EnviroNotes

U.S. EPA Approves IDEM Enforcement Program Changes
EPA Proposes Rule for GHG Emissioins Reporting
U.S. EPA Upholds State's Decision Not to Include Compliance Schedule in Title V Permit
U.S. Supreme Court Limits Superfund Liabiity
Montana Jury Acquits W.R. Grace & Co. and Three Former Officials of Criminal Charges for Violations of the Clean Air Act

U.S. EPA Pushes Back Effective Date of SPCC Rule Changes
U.S. EPA Proposes Changes to Condensable Particulate Matter Test Methods
U.S. Appeals Court Strikes Down PM 2.5 Standards
U.S. EPA Proposes Performance Specifications and Quality Assurance Requirements for Continuous Parameter Monitoring Systems at Stationary Sources Environmental Appeals Board Rejects Sierra Club's PSD Increment Analysis Argument
IDEM Office of Land Quality to Adopt Drilling Procedures and Monitoring Well Construction Guidelines

U.S. EPA Approves Alternative Approach for Conducting All Appropriate Inquiry for Purchase of Large Rural and Agricultural Properties
U.S. EPA "Clarifies" its NSR Aggregation Policy
EPA Delays Effective Date of SPCC Rule Changes
IDEM Plans Technical Workgroup Meetings for RISC Technical Guide Revision
EPA Objections to Air Permits for Big Stone Power Plant Project Focuses on Lack of BACT Limits for Start-up. Shutdown and Malfunction Emissions and Inadequate Netting Procedure

Indiana Supreme Court Overturns $16.4 Million Judgment Against IDEM
Environmental Appeals Board Punts on NSR Regulation of Carbon Dioxide
U.S. EPA Publishes Final Rule Easing Regulatory Burden on Hazardous Secondary Materials Recyclers
U.S. EPA Issues Long-Awaited Revised CAFO Rule
IDEM Eliminates Office of Enforcement
Inflation Pushes Civil Penalties Higher

New ASTM Standard Aids Assessment of Vapor Intrusion Risks
IDEM Proposes Emergency Rules to Fill the Void Left By CAIR’s Vacation
U.S. EPA Misses Deadlines to Propose Greenhouse Gas Reporting Rule
New Short-Form Annual Compliance Certification Eases Administrative Burden for Air Permit Holders
IDEM Moving Ahead With RISC Rulemaking

U.S. EPA Sweetens Incentives for New Owners to Self-Disclose Violations
Industry Position on Routine Maintenance, Repair and Replacement Adopted in NSR Enforcement Case
Indiana Supreme Court Addresses Statute of Limitations for Certain Environmental Causes of Action
IDEM Seeks Comments on Revisions to Annual Compliance Certification Non-Rule Policy Document
U.S. Army Corps of Engineers Guidance Restores Flexibility to Section 404 Wetland Permitting Process
U.S. EPA Seeks Comments on Regulation of Greenhouse Gases

EPA's New PM2.5 Implementation Rule
States, Cities Challenge U.S. EPA Revised Ozone Standards
First-ever Jury Verdict in Clean Air Act
Cap-and-Trade Bill Dies in Senate, Introduced in House
Compensatory Mitigation Rules Adopted for Corps of Engineers Permits

Federal Appeals Board's NPDES Permit Decision May Effect Indiana CSO Communities
Federal Court Rules That Statue of LImitations Bars CERCLA ClaimsAgainst Dissolved Corporation
U.S EPA Tightenes 8-Hour Ozone Standard
IDEM Unveils Draft Revisions to Supplemental Environmental Projects Policy

EPA Proposes Exemption for Reporting Releases From Farm Animal Wastes
U.S. EPA Issues Final Rule Clarifying 2002 NSR Reform Rule’s Reasonable Possibility Standard
Proposed Sulfate Water Quality Standard
Preponderance of Courts of Appeal Find Significant Nexus is the Controlling Rule of the Rapanos Case for Identifying Waters
Indiana Appeals Court Reverses $16 Million Judgment Against IDEM

