Army Department April 3, 2009 – Federal Register Recent Federal Regulation Documents

On May 19, 2008, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Port of Long Beach (POLB) completed and published the Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Middle Harbor Redevelopment Project (Project) in the Port of Long Beach. The Corps and POLB considered all comments received in preparing the Final EIS/EIR, which is available for a 30-day review (April 3, 2009 through May 3, 2009). The Final EIS/EIR includes a draft general conformity determination (see Appendix A-4), pursuant to Section 176(c) of the Clean Air Act. A general conformity determination is necessary because Project construction would require Federal action (i.e., issuance of a Corps permit for activities proposed in navigable waters and waters of the U.S.) and not all the Federal action's direct and indirect emissions would be below specified de minimis thresholds (40 CFR 93.153(b)). Pursuant to the general conformity regulations (40 CFR part 93, subpart B), general conformity determinations do not have to be included in the EIS and can be separately noticed, but the draft general conformity determination for the Federal action associated with the Project is being included in the Final EIS/EIR in this case.