Environmental Protection Agency July 2005 – Federal Register Recent Federal Regulation Documents

The U.S. Environmental Protection Agency (EPA or Agency) is announcing the formation of a Working Group of the National Drinking Water Advisory Council on the Public Education Requirements of the Lead and Copper Rule (WGPE) and soliciting all interested persons to nominate qualified individuals to serve a one-year term. Any interested person or organization may nominate qualified individuals for membership on the working group. Background: The Lead and Copper Rule requires systems that exceed the action level to complete a number of steps, which include delivering public education to alert the public of the problem and provide information on steps customers can take to reduce their risk. In order to ensure ``at risk populations'' are receiving the necessary information to protect themselves from exposure to lead, EPA is reviewing the public education requirements of the Lead and Copper Rule. EPA believes that public information is an important component of drinking water protection because it allows consumers to make informed public health decisions. The National Drinking Water Advisory Council (NDWAC), established under the Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.), provides practical and independent advice, consultation, and recommendations to the Agency on the activities, functions, and policies related to the implementation of the Safe Drinking Water Act. On June 1, 2005, the NDWAC voted on and approved the formation of a Working Group (WGPE) to provide recommendations on the Public Education Requirements of the Lead and Copper Rule. After WGPE completes their charge, they will make recommendations to the full NDWAC. The full NDWAC will, in turn, make appropriate recommendations to EPA. For a general description of the WGPE charge, the criteria for selecting WGPE members, and the specific directions for submitting WGPE member nominations, please see the SUPPLEMENTARY INFORMATION section.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the New Jersey State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds. The SIP revision consists of amendments to Subchapter 23 ``Prevention of Air Pollution From Architectural Coatings'' of 7:27 of the New Jersey Administrative Codes, which are needed to meet the shortfall in emissions reduction identified by EPA in New Jersey's 1-hour ozone attainment demonstration SIP. The intended effect of this action is to approve a control strategy required by the Clean Air Act, which will result in emission reductions that will help achieve attainment of the national ambient air quality standard for ozone.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on November 30, 2005. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on August 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while the submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on August 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

The Environmental Protection Agency published a document in the Federal Register of June 8, 2005 concerning request for comