The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields and a Field-Based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams, 30393-30395 [2010-13072]
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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices
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Cabot Corporation has demonstrated, to
a reasonable degree of certainty, that
there will be no migration of hazardous
constituents out of the injection zone or
into an underground source of drinking
water (USDW) for at least 10,000 years.
This final decision allows the continued
underground injection by Cabot
Corporation of specific restricted wastes
from the silica production processes
(codes D002, F003, and F039 under 40
CFR part 261), into two Class I
hazardous waste injection wells
specifically identified as Injection Wells
No. 2 and No. 3 at the Tuscola facility.
This decision constitutes a final EPA
action for which there is no
Administrative Appeal.
DATES: This action is effective as of June
1, 2010.
FOR FURTHER INFORMATION CONTACT:
Dana Rzeznik, Lead Petition Reviewer,
EPA, Region V, telephone (312) 353–
6492. Copies of the petition and all
pertinent information relating thereto
are on file and are part of the
Administrative Record. It is
recommended that you contact the lead
reviewer prior to reviewing the
Administrative Record.
SUPPLEMENTARY INFORMATION:
Background
Cabot Corporation submitted a
petition for renewal of an existing
exemption from the land disposal
restrictions of hazardous waste on
March 8, 2007. EPA personnel reviewed
all data pertaining to the petition,
including, but not limited to, well
construction, well operations, regional
and local geology, seismic activity,
penetrations of the confining zone, and
computational models of the injection
zone. EPA has determined that the
geologic setting at the site as well as the
construction and operation of the well
are adequate to prevent fluid migration
out of the injection zone within 10,000
years, as required under 40 CFR part
148. The injection zone at this site is
composed of the Upper Franconia,
Potosi, Eminence and Oneota
formations at depths between 4,442 feet
and 5,400 feet below ground level. The
confining zone is the Shakopee
formation at depths between 4,101 feet
and 4,442 feet below ground level. The
confining zone is separated from the
lowermost underground source of
drinking water (at a depth of 2700 feet
below ground level) by a sequence of
permeable and less permeable
sedimentary rocks, which provide
additional protection from fluid
migration into drinking water sources.
EPA issued a draft decision, which
described the reasons for granting this
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exemption in more detail, a fact sheet,
which summarized these reasons, and a
public notice on December 28, 2009,
pursuant to 40 CFR 124.10. The public
comment period expired on February 1,
2010. EPA received no comments on the
proposed exemption granted to Cabot
Corporation. A final exemption is
therefore granted as proposed.
Conditions
This exemption is subject to the
following conditions. Non-compliance
with any of these conditions is grounds
for termination of the exemption:
(1) All regulatory requirements in 40
CFR 148.23 and 148.24 are incorporated
by reference;
(2) The exemption applies to two
existing injection wells, Well #2 and
Well #3 located at the Cabot Corporation
facility at 700 E. U.S. Highway 36, in the
City of Tuscola in Douglas County,
Illinois;
(3) Injection is limited to that part of
Upper Franconia, Potosi, Eminence and
Oneota formations at depths between
4,442 and 5,400 feet;
(4) Only wastes denoted by the waste
codes D002, F003 and F039 may be
injected;
(5) The concentrations of constituents
of the injected waste will not exceed the
amounts listed in Table 1–1 in the
petition document;
(6) The volume of wastes injected in
any month through the wells must not
exceed 17,280,000 gallons;
(7) This exemption is approved for the
21-year modeled injection period,
which ends on December 31, 2027.
