User ID:  enronden
PW:        bnaweb22


 -----Original Message-----
From: 	"BNA Highlights" <bhighlig@bna.com>@ENRON  
Sent:	Monday, November 19, 2001 11:23 PM
To:	BNA Highlights
Subject:	Nov. 20 -- BNA, Inc. Daily Environment Report

______________________________

DAILY ENVIRONMENT REPORT
Highlights & Table of Contents
November 20, 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
__________


INTERIOR'S REVISIONS OF HARDROCK MINING REGULATIONS
CHALLENGED IN COURT

Environmental groups amend a lawsuit in federal district
court to overturn recent revisions the Department of
Interior made to rules regulating mining on public lands.
Claiming the revisions further weaken the environmental
mining rules, the Mineral Policy Center, Great Basin Mine
Watch, and Guardians of Our Rural Environment challenge
Interior Secretary Norton's decisions on the grounds they
violate the Federal Land Policy and Management Act's mandate
"to prevent undue degradation" of public lands. The groups
also asked the U.S. District Court for the District of
Columbia to prevent the Norton mining rules from taking
effect while the court considers the case. . . . Page A-1

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4v2_


EPA TO PROPOSE EMISSIONS LIMITS FOR ASPHALT PROCESSING
OPERATIONS

EPA is proposing air toxics emissions standards for asphalt
processing and asphalt roofing manufacturers. The proposed
rule would apply to facilities that produce "blown" asphalt
for use in making roof shingles. The proposal also would
apply to plants that apply blown asphalt to fiberglass or
apply felt to produce shingles. The proposed rule is ready
for publication in the "Federal Register", but its
publication date is not set. . . . Page A-2

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4d4_


NEW YORK ENACTS NEW RULES FOR PROPOSED ELECTRIC GENERATING
FACILITIES

Gov. Pataki signs legislation to expand the environmental
requirements power companies must meet before they can
participate in New York's expedited approval process for new
or modified electric generating facilities. Under the new
law, power companies must demonstrate their proposed
facility would be equipped with technologies that avoid or
minimize the number of aquatic organisms that are impinged
on filtering screens or entrained in intake systems used to
draw water to cool electric generation equipment. . . . Page
A-9

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4p1_


NEW DATA REVIEWED AS EPA CONSIDERS CHANGES TO ANIMAL FEEDLOT
PROPOSAL

More flexible approaches to regulating water pollution from
livestock operations are being considered by EPA as the
result of new data received on a proposed rule to curb
discharges from these facilities. A "notice of data
availability" contains information the agency is considering
to refine its cost and economics model used in the proposed
rule that would set effluent limitation guidelines for
concentrated animal feeding operations. . . . Page A-4

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6h8p5_


CALIFORNIA CONCENTRATES ON HEXAVALENT CHROMIUM RULE FOR
DRINKING WATER

California's Office of Environmental Health Hazard
Assessment pulls the plug on its suggested "public health
goal" for total chromium in drinking water because it was
based on potentially flawed science. Allan Hirsch, a
spokesman for the agency, says rather than set a new goal
for total chromium, the state will focus on establishing a
goal for hexavalent chromium, also called chromium 6. The
California Department of Health Services is required to
adopt a chromium 6 standard by January 2004. . . . Page A-11

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6k0z7_


IRRIGATION DISTRICT TO PAY FOR HABITAT PROJECTS TO SETTLE
PESTICIDE LITIGATION

An Oregon irrigation district agrees to pay $100,000 for
habitat protection projects to resolve Clean Water Act
litigation concerning aquatic herbicide applications under a
proposed consent decree filed in  the U.S. District Court
for the District of Oregon. The case stems from the Talent
Irrigation District's application of an aquatic herbicide to
an irrigation canal. . . . Page A-4

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b6t5_


COURT PERMITS PRIVATE GROUPS TO APPEAL DECISION AFFECTING
COHO SALMON

A federal judge tells a consortium of environmental groups
they may intervene to appeal a district court ruling
affecting the listing of salmon as an endangered species.
After the National Marine Fisheries Service announced it
would not appeal the district court's decision that the
agency had erred when listing only wild and not
hatchery-reared Oregon Coastal coho salmon under the
Endangered Species Act, Earthjustice and other environmental
and fishing requested to intervene for the purposes of
appeal. . . . Page A-6

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b3p8_


AIR DISTRICT APPROVES PLAN TO CUT DUST IN CALIFORNIA'S MAIN
FARMING AREA

The San Joaquin Valley Air Pollution Control District
approves a measure to reduce dust from unpaved roads,
parking lots, and storage areas. The rule is developed to
address the air pollution problems in the 25,000-square-mile
Central Valley, the state's main agricultural area, and to
prevent EPA from blocking more than $2 billion in federal
transportation funds. . . . Page A-10

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6h7j6_


HIGHWAY AGENCY, ARMY CORPS ADDRESS WETLANDS ISSUES, ROAD
PROJECTS

Officials from the Federal Highway Administration and the
U.S. Army Corps of Engineers are working to address issues
that can impede efficient wetlands permitting processes for
transportation projects, officials tell an interagency
meeting. As a result of a workshop on environmental
streamlining, FHWA and corps officials are discussing a
range of options for streamlining the Clean Water Act
Section 404 permitting process for transportation projects
that affect wetlands. . . . Page A-6

