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Water

EPA TO ISSUE NEW GUIDANCE GOVERNING WATER PERMITS FOR PESTICIDE USERS

EPA is preparing to release a new guidance document addressing whether aerial pesticide applications that impact waterbodies will face Clean Water Act (CWA) permitting requirements to replace existing interim guidance exempting many pesticide users from the water permit program, agency officials say.

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FARM'S PACT TO HALT AERIAL SPRAYING DELAYS WATER PERMIT PRECEDENT

A major New England fruit farm appears to have delayed, for now, a potential precedent requiring agricultural operations to obtain Clean Water Act (CWA) permits for aerial pesticide spraying by dropping plans for any aerial spraying and instead relying on ground spraying -- which does not require a permit.

However, agriculture industry officials say they still expect environmentalists to bring suit against the industry to expand a precedent that has already been set in several federal appellate rulings for aerial spraying in forestry, irrigation and pest control operations.

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STUDY DOUBTS CLEAN WATER EFFECT OF FUTURE ACID RAIN REGULATIONS

A preliminary EPA-New York state analysis downplays the likelihood that EPA's pending clean air interstate rule or other stringent future air emissions requirements will reduce high acidity levels in some Northeast impaired waters without additional acid neutralizing measures, agency sources say.

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FLORIDA TMDL RULING MAY BOOST EPA SCRUTINY OF STATE IMPAIRED WATER LISTS

A recent appellate ruling requiring additional lower court scrutiny of Florida's methodologies for listing impaired waters could bolster EPA scrutiny of proposed state lists of impaired waters and force other states with similar methodologies to change their rules for determining whether waterbodies are impaired, environmentalists say.

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BUILDERS QUESTION ACTIVISTS' STANDING TO CHALLENGE CONSTRUCTION PERMITS

Construction industry groups intervening on behalf of EPA are arguing that environmentalists challenging the agency's stormwater general permit for construction sites do not have standing in federal court because they cannot prove any injury resulting from the permit.

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GROUP DRAFTS EMS TO MEET NEW DEMAND FOR CERTIFIED BUILDERS

In consultation with EPA, the construction industry has developed a first-time guide to help builders adopt pollution-reducing business plans, known as environmental management systems (EMSs), which EPA and industry sources say could result in improved public perception and increased compliance with environmental regulations.

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EPA SEEKS STATE TALKS TO PRESERVE OVERFILING RIGHTS ON CSO ORDERS

EPA has asked states to join a workgroup that would consider whether states should file combined sewer overflow (CSO) consent decrees in federal court, rather than state court, in order to preserve the agency's ability to overfile in the event state enforcement is inadequate, EPA enforcement chief Tom Skinner said at a meeting in Oklahoma City earlier this month.

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DOD, CAL/EPA AGREE TO PROTOCOL TO PRIORITIZE PERCHLORATE SAMPLING

The Defense Department (DOD) and California Environmental Protection Agency (Cal/EPA) have reached agreement on a protocol prioritizing sampling for the drinking water contaminant perchlorate at DOD facilities throughout California, the state and DOD say. The protocol is the first of its kind in the country and stems from a federal-state workgroup formed in 2003 to further address military-caused perchlorate contamination in the state.

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EPA To Issue New Guidance Governing Water Permits For Pesticide Users

EPA is preparing to release a new guidance document addressing whether aerial pesticide applications that impact waterbodies will face Clean Water Act (CWA) permitting requirements to replace existing interim guidance exempting many pesticide users from the water permit program, agency officials say.

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Court Rejection Of EPA Mining Rule Leaves Industry In Legal Limbo

A recent court decision invalidating an EPA rule easing Clean Water Act (CWA) water-discharge requirements for companies that remine once-abandoned coal mines leaves the industry in legal limbo, an industry official says, because it also criticizes case-by-case permitting that could be required until the agency issues a new rule.

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