Cabot Corporation may petition EPA for
a reissuance of the exemption beyond
that date, provided that a new and
complete petition and no-migration
demonstration is received at EPA,
Region 5, by July 1, 2027;
(8) Cabot Corporation shall quarterly
submit to EPA a report containing a
fluid analysis of the injected waste
which shall indicate the chemical and
physical properties upon which the nomigration petition was based, including
the physical and chemical properties
listed in Conditions 5 and 6 of this
exemption approval;
(9) Cabot Corporation shall annually
submit to EPA a report containing the
results of a bottom hole pressure survey
(fall-off test) performed on Well #2 and
Well #3 (alternating years). The survey
shall be performed after shutting in the
well for a period of time sufficient to
allow the pressure in the injection
interval to reach equilibrium, in
accordance with 40 CFR 146.68(e)(1).
The annual report shall include a
comparison of reservoir parameters
determined from the fall-off test with
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30393
parameters used in the approved nomigration petition;
(10) The petitioner shall fully comply
with all requirements set forth in
Underground Injection Control Permit
UIC–011–CC issued by the Illinois
Environmental Protection Agency; and
(11) Whenever EPA determines that
the basis for approval of a petition may
no longer be valid, EPA may terminate
this exemption and will require a new
demonstration in accordance with 40
CFR 148.20.
Dated: March 5, 2010.
Tinka G. Hyde,
Director, Water Division, EPA Region 5.
[FR Doc. 2010–13089 Filed 5–28–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9157–2; Docket ID No. EPA–HQ–ORD–
2009–0934]
The Effects of Mountaintop Mines and
Valley Fills on Aquatic Ecosystems of
the Central Appalachian Coalfields and
a Field-Based Aquatic Life Benchmark
for Conductivity in Central
Appalachian Streams
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Extension of Public Comment
Period to July 13, 2010.
SUMMARY: EPA is announcing an
extension of the public comment period
for two related draft documents: (1)
‘‘The Effects of Mountaintop Mines and
Valley Fills on Aquatic Ecosystems of
the Central Appalachian Coalfields’’
(EPA/600/R–09/138A) and (2) ‘‘A Fieldbased Aquatic Life Benchmark for
Conductivity in Central Appalachian
Streams’’ (EPA/600/R–10/023A). We are
specifically extending the comment
period to give the public an opportunity
to evaluate the data used to derive a
benchmark for conductivity. By
following the link below, reviewers may
download the initial data and EPA’s
derivative data sets that were used to
calculate the conductivity benchmark.
These reports were developed by the
National Center for Environmental
Assessment (NCEA) within EPA’s Office
of Research and Development as part of
a set of actions taken by EPA to further
clarify and strengthen environmental
permitting requirements for
Appalachian mountaintop removal and
other surface coal mining projects, in
coordination with Federal and State
regulatory agencies (https://
www.epa.gov/owow/wetlands/guidance/
mining.html).
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30394
Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices
Both documents will be reviewed by
an independent review panel convened
by EPA’s Science Advisory Board
(SAB). The SAB’s peer review meeting,
which the public will be able to attend
as observers, is scheduled for July 20–
22, 2010. The public comment period
and the SAB meeting are separate
processes that provide opportunities for
all interested parties to comment on the
document. EPA intends to forward the
public comments that are submitted, in
accordance with this notice, to the SAB
review panel prior to the meeting for
their consideration. When finalizing the
draft documents, EPA intends to
consider any significant public
comments that it receives in accordance
with this notice.
EPA is releasing these draft
documents for the purpose of predissemination peer review under
applicable information quality
guidelines. The documents have not
been formally disseminated by EPA.
They do not represent and should not be
construed to represent a final Agency
policy or determination; however, the
documents reflect EPA’s best
interpretation of the available science.
The draft documents are available via
the Internet on NCEA’s home page
under the Recent Additions and
Publications menus at https://
www.epa.gov/ncea.
DATES: The public comment period
began on April 12, 2010 and ends on
July 13, 2010. Technical comments
should be in writing and must be
received by EPA by July 13, 2010.
