Environment Reporter: Current Developments Index-Summary

DAIRIES

– GHGs, U.N. report on role in generating, 997
– Irrigation with wastewater, injunction granted (Mich. Cir. Ct.), 2426
– Spill prevention, control, and countermeasure requirements, milk container exemption, 1367
– Wastewater lagoon overflow onto timber company property (S.D. Ala.), 2805
– Water violations, settlement (Wis. Cir. Ct.), 512

DAMS

– Coal ash impoundments

See generally COAL ASH

– Hydroelectric power generation

See HYDROELECTRIC POWER

– Salmon protections

See generally SALMON

– Snake River, ACE road map for breaching dams to protect salmon, 800

DAVIS-BACON ACT

– Energy efficiency, impact on DOE home weatherization program, 670
– Water infrastructure project funding through SFRs, prevailing wage requirement clarification sought, 172; Senate Republicans request clarification, 690; further action, see LEGISLATION, FEDERAL, S 1005

DEFENSE DEPARTMENT (DOD)

– Climate change impacts, strategy outlook, 268
– FY2010 appropriations

See LEGISLATION, FEDERAL, HR 3326

– FY2011 authorization bill

See LEGISLATION, FEDERAL, S 3454

– Naval fleets powered by low-emission fuels, Navy-USDA MOU on development, 209
– Renewable energy, GAO on long-term plan needs to meet goal, 208

DEHP

– Di(2-ethylhexyl)phthalate (117-81-7)

See DI(2-ETHYLHEXYL)PHTHALATE (117-81-7)

DELAWARE

– Electricity metering, governor signs bill, 1730
– Power plant NOx emissions allocations, release of data, 1455
– Renewable energy standard, proposed 2029 target, 637; governor signs bill setting 2025 target, 1730
– Solar energy generation, governor signs bill, 1730
– Superfund

– – NPL, additions and deletions, 2364
– – Wildcat Landfill, petroleum monitoring, 273

– USTs, gas station owner settles violations (D. Del.), 1763
– Wetlands jurisdiction, Rapanos decision tests enforceable (D. Del.), 2079
– Wind energy, offshore projects

– – Air permit authority delegation, 1729
– – Bluewater Mid-Atlantic Wind Farm, request for interest, 892

DELIVERY SERVICES

– Postal industry, global CO2 reduction commitment, 2458

DENTISTS

– Mercury in fillings, EPA considering effluent guidelines, 1250; proposed rulemaking plans, 2202

DEVELOPING COUNTRIES

– Biodiversity protection, pledges of support, 2472
– Climate change adaptation fund

– – Administration commitment to contribution, 1695
– – Cancun talks, progress possible, 2129
– – Fast-track pledge, EU, 2682
– – Formal aid pledges, EU on submission, 1759
– – Revenue options, advisory group recommendations, 1297; consideration of private revenue sources, 1640
– – Tianjin talks, commitment of wealthy nations crucial, 2184
– – U.N. advisers on reaching funding goal, 2517
– – World Bank administration, U.S. shift in position, 1295

– Electronic waste, EPA push for bill limiting exports, 1307; GAO recommendations to EPA, 1827
– IMF green fund to assist transition to lower carbon energy sources, proposal, 270

DHS

See HOMELAND SECURITY DEPARTMENT (DHS)

DIESEL ENGINES

– Cal. clean technology development grants, 1912
– Compression ignition internal combustion engine NSPS, EPA proposed revisions, 1285; comment period extension, 1816; state regulators on impact of diesel exemption, 2053
– Emissions reduction grants

– – Outlook 2010, SplRpt (1/22/10) S–6
– – Reauthorization

See LEGISLATION, FEDERAL, S 3973

– – Senate jobs bill funding, 151

– Heavy-duty engines

– – Aftertreatment, settlement of noncompliance charges (D.D.C.), 407
– – Emissions reduction progress as validation of EPA rulemaking process, 2350
– – Selective catalytic reduction systems guidance (D.C. Cir.), 977; request for dismissal, 1871; EPA preparation of guidance, 2350

– Locomotives

– – Air quality, Chicago-area rail stations, 2503
– – Idling, consent decree (D. Mass.), 1789
– – Interstate commerce laws preempt SCAQMD rules (9th Cir.), 2156
– – Petition to regulate black carbon, GHG emissions, 2117

