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 (c) 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.