ADDRESSES: The draft reports, ‘‘The
Effects of Mountaintop Mines and
Valley Fills on Aquatic Ecosystems of
the Central Appalachian Coalfields’’ and
‘‘A Field-based Aquatic Life Benchmark
for Conductivity in Central Appalachian
Streams’’ are available primarily via the
Internet on the National Center for
Environmental Assessment’s home page
under the Recent Additions and
Publications menus at https://
www.epa.gov/ncea. A limited number of
paper copies are available, contact the
EPA; telephone: 703–347–8629;
facsimile: 703–347–8691. If you are
requesting a paper copy, please provide
your name, your mailing address, and
the document titles (1) ‘‘The Effects of
Mountaintop Mines and Valley Fills on
Aquatic Ecosystems of the Central
Appalachian Coalfields’’ and (2) ‘‘A
Field-based Aquatic Life Benchmark for
Conductivity in Central Appalachian
Streams.’’
Comments may be submitted
electronically via https://
www.regulations.gov, by mail, by
facsimile, or by hand delivery/courier.
VerDate Mar<15>2010
15:41 May 28, 2010
Jkt 220001
Please follow the detailed instructions
provided in the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT: For
information on submitting comments to
the docket, please contact the Office of
Environmental Information Docket;
telephone: 202–566–1752; facsimile:
202–566–1753; or e-mail:
ORD.Docket@epa.gov. For technical
information, please leave a message at
703–347–8629 or send e-mail to MTM–
Cond@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of the first draft report
entitled, ‘‘The Effects of Mountaintop
Mines and Valley Fills on Aquatic
Ecosystems of the Central Appalachian
Coalfields,’’ is to assess the state of the
science on the ecological impacts of
Mountaintop Mining and Valley Fill
(MTM–VF) operations on streams in the
Central Appalachian Coal Basin. This
basin covers about 12 million acres in
West Virginia, Kentucky, Virginia, and
Tennessee. The draft report reviews
literature relevant to evaluating five
potential consequences of MTM–VF
operations: (1) Impacts on headwater
streams; (2) impacts on downstream
water quality; (3) impacts on stream
ecosystems; (4) the cumulative impacts
of multiple mining operations; and (5)
effectiveness of mining reclamation and
mitigation. The impacts of MTM–VF
operations on cultural and aesthetic
resources are not included in the
review. EPA used two primary sources
of information for the evaluation: (1)
The peer reviewed, published literature
and (2) the Programmatic
Environmental Impact Statement (PEIS)
on Mountaintop Mining/Valley Fills in
Appalachia and its associated
appendices prepared in draft in 2003
and finalized in 2005.
The second draft report entitled, ‘‘A
Field-based Aquatic Life Benchmark for
Conductivity in Central Appalachian
Streams,’’ uses field data to derive an
aquatic life benchmark for conductivity.
Conductivity is a measurement of the
salt content of water. The saltier the
water, the more it will conduct
electricity. This benchmark value may
be applied to waters in the Appalachian
Region that are near neutral or mildly
alkaline in their pH and are influenced
by salts of sulfate and bicarbonate. This
benchmark is intended to protect the
biological integrity of waters in the
region. It is derived by a method
modeled on the U.S. EPA’s standard
methodology for deriving water quality
criteria. In particular, the methodology
was adapted for use of field data. Field
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data were used because sufficient and
appropriate laboratory data were not
available and because high quality field
data were available to relate
conductivity to effects on biotic
communities. This draft report provides
scientific evidence for a conductivity
benchmark in a specific region rather
than for the entire United States.
II. How To Submit Technical Comments
to the Docket at https://
www.regulations.gov
Submit your comments, identified by
Docket ID No. EPA–HQ–ORD 2009–
0934, by one of the following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: ORD.Docket@epa.gov.
• Fax: 202–566–1753.
• Mail: Office of Environmental
Information (OEI) Docket (Mail Code:
2822T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. The phone
number is 202–566–1752.
• Hand Delivery: The OEI Docket is
located in the EPA Headquarters Docket
Center, Room 3334 EPA West Building,
1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket
Center’s Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is 202–566–1744.
