Environment Reporter: Current Developments Index-Summary

TAKINGS

– Beach-front erosion control, Fla. law upheld (U.S., rev sought), 783; (rev grant), 1456; federal government may present argument (oral arg), 2469
– Coastal property development permit denial, claim not ripe due to lack of final ruling by Cal. commission (U.S., rev den), 451

TANKS

See UNDERGROUND STORAGE TANKS (USTs)

TAXATION

– Alternative energy credit program financing through offshore oil and gas drilling

See LEGISLATION, FEDERAL, HR 2227

– Alternative fuel vehicles, Colo. governor signs bill providing income tax credits, 1396
– Battery technology development, Mich. legislature approves incentives, 35
– Biofuels

– – Credit elimination

See LEGISLATION, FEDERAL, HR 3187

– – Mich. offers service stations tax credits to install dispensing equipment, 648

– Brownfields remediation incentives

See LEGISLATION, FEDERAL, HR 3260

– Carbon taxes

See CLIMATE CHANGE

– Clean energy, Tenn. tax credit, 1671
– Drinking water infrastructure trust fund support

See LEGISLATION, FEDERAL, HR 3202

– Electric vehicle batteries, Mich. governor signs bill providing credits to manufacturers, 196
– Emissions trading

– – Credit in climate change bill placeholder for lower-income family aid, Waxman (D-Cal) says, 1162
– – Free allowances and credits could be taxed, witnesses tell Senate finance panel, 1420
– – Republicans say Obama breaking pledge to avoid tax hikes with GHG regulation plan, 757

– Energy-efficiency credits, IRS issues guidance on certification of products, 919
– Green building credits, Md. bonus program, In Brief, 138
– Hanford Nuclear Reservation cleanup contractors, governor signs bill providing reductions, 1267
– Hybrid vehicles, Or. governor signs bill eliminating credit for purchases, 1977
– Natural gas-fueled vehicles

See LEGISLATION, FEDERAL, HR 1835, S 1408

– Natural resource protection, Iowa trust bill, In Brief, 403
– Renewable energy tax incentives

See RENEWABLE ENERGY

– Solar energy tax incentives

See SOLAR ENERGY

– Superfund

– – Bankruptcies, Blumenauer (D-Or) says reauthorization needed to respond to polluters trying to shirk responsibility, 1641
– – Outlook 2009, SplRpt (1/16/09) S–19
– – “Polluter pays” tax reinstatement

See LEGISLATION, FEDERAL, HR 832

– Transportation, levy on air, sea transport proposed to fund climate change adaptation for poorer countries, 1360
– Water rights donations, Colo. governor signs bill allowing incentive, 1396

TCE

See TRICHLOROETHYLENE (79-01-6)

TECHNOLOGY

– Car fuel efficiency, international initiative aims for 50 percent increase by 2050 using existing technologies, 486
– Electricity transmission

See ELECTRIC POWER GENERATION, TRANSMISSION, AND DISTRIBUTION

– Energy technologies

– – Clean coal technology

See CLEAN COAL TECHNOLOGY

– – Clean energy technology

See CLEAN ENERGY

– – Fossil fuels to remain major energy source as technology develops, Shell Oil president tells conference, 816
– – Methane hydrate use feasible, experts tell House hearing, 1892
– – Tariff elimination would promote GHG emissions reductions, Paulson tells conference, 105

– Renewable energy, U.S. should take lead in development, Obama tells researchers, 2511
– Spent nuclear fuel recycling, pace of research, development to slow as DOE explores more options, official tells conference, 634

TELECOMMUNICATIONS

– Emergency planning and response, Verizon Wireless to pay fine for violations, 1520

TENNESSEE

– Asbestos, salvage and demolition contractor pleads guilty to handling, notice violations (E.D. Tenn.), 2331
– Clean energy tax credit, In Brief, 1671
– Coal ash

– – Disposal, legislature approves disposal restrictions, 1146; governor signs bill, 1266
– – TVA fly ash pond breach

See Hazardous waste, this heading

– Coal mining, legislature approves prohibition of permit issuance for activities within 100 feet of ordinary high water mark, 1146
– Electric power plant improvements to economizer and superheater units, trial needed to determine if major modification or routine maintenance (E.D. Tenn.), 861
– Emissions trading, Senate opposes federal cap-and-trade system, In Brief, 1401
– Hazardous air pollutants, first data from school monitoring finds low short-term manganese exposures at 2 schools, 1486; EPA confirms low levels of manganese in air samples outside schools, 2174
– Hazardous waste

– – Exclusion, EPA seeks comments on refinery proposal, 1642
– – Fly ash pond breach

