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INDEX
Vol. 40, Nos. 1-44, pp. 1-2592
Jan. 2 - Nov. 6, 2009

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

    NAAQS
    NAFTA
    NANOTECHNOLOGY
      – National initiative, administration FY2010 budget proposes decrease in funding, 1080
      – Risk assessment, NIEHS research grants available, 881
    NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)
      – Attainment and nonattainment areas
        See specific states
      – Carbon monoxide
      – Exceptional events, challenge of natural event definition for reporting attainment dismissed (D.C. Cir.), 670
      – Lead
      – Nitrogen dioxide
      – Nitrogen oxides, EPA risk assessment finds current levels in air harm environment, 2223
      – Nonattainment areas
        – – Fees, state regulators look to EPA for guidance, Special Report, 2264
        – – 60 percent of Americans live in areas with unhealthy air, Am. Lung Assn. reports, 977
      – Outlook 2009, SplRpt (1/16/09) S–5
      – Ozone
      – Particulate matter
      – Review, Jackson reinstates EPA staff paper portion of process, 1231; EPA to complete review of all major pollutants by end of 2011, official says, 2493
      – Source regulation, advisory board panel recommends EPA consider setting multipollutant standards, 1813; Board of Sci. Counselors approves report, 2175; EPA official outlines plans to pursue multipollutant regulations before advisory board, 2389
      – Stationary emissions source audit program, EPA extends comment period on proposal requiring purchase of samples, 1625; industry groups, state regulators question privatization of process, 2097
      – Sulfur dioxide
      – Sulfur oxides, EPA risk assessment finds current levels in air harm environment, 2223
      – Transportation conformity, EPA proposal updates particulate, hot spot analysis requirements, 1157; comment period extension, In Brief, 1352
    NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP)
      – Aluminum recycler agrees to fine, pollution controls to resolve violations at Ohio facility (N.D. Ohio), 1879
      – Animal feed manufacturing, EPA proposes new work practices, controls, 1749
      – Applicability Determination Index
        – – Decisions, In Brief, 11
        – – Document postings, In Brief, 1625
      – Asbestos
        – – Post-trial ruling allows new trial against Cal. gas company, employees alleging improper work practices (9th Cir.), 675
        – – Salvage and demolition contractor pleads guilty to handling, notice violations (E.D. Tenn.), 2331
      – Asphalt facilities, EPA proposes generally available control technology standards for area sources, 1623; industry groups say rule overly stringent, 1934
      – Benzene, EPA cites Ind. refinery for releases from wastewater, 1280
      – Calculation of emissions, EPA seeks comments on emissions factors, 2390
      – Cement kilns, mercury emissions
      – Chemical industry
        – – Amino and phenolic resins, landfill emissions at Conn. plant excessive, 2496
        – – Manufacturing area sources, EPA publishes final rule, 2438; EPA publishes final rule, 2498
        – – Preparation facility area sources, EPA proposes emission standards, 1877
      – Ferroalloy production
        – – Area source category renaming, EPA issues final rule (correction), 11
        – – Source category expansion to include calcium carbide, silicon metal production, 9
      – Gasoline distributors, consent decree requires EPA to clarify applicability, duplicate requirements, 1543
      – Maximum achievable control technology
      – Nonferrous metal foundry area sources, proposed rule sets standards, includes no new emissions controls, 159; proposal sets workplace practices, pollution controls, 321; EPA issues final rule, 1542
      – Paints and coatings, EPA proposes particulate controls for small manufacturers, 1230
      – Perchloroethylene emissions from dry cleaning operations, EPA seeks remand to review rule (D.C. Cir.), 805
      – Pharmaceutical company settles CAA violations at Neb. plant with fine, emissions controls (D. Neb.), 1487
      – Plastic pultrusion operations, Minn. plant settles violations, In Brief, 1488
      – Review, environmental group files suit to force EPA action (N.D. Cal.), 160
      – Shipbuilder failed to keep records on paint use, settles R.I., federal air violations with fine, 2392
      – Stationary emissions source audit program, EPA extends comment period on proposal requiring purchase of samples, 1625; industry groups, state regulators question privatization of process, 2097
      – Stationary reciprocating internal combustion engines, proposed NESHAP requires aftertreatment, 469; comment period extension, In Brief, 864; industry, states say proposal imposes financial, administrative burden, 1349
      – Uranium mills, EPA agrees to review radon emissions limit (D. Colo.), 2100
    NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
      – Economic stimulus projects, CEQ prepares guidance to expedite reviews, 638; CEQ issues guidelines, 1081
      – Environmental impact statements
    NATIONAL FORESTS
      – Bridger Teton Nat'l Forest, BLM rejects 23 contested bids on oil and gas lease parcels, 2072
      – Caribou-Targhee Natl. Forest, Smoky Canyon phosphate mine expansion stayed, preparatory actions not considered in irreparable harm analysis, case remanded (9th Cir.), 950; expansion approved (D. Idaho), 1951
      – Chequamegon-Nicolet Natl. Forest, Fishbone project species protections sufficient (E.D. Wis.), 717
      – Energy transmission corridors in West, Forest Serv. adopts permitting changes, 691
      – Gold mining in sensitive watersheds in Northwest, Forest Serv. has authority to regulate, but should consider restrictions on case-by-case basis (9th Cir.), 1119
      – Land management planning proceeds as environmentalists challenge framework rule (N.D. Cal.), 1387; planning rule vacated and remanded, 1656
      – Lassen Natl. Forest, Champs timber project blocked, Forest Serv. must conduct new impact assessment (E.D. Cal.), 1964
      – Lewis and Clark Natl. Forest, motorized travel ban to protect wildlife, land, 842
      – Mining-related discharges, citizen CWA suit barred as challenge to ongoing cleanup (W.D. Wash.), 1368