Such deliveries are only accepted
during the docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
If you provide comments by mail or
hand delivery, please submit three
copies of the comments. For
attachments, provide an index, number
pages consecutively with the comments,
and submit an unbound original and
three copies.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–ORD–2009–
0934. Please ensure that your comments
are submitted within the specified
comment period. Comments received
after the closing date will be marked
‘‘late,’’ and may only be considered if
time permits. It is EPA’s policy to
include all comments it receives in the
public docket without change and to
make the comments available online at
https://www.regulations.gov, including
any personal information provided,
unless a comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: Documents in the docket are
listed in the https://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 materials, such as
copyrighted material, are 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 OEI Docket in the EPA Headquarters
Docket Center.
Dated: May 25, 2010.
Rebecca Clark,
Acting Director, National Center for
Environmental Assessment.
[FR Doc. 2010–13072 Filed 5–28–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
erowe on DSK5CLS3C1PROD with NOTICES
[EPA–HQ–OW–2010–0464; FRL–9156–7]
Stakeholder Input; National Pollutant
Discharge Elimination System
(NPDES) Permit Requirements for
Municipal Sanitary Sewer Collection
Systems, Municipal Satellite Collection
Systems, Sanitary Sewer Overflows,
and Peak Wet Weather Discharges
From Publicly Owned Treatment Works
Treatment Plants Serving Separate
Sanitary Sewer Collection Systems
AGENCY: Environmental Protection
Agency (EPA).
VerDate Mar<15>2010
15:41 May 28, 2010
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ACTION:
Notice.
SUMMARY: The Environmental Protection
Agency is announcing plans to hold
several ‘‘listening sessions’’ beginning in
June 2010 to obtain information from
the public on certain issues EPA is
considering. EPA is considering
whether to propose to modify the
National Pollutant Discharge
Elimination System (NPDES)
regulations as they apply to municipal
sanitary sewer collection systems and
sanitary sewer overflows (SSOs) in
order to better protect the environment
and public health from the harmful
effects of sanitary sewer overflows and
basement back ups. The Agency is
considering whether to propose possible
modifications to the NPDES regulations,
including establishing standard permit
conditions for publicly owned treatment
works (POTW) permits that specifically
address sanitary sewer collection
systems and SSOs, and clarifying the
regulatory framework for applying
NPDES permit conditions to municipal
satellite collection systems. The Agency
is also considering whether and how it
should resolve several longstanding
issues that are the subject of the
December 22, 2005 draft Peak Flows
Policy. This draft Policy attempted to
clarify EPA’s interpretation that the
existing ‘‘bypass’’ provision of the
NPDES regulations applies to peak wet
weather diversions at POTW treatment
plants that are recombined with the
flows from the secondary treatment
units prior to discharge. The Agency is
considering whether to adopt this or a
revised Policy and/or address questions
about peak flow as part of an SSO
rulemaking to allow for a holistic and
integrated approach to reducing SSOs
while at the same time addressing peak
flows at the POTW treatment plant.
In addition to submitting information
at the listening sessions, the public may
also provide input to the Agency
directly through e-mail, fax or mail in
order to help the Agency shape any
possible future regulatory proposals.
The Agency is undertaking this outreach
to help advance the Clean Water Act
objective to restore and maintain the
chemical, physical and biological
integrity of the nation’s waters (CWA,
Section 101(a)).
DATES: EPA is asking for statements and
input from the interested public on or
before August 2, 2010.
ADDRESSES: Submit your statements or
input, identified by Docket ID No. EPA–
HQ–OW–2010–0464, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
input.
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30395
• E-mail: OW–Docket@epa.gov,
Attention Docket ID No. EPA–HQ–OW–
2010–0464.
• Fax: 202–566–9744.
• Mail: Water Docket, U.S.
Environmental Protection Agency, Mail
code: 4203M, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460. Attention
Docket ID No. EPA–HQ–OW–2010–
0464.