– – – Disposal, TVA plans permanent disposal in landfills, 1176; EPA approves disposal in Ala. landfill, 1641
– – – Economic development, TVA to spend $40M on area projects, 2189
– – – Emergency response, spill shows need for improved training, report says, 1453
– – – Emory River, partial closure scheduled for ash removal, 2409
– – – Environmental group plans lawsuits against TVA, 16
– – – EPA finds spill unpermitted discharge in violation of CWA, 336
– – – Investigation cites multiple causes for ash slide, 1561; accident might have been avoided had TVA heeded warnings, report says, 1838; lack of training, confusion over leadership, culture of reaction contributed to spill, consultant reports, 1839; science panel recommends continuation of selenium monitoring, 2063
– – – Residents file suit alleging incident was foreseeable (E.D. Tenn.), 431
– – – Restoration, EPA seeks comments on plan, 2459
– – – Sampling shows contaminants under federal levels, 62
– – – State issues order seeking cleanup details, reimbursement, 137; TVA cleanup plan includes monitoring, sampling, 554; dredging might release contaminants, witnesses tell House panel, 764
– – – Superfund, TVA agrees to pay for cleanup, 1116
– – – TVA says cleanup could cost up to $825M, 385

– Metals processor fined for falsifying air pollution records (E.D. Tenn.), 162
– Motor vehicle inspection and maintenance, governor signs bill allowing remote sensing in some counties, 1091
– Mountaintop mining, Appolo Fuels settles claims of illegal mining, 1064
– Plastics maker faces fine for excess VOC emissions, 2079
– Solid waste, bill to expand county's disposal authority illegal, attorney general says, 355
– Transboundary air pollution, scrubber installation ordered at power plants to protect N.C. residents' health (W.D.N.C.), 96; TVA plans appeal, 1279

TENNESSEE VALLEY AUTHORITY (TVA)

– Budget, FY2010, progress on final budget continues, official tells subcommittee hearing, 1312
– Bull Run power plant improvements to economizer and superheater units, trial needed to determine if major modification or routine maintenance (E.D. Tenn.), 861
– Coal ash regulation may need to change, president testifies at Senate hearing, 108
– Gypsum waste from Ala. plant spills into Widows Creek, 109
– Hazardous waste, fly ash pond breach

– – Cleanup could cost up to $825M, TVA says, 385
– – Disposal, TVA plans permanent disposal in landfills, 1176; EPA approves disposal in Ala. landfill, 1641
– – Economic development, $40M to be spent on area projects, 2189
– – Emergency response, spill shows need for improved training, report says, 1453
– – Emory River, partial closure scheduled for ash removal, 2409
– – Environmental group plans suits, 16
– – EPA finds spill unpermitted discharge in violation of CWA, 336
– – Investigation cites multiple causes for ash slide, 1561; accident might have been avoided had TVA heeded warnings, report says, 1838; lack of training, confusion over leadership, culture of reaction contributed to spill, consultant reports, 1839; science panel recommends continuation of selenium monitoring, 2063
– – Residents file suit alleging incident foreseeable (E.D. Tenn.), 431
– – Restoration, EPA seeks comments on plan, 2459
– – Sampling shows contaminants under federal levels, 62
– – Superfund, TVA agrees to pay for cleanup, 1116
– – Tenn. issues order seeking cleanup details, reimbursement, 137; TVA cleanup plan includes monitoring, sampling, 554; dredging might release contaminants, witnesses tell House panel, 764

– Paradise Fossil Plant, EPA will respond to objections challenging operating permit (D.D.C.), 862; EPA orders Ky. to review and correct portions of operating permit, 1933
– Transboundary air pollution, scrubber installation ordered at 4 Tenn., Ala. plants to protect N.C. residents' health (W.D.N.C.), 96; TVA plans appeal, 1279

TEST METHODS AND PROCEDURES

– Air emission velocity through smokestacks, EPA proposes revision for fossil fuel-fired power plant method, 2046
– Auto emissions, Tenn. governor signs bill allowing remote sensing use in some counties, 1091
– Bottled water, FDA tightens total coliform standards, 1305
– Drinking water, EPA approves 6 alternatives, 1960
– Triclosan, researchers may have found faster, less expensive technique to analyze water, 120

TESTIMONY

See WITNESSES AND TESTIMONY

TEXAS

– Air quality, natural gas production emissions worsening Dallas/Fort Worth ozone, GHG problems, environmental group reports, 375
– Argon gas naturally occurring, pollution exclusion clause bars claims involving workers' deaths (N.D. Tex.), 1399
– Cement maker sues city over ordinance favoring dry kiln cement (E.D. Tex.), 1917
– Chemical maker agrees to pay fine for air quality violations, 1266
– Climate change

