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 -----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
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BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30
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__________

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
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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_


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JOURNAL
_______

MEETINGS
   Calendar of meetings, courses, and seminars  . . . Page
   G-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4w8f4m8_


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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_

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