• Hand Delivery: Water Docket, EPA
Docket Center, EPA West Building
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC, Attention Docket
ID No. EPA–HQ–OW–2010–0464. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your input to
Docket ID No. EPA–HQ–OW–2010–
0464. EPA’s policy is that all input
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the input includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your input. If
you send an e-mail with input directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the input that is
placed in the public docket and made
available on the Internet. If you submit
an electronic input, EPA recommends
that you include your name and other
contact information in the body of your
input and with any disk or CD–ROM
you submit. If EPA cannot read your
input due to technical difficulties and
cannot contact you for clarification, EPA
may not be able to consider your input.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: For
further information about this notice,
contact Charles Glass, EPA
Headquarters, Office of Water, Office of
Wastewater Management at tel.: 202–
564–0418 or e-mail:
glass.charles@epa.gov.
E:\FR\FM\01JNN1.SGM
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Agencies
[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Notices]
[Pages 30393-30395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13072]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9157-2; Docket ID No. EPA-HQ-ORD-2009-0934]
The Effects of Mountaintop Mines and Valley Fills on Aquatic
Ecosystems of the Central Appalachian Coalfields and a Field-Based
Aquatic Life Benchmark for Conductivity in Central Appalachian Streams
AGENCY: Environmental Protection Agency (EPA).
ACTION: Extension of Public Comment Period to July 13, 2010.
-----------------------------------------------------------------------
SUMMARY: EPA is announcing an extension of the public comment period
for two related draft documents: (1) ``The Effects of Mountaintop Mines
and Valley Fills on Aquatic Ecosystems of the Central Appalachian
Coalfields'' (EPA/600/R-09/138A) and (2) ``A Field-based Aquatic Life
Benchmark for Conductivity in Central Appalachian Streams'' (EPA/600/R-
10/023A). We are specifically extending the comment period to give the
public an opportunity to evaluate the data used to derive a benchmark
for conductivity. By following the link below, reviewers may download
the initial data and EPA's derivative data sets that were used to
calculate the conductivity benchmark. These reports were developed by
the National Center for Environmental Assessment (NCEA) within EPA's
Office of Research and Development as part of a set of actions taken by
EPA to further clarify and strengthen environmental permitting
requirements for Appalachian mountaintop removal and other surface coal
mining projects, in coordination with Federal and State regulatory
agencies (https://www.epa.gov/owow/wetlands/guidance/mining.html).
[[Page 30394]]
Both documents will be reviewed by an independent review panel
convened by EPA's Science Advisory Board (SAB). The SAB's peer review
meeting, which the public will be able to attend as observers, is
scheduled for July 20-22, 2010. The public comment period and the SAB
meeting are separate processes that provide opportunities for all
interested parties to comment on the document. EPA intends to forward
the public comments that are submitted, in accordance with this notice,
to the SAB review panel prior to the meeting for their consideration.
When finalizing the draft documents, EPA intends to consider any
significant public comments that it receives in accordance with this
notice.
EPA is releasing these draft documents for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. The documents have not been formally disseminated by EPA.
They do not represent and should not be construed to represent a final
Agency policy or determination; however, the documents reflect EPA's
best interpretation of the available science. The draft documents are
available via the Internet on NCEA's home page under the Recent
Additions and Publications menus at https://www.epa.gov/ncea.
DATES: The public comment period began on April 12, 2010 and ends on
July 13, 2010. Technical comments should be in writing and must be
received by EPA by July 13, 2010.
ADDRESSES: The draft reports, ``The Effects of Mountaintop Mines and
Valley Fills on Aquatic Ecosystems of the Central Appalachian
Coalfields'' and ``A Field-based Aquatic Life Benchmark for
Conductivity in Central Appalachian Streams'' are available primarily
via the Internet on the National Center for Environmental Assessment's
home page under the Recent Additions and Publications menus at https://www.epa.gov/ncea. A limited number of paper copies are available,
contact the EPA; telephone: 703-347-8629; facsimile: 703-347-8691. If
you are requesting a paper copy, please provide your name, your mailing
address, and the document titles (1) ``The Effects of Mountaintop Mines
and Valley Fills on Aquatic Ecosystems of the Central Appalachian
Coalfields'' and (2) ``A Field-based Aquatic Life Benchmark for
Conductivity in Central Appalachian Streams.''