– – Federal bill impacts on state

See LEGISLATION, FEDERAL, HR 2454

– – GHG emissions, environmental group files suit to force state regulation (Tex. Dist. Ct.), 2376

– Copper smelter air permit documents, court orders release (Tex. Dist. Ct.), 957
– Electric power plants, permit for Sandy Creek Energy Assocs. plant upheld (Tex. App. Ct.), 304
– Gasoline retailer faces fines for UST violations, 198
– Hazardous waste

– – BP agrees to pay fine, complete SEP to settle state violations at Texas City plant, 1642
– – Chlorine gas, company president, foreman sentenced for burying cylinders without permit (E.D. Texas), 1304
– – Exclusion, EPA seeks comments on refinery proposal, 1642; EPA approves WRB Refining sludge exclusion, 1896

– Hybrid vehicles, governor proposes $5,000 incentive towards purchase, 257
– Insurance, pollution exclusion clauses

– – Carbon monoxide exposure claims barred (5th Cir.), 1024
– – Consequential damages, exclusion not limited to direct property damages (5th Cir.), 2357
– – Solid waste used as fill material, coverage barred (N.D. Texas), 2261

– Jet fuel spill, Okla. pipeline firm agrees to pay $3.3M penalty (S.D. Tex.), 118
– Natural gas, city revises drilling ordinance to meet international fire code, 37
– Oil spills, natural resources damage claim triggers right to jury trial (S.D. Tex.), 436
– Organic chemicals maker agrees to pay fine for air violations, 1146
– Ozone nonattainment areas, agency sends list to governor, 37
– Plastics maker settles violations at petrochemical plant (S.D. Tex.), 2304
– Radioactive waste, state approves license for low-level waste disposal facility, 197
– Refineries

– – BP refinery explosion

– – – Plea agreement accepted (S.D. Tex.), 606
– – – State charges company with violating health, safety, and environmental protection laws (Tex. Dist. Ct.), 1399; refinery agrees to comply with air rules, implement corrective actions, 1585

– – Cedar Bayou Plant, environmental groups allege permit violations during hurricane events (S.D. Tex.), 2047
– – Enforcement actions, air violations, 2028
– – ExxonMobil agrees to fines to settle state air violations, 2028
– – Hazardous waste

– – – BP agrees to pay fine, complete SEP to settle state violations at Texas City plant, 1642
– – – Exclusion, EPA seeks comments on proposal to exclude waste stream from regulation, 1642; EPA approves WRB Refining sludge exclusion, 1896
– – – Western Refining settles violations at N.M. facility with fine, 2196

– – Huntsman Petrochemical fine for air violations, In Brief, 959
– – Injection wells, company, executives plead guilty to improper waste disposal (S.D. Tex.), 949
– – Operating permits, EPA to review petition objecting to permit for Premcor facility (D.D.C.), 270; EPA files objection to Premcor, CITGO permits, 1415
– – Pollution controls, BP agrees to $180M settlement (N.D. Ind.), 373
– – Total Petrochemicals USA pays fine for state air violations, 1736
– – Upset emissions at Deer Park refinery, Shell Oil settles citizen suit with $5.8M penalty (S.D. Tex.), 976

– Solar energy, Senate approves incentive fund bill, 957
– State implementation plan, EPA agrees to timetable to review changes under settlement (N.D. Tex.), 1670; EPA proposes rejecting 3 portions of plan, 2151; EPA, state officials meet to discuss proposed rejection, 2424
– Stormwater management, environmental group's catalyst theory argument to establish substantially prevailing party rejected (5th Cir.), 25
– Superfund

– – Attebury Grain Storage Facility, EPA adds to NPL, 823
– – Garland Creosoting Site, EPA releases economic stimulus funds for cleanup, 870
– – Love Field site, offer to pay for liability waiver does not satisfy notification requirement (N.D. Tex.), 629
– – Statute of limitations, one party's actions not basis for tolling time bar against another (S.D. Tex.), 2462
– – Van der Horst USA Corp., EPA proposes NPL listing, 2243

– Wildlife refuge creation on site of reservoir, reliance on environmental assessment complies with NEPA (U.S., rev sought), 1527
– Wood preserver to pay fine, take immediate corrective actions, 1023

TEXTILE INDUSTRY

– Synthetic fiber maker to pay fine, correct violations in settlement under EPA audit policy, 880

TIRES AND TIRE INDUSTRY

– Corporate veil piercing, wife ordered to pay cleanup costs, fines, interest incurred by illegal tire pond (Conn. Super. Ct.), 81