      – Mount Baker-Snoqualmie Natl. Forest area, Forest Serv. pre-cleanup steps under CERCLA bar Clean Water Act citizen suit, government argues (W.D. Wash.), 557
      – Northern Rocky Mountains wilderness lands expansion
        See LEGISLATION, FEDERAL, HR 980
      – Ore. near-term timber sales, plans to review of long-term management strategy announced, 2416
      – Plumas Natl. Forest, Forest Serv. failed to vet firefighting options, logging restrictions at 3 sites left in place (9th Cir.), 2019
      – Roadless areas
        – – Ban overturned, reconsideration denied (D. Wyo.), 1455; DOJ files notice of appeal (10th Cir.), 2018; USDA, environmental groups defend rule, 2580
        – – Colo. revising management proposal, 1733; state releases proposed revisions, seeks comments, 1912; USDA undersecretary nominee Sherman to avoid participation in decision, 2367
        – – Decisionmaking authority falls to USDA secretary under interim policy, 1316
        – – Environmental groups urge Obama to support and strengthen rule, 125
        – – National rule, USDA secretary supports, 1964
        – – Southern Cal., management plans for 4 forests flawed (N.D. Cal.), 2368
        – – State Petitions Rule, rejection of Bush administration rule affirmed (9th Cir.), 1902
      – Timber sales
        – – Actual and imminent threat required for injunctive relief (U.S., rvs in part), 501
        – – Kootenai Natl. Forest, rehearing of approvals denied (9th Cir.), 1789
        – – Quincy Library Group program, lawmakers suggest legislation may be necessary to allow pilot to move forward, 1261
        – – Tongass Natl. Forest, USDA approves Orion North harvest, activists press ahead with lawsuit (D. Alaska), 1853
    NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)
      – Chesapeake Bay Office reauthorization
        See LEGISLATION, FEDERAL, HR 1771
      – FY2010 budget, administration proposes increase in climate research, 1080; administration request includes funding for new satellite technology, 1128
      – National Climate Serv. would provide authoritative information, witnesses tell House panel, 1052; further action, see LEGISLATION, FEDERAL, HR 2407
      – Undersecretary for oceans and atmosphere, nominee Lubchenco addresses Senate questions at confirmation hearing, 378; Senate confirmation, 681
    NATIONAL PARKS AND MONUMENTS
      – Everglades, Army Corps acted arbitrarily and capriciously in issuing limestone mining permits (S.D. Fla.), 282
      – Glacier Bay, cruise ship operator sentenced to fine for fuel oil spill near park (Alaska Super. Ct.), 1017
      – Grand Canyon
        – – Arizona 1 Mine, environmental groups intend to file suit to block operation, 2194
        – – New mines, DOI halts new claims in Arizona Strip for 2 years, 1770; industry expresses concern about existing claims, 2061
        – – Uranium mining ban in area
          See LEGISLATION, FEDERAL, HR 644
      – Grand Staircase-Escalante Natl. Monument, management plan does not infringe on water rights, public road rights-of-way (10th Cir.), 882
      – Great Basin Natl. Park, slight increase in emissions could impair visibility, GAO reports, 1816
      – Marine National Monuments, Bush administration designates 3 Central Pacific Ocean areas for preservation, 65
      – Mount Ranier Natl. Park, Wash. coal-fired power plant agrees to limit NOx, mercury emissions, 2211
      – Regional haze, 37 states, D.C., V.I. failed to submit reduction plans, EPA finding, 96; EPA final action, In Brief, 164
    NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
    NATIONAL PRIORITIES LIST (NPL)
      – Additions, final
        – – Amcast Intl. Corp., 2243
        – – Arkla Terra Property, 823
        – – Attebury Grain Storage Facility, 823
        – – Barite Hill/Nevada Goldfields, 823
        – – Behr Dayton Thermal System VOC Plume, 823
        – – B.F. Goodrich site, Rialto, Cal., 2243
        – – BoRit Asbestos, 823
        – – Curtis Specialty Papers Inc., 2243
        – – Flat Creek IMM, 2243
        – – Fort Detrick Area B Ground Water, 823
        – – GMH Electronics, 2243
        – – Lane Street Ground Water Contamination, 2243
        – – Little Scioto River, 2243
        – – New Carlisle Landfill, 823
        – – Ore Knob Mine, 2243
        – – Paplera Puertorriquena Inc., 2243
        – – Peck Iron and Metal, 2570
        – – Raleigh Street Dump, 823
        – – Raritan Bay Slag, 2570
        – – Salford Quarry, 2243
        – – Southwest Jefferson County Mining, 2243
        – – U.S. Magnesium site, 2570
        – – U.S. Smelter and Lead Refinery, 823
      – Additions, proposed
        – – Amcast Industrial Corp., 823
        – – Black Butte Mine, 2243
        – – Chemetco, 2243
        – – Flat Creek IMM, 823
        – – Foster Wheeler Energy Corp./Church Road TCE, 823
        – – General Dynamics Longwood, 823
        – – GMH Electronics, 823
        – – Gowanus Canal, 823
        – – Gratiot County Golf Course, 2243
        – – Iron Mountain Mine, 173
        – – JJ Seifert Machine, 2243
        – – Kerr-McGee Chem. Corp., Jacksonville, Fla., 2243
        – – Kerr-McGee Chem. Corp., Navassa, N.C., 2243
        – – Lane Street Ground Water Contamination, 823
        – – Little Scioto River, 823
        – – Millsboro TCE, 2243
        – – Newtown Creek site, 2243; comment period extension, In Brief, 2464
        – – Ore Knob Mine, 823
        – – Papelera Puertorriquena Inc., 823
        – – Peck Iron and Metal, 823
        – – Raritan Bay Slag, 823
        – – Salt Chuck Mine site, 2243
        – – Southwest Jefferson County Mining, 823
        – – Van der Horst USA Corp., 2243
      – Deletions
        – – Griffiss Air Force Base, deletion final, 824
        – – Island Chem./Virgin Island Chem. site, deletion proposed, In Brief, 2066
        – – Southern Calif. Edison Visalia Pole Yard, deletion proposed, 1843
      – Outlook 2009, SplRpt (1/16/09) S–19
    NATIONAL TOXICOLOGY PROGRAM (NTP)
      – Outlook 2009, SplRpt (1/16/09) S–46
    NATIVE AMERICANS
      – Blackfeet Tribe, motorized vehicle ban for Badger-Two Medicine region will protect wildlife, land in Mont., 842
      – Brownfields, EPA rule provides flexibility in combining various grants, 1437
      – Cherokee Nation required party to litigation against poultry processors accused of polluting Illinois River watershed, monetary claims dismissed (N.D. Okla.), 1777
