Guidance on Improving EPA Review of Appalachian Surface Coal Mining Operations under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order, 18500-18501 [2010-8303]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Notices]
[Pages 18500-18501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8303]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2010-0315; FRL-9136-4]


Guidance on Improving EPA Review of Appalachian Surface Coal 
Mining Operations under the Clean Water Act, National Environmental 
Policy Act, and the Environmental Justice Executive Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is soliciting public 
comment on the issues addressed in two EPA guidance memoranda released 
on April 1, 2010, titled Improving EPA Review of Appalachian Surface 
Coal Mining Operations under the Clean Water Act, National 
Environmental Policy Act, and the Environmental Justice Executive 
Order. Effective immediately, these memoranda--one labeled ``Summary 
Guidance'' and one labeled ``Detailed Guidance''--seek to clarify EPA's 
roles and expectations, in coordinating with its Federal and state 
partners, with regard to environmental review of Appalachian surface 
coal mining operations under the Clean Water Act, National 
Environmental Policy Act, and the Environmental Justice Executive Order 
(E.O. 12898).

DATES: Comments must be received on or before December 1, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2010-0315, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for reviewing comments.
     E-mail: OW-Docket@epa.gov.
     Mail: U.S. Environmental Protection Agency; EPA Docket 
Center (EPA/DC) Water Docket, MC 2822T; 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460.
     On Site: EPA Docket Center, 1301 Constitution Ave., NW., 
EPA West, Room 3334, Washington, DC 20460.
For additional information about EPA's public docket visit the EPA 
Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at the Office of Water 
Docket/EPA/DC, 1301 Constitution Ave., NW., EPA West, Room 3334, 
Washington, DC 20460. This Docket Facility is open from 8:30 a.m. until 
4:30 p.m., EST, Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Office of Water is (202) 566-2426.

FOR FURTHER INFORMATION CONTACT: Timothy Landers, U.S. EPA, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; (202) 566-2231; 
landers.timothy@epa.gov.

SUPPLEMENTARY INFORMATION: EPA's draft guidance on Improving EPA Review 
of Appalachian Surface Coal Mining Operations under the Clean Water 
Act, National Environmental Policy Act, and the Environmental Justice 
Executive Order clarifies how EPA is applying its existing legal 
authorities in its review of Appalachian surface coal mining 
operations. The guidance memoranda are available at https://www.epa.gov/owow/wetlands/guidance/mining.html. As such, these memoranda do not 
represent a regulation, and are not subject to the formal provisions of 
the Administrative Procedure Act. However, EPA recognizes the 
importance of this guidance to its Federal and state partners, to the 
regulated community, and to the public, and therefore seeks

[[Page 18501]]

public comment on the issues addressed in the two documents and on the 
guidance's implementation through this Federal Register notice. This 
public comment opportunity will be available until December 1, 2010.
    EPA has committed to determining whether any changes are required 
to the interim guidance by April 1, 2011 and issuing revised final 
guidance if necessary. EPA's evaluation of comments on this guidance 
will also be informed by the result of the SAB reviews of EPA's draft 
science reports, as discussed further below.
    EPA is committed to ensuring that its decisions are based on the 
best available science. To further this commitment, the guidance 
incorporates independently reviewed scientific information on the 
impacts of Appalachian surface coal mining on the aquatic environment. 
In addition to the existing peer-reviewed science outlined in the 
memoranda, EPA also references two draft reports produced by EPA's 
Office of Research and Development. The first draft report, The Effects 
of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the 
Central Appalachian Coalfields, assesses the state of the science on 
the environmental impacts of mountaintop mines and valley fills on 
streams in the Central Appalachian Coalfields. The second draft report, 
A Field-based Aquatic Life Benchmark for Conductivity in Central 
Appalachian Streams, adapts the standard U.S. EPA methodology for 
deriving ambient water quality criteria to field data, and derives 
benchmarks for dissolved salts as measured by conductivity in Central 
Appalachian streams using data from West Virginia and Kentucky. These 
scientific reports, publicly released on April 1 and described in a 
separate Federal Register notice also published today, are available 
for public comment for 60 days. The drafts can be accessed at https://www.epa.gov/ncea and are available for public comment through EPA 
Docket ID No. EPA-HQ-ORD-2009-0934. As outlined in that notice, 
comments provided on the two draft scientific reports will be forwarded 
to an expert panel convened by EPA's Science Advisory Board (SAB) in 
advance of the SAB's independent peer review of these reports during 
the summer of 2010.
    For purposes of this Federal Register notice, EPA in particular 
seeks comment on the following elements of its guidance memoranda, as 
well as on the implementation of this guidance between now and December 
1, 2010:
     Whether the guidance achieves its objective of providing 
further clarity and improved protection for the environment and human 
health through EPA's review of draft or proposed permits under Section 
402 of the Clean Water Act and permit applications under Section 404 of 
the Clean Water Act for Appalachian surface coal mining operations.
     Whether additional scientific information is available to 
inform EPA's authorities under the Clean Water Act, National 
Environmental Policy Act, and Environmental Justice Executive Order 
(E.O. 12898).
     Whether EPA's implementation of its guidance in reviewing 
state Section 402 permits and permit applications under Section 404 of 
the Clean Water Act has been effective in achieving the goals of 
providing additional clarity and enhanced environmental and human 
health protection.
     Whether there are additional examples of best practices in 
terms of mine design, site and materials management, or water treatment 
systems, consistent with the objectives of improved environmental 
protection, greater clarity, and the best-available science, that 
should be considered.
     Whether additional relevant and appropriate data, studies, 
knowledge of studies, or informal observations should be considered as 
part of EPA's application of best-available science and its authorities 
under the Clean Water Act, National Environmental Policy Act, and the 
Environmental Justice Executive Order (E.O. 12898), to Appalachian 
surface coal mining.
    The record will remain open for comment on the guidance until 
December 1, 2010. All public comments will be fully considered along 
with the results of the SAB review in reaching a decision on whether 
changes are required to the current guidance by April 1, 2011.

    Dated: April 6, 2010.
Peter S. Silva,
Assistant Administrator for Water.
    Dated: April 6, 2010.
Cynthia Giles,
Assistant Administrator for Enforcement and Compliance Assurance.
[FR Doc. 2010-8303 Filed 4-9-10; 8:45 am]
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