TMDL

See TOTAL MAXIMUM DAILY LOAD (TMDL)

TOTAL MAXIMUM DAILY LOAD (TMDL)

– Chesapeake Bay, EPA seeks input on development for nutrients, sediment, 2201

TOURISM

– Antarctic Treaty parties resolve to impose restrictions, 951
– Hotels, N.Y. green certification program, In Brief, 2263

TOXIC SUBSTANCES

See also specific substances
– Cal. agency director resigns, In Brief, 510
– Cameron, Mo. soil, water tests show no danger, In Brief, 389
– Chlorinated solvents, prior owner of Neb. property not liable for contamination in two suits (D. Neb.), 111
– Drinking water, New York City equipment replacement complete, EPA says, 1256
– Electronic waste, reduction efforts should focus reducing toxicity of components, panel tells House hearing, 329
– Hazardous substances found at superfund sites, agency issues new profile, 6 updates, 283
– Or. releases draft list as part of long-range plan to reduce pollution, 1329; state releases final list, 2535
– Outlook 2009, SplRpt (1/16/09) S–36
– Perfluorochemicals levels elevated in Minn. city residents, study finds, 1735
– Toxics Release Inventory

See TOXICS RELEASE INVENTORY (TRI)

– Tributyltin, House panel raises concerns over Coast Guard ability to enforce anti-fouling control system convention, 1377; bill banning toxic antifouling systems, see LEGISLATION, FEDERAL, HR 3618
– Waste burning improper, veterans claim contractors' actions harmed soldiers in Iraq, Afghanistan (N.D. Okla.), 1839

TOXIC SUBSTANCES AND DISEASE REGISTRY AGENCY (ATSDR)

– Leadership lacking, agency not protecting public health, report says, 625
– Structure, culture of agency preventing public health protection, House panel told, 626

TOXIC SUBSTANCES CONTROL ACT (TSCA)

– Ed. Note: This heading is limited to TSCA reauthorization or reform. The heading TOXIC SUBSTANCES provides coverage of TSCA administration and enforcement and cross-references to specific pollutants and industries regulated under TSCA.

TOXICS RELEASE INVENTORY (TRI)

– Burden reduction

– – Advocacy group to petition EPA to reverse final rule, 447
– – Reversal of rule, Jackson willing to restore stricter standards if Congress does not mandate action, 524; new rule will reinstate stricter pre-2006 requirements, 640; EPA reinstates more stringent rules, 945; reinstated rule publication, In Brief, 1015
– – 2009 appropriations bill prohibits use of funds to implement rule, advocates praise Congress for action, 640

– Hydrogen sulfide, environmental groups seek addition to reporting program, 863
– Outlook 2009, SplRpt (1/16/09) S–39
– Releases fell in 2007, emissions down 7 percent, EPA reports, 711
– 2008 data, EPA releases raw facility-level data in advance of analysis, trends report, 2018; EPA finishes raw data collection, analysis could be published in Dec., 2366

TRADING PROGRAMS

– Greenhouse gases

See EMISSIONS TRADING

– Water quality

See WATER QUALITY STANDARDS

TRAINING

– Brownfields grants

– – Awards, EPA, In Brief, 176
– – Economic stimulus package puts new emphasis on green jobs, analysis finds, 428; NIEHS funds available, 881
– – Funds available, EPA accepting applications until Dec. 1, 2359

– Coal ash impoundment breach shows need for improved emergency response training, TVA Inspector General reports, 1453
– Green jobs, EPA awards $7M in supplemental ARRA grants, 1894
– Md. governor signs bill expanding program to include green fields, 1142
– New York City urban forest restoration grant, In Brief, 846
– School bus drivers, idling violation settlement includes program implementation, 2442

TRAINS

See RAILROADS

TRANSBOUNDARY POLLUTION

– Federal interstate air pollution plans, suit alleges EPA late in filing for 7 states (N.D. Cal.), 1351
– TVA ordered to install scrubbers at Tenn., Ala. plants to protect N.C. residents' health (W.D.N.C.), 96; TVA plans appeal, 1279

TRANSPORTATION

– Air transportation

See AIR TRANSPORTATION

– Alternatives, witnesses tell House panel incentives needed to promote access, 689
– Climate change

– – Federal assistance for surface transportation projects

See LEGISLATION, FEDERAL, HR 1329, S 575

– – Fuel surcharge, price floor could help Cal. reduce GHG emissions, economist says, 193
– – GHG emissions reduction

– – – Association offers solutions on website, 1832
– – – Policy measures could result in 24 percent decrease if implemented wholesale, study finds, 1832