      – Coeur d'Alene Tribe joins Idaho governor in signing water quality management plan, 787; legislature approves transfer of funds, 955
      – Cortez Hills gold mining project, injunction denied, excavation for expansion may begin (D. Nev.), 232
      – Discharge permits
        – – Everglades water transfers, appeal dismissal due to lack of jurisdiction, order postponing trial pending outcome of similar case stands (11th Cir.), 500
        – – Tribal groups challenge Alaska authority (9th Cir.), 70
      – Endangered species
        – – Bighorn sheep of S. Cal., final rule reduces critical habitat designation, 951; environmental groups challenge designation (S.D. Cal.), 2418
        – – Everglades flood control and irrigation project, sparrow protection plan does not jeopardize hawks (11th Cir.), 1137
      – Energy efficiency, $3.2B in economic stimulus funding available, 761; DOE makes $2.7B available, 923
      – Hazardous waste, $45.1M judgment against illegal solid waste disposal facility upheld (9th Cir.), 2122
      – Natural resource damages, ongoing federal investigation of Tar Creek Superfund Site no bar to claims (N.D. Okla.), 492
      – Navajo lands
        – – Desert Rock Energy Project, EPA appeals board agrees to review permit approval, severs CO2 emissions issue (EAB), 213; comment period extension, 456; Colo. urges EPA to reconsider permit approval, 674; EPA wants to consider requiring gasification technology, 984; plant owner says EPA request to review permit violates CAA, 1427; Appeals Board remands permit for consideration of gasification technology, 2286
        – – Four Corners power plant, fugitive dust portion of federal implementation plan remanded (10th Cir.), 903
        – – Uranium mining, proposed site requires EPA underground injection permit, may be subject to ban (10th Cir.), 940
      – Pebble Project, Alaskan coalition seeks immediate cessation of copper and gold exploration activities (Alaska Super. Ct.), 1910
      – Stormwater, EPA plans to reissue NPDES general permits for small MS4s in Indian Country lands in Conn. and R.I., 69
      – Uintah and Ouray Indian Reservation lands, natural gas processing
        – – Air violations settled with $7M in pollution controls (D. Utah), 902
        – – Natural Buttes Compressor Station, company agrees to pay fine, reduce NOx emissions to settle CAA violations (D. Utah), 1814
    NATURAL DISASTERS
      – Hurricane Katrina intensified by global warming, property owners may pursue climate change tort (5th Cir.), 2444
      – Recovery operations, challenge of definition of natural in exceptional events rule for reporting air quality attainment dismissed (D.C. Cir.), 670
    NATURAL GAS
      – Climate change, role in emissions reduction
        See LEGISLATION, FEDERAL, S 1733
      – Electric power plants, environmental group critical of utility plan to phase out Wis. plants, 1280
      – Energy companies settle air violations with $7M in pollution controls (D. Utah), 902
      – Motor vehicles fueled by
      – Natural Buttes Compressor Station, processor to pay fine, reduce NOx emissions to settle CAA violations (D. Utah), 1814
      – Offshore development
      – Resource development
    NATURAL RESOURCE DAMAGES
      – Claims stemming from contamination at superfund site do not invoke federal jurisdiction (D.V.I.), 2125
      – Commencement Bay Nearshore/Tideflats Superfund site, solvents plant operator agrees to pay $1.55M (W.D. Wash.), 1065
      – Cosco Busan fuel spill, Cal. sues owners, operators, and pilot (Cal. Super. Ct.), 80
      – Defendant entitled to jury trial under Oil Pollution Act (S.D. Tex.), 436
      – Delaware River oil spill, NOAA issues draft damage assessment, restoration plan, 67
      – Exxon Valdez oil spill, most resources recovered, Special Report, 657
      – Federal investigation no bar to tribe's state natural resource damage claims (N.D. Okla.), 492
      – Palmerton Zinc Pile, companies agree to pay $21M (M.D. Pa.), 1894
      – Releases predating enactment of N.J. law, recovery upheld (N.J. Super. Ct.), 354
      – Woodland Dump Sites, chemical maker pays $1.4M to N.J. for natural resources damages (N.J. Super. Ct.), 1145
    NEBRASKA
      – Meat processor resolves charges of wastewater violations with $2M (D. Neb.), 2069
      – Pharmaceutical company settles NESHAP violations with fine, emissions controls (D. Neb.), 1487
      – Pipeline company settles water violations in connection with anhydrous ammonia spills with $3.65M (D. Kan.), 2017
      – Toxic substances, prior property owner not liable for solvent contamination in two suits (D. Neb.), 111
    NEPA
    NESHAP
    NEVADA
      – Anaconda Copper Mine superfund site, Atlantic Richfield agrees to spend $10.2M towards cleanup, 995
      – Electric power plants
        – – Mohave Generating Station, utility to dismantle plant, 1415
        – – White Pine Energy Station, environmental groups appeal BLM approval of coal-fired plant construction, 215; company postpones construction plans in light of economic and environmental uncertainties, 353; GAO reports slight increase in emissions could impair visibility at Great Basin Natl. Park, 1816
      – Energy efficiency, governor signs legislative package, 1398
      – Gold mining
        – – Cortez Hills project injunction denied, excavation for expansion may begin (D. Nev.), 232
        – – Philippine province suit against Canadian firm over environmental impact of open-pit operations remanded to state court (9th Cir.), 2295
      – Grazing impacts on sage grouse
      – Logging road ownership, environmental groups have standing to participate in suit (U.S., rev den), 716
      – Mining, Nye and Clark county public lands withdrawn to protect desert tortoise, cultural sites, 2520
      – Regional haze, slight increase in emissions could impair visibility in Great Basin Natl. Park, GAO reports, 1816
      – Renewable energy, governor signs legislative package, 1398
      – Water quality, railroad agrees to restore desert streams and wetlands, pay civil penalty (D. Nev.), 1960
      – Yucca Mountain repository
    NEW ENGLAND
      – Renewable energy, governors agree to speed regional development, 2185
    NEW HAMPSHIRE
      – Beede Waste Oil Superfund Site, Mass. agencies agree to pay $2.85M to resolve liabilities at N.H. site (D. N.H.), 871
      – Carbon dioxide trading agreement
