control Board decides
to postpone for one month action on a municipal stormwater
permit that proposes tougher standards for cities in Orange
County, Calif. Officials from many of the 24 cities in the
county asked for the delay to enable them to review
revisions in the five-year national pollutant discharge and
elimination system permit. . . . Page A-4

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1m7x1_


EPA FINDS 'DEFICIENCY' IN AIR PERMITTING PROGRAM OF
WASHINGTON, D.C.

The air permitting program in the District of Columbia does
not provide adequate public notice of permitting decisions
and does not comply with federal regulations under Title V
of the Clean Air Act, according to EPA. A "notice of
deficiency," published by EPA in the "Federal Register", is
a prerequisite for withdrawal of EPA approval for the
District's operating permit programs, but the director of
the air protection division in EPA Region III says D.C. is
not in danger of losing control of its air operating permit
program. . . . Page A-2

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2d8t1_


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INTERNATIONAL NEWS
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NUCLEAR POWER: Germany's Bundestag votes to end the use of
nuclear power, thus finalizing the shutdown of the country's
19 nuclear plants over the next two decades. "This is a
happy day," the environment minister says during the
parliamentary debate. The revised Atomic Energy Act
implements a shutdown agreement reached by the federal
government with major utilities in June 2000. . . . Page A-5

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5a9r0c6_

ENERGY TAXES: Belgium's six-month effort to negotiate an
agreement on an energy harmonization tax while holding the
European Union presidency ends in failure. As a result,
Belgium's Finance Minister says prospects for gaining
approval of the tax in 2002 are bleak. "This is another
setback for the EU and its efforts to implement and meet the
Kyoto Protocol targets on greenhouse gas reductions," says
an EU official. . . . Page A-6

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2b9j4_

WATER POLLUTION: The Chinese government will invest $33
billion between 2001 and 2005 in water treatment, flood
control, and irrigation projects, says Vice Minister For
Water Resources Zhang Jiyao. . . . Page A-5

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1e6g6_


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TABLE OF CONTENTS
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LEADING THE NEWS

BROWNFIELDS
   Measure providing small businesses liability relief heads
   to White House . . . Page AA-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2d9y4_


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NEWS
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AIR POLLUTION
   EPA declares air permitting program in D.C. deficient,
   but revocation unlikely . . . Page A-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2d8t1_

   Fuel economy credit trading considered by White House;
   report expected soon . . . Page A-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2d8j4_

BROWNFIELDS
   Measure providing small businesses liability relief heads
   to White House . . . Page AA-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2d9y4_

CALIFORNIA
   Regional water agency delays action on tougher standards
   for Orange County . . . Page A-4
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1m7x1_

CHINA
   Plans set to invest $33 billion for projects for drinking
   water, flood control, irrigation . . . Page A-5
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1e6g6_

DRINKING WATER
   Senate-passed anti-terrorism bill would authorize funds
   for security needs . . . Page A-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1z8v5_

ENERGY
   German parliament approves law to end nation's use of
   nuclear power . . . Page A-5
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5a9r0c6_

   In setback for reducing greenhouse gases, European tax
   harmonization efforts fail . . . Page A-6
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2b9j4_

HAZARDOUS WASTE
   Whitman signs final rule expected to make cleanups
   easier, cheaper . . . Page A-6
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2e9q8_

MASSACHUSETTS
   State superfund law does not preclude jury trial in cost
   recovery suits, court says . . . Page A-3
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1f0d9_

PESTICIDES
   Groups petition EPA to halt use of wood preservatives,
   citing health risks . . . Page A-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2b4d6_

WATER POLLUTION
   Federal court rejects county request to dissolve
   treatment facility injunction . . . Page A-3
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1y0h9_

IN BRIEF
   Bush names EPA chief financial officer . . . Page A-7
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2c8k1_

   EPA announces $2 million in brownfields grants . . . Page
   A-7
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2a2m6_

   Country club fined for asbestos violations . . . Page A-7
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2d6c7_

   Webber to vacate chemical industry leadership . . . Page
   A-7
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2b8m3_


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CALENDAR
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CONGRESS
   Legislative calendar . . . Page C-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2k3p8_

PRESIDENT
   President's calendar . . . Page C-3
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2k3z0_


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REGULATORY AGENDA
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COMMENT DEADLINES
   Due dates for comments on pending rules . . . Page D-4
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1y4m1_

DEC. 26 FEDERAL REGISTER
   Entries from today's table of contents . . . Page D-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b2c7n2_

DEC. 21 FEDERAL REGISTER
   Previous day's entries with page citations . . . Page D-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1y4e2_


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TABLE OF CASES
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Crutchfield v. U.S. Army Corps of Engineers (E.D. Va.) . . .
Page A-3
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1y0h9_

Newly Weds Foods Inc. v. Westvaco (Mass. Sup. Ct.) . . .
Page A-3
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a5b1f0d9_

   ___________________________________________________________
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