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Environment Update

November 17, 2000
Volume I, No. 4b

Water Quality Standards for Indian Country
In late December, 2000 the U.S. Environmental Protection Agency (EPA) will release a proposed rule to establish Federal core water quality standards for waters in Indian country that currently do not have standards in effect under the Clean Water Act. EPA stated that having core standards in place would facilitate its ability to take regulatory actions to protect water quality where existing controls may not be sufficient-state water quality standards do not apply to tribal lands. As of August 2000, less than 20 of the 560 federally recognized tribes had established their own standards, as required under a 1991 EPA regulation. Based on conversations between NCSL staff and EPA officials, the proposed rule does not establish a formal means of communication between the EPA and states regarding the EPA's activities in Indian country.

Mercury from Coal Fired Power Plants
Mercury is the last major toxic substance without an emissions control plan. By December 15, 2000, EPA will announce its decision on whether to regulate mercury emissions from coal-fired power plants-the largest domestic source of the pollutant. The EPA's decision will be discussed during NCSL's AFI/ASI meeting in Washington, DC, December 13-15. For more information go to www.ncsl.org/statefed/evagdec.htm.

Concentrated Animal Feeding Operations
By December 15, 2000, EPA will release new rules to revise the National Pollution Discharge Elimination System (NPDES) regulation for Concentrated Animal Feeding Operations (CAFOs) and the Effluent Limitations Guideline for Feedlots. Draft rules that were shared with NCSL staff earlier this year would significantly limit state flexibility in administering environmental programs directed at CAFOs. The rules would, for the first time, expand effluent limitations to cover land application of manure, include dry poultry operations and stand-alone immature animal operations and require permit nutrient plants similar to Comprehensive Nutrient Management Plans called for in the Joint USDA/EPAUnified Strategy. Among the many other prescriptive requirements of the rules, EPA would require facilities defined as a CAFO to apply for a permit.

AFI/ASI Joint Winter Meeting
The Joint Winter Meeting will be held December 13 - 15, 2000 in Washington, D.C. The AFI Environment Committee will have sessions on the following topics:

• Environmental Federalism for the 21^st Century
• The Impact of the Recent Federal Election on Environment Issues
• Mercury in the Environment
• Today's Family Farm, Tomorrow's Concentrated Animal Feeding Operation (CAFO)?
• How Much Power Is Congress Allowed to Delegate to EPA? - An Overview of EPA v. American Trucking Association, Inc

The pre-registration deadline is December 1 but you may also register on site. For more information on the meeting please visit our web site at www.ncsl.org/public/afiasi00.htm. More details on the AFI Environment committee's agenda can be found at www.ncsl.org/statefed/evagdec.htm.

NCSL Contacts:

Molly Stauffer
Committee Director
(202) 624-3584

Laurie Holmes
Staff Assistant
(202) 624-8695