      – Climate change, task force issues plan to reduce GHG emissions by 80 percent of 1990 levels by 2050, 790
      – Stormwater
        – – Sewer connections, EPA proposes fines against communities for permit violations, 2015
        – – Small MS4s, EPA plans to reissue NPDES general permits, 69
    NEW JERSEY
      – Brownfields
        – – Oversight privatization, governor signs bill in attempt to ease backlog, 1144
        – – Seller faces strict liability for cleanup costs and damages stemming from failure to obtain pre-sale no further action letter (N.J. Super. Ct. App. Div.), 1956
      – Carbon dioxide trading agreement
      – Delaware River oil spill, NOAA issues draft damage assessment, restoration plan, 67
      – Environmental pollution and unsafe workplace alleged, former managers of N.J. foundry sentenced to prison (D. N.J.), 905; company fined $8M for violations, 1013
      – Groundwater monitoring under access order not trespassing (D. N.J.), 790
      – Hazardous waste
        – – Chromium, PPG agrees to clean up sites (N.J. Super. Ct.), 457
        – – Extension of deposition bar to former government official (D.N.J.), In Brief, 334
        – – Site Remediation Reform Act, Analysis and Perspective, 1469
      – Locomotive emissions, federal law preempts state regulation (D.N.J.), 162
      – Natural resources damages upheld for releases predating enactment of law (N.J. Super. Ct.), 354
      – Nuclear plant relicensing to move ahead despite lack of consideration of environmental impact of terrorist air attack (3d Cir.), 843
      – PFOA contamination class action, resident cannot later cure failure to give advance notice of claim (D.N.J.), 890
      – Radioactive materials regulatory responsibility, NRC seeks comments on proposal, 1252; agreement, In Brief, 2360
      – Superfund
        – – Algro Knitting site, consent order does not waive government right to seek statutory penalties (D.N.J.), 1368
        – – Combe Fill South Landfill, hundreds of defendants agree to pay $99M to state, EPA for past and future cleanup costs (D.N.J.), 59
        – – Curtis Specialty Papers Inc., EPA NPL listing, 2243
        – – Diamond Alkali Site
          – – – Final EPA plan calls for mechanical dredging of dioxin-contaminated sediment, 109
          – – – Subcontractor, owner plead guilty in kickback, fraud scheme (D.N.J.), 494; federal government indicts additional subcontractors, 2191
        – – Federal Creosote Site
          – – – Bankruptcy, federal authorities allege company attempted to evade cleanup liability through restructuring (Bankr. S.D.N.Y.), 1250
          – – – Electrical subcontractor receives prison sentence for role in fraud and kickback scheme (D.N.J.), 1715
          – – – Landscaping subcontractor pleads guilty to conspiracy to defraud EPA (D.N.J.), 1563; sentencing, 2569
          – – – Sales representative for subcontractor pleads guilty in bid-rigging scheme (D.N.J.), 2569
          – – – Soil cleanup company former executive pleads guilty in scheme to defraud EPA (D.N.J.), 1647
          – – – Subcontractor, owner plead guilty in kickback, fraud scheme (D.N.J.), 494; government indicts additional subcontractors, 2191
        – – Homeowners' expenses not recoverable as response costs, did not further cleanup (D.N.J.), 2294
        – – Interlee site, cost recovery claim rejected, costs incurred in effort to shift liability (D.N.J.), 2009
        – – Kearny Site, purchase and sale agreement provision requires current owner to indemnify seller for pre- and post-sale pollution (3d Cir.), 387
        – – McGuire Air Force Base site, EPA, Air Force reach agreement on establishing framework for cleanup plan, 2242
        – – Pollution reporting, injunction blocks state suit against W.R. Grace during bankruptcy proceedings (D. Del.), 715
        – – Raritan Bay Slag, EPA proposes NPL listing, 823; final listing, 2570
        – – Roebling Steel Site, EPA releases economic stimulus funds for cleanup, 870
        – – USMRC site, disturbance of waste during investigation not disposal absent negligence, no arranger liability (D.N.J.), 1563
        – – Vineland Site, EPA releases economic stimulus funds for cleanup, 870
        – – Welsbach Co. and General Gas Mantle Co. Site, EPA releases economic stimulus funds for cleanup, 870
        – – Woodland Dump Sites, chemical maker pays $1.4M for natural resources damages (N.J. Super. Ct.), 1145
      – Wind energy, DOI issues 5 offshore development leases, 1500
    NEW MEXICO
      – Electric power plants
        – – Desert Rock project, EPA appeals board agrees to review permit approval, severs CO2 emissions issue (EAB), 213; comment period extension, 456; Colo. urges EPA to reconsider permit approval, 674; EPA wants to consider requiring gasification technology, 984; plant owner says EPA request to review permit violates CAA, 1427; Appeals Board remands permit for consideration of gasification technology, 2286
        – – Four Corners plant, fugitive dust portion of federal implementation plan remanded (10th Cir.), 903
        – – San Juan Generating Station, company pays record fine to resolve air quality violations (D.N.M.), 1089
      – Emissions trading, lawmakers introduce bill, 355
      – GHG emissions
        – – Environment board rules emissions covered as pollutants, 851
        – – Western Regional Initiative
      – Ozone
        – – Oil and gas leasing, environmental groups drop suit against BLM over harmful levels in San Juan Basin (D.N.M.), 163
        – – Standards more stringent than federal standards, legislature approves bill giving state authority, 720
      – Refineries
        – – Air quality violation settlement includes $2.5M for environmental improvements, 459
        – – Hazardous waste, Tex. company settles violations with fine, 2196
      – Regional haze, EPA seeks comment on options for reducing pollution from 2 power plants, 2047
      – Superfund
        – – Eagle Picher Carefree Battery site, bankrupt electronics maker liable for $9M cleanup costs (6th Cir.), 931
        – – South Valley site, Air Force, DOE to pay $3.3M response costs (D.N.M.), 1504
      – Sustainable communities, Obama announces technical assistance project selection, 2255
      – Uranium mining, proposed site on Navajo lands requires EPA underground injection permit, may be subject to ban (10th Cir.), 940
      – Vehicle emissions