Comments may be submitted electronically via https://www.regulations.gov, by mail, by facsimile, or by hand delivery/
courier. Please follow the detailed instructions provided in the
SUPPLEMENTARY INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT: For information on submitting comments
to the docket, please contact the Office of Environmental Information
Docket; telephone: 202-566-1752; facsimile: 202-566-1753; or e-mail:
ORD.Docket@epa.gov. For technical information, please leave a message
at 703-347-8629 or send e-mail to MTM-Cond@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of the first draft report entitled, ``The Effects of
Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central
Appalachian Coalfields,'' is to assess the state of the science on the
ecological impacts of Mountaintop Mining and Valley Fill (MTM-VF)
operations on streams in the Central Appalachian Coal Basin. This basin
covers about 12 million acres in West Virginia, Kentucky, Virginia, and
Tennessee. The draft report reviews literature relevant to evaluating
five potential consequences of MTM-VF operations: (1) Impacts on
headwater streams; (2) impacts on downstream water quality; (3) impacts
on stream ecosystems; (4) the cumulative impacts of multiple mining
operations; and (5) effectiveness of mining reclamation and mitigation.
The impacts of MTM-VF operations on cultural and aesthetic resources
are not included in the review. EPA used two primary sources of
information for the evaluation: (1) The peer reviewed, published
literature and (2) the Programmatic Environmental Impact Statement
(PEIS) on Mountaintop Mining/Valley Fills in Appalachia and its
associated appendices prepared in draft in 2003 and finalized in 2005.
The second draft report entitled, ``A Field-based Aquatic Life
Benchmark for Conductivity in Central Appalachian Streams,'' uses field
data to derive an aquatic life benchmark for conductivity. Conductivity
is a measurement of the salt content of water. The saltier the water,
the more it will conduct electricity. This benchmark value may be
applied to waters in the Appalachian Region that are near neutral or
mildly alkaline in their pH and are influenced by salts of sulfate and
bicarbonate. This benchmark is intended to protect the biological
integrity of waters in the region. It is derived by a method modeled on
the U.S. EPA's standard methodology for deriving water quality
criteria. In particular, the methodology was adapted for use of field
data. Field data were used because sufficient and appropriate
laboratory data were not available and because high quality field data
were available to relate conductivity to effects on biotic communities.
This draft report provides scientific evidence for a conductivity
benchmark in a specific region rather than for the entire United
States.
II. How To Submit Technical Comments to the Docket at https://www.regulations.gov
Submit your comments, identified by Docket ID No. EPA-HQ-ORD 2009-
0934, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: ORD.Docket@epa.gov.
Fax: 202-566-1753.
Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460. The phone number is 202-
566-1752.
Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, Room 3334 EPA West Building, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center's Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is 202-566-1744. Such deliveries are only accepted during
the docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
If you provide comments by mail or hand delivery, please submit
three copies of the comments. For attachments, provide an index, number
pages consecutively with the comments, and submit an unbound original
and three copies.
Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2009-0934. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if time permits. It is
EPA's policy to include all comments it receives in the public docket
without change and to make the comments available online at https://www.regulations.gov, including any personal information provided,
unless a comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://
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www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: Documents in the docket are listed in the https://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 materials,
such as copyrighted material, are 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 OEI Docket in the
EPA Headquarters Docket Center.
Dated: May 25, 2010.
Rebecca Clark,
Acting Director, National Center for Environmental Assessment.
[FR Doc. 2010-13072 Filed 5-28-10; 8:45 am]
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