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Consistency Conflicts and Federalism Choice: Marine Spatial Planning Beyond the States' Territorial Seas
Offshore areas are under pressure to industrialize for renewable energy. To plan for offshore wind development, Rhode Island engaged in a marine spatial planning process that resulted in the Ocean Special Area Management Plan (O-SAMP), a regulatory invention of the Coastal Zone Management Act. Notably, the Rhode Island O-SAMP maps and plans for uses in federal waters beyond the three-mile line dividing state and fedeal jurisdiction, as well as within the state's territorial sea, posing a challenge to the boundaries of offshore federalism.
76 FR 19003
EPA proposed to issue a site-specific treatment variance for selenium to U.S. Ecology Nevada in Beatty, Nevada, and to withdraw one for Chemical Waste Management, Inc. in Kettleman Hills, California; see above for direct final rule.
76 FR 22324
DOE proposed to amend energy conservation standards for residential clothes dryers and room air conditioners; see above for direct final rule.
75 FR 78231
DOE seeks public comment on a draft document, Guidance for the Implementation and Follow-Up of Identified Energy and Water Efficiency Measures in Covered Facilities.
76 FR 9610
United States v. Ampersand Chowchilla Biomass, LLC, No. 1:11-cv-00242 (E.D. Cal. Feb. 14, 2011). A settling CAA defendant responsible for violations at its biomass electric-generating facilities in Madera, California, must pay a $343,000 civil penalty to the United States and the San Joaquin Valley unified air pollution control district, must install additional emissions monitoring equipment, and must comply with permit conditions over a two-year period or face stipulated penalties.
76 FR 9609
United States v. Merced Power LLC, No. 1:11-cv-00241 (E.D. Cal. Feb. 14, 2011). A settling CAA defendant responsible for violations at its biomass electric-generating facilities in Merced, California, must pay a $492,000 civil penalty to the United States and the San Joaquin Valley unified air pollution control district, must install additional emissions monitoring equipment, and must comply with permit conditions over a two-year period or face stipulated penalties
76 FR 5609
United States v. HOVENSA L.L.C., No. 1:11-cv-6 (D.V.I. Jan. 26, 2011). A settling CAA defendant responsible for violations at its petroleum refinery in St. Croix, U.S. Virgin Islands, must pay civil penalties and must perform injunctive relief to reduce emissions at the facility.
76 FR 9590
FWS announced the availability of draft guidelines on wind energy that would supersede the 2003 voluntary, interim guidelines.