        – – Effective date delay, legislature approves bill, 721; governor vetoes legislation, 850
        – – Out-of-state vehicles, House approves bill closing compliance loophole, 458; bill dies in Senate, 721
      – Waste Isolation Pilot Plant
    NEW SOURCE PERFORMANCE STANDARDS (NSPS)
      – Applicability Determination Index
        – – Decisions, In Brief, 11
        – – Document postings, In Brief, 1625
      – CAFO emissions, groups petition EPA to issue, 2236
      – Calculation of emissions, EPA seeks comments on emissions factors, 2390
      – Coal processing plants, EPA proposes stricter standards for particulate matter, 1229; EPA publishes final rule, 2326
      – Construction and development point sources, interested parties diverge on EPA proposal, Special Report, 1919; EPA proposes extending 2008 stormwater general permit for one year, 2467
      – Fossil fuel-fired power plants
        – – Indian River Power, citizen suit dismissed due to state enforcement (D. Del.), 1815
        – – Opacity, EPA waives standards for units using continuous monitoring systems, 213
      – Fossil fuel-fired steam generating unit rule remand, EPA looks to craft multipollutant strategy (D.C. Cir.), 2093
      – Medical waste incinerators, EPA tightens emissions standards, guidelines, 2174; EPA publishes final rule, In Brief, 2331
      – Nitric acid plants, environmental groups sue to force review of emissions standards (D.D.C.), 320
      – Nonmetallic minerals processing plants, EPA final rule tightens particulate emissions limits, 904; publication of rule, In Brief, 979
      – Portland cement plants, attorneys' fees award upheld (9th Cir.), 1413
      – Refineries
        – – EPA extends stay, 8
        – – Equipment leaks of VOCs, optical scanner use, In Brief, 11
      – Stationary combustion turbines burning biogas, EPA amends rules, 673
      – Stationary compression ignition internal combustion engines, EPA agrees to clarify applicability, compliance responsibility (D.C. Cir.), 1278
      – Stationary emissions source audit program, EPA extends comment period on proposal requiring purchase of samples, 1625; industry groups, state regulators question privatization of process, 2097
      – Synthetic organic chemicals manufacturing, equipment leaks of VOCs, optical scanner use, In Brief, 11
    NEW SOURCE REVIEW (NSR)
      – Aggregation of modifications, EPA final rule includes interpretation reducing applicability, 93; EPA publishes rule, 160; Obama orders hold on pending regulations, 180; EPA postpones implementation to allow for administration review, 319; EPA to reconsider rule, In Brief, 375; EPA proposes further delay of effective date, 605; EPA plans year-long delay of rule, 1101
      – Big Cajun II coal-fired power plant, operator charged with failure to install BACT (M.D. La.), 374
      – Bull Run power plant improvements to economizer and superheater units, trial needed to determine if major modification or routine maintenance (E.D. Tenn.), 861
      – Cement kilns
        – – Cal. plant underwent major modification without review, maker settles with emissions reduction, $2M fine (C.D. Cal.), 161
        – – Lyons Cement Plant, Colo.
          – – – Environmental group petitions EPA to object to permits, EPA orders state to justify operating permit, 1141
          – – – Major modification performed without review, EPA files suit (D. Colo.), 161
      – Cinergy coal-fired power plant, company paid retiree for testimony, new trial ordered (S.D. Ind.), 7; Cinergy to pay retrial costs, no sanctions for company attorneys, 94; retrial date set, In Brief, 322; retrial begins, 1101; jury finds Cinergy liable for 2 violations, clears company on 4 counts, 1229; judge orders closure of 3 units, imposes fine, 1279
      – E. W. Brown Generating Station, Ky. company settles alleged violations with $136M, 90 percent emission reduction (E.D. Ky.), 269
      – Enforcement, Obama administration files third lawsuit, indicates new focus, 2095
      – Fine particles, EPA to reconsider Bush-era rule, 973; EPA stays rule to consider petition, 1277; EPA extends stay additional 9 months, In Brief, 1751; EPA stays rule as agency works to repeal grandfather clause, 2221
      – Fugitive emissions, EPA final rule excludes some emissions from calculations, 8; environmental group challenges rule, petitions Jackson to stay rule (D.C. Cir.), 414; EPA to reconsider rule, 973; EPA stays rule, 2279
      – Jeffrey Energy Center, Kans. company sued for alleged prevention of significant deterioration violations (D. Kan.), 269
      – Mich. university boiler permit remand for GHG review (EAB), 456
      – Midwest Generation, federal, state authorities allege modifications made without proper permits, pollution control equipment (N.D. Ill.), 2094
      – N.Y. approves tougher regulations for power plants, 136
      – Obama administration off to fast start on policy changes, Special Report, 726
      – Oil and gas facilities, EPA revokes Bush-era policy on aggregation of emissions, 2437
      – Outlook 2009, SplRpt (1/16/09) S–30
      – Reasonable possibility, EPA to reconsider Bush-era rule, 973
      – Sulfuric acid manufacturing
        – – Enforcement initiative results in settlement agreements with 3 companies to install pollution controls (N.D. Ohio), 97
        – – Fertilizer maker agrees to install pollution controls, pay fine to settle violations at La. plant (E.D. La.), 2329
    NEW YORK
      – Ballast water management, industry challenge dismissed (N.Y. Sup. Ct.), 1327
      – Batteries, energy storage research, In Brief, 1091
      – Beverage container recycling, governor signs bill expanding returnable container law to include water bottles, 851; injunction granted (S.D.N.Y.), 1327; injunction lifted on most provisions of bill, retained against deposit provision, 2026; injunction lifted, 2534
      – Bottled water, governor signs order phasing out agency purchases of single-use bottled water, 1090
      – Bronx River, attorney general announces funding for protection efforts, 2150
      – Brownfields
        – – New York City mayor signs bill establishing cleanup program, 1145
        – – Statutory definition not met, denial of applications upheld (N.Y. App. Div.), 400
      – Carbon dioxide trading agreement
      – Chesapeake Bay watershed waters meet federal clean water standards, officials say, 340
