Environmental Protection Agency February 4, 2005 – Federal Register Recent Federal Regulation Documents
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Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permits; Dow Chemical Company
The EPA Administrator signed an order, dated December 22, 2004, denying the petition to object to State operating permits issued by the Louisiana Department of Environmental Quality (LDEQ) for the Light Hydrocarbon III and Cellulose plants at the Dow Chemical Company's facilities in Plaquemine, Iberville Parish, Louisiana. Pursuant to section 505(b)(2) of the Clean Air Act (Act), the petitioner may seek judicial review of this petition response in the United States Court of Appeals for the Fifth Circuit. Any petition must be filed within 60 days of the date this notice appears in the Federal Register, pursuant to section 307(d) of the Act.
Environmental Impact Statements and Regulations; Availability of EPA Comments
EPA expressed concerns due to wetland and secondary impacts, and requested additional information on secondary development and impacts induced by the proposed airport relocation, wetland mitigation, and the sponsor's site selection process. ERP No. D-FHW-H40183-00 Rating LO, Council Bluffs Interstate System Improvements Project, Transportation Improve from Missouri River on I- 80 to East of the I-480 Interchange, (Tier 1), Pottawattamie County, IA and Douglas County, NB. Summary: EPA has no objections to the proposed project. ERP No. D- FRC-G03023-TX Rating EC2, Cheniere Corpus Christi Liquefied Natural Gas (LNG) Project, To Provide Facilities for the Importation, Storage and Vaporization of Liquefied Natural Gas, Nueces and San Patricio Counties, TX. Summary: EPA expressed environmental concerns and requested additional information regarding wetlands mitigation measures, the potential for invasive species introduction, and air quality impacts. ERP No. D-NIH-G84000-TX Rating LO, Galveston National Laboratory for Biodefense and Emerging Infectious Diseases Research Facility at the University of Texas Medical Branch, Construction, Partial Funding, Grant, Galveston, TX. Summary: EPA had no objection to the selection of the preferred alternative. However, EPA asked that the Final EIS include a discussion of general air quality conformity. ERP No. D-STB-G53010-TX Rating EC2, Southwest Gulf Railroad Project, Construction and Operation Exemption, To Transport Limestone from Vulcan Construction Materials (VCM) Quarry to Del Rio Subdivision, Medina County, TX. Summary: EPA expressed environmental concerns about the proposed project regarding the Spill Prevention, Containment and Countermeasure Plan, aquatic steam crossing mitigation measures, and air quality impacts.
Approval and Promulgation of Implementation Plans; Florida: Citrus Juice Processing
The EPA is conditionally approving a revision to the Florida State Implementation Plan (SIP) consisting of a new Florida statute and implementing regulations that set emission limits for existing and new equipment at existing citrus juice processing facilities in Florida. This approval is conditioned upon a commitment from the State to adopt specific enforceable measures, as stated in the proposed rule published January 30, 2004 (69 FR 4459), within one year from the effective date of this rule. If the State fails to meet its commitment by adopting and submitting to EPA the necessary revisions within the one-year period, the approval is treated as a disapproval.
Approval and Promulgation of Implementation Plans for Kentucky: 1-Hour Ozone Maintenance Plan Update for Edmonson Area; Withdrawal of Direct Final Rule
Due to adverse comment, EPA is withdrawing the direct final rule published December 17, 2004, (69 FR 75473) approving revisions to the Edmonson County portion of the State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky on August 24, 2004. The submittal provides the 10-year update to the original 1-hour ozone maintenance plans for three 1-hour ozone maintenance areas, including the Edmonson County Maintenance Area, and also provides revised 2004 motor vehicle emission budgets (MVEBs) and establishes 2015 MVEBs. EPA stated in the direct final rule that if EPA received adverse comment by January 18, 2005, the rule would be withdrawn and not take effect. EPA subsequently received adverse comment. EPA will address the comment in a subsequent final action based upon the proposed action also published on December 17, 2004 (69 FR 75495). EPA will not institute a second comment period on this action.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
The Environmental Protection Agency (EPA) Region III is issuing a notice of intent to delete the Southern Maryland Wood Treating Superfund Site (Site) located in Hollywood, Maryland from the National Priorities List (NPL) and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), is found at Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of Maryland, through the Maryland Department of the Environment (MDE), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under CERCLA. In the ``Rules and Regulations'' section of today's Federal Register, EPA is publishing a direct final rule of deletion of the Southern Maryland Wood Treating Site without prior notice of intent to delete because EPA views this as a noncontroversial deletion and anticipates no adverse comment. EPA has explained its reasons for this deletion in the direct final rule of deletion. If EPA receives no adverse comment(s) on this notice of intent to delete or the direct final rule of deletion, EPA will not take further action. If EPA receives adverse comment(s), EPA will withdraw the direct final rule of deletion and it will not take effect. EPA will, as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. EPA will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the Direct Final Rule of Deletion which is located in the ``Rules and Regulations'' section of this Federal Register.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
The Environmental Protection Agency (EPA) Region III is publishing a direct final rule of deletion of the Southern Maryland Wood Treating Superfund Site (Site), located in Hollywood (St. Mary's County), Maryland, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), is Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final rule of deletion is being published by EPA with the concurrence of the State of Maryland, through the Maryland Department of the Environment (MDE), because EPA has determined that all appropriate response actions under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is not appropriate.