– – Incentives needed to promote access to alternative modes, green infrastructure development, groups tell House panel, 689
– – Lawmakers, advocates reluctant to link issues to federal bill, CARB chair tells conference, 167
– – Outlook 2009, SplRpt (1/16/09) S–52
– – Reauthorization of SAFETEA-LU, Congress urged to include incentives to reduce GHG emissions, 224; further action, see LEGISLATION, FEDERAL, S 1036

– Compact land development would reduce GHG emissions, Nat'l Acad. Scis. panel says, 2113
– Conformity with air quality standards, EPA proposal updates particulate, hot spot analysis requirements, 1157; comment period extension, In Brief, 1352
– Economic stimulus

– – Guidelines for agencies receiving funds, House panel issues guidelines, 706
– – Secretary defends spending before House panel, 1855

– Environmental impact assessments, Cal. legislature approves budget waiving requirements for some projects, 454
– Highway and transit projects, agencies amend rules to codify new environmental review process, 712
– Low-carbon fuels

See ALTERNATIVE ENERGY

– Mass transit

See MASS TRANSIT

– Motor vehicle emissions

See VEHICLE EMISSIONS

– Motor vehicles

See MOTOR VEHICLES

– Outlook 2009, SplRpt (1/16/09) S–52
– Railroads

See RAILROADS

– SAFETEA-LU reauthorization

See SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION EQUITY ACT (SAFETEA-LU)

– Ships

See SHIPS AND SHIPPING

– Sustainable communities, officials announce partnership to lower costs, expand options, 690; EPA, HUD, DOT launch partnership, 1459; Obama announces selection of communities in 4 states to receive technical assistance, 2255
– Trains

See RAILROADS

TRANSPORTATION DEPARTMENT (DOT)

– Appropriations

See LEGISLATION, FEDERAL, HR 3288

– Budget and Programs Office, Obama intends to nominate Bertram as assistant secretary, 1655
– Chief financial officer, Obama intends to nominate Bertram, 1655
– Surface Transportation Bd., Obama intends to nominate Elliott as chairman, 1655

TRESPASS

– Cotton grower awarded $8.5M due to contaminated groundwater (Cal. Super. Ct.), 1524
– Groundwater contamination

– – Inability to develop property due to landfill cognizable injury, claims may proceed (N.D. Cal.), 2064
– – Monitoring under access order not trespassing (D. N.J.), 790

– Oil well plugged decades ago, pollution not continuing tort (5th Cir.), 1716

TRI

See TOXICS RELEASE INVENTORY (TRI)

TRICHLOROETHYLENE (79-01-6)

– Camp Lejeune contamination

See NORTH CAROLINA

– Foster Wheeler Energy Corp./Church Road TCE, EPA proposes NPL listing, 823
– Misrepresentation of historic use, default judgment entered against company (S.D. Ind.), 1506

TRUCKS

– Diesel-powered vehicles

See generally DIESEL ENGINES

– Fuel efficiency and emissions control grants, Colo. governor signs bill, 1464
– Heavy-duty engines, Cal. revises onboard diagnostics rule, 1322

TRUSTS

– Carbon sequestration, liability

See LEGISLATION, FEDERAL, S 1502

– Chesapeake and Atlantic Coastal Bays 2010 Trust Fund, Md. reduces to $8M, 1862
– Drinking water infrastructure

– – Federal tax support

See LEGISLATION, FEDERAL, HR 3202

– – GAO report explores options, obstacles, 1571

– Farmland conversion inventory, In Brief, 298
– Great Lakes, Obama administration supports establishment, Jackson tells conference, 435
– Natural resource protection, Iowa bill, In Brief, 403
– Nuclear plant decommissioning, NRC asks operators to ensure adequate funds, 1503
– State revolving funds, Blumenauer (D-Or) tells conference bill to establish planned, 941
– Superfund

– – Bankruptcies, Blumenauer (D-Or) says reauthorization needed to respond to polluters trying to shirk responsibility, 1641
– – Budget, FY2010 plan assumes reinstatement, oil industry objects, 489
– – Climate change impacts exacerbating hazards, advocates say calling for reinstatement of tax, 702
– – Funding, EPA does not provide adequate information for Congress to predict program's needs, GAO reports, 2007
– – Outlook 2009, SplRpt (1/16/09) S–19
– – Polluter pays tax reauthorization

See LEGISLATION, FEDERAL, HR 832

TURBINES

– Natural gas turbine efficiency

See LEGISLATION, FEDERAL, HR 3029

TVA

See TENNESSEE VALLEY AUTHORITY (TVA)