      – Climate change
        – – Emissions reduction
          – – – Executive order sets goal of 80 percent reduction by 2050, 1975
          – – – State Assembly approves bill requiring reductions greater than under RGGI, 1090
        – – Environmental review process will include GHG emissions potential under proposal, 648
        – – State bar task force calls for realistic, timely, cost-effective steps to reduce GHG emissions, 509
      – Drinking water
        – – Toxic substances, New York City equipment replacement complete, EPA says, 1256
        – – Upstate watershed towns lack standing to seek review of New York City 10-year filtration waiver (2nd Cir.), 68; (U.S., rev sought), 1255; (rev den), 1569
        – – Waste hauler charged with dumping septic, cesspool waste into stream source (N.Y. Super. Ct.), 2311
      – Electric power plants
        – – Deregulation of markets has significantly reduced emissions, report finds, 956
        – – New source review, state approves tougher regulations, 136
      – Emissions trading, agency releases spending plan for proceeds from RGGI allowance auctions, 508; state approves plan, 1023
      – Energy efficiency, New York City leaders propose building measures, 957
      – Energy policy, governor proposes plan focusing on pollution reduction, affordability, reliability, 1975
      – Great Lakes issues
      – Green buildings, governor signs bill amending 2008 law, 2150
      – Groundwater contamination poses no imminent threat to hypothetical residents under RCRA (S.D.N.Y.), 232
      – Hazardous waste, rail car manufacturer settles RCRA complaint with fine (S.D.N.Y.), 2355
      – Hospitals, carbon dioxide emission cuts, In Brief, 1268
      – Hotels, green certification program, In Brief, 2263
      – MTBE, punitive damages against ExxonMobile barred in drinking water contamination case (S.D.N.Y.), 2411; jury awards $105M in compensatory damages, 2465
      – Natural gas drilling in Marcellus Shale, state issues EIS, 2375; company announces it will not drill on leased land, 2534
      – New York City
        – – Brownfields, mayor signs bill establishing cleanup program, 1145
        – – Climate change, expert panel reports on possible risks, 459
        – – Drinking water
          – – – Toxic substances, equipment replacement complete, EPA says, 1256
          – – – Upstate watershed towns lack standing to seek review of 10-year filtration waiver (2nd Cir.), 68; (U.S., rev sought), 1255; (rev den), 1569
          – – – Waste hauler charged with dumping septic, cesspool waste into stream source (N.Y. Super. Ct.), 2311
        – – Electric vehicles, readiness study commissioned, 2079
        – – Electronic waste collection and recycling, trade associations file suit to block implementation of law (S.D.N.Y.), 1864
        – – Generators, mayor signs bill requiring use of ultra low-sulfur diesel fuel, 722
        – – Hospitals, carbon dioxide emission cuts, In Brief, 1268
        – – Solid waste transfer station fees, mayor signs bill, 722
        – – Taxi board approves alternative fuel efficiency incentive plan to encourage hybrid use, 791; plan preemption by federal law (S.D.N.Y.), 1526
        – – Tree planting training grant, In Brief, 846
        – – Wetlands
          – – – Permit coordination, mayor signs bill, 722
          – – – Protection, report recommends boosting efforts, 302
      – Particulate matter nonattainment areas, Rockland County designation remanded (D.C. Cir.), 1621
      – Radioactive waste, DOE may conduct separate EISs for each stage of West Valley nuclear waste site decommissioning (2d Cir.), 2125
      – Regulatory review, governor signs bill, 1975
      – Sludge dumped into river, former water plant official faces criminal charges (N.Y. County Ct.), 649
      – Soil contamination, environmental conservation law provides no private right of action (W.D.N.Y.), 1326
      – Stormwater, Port Chester ordered to fix system, In Brief, 2071
      – Superfund
        – – Brewer Road Site, PRP complying with consent order may seek to recover response costs (2nd Cir.), 628
        – – Citizen suits, informal EPA concurrence with state's proposed investigation, study sufficient to bar suit (E.D.N.Y.), 279
        – – Consolidated Iron and Metal site, parties reach $12M cleanup agreement with EPA (S.D.N.Y.), 328
        – – First Energy liability, cost recovery claim improperly barred, suit reinstated (2d Cir.), 1117
        – – Gowanus Canal, EPA proposes NPL listing, 823
        – – Griffiss Air Force Base, EPA removes from NPL, 824
        – – Hudson River PCB dredging project
        – – Newtown Creek site, EPA proposes NPL listing, 2243; comment period extension, In Brief, 2464
        – – Old Roosevelt Field Site, EPA releases economic stimulus funds for cleanup, 870
        – – Solvent Savers Site, 4 parties agree to pay $14.8M for remediation (N.D.N.Y.), 430
        – – West Valley site, state, federal governments settle allocation suit (W.D.N.Y.), 2517
      – 2009-2010 budget, governor signs bill, 851
      – Underground storage tanks, fugitive in fraud case indicted upon return from India (W.D.N.Y.), 401
      – Vapor intrusion inspection results, In Brief, 725
      – Vehicle emissions
        – – Grocer agrees to pay fine, implement truck idling reduction program in New York City, 1023
        – – New York City laws restrict idling near schools, broadens enforcement, 401
      – Wetlands, horse farm settles violations, In Brief, 779
      – Wind energy, offshore farm feasible with upgrades, utility study says, 722
    NIGERIA
      – Oil and gas, Shell Oil settles civil suit with families of executed protesters for $15.5M (S.D.N.Y.), 1391
    NITRIC ACID MANUFACTURING
      – NSPS, environmental groups sue to force review of emissions standards (D.D.C.), 320
    NITROGEN DIOXIDE (10102-44-0)
      – Fossil fuel-fired steam generating unit NSPS remand, EPA looks to craft multipollutant strategy (D.C. Cir.), 2093
      – NAAQS, EPA will not issue advance notice of proposed rulemaking due to deadline restraints, 415; EPA proposes one-hour standard while retaining annual standard, 1541; EPA schedules hearings, 1698; clean air advocates push EPA to consider stronger standards at hearings, 1817; industry groups question EPA methodology used in developing proposal, 1877; science advisory committee endorses range under consideration for hourly standard, 1935; industry, environmental groups continue criticism of proposal, 1936; EPA science advisers question timetable for review of standards, 2045