Environmental Impact Statements and Regulations; Availability of EPA Comments
EPA has no objections with the proposed restoration project; however, we recommended that a schedule for prescribed burns and timber removal be included in the FEIS. ERP No. D-BLM-K65274-NV Rating EC2, Las Vegas Valley Disposal Boundary Project, Disposal and Use of Public Land under the Management of (BLM), Implementation, Clark County, NV. Summary: EPA expressed environmental concerns about impacts to wetlands and Waters of the U.S., general conformity under the Clean Air Act, the analysis of alternatives, and consultation with tribal governments. ERP No. D-FHW-C40164-NY Rating EC2, NY Route 17Elmira to Chemung Project, Proposed Highway Reconstruction, New Highway Construction, Bridge Rehabilitation/Replacement, Funding and U.S. Army COE Section 404 Permit, Town and City of Elmira, Town of Ashland and Chemung, Chemung County, NY. Summary: EPA has concerns with the proposed project due to indirect impacts to water quality and wetlands, and suggested firmer mitigation measures be implemented to address these concerns. ERP No. D-FHW-D40325-PA Rating EC2, U.S. 219 Improvements Project, Meyersdale to Somerset, SR 6219, Section 020, Funding, U.S. COE Section 404 Permits, Somerset County, PA. Summary: EPA has environmental concerns with the proposed project regarding impacts to wetlands, endangered species, aquatic resources, air quality, and environmental justice. ERP No. D-FHW-F40426-OH Rating EC2, Eastern Corridor Multi-Modal (Tier 1) Project, To Implement a Multi-Modal Transportation Program between the City of Cincinnati and Eastern Suburbs in Hamilton and Clermont Counties, OH. Summary: EPA has concerns with the proposed project, primarily regarding a new bridge span across the Little Miami River, a designated Wild and Scenic River. These concerns include unresolved questions regarding visual impacts, and cumulative, indirect and secondary impacts to the river's identified characteristics. ERP No. D-FHW-J40167-UT Rating EC2, Brown Park Road Project, Reconstruction (Paving) and Partial Re-alignment from Red Creek to Colorado State Line, Diamond Mountain Resource Management Plan Amendment (BLM), U.S. Army COE Section 404 Permit, Daggett County, UT. Summary: EPA has environmental concerns with the proposed project regarding habitat fragmentation, impacts to wildlife due to vehicle collisions, and the introduction of invasive species. ERP No. D-NIH-D81035-MD Rating EC2, National Institutes of Health (NIH) Master Plan 2003 Update, National Institutes of Health Main CampusBethesda, MD, Montgomery County, MD. Summary: EPA expressed concerns regarding impacts from land development and storm water management. EPA requested that the final EIS address the function and value of the existing hardwoods that will be lost, and provide an outline of the mitigation. ERP No. DS-BIA-A65165-00 Rating EC2, ProgrammaticNavajo Nation 10-Year Forest Management Plan, New and Updated Information on Alternatives, Chuska Mountains and Defiancé Plateau Area, AZ and NM. Summary: EPA expressed concerns regarding cumulative impacts and implementation of the Range Assessment and Management Plan (RAMP), and requested that existing environmental information be incorporated into the alternatives and cumulative impact analyses. ERP No. DS-FHW-E40325-NC Rating EC2, Eastern Section of the Winston-Salem Northern Beltway, U.S. 52 south to I-40 Business and I-40 Business south to U.S. 311, Improvements to the Surface Transportation Network, TIP Project Nos. U-2579 and U-2579A, Forsyth County, NC. Summary: EPA continues to have environmental concerns with the proposed project regarding the number of residential relocations required as well as impacts to aquatic stream habitat and water supply.
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