– Marine engines

– – Exemption from IMO emissions standards for steamships, 7
– – NOx emissions

– – – Final EPA rule consistent with MARPOL Convention, 6
– – – Small refiners challenge EPA standard (D.C. Cir.), 1506

– Off-road equipment

– – Cal. compliance deadline postponement, 391; industry request for delay until 2015, 634; agreement sets deadline of 2014, 2334
– – Emissions data revision due to overestimation, 2033; proposed relaxation of regulations, 2269

– Port emissions control

– – Harbor craft, Cal. engine replacement rules, 1478
– – Long Beach clean trucks program settlement, challenge (Cal. Super. Ct.), 87
– – N.Y. and N.J. Port Authority, clean air plan, 529
– – Port of Los Angeles, driver employment by trucking company

– – – Criticism of bill, 982
– – – Plan upheld (C.D. Cal.), 2032; injunction pending appeal, 2399

– – San Pedro Bay Ports Clean Air Action Plan, proposed update, 855

– Stationary reciprocating internal combustion engine NESHAP

– – Final rule, 405; publication, 463; final standards, 1869
– – Industry challenges, 6 lawsuits (D.C. Cir.), 2399; EPA reconsideration, 2730; public meeting scheduled, 2840

– Trucks and construction equipment, Cal. air board relaxes rules, 956; implementation delay, 2873

DI(2-ETHYLHEXYL)PHTHALATE (117-81-7)

– Bottled water, comment period on proposed standard, 795

DIOXINS

– Dow Chem. contamination of Tittabawassee River, Saginaw River and Bay, and area floodplains, consent order for cleanup, 164
– Outlook 2010, SplRpt (1/22/10) S–22
– Soil contamination, proposed cleanup levels, 71; comments on preliminary remediation goals, 786; OMB review, 1827
– Waste disposal, remand of personal injury suit to state court (S.D. W.Va.), 2257
– Waste-to-energy plant, excess emissions (Conn. Super. Ct.), 1906

DISCHARGE PERMITS

– Abandoned mines, W.Va. reclamation activities (4th Cir.), 2521
– Alaska, transfer of authority (9th Cir.), 2528
– Beef processing, settlement of state, federal violations (E.D. Pa.), 1429
– Blackstone Water Pollution Abatement District, challenge (1st Cir.), 2204
– Blending, request for policy clarification, Special Report, 705
– CAFOs

See CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs)

– Chemical use to control, Wash. proposed general permit, 1088
– City of Stockton, Cal., settlement of violations, 392
– Coal-fired power plants, petition for review of Bull Run power plant permit, 2466
– Coke production, EPA order to stop cyanide discharges at Tonawanda Coke plant, 2015
– Cooling water intake systems

See COOLING WATER INTAKE STRUCTURES

– Cruise ships, Alaska general permit, 955; rejection of petition challenging, 1787
– Dairy irrigation with wastewater, injunction granted (Mich. Cir. Ct.), 2426
– Electronic reporting, EPA request for comments, 1530; progress on proposed rule, 2078
– Expired permits, Tex. to reissue, 2769
– Incidental discharges from commercial vessels, moratorium extension

See LEGISLATION, FEDERAL, HR 5301, S 3372

– Indiana water pollution control program, petition to correct flaws, 33
– Iron-ore recovery, settlement of CWA violations at Mo. site, 624
– Limestone quarry water pollution abatement plan approval, challenge (Tex. App.), 91
– Mines and mining, challenge of Red Dog Mine expansion permit, 423; EPA withdrawal of five contested permit components, 789
– Mountaintop mining

See MOUNTAINTOP MINING

– Oil exploration, Shell Beaufort Sea plan application, 408; suspension of permits, governor objects, 1252
– Pesticide application near U.S. waters, status of general permit, 494; release of draft permit, 1249
– Phosphorus limits for Ark. wastewater plant, EPA disclosure of documents, 221
– Sanitary sewers, EPA proposal, 1245; zero-discharge goal discussion at listening session, 1584; survey results on reporting, recordkeeping, and notification requirements, 1586; municipalities support of rules, flexibility, 1887; clean water strategy, EPA draft, 1943; industry on blending during heavy rains, 1944
– Seafood processing

– – Catcher-processor vessel, settlement of violations in Alaskan waters, 1532
– – Operation without permit, settlement, 2476

– Sewer system upgrades to settle violations (M.D. Pa.), 1429
– Small commercial vessel discharges, impact on water quality, 558
– State memoranda of agreement, recommendation to update, 2139
– Stormwater runoff