    NITROGEN OXIDES (11104-93-1)
      – Cement kilns
        – – Cal. plant underwent major modification without review, maker settles with emissions reduction, $2M fine (C.D. Cal.), 161
        – – Colo. plant underwent major modification without review, EPA files suit (D. Colo.), 161
        – – Tex. city ordinance favors dry kiln cement, company sues (E.D. Tex.), 1917
      – Coal-fired power plants, Wash. operator agrees to limit emissions, 2211
      – Diesel emissions from large marine engines, EPA extended deadline on standards upheld (D.C. Cir.), 322
      – Emissions trading
        – – Power plants, Carper (D-Del), Alexander (R-Tenn) plan to introduce bill to control emissions, 975
        – – SIP Call states, EPA reports 5 percent emissions reduction between 2007, 2008, 2391
      – Natural gas processor agrees to pay fine, reduce NOx emissions at Utah plant, 1814
      – Ozone precursor, environmentalists sue EPA to force final action on San Joaquin Valley rules, 54
      – Risk assessment, EPA reports current levels in air harm environment, 2223
      – Ship emissions
        – – Canada, U.S. ask IMO to designate special emissions control areas, 741
        – – Diesel engines, EPA proposes steep reductions, 1622; industry, environmental groups praise proposal, 1878; environmental advocates urge EPA to strengthen proposal, 1937; EPA publishes proposed rule, 2100; exclusion requests cite economic impacts, 2327; air advisory committee endorses panel recommendation to issue rules without exemption, 2392; Northeastern states ask Feinstein (D-Cal) to ensure EPA issues rule without exemption, 2441
        – – Great Lakes ship exemptions
          See LEGISLATION, FEDERAL, HR 2996
        – – New international standards will improve air quality at ports, says Inspector General report critical of EPA failure to regulate, 672
    2-NITROTOLUENE (88-72-2)
      – Miss. chemical manufacturer settles charges related to explosion (S.D. Miss.), 2048
    NITROUS OXIDE (10024-97-2)
      – CAFO emissions, groups petition EPA to issue NSPS, 2236
      – Ozone-depleting potential greater than any other substance, NOAA reports, 2101
    NOAA
    NONPOINT SOURCES
      – EPA water nominee cites as major challenge, 1125
      – Gulf of Mexico hypoxia
        – – Mississippi River Health Watershed Initiative to control nutrient runoff, USDA head says, 2300
        – – USGS identifies top 150 watersheds responsible for dead zone, 835
    NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)
      – Cooperation
        – – Climate change, leaders agree to work together on emissions trading, smart grid activities, energy efficiency, 1944
        – – Trade representatives urge greater efforts, 1578
      – Gold mining, environmental protections imposed by Cal, U.S. no NAFTA violation against Canadian firm, 1371
      – Labor and environment provisions, Obama, Harper discuss improvements, 445; talks focus on GHG emissions, transmission grid, oil sands emissions peripheral issue, 504
      – Releases, transfers of pollutants totaled 5.5M metric tons in 2005, CEC reports, 1459
    NORTH CAROLINA
      – Animal waste management, state announces funding for installation of alternative technologies at hog farms, 1466
      – Clean Air Interstate Rule (CAIR), state seeks stricter regulations, decision vacating rule reversed and remanded to EPA (D.C. Cir.), 6; order remands decision to EPA, 534
      – Coal ash, governor signs bill expanding oversight, 1915
      – Discharge permits, additional requirements proposed in general permits for animal feeding operations, 84; issuance, In Brief, 460
      – Drinking water
        – – Arsenic, proposed rule changes establish stricter limits, 2210
        – – Former public works director sentenced to prison for conspiracy to violate environmental laws (E.D.N.C.), 568
      – Electric power plant emissions
        – – Cliffside plant, N.C. determines new unit is minor source, 649; administrative appeals process proper venue for permit challenge (W.D.N.C.), 1667
        – – Progress Energy to replace coal-fired units with gas-fueled plant, 2026
        – – Scrubber installation ordered at Tenn., Ala. power plants to protect residents' health (W.D.N.C.), 96; TVA plans appeal, 1279
      – Landfills, additional banned materials, In Brief, 2081
      – Ozone, SIP for Charlotte area withdrawn, 1102
      – Phosphate mine expansion, higher level of environmental impact review sought by EPA, groups, 776; EPA approves permit, 1513
      – Plastic shopping bags, governor signs bill banning use by large retailers in coastal counties, 1584
      – Sewage discharges into coastal waters, governor signs prohibition bill, 1865; correction, 2029
      – Stormwater standards for composting, governor signs bill, 1797
      – Superfund
        – – GMH Electronics, EPA proposes NPL listing, 823; final rule, 2243
        – – Kerr-McGee Chem. Corp. in Navassa, EPA proposes NPL listing, 2243
        – – Ore Knob Mine, EPA proposes NPL listing, 823; final rule, 2243
      – Trichloroethylene contamination at Camp Lejeune
        – – ATSDR health assessment under revision, 1004
        – – Child's heart defect, personal injury claim denied (U.S., rev sought), 282; (rev den), 1376
        – – Health impacts may never be known, research council reports, 1451
        – – Senators ask Navy to provide more information on chemicals in drinking water, 1187
      – Underground storage tanks, challenge of penalties dismissal upheld (N.C. Ct. App.), 2027
      – Wastewater treatment plant operator sentenced for illegal discharges into stream (W.D.N.C.), 1309
      – Wind energy, Legislature fails to act on permitting bill, 1976
    NORTH DAKOTA
      – Carbon sequestration, legislature approves bill, 650
      – River filled, rerouted without permit during road construction, county must develop mitigation plan, 1308
      – Water quality, pumping water from Devils Lake into Sheyenne River no longer requires permit, 1668; state approves additional pumps, In Brief, 2082
    NOTICE AND NOTIFICATION
      – Drinking water
        – – Cal. counties have no duty to require public notification of contamination (Cal.), 1581