U.S. EPA Proposes New Revisions to Streamline SPCC Rules
U.S. EPA Proposes Flexible Air Permitting Rule
U.S. EPA Approves Ozone Attainment for Central Indiana Counties
U.S. EPA Announces 2008-2010 Enforcement Priorities
U.S. EPA Calls AEP $4.6 Billion Settlement Largest in Environmental Enforcement History
Air Board Adopts Indiana Mercury Emissions Rule
IDEM Uses Kaizen Principles to Revamp Air Permitting Procedures
Indianapolis Launches Central Indiana Clean Air Partnership to Improve Central Indiana Air Quality
IDEM Issues New RISC Guidance on Non-Default Closures

U.S. EPA Proposes Redesignation of Nine Central Indiana Counties to Attainment for Ozone Standard
Indiana Water Pollution Control Board Preliminarily Adopts Proposed Rule Amending Compliance Requirements
Indiana Court of Appeals Finds There is No Coverage Under General Liability Policies for Costs to Defend Order By IDEM to Apply
IDEM Seeks Comments on Plan to Overhaul Air Permit Rules
IDEM Updates Risk Integrated System of Closure Users' Guide
U.S. EPA and IDEM Extend Confined Animal Feeding Operations Deadlines

U.S. Supreme Court Finds Carbon Dioxide and Other Greenhouse Gases Are Clean Air Act Pollutants
Participation in a Voluntary State Cleanup Program may not resolve CERCLA Liability
U.S. EPA Proposes Redesignation of Three Indiana Counties to Attainment for Ozone Standard

U.S. EPA Moves to Reverse “Once In, Always In” Policy for MACT Standards
TMDLs – Recent EPA Guidance on Setting “Daily” Load Limits
Indiana Office of Environmental Adjudication Rules Preventative Maintenance Plans Required for Emission Units
New Tool Makes Finding RISC Closure Criteria Easy
IDEM Proposes Ten-Year Renewal Terms for FESOPs and MSOPs

IDEM Proposes Nonrule Policy Documents on Certain Wetlands Actions
SPCC Plan Requirements Eased for Small Facilities
EPA Finalizes its Interpretation of Title V Monitoring Requirements
New EPA Criminal Investigator Joins Indianapolis Office
DOJ Revises Policy to Seek Waiver of Attorney-Client Privilege in Criminal Investigations of Businesses
Air Pollution Control Board Adopts Rules to Implement CAIR
U.S. EPA Increases Public Access to Agency Documents On Web Site
Bob Keene to Lead IDEM Office of Legal Counsel

Mapping Recent IDEM Personnel Changes
U.S. EPA Tightens Fine Particle Standard
U.S. EPA Proposes Revisions to Major New Source Review Regulations
IDEM Releases 303(d) Impaired Waterbodies List
IDEM Proposes to Increase Title V Annual Operating Fees

U.S. EPA Proposes 70% Reduction in Degreaser Emissions
U.S. EPA Excludes Recycled CRTs From Hazardous Waste Regulations
IDEM Issues New Guidance on Isolated Wetland Activities

U.S. EPA No Longer Requires Adherance to Startup, Shutdown and Malfunction Plans
Environmental Stewardship Program Will Reward Participating Businesses

Vapor Intrusion: Businesses Should Beware Exposure Risk
Ozone Nonattainment Designations to be Removed for Several Indiana Counties
Federal Boiler MACT Revised; IDEM Drops Extra Measures

U.S. EPA Grants Extension of Feb. 2006 Deadline for Spill Prevention, Control and Countermeasure Plans
U.S. EPA Approves IDEM’s Streamlined Mercury Variance
IDEM Seeks Comments on E-Waste Rule

U.S. EPA Seeks Extension of Feb. 2006 Deadline for Spill Prevention, Control and Countermeasure Plans
IDEM Seeks Comments on Draft Rule Regulating Solvent Degreasers in Central Indiana
IDEM Seeks Comments on Revised RISC Guidance