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b9x4_


DOE'S INSPECTOR GENERAL CITES LAW FIRM FOR POTENTIAL
CONFLICT OF INTEREST

A law firm contracted by the Energy Department to work on
the Yucca Mountain nuclear waste repository may have
violated the conflict-of-interest terms of its contract by
continuing to lobby on behalf of the Nuclear Energy
Institute, according to a report from the DOE Office of
Inspector General. Nevada's two senators, both of whom
strongly oppose the Yucca Mountain project, blast the law
firm of Winston & Strawn for "misconduct" and vowed to
pursue "every possible legal remedy." . . . Page A-8

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e1q0_


___________________

HAZARDOUS MATERIALS
___________________

TRANSPORT: Legislation intended to protect the public
against the threat of chemical attacks has aroused the
opposition of hazardous materials transporters who say it
could hamper the Department of Transportation's authority to
regulate hazardous materials. The Chemical Security Act (S.
1602) would allow EPA to issue administrative orders and to
secure relief through litigation when there is an "imminent
and substantial endangerment from a potential accident or
criminal release." The proposal has the potential to
threaten Transportation's authority to regulate hazmat, says
the National Association of Chemical Distributors. . . .
Page A-3

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e0k3_

HAZARDOUS WASTE: Three wastes generated mainly from
inorganic chemical manufacturing processes are now listed as
hazardous waste in a final EPA rule to be published today.
The three wastes--K176, K177, and K178--will now be
regulated under the Resource Conservation and Recovery Act's
hazardous waste management rules. . . . Page A-2

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6g8t9_

RESEARCH: EPA awards more than $22 million in grants to
universities to establish five hazardous substance research
centers. The centers will research potential effects of
hazardous substances in the environment and will provide
community outreach, according to EPA Administrator Whitman.
. . . Page A-5

http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e0r0_


_________________

TABLE OF CONTENTS
_________________

NEWS

AIR POLLUTION
   District approves plan to cut dust in California's major
   agricultural area . . . Page A-10
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6h7j6_

   EPA to propose emissions limits for asphalt processing .
   . . Page A-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4d4_

ALASKA
   Two-year cruise ship initiative touted as success in
   cleaning air, water . . . Page A-9
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5r1f8_

BIOTECHNOLOGY
   Biotechnology offers solutions to industrial pollution,
   OECD says . . . Page A-7
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5z2g6_

DRINKING WATER
   California drops 'goal' for total chromium, concentrates
   on chromium 6 . . . Page A-11
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6k0z7_

ENDANGERED SPECIES
   Court permits groups to appeal decision affecting salmon
   . . . Page A-6
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b3p8_

EUROPEAN UNION
   Parliament seeks larger share of budget for environmental
   studies . . . Page A-7
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5k2y2_

HAZARDOUS WASTE
   Inorganic chemical wastes added to list of RCRA-regulated
   wastes . . . Page A-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6g8t9_

HAZMAT TRANSPORT
   Chemical security proposal challenged as threat to DOT
   authority . . . Page A-3
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e0k3_

MINING
   Revisions of hardrock regulations challenged in court by
   advocacy groups . . . Page A-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4v2_

NEW YORK
   Pataki signs bill expanding requirements for proposed
   electric generating plants . . . Page A-9
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4p1_

PESTICIDES
   EPA seeks advisory workgroup input on use of cumulative
   risk assessment . . . Page A-10
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5t1f4_

   Irrigation district to pay for habitat projects in
   aquatic herbicide litigation . . . Page A-4
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b6t5_

RADIOACTIVE WASTE
   DOE's inspector general criticizes firm for potential
   conflict of interest . . . Page A-8
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e1q0_

RESEARCH
   EPA awards $22.5 million to five universities to study
   hazardous substances . . . Page A-5
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e0r0_

WATER POLLUTION
   New data being reviewed as EPA considers changes to CAFO
   proposal . . . Page A-4
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6h8p5_

WETLANDS
   FHWA, Army Corps work to address issues facing
   transportation projects . . . Page A-6
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b9x4_

IN BRIEF
   BNA publishes new hazmat spill reporting guide . . . Page
   A-12
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5z8f5_

   EPA reports possible activities for private contracts . .
   . Page A-12
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6d6v0_

   Polymer firm settles over explosion, worker deaths . . .
   Page A-12
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6e2k6_


________

CALENDAR
________

CONGRESS
   Legislative calendar . . . Page C-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6n0h2_

PRESIDENT
   President's calendar . . . Page C-4
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6n0y8_

PUBLIC LAWS
   Legislation recently signed into law . . . Page C-5
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6n0z9_


_________________

REGULATORY AGENDA
_________________

COMMENT DEADLINES
   Due dates for comments on pending rules . . . Page D-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5r7a2_

NOV. 20 FEDERAL REGISTER
   Entries from today's table of contents . . . Page D-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5y8v1_

NOV. 19 FEDERAL REGISTER
   Previous day's entries with page citations . . . Page D-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y5r7e4_


______________

TABLE OF CASES
______________

Alsea Valley Alliance v. Evans (D. Or.) . . . Page A-6
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b3p8_

Environmental Defense Fund v. EPA (D.D.C.) . . . Page A-2
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6g8t9_

Headwaters Inc. v. Talent Irrigation District (D. Or.) . . .
Page A-4
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6b6t5_

Mineral Policy Center v. Norton (D.D.C.) . . . Page A-1
   http://pubs.bna.com/ip/BNA/den.nsf/id/a0a4y6f4v2_

   ___________________________________________________________
   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.