        – – Ill. governor signs bill, 2077
      – Insurance, requirement in buy back clause upheld, no coverage owed to oil company (Cal. Ct. App.), 1663
      – Superfund
        – – Highly publicized lawsuits do not constitute notice of cause of injury (N.D. Cal.), 2517
        – – Offer to pay for liability waiver does not satisfy requirement (N.D. Tex.), 629
      – Wetlands, Corps revises requirement for discharges to upland ditches, 938
    NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM)
    NPL
    NRC
    NSPS
    NSR
    NTP
    NUCLEAR ENERGY
      – Climate change
        – – Construction of 100 new plants encouraged by Alexander (R-Tenn) as alternative to climate change bill, 1704
        – – Policy must include as energy source, McCain (R-Ariz) tells forum, 924
        – – Utility CEO supports bill, 1169
      – DOE FY2010 budget proposal reduces funding, 1048; senators oppose budget cuts at hearing, 1167
      – Emissions reduction targets, consortium says new resources needed to meet goals, 1890
      – Environmental impacts preferable to poorly planned renewable energy sprawl, Alexander (R-Tenn) says, 2339
      – Lawmaker supports priorities, industry urged to repackage message, 284
      – Radioactive waste, accountability alliance asks Congress to eliminate subsidies, fund cleanup, 998
      – Renewable energy, Murkowski (R-Alaska) calls for counting toward electricity generation standard goal, 752
      – Scientists urge construction of new power plants rather than reprocessing facilities at forum, 1182
      – Senate energy bills
        – – Markup, committee to address issues in future session, 751
        – – Republican alternative bill
          See LEGISLATION, FEDERAL, S 1333
    NUCLEAR FACILITIES
      – Accidental release of radioactive material, NRC guidance, In Brief, 1069
      – Decommissioning, NRC asks operators to ensure adequate funding, 1503; NRC guidance directs licensees to detail plans to address account shortfalls, 1565
      – Fire protection, NRC chair stresses desire to strengthen safety despite increased workload, budget constraints, 1645
      – Fla. board approves application to replace coal-fired electric power units with nuclear generator, 1971
      – Licensing
        – – Reactor applications indicate interest in new facilities high, Klein tells Senate committee, 633
        – – Renewals, NRC to revise generic environmental impact statement, 1889
      – Prairie Island power plant expansion, administrative law judge recommendation expected by mid-Oct., 2260; judge recommends increasing spent fuel storage, 2534
      – Radiological surveys, multi-agency manual offers guidance, 175
      – Regulatory oversight improved since Three Mile Island accident, plants safe, NRC officials say, 696
      – Security, relicensing of plant to move ahead despite lack of review of environmental impact of terrorist air attack (3d Cir.), 843
      – Spent fuel
    NUCLEAR REGULATORY COMMISSION (NRC)
      – Chairman Klein to serve out term in Obama administration, 185; Obama intends to nominate Jaczko as chairman, 1132
      – Commissioner term expires, In Brief, 1568
      – General counsel, Klein names Burns, In Brief, 829
      – Vacancies, Obama intends to nominate Apostolakis, Magwood, 2415; Klein offers resignation, 2475
      – Voting, Markey (D-Mass) calls for public, verbal voting to make decisionmaking more transparent, 2414
    NUCLEAR WEAPONS
      – Cleanup of former weapons sites
        – – Defense authorizations
          See LEGISLATION, FEDERAL, HR 2647
        – – DOE seeks $5.5B in FY2010 budget request, 1062
        – – Legacy waste
          – – – DOE progress report incomplete, overdue, GAO reports, 1302
          – – – Economic stimulus projects, Chu announces release funds, 766; environmental management head promises to manage funds wisely, 935
        – – Obama intends to nominate Triay to lead, 635; Senate panel approves nomination, 996
      – Hanford Nuclear Reservation
      – Lawrence Livermore Natl. Lab.
        – – Supercomputer center, injunction delays construction due to lack of environmental review (N.D. Cal.), 825
        – – Superfund cleanup, DOE faces penalties for failure to resume, 60; DOE resumes cleanup, will pay fine, 824
      – National Environmental Research Parks, funding authorization
        See LEGISLATION, FEDERAL, HR 2729
    NUISANCE
      – Electric power plants, GHG emissions contribution to global warming, states' suit reinstated (2nd Cir.), 2227
      – Groundwater contamination from landfill, inability to develop property cognizable injury, claims may proceed (N.D. Cal.), 2064
      – Hog farm does not pose nuisance due to odor, jury finds (Ill. Cir. Ct.), 352
    NUTRIENTS
      – Chesapeake Bay watershed
        – – N.Y., Va. taking steps to reduce pollution, 340
        – – TMDL, EPA website to track development, 2068
        – – W.Va. governor signs bill, 1467; state agency tells sewer districts to follow CWA limits, 2029
      – Criteria guidance, EPA SAB panel opens review of draft guidance to states, 2129; SAB to complete review by Dec., 2198
      – EPA water administrator nominee cites as major challenge, 1125; Silva says management one of biggest water issues, 2130
      – Federal water quality standards, inspector general says EPA should develop, 2128
      – Florida
        – – Federal criteria, EPA to promulgate, Analysis and Perspective, 1589
        – – Numeric water quality standards required, EPA determination says, 195; EPA agrees to set standards (N.D. Fla.), 2067; state files motion to intervene, 2372
      – Gulf of Mexico
        – – Hypoxia
          – – – Dead zone smaller, deeper than expected, NOAA reports, 1846
          – – – Watersheds, USGS identifies top 150 responsible for dead zone, 835
        – – Mississippi River Healthy Watersheds Initiative to control runoff, USDA head says, 2300
        – – Spring delivery highest measured in 3 decades, USGS study finds, 1447
      – Md. must release farm nutrient management plan summaries (Md. Cir. Ct.), 508
      – Outlook 2009, SplRpt (1/16/09) S–24
      – Regulatory history, critical evaluation, Analysis and Perspective, 1593
      – Waterway impairment continues to challenge EPA, speakers tell conference, 1782

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