See STORMWATER

– Surface coal mining

– – Citizen suit against Powellton Coal (S.D. W.Va.), 379
– – Coalition cites Massey Energy violations in W.Va., 116; lawsuit filed (S.D. W.Va.), 944
– – Ky. issuance, EPA objections, 2335

– Surface mining, narrative water quality standards

– – Impact analysis, EPA advisers on, 2253
– – W.Va. guidance, 1911

– Test methods

– – Approved methods list, proposed rule, 2197
– – Sufficiently sensitive analytical methods, EPA proposal, 1471

– Total dissolved solids, Pa. revised proposal, 864; environmental board approval, 1151; proposal awaits finalization, 1792
– Unitary waters theory, Lake Okeechobee

– – Environmental groups suit (U.S., rev sought), 1890; (rev den), 2691
– – Miccosukee Tribe petition (U.S., rev sought), 2016; (rev den), 2691

– Valley fill minimization

See MOUNTAINTOP MINING

DISCLOSURE

– Attorney-client privilege bars disclosure of defense agreement (Or. Ct. App.), 2543
– Incomplete disclosure of contaminants, fraud claim by property buyer (W.D.N.C.), 2803
– Investor risks

See INVESTMENTS

– Voluntary disclosure, penalties for aluminum company violations, 284

DISPUTE RESOLUTION

– ARRA-funded UST cleanups, abbreviated process, 1524

DISTRICT OF COLUMBIA

– Chesapeake Bay watershed issues

See CHESAPEAKE BAY

– Drinking water, criticism of CDC report on lead levels, 1193
– Power plant NOx emissions allocations, release of data, 1455
– Stormwater, federal agency refusal to pay impervious surface fee, 960; water association on assessment of local fees on U.S. property, 1010; GAO on fee as tax, 2222
– Transportation and Climate Initiative, agreement to reduce GHG emissions from mobile sources, 1404

DOI

See INTERIOR DEPARTMENT (DOI)

DOJ

See JUSTICE DEPARTMENT (DOJ)

DOMINICAN REPUBLIC

– Asbestos training certification fraud, arrest of woman wanted in U.S., 2472

DREDGING AND FILLING

– Discharge of fill material into river, pollution exclusion (10th Cir.), 2479
– Disposal site for dredged materials in Guam, request for comments, 845
– Hudson River PCB contamination

– – Drinking water

– – – Alternative source, EPA to cover costs, 942
– – – Litigation of damages before liability, denial of motion (N.D.N.Y.), 2361

– – Phase I problems, 216; progress report, 548; resuspension of pollutants, 1003
– – Phase II, substantive changes recommendation, 1881; interim plan, GE proposal, 2074; GE plans to move ahead, 2854
– – Unilateral administrative orders violate due process, GE argument (D.C. Cir.), 1131; no denial of due process, EPA authority upheld, 1464

– Logging, fine for permit violation (S.D. Ga.), 753
– Navigable waters, ACE authority over upland ditches (D.D.C.), 750
– Road construction, Alaska, contractors settle violations (D. Alaska), 1319
– Sand and gravel in offshore waters, release of EIAs on 3 projects, 224
– Superfund liability, permit issuance does not confer liability as operator or arranger (W.D. Wash.), 2801
– Wetlands

See generally WETLANDS

DRINKING WATER

– Arsenic

See Inorganic arsenic, this heading

– Atrazine, studies reach differing conclusions, 1076
– Bottled water, comment period on proposed DEHP standard, 795
– Camp Lejeune VOC contamination

– – Navy funding of health studies, 432
– – Occurrence, report, 2417
– – Personal injury, rejection of motion to dismiss (E.D. N.C.), 493; latent disease exception to statute of repose, 2579

– Coal ash leachate contamination, report, 2138
– Coal-bed methane stimulation, Wyo. company seeks exemption, 1327
– Coliform bacteria, assumptions in rule revision, 686; EPA hears views on rule, guidance, 1075; proposal to use E. coli standard, 1366; proposed rule, 1591; preparation of draft guidance, 1766; technical discussions on detection scheduled, 1892
– Community systems, capital investment needs survey, 2080
– Contaminant grouping

– – Near-term regulation, candidates, 2751
– – Possible strategies, 2140; scientific perspectives sought, 2200

– Disinfection waivers, Colo. requirements, 1847
– Endocrine disruptor screening program

See LEGISLATION, FEDERAL, HR 5320

– Falsification of sample data, indictment of mayor, city official (W.D. Mo.), 913; former superintendent guilty plea, 1961
– Hazardous waste, bankruptcy petitions filed to avoid liability (3d Cir.), 17
– Hexavalent chromium, case for stricter regulation, 2858
– Hudson River PCB dredging project

– – Alternative source, EPA to cover costs, 942
– – Litigation of damages before liability, denial of motion (N.D.N.Y.), 2361

– Hydraulic fracturing, natural gas drilling

See INJECTION WELLS

– Infrastructure

– – Cal. governor request to delay bond measure, 1545; removal from Nov. ballot, 1847
– – Canada manufacturer concerns over ARRA Buy American provisions, 1473

– Inorganic arsenic

– – Outlook 2010, SplRpt (1/22/10) S–30
– – Risk assessment, 429; industry seeks broader analysis, more time to comment, 622; science advisors' support of draft, 794; selection of data and studies used by EPA, Special Report, 808; industry requests formal correction of information, 1371; science advisory group recommendations, 2416; scientific advisory group conditional approval of review, 2636

– Lead

– – District of Columbia, criticism of CDC report, 1193
– – Schools and day-care centers, pilot program to test water quality, 951

– MTBE contamination

– – Plaintiff request for access to raw data from study granted (S.D.N.Y.), 1946
– – Product liability claims settlement (S.D.N.Y.), 1765

– Nutrient pollution, report, 2203
– Outlook 2010, SplRpt (1/22/10) S–30; SplRpt (1/22/10) S–30
– Perchlorate

See PERCHLORATE IN DRINKING WATER

– Perchloroethylene, elevated cancer risks in Ill. town, 571
– PFOA contamination, N.J. resident class nuisance claims (3d Cir.), 75
– Pharmaceutical discharges

– – Guidance for medical professionals, draft, 2014
– – Maine mail-back program, successes, 1148
– – New York City water supply protection, 135

– Primary standards, candidates for revisions under 6-year review, 685; comment period, 752
– Public health goals, 3 contaminants, 2157
– Puerto Rico plant upgrades, consent decree (D.P.R.), 1012
– Regulatory strategy, Jackson on change, 685
– Rural system violations, Alaska, 1846
– Security

– – Anti-terrorism, bill

See LEGISLATION, FEDERAL, S 3598

– – Chlorine, treatment facilities' substitution with safer chemicals, 489
– – Congressional action on reauthorization, coalition on passage prior to expiration, 692
– – Inherently safety technology, DHS inclusion in reauthorization, 496

– Source water quality, USGS report, 1192
– State revolving funds

See also STATE REVOLVING FUNDS (SRFs)
– – ARRA deadline compliance, 22
– – Funding increase, hearing on bill, 1074; further action, see LEGISLATION, FEDERAL, HR 5320

– Stormwater drainage into dry wells, impact on water quality, 381
– Surface water treatment, Portland open reservoirs, 186
– Testing, approval of 12 alternate methods, 1313
– Underground injection control

See INJECTION WELLS

DRUGS AND PHARMACEUTICALS

– Disposal, study

See LEGISLATION, FEDERAL, HR 5809

– Handling of unused pharmaceuticals, draft guidance for medical professionals, 2014
– Hazardous waste abandonment, former maker pleads guilty (Md. Cir. Ct.), 1479
– Hospital discharges, New York City drinking water supply, 135
– Maine mail-back program, successes, 1148
– Production NESHAP, minor revisions, 2110; proposed rule, 2402
– Take-back programs

See LEGISLATION, FEDERAL, S 3397

– Wastewater discharges, settlement of Conn. violations, 2704

DRY CLEANERS

– Perchloroethylene use

See PERCHLOROETHYLENE (127-18-4)

DUE DILIGENCE

– Brownfields, comments on inquiry rule, 614
– Carbon footprint and energy use component, 899
– Vapor intrusion, ASTM standard, 895; encroachment screening, revised standard, 942

DUMPING

– Construction debris, Ill. recovery of cleanup costs, 2704
– Mass., hidden camera use for enforcement, 2379
– Superfund site, circumstantial evidence insufficient to establish arranger liability (N.D.N.Y.), 2802
– W.Va., reduction, 1796

DUST

– Emissions

See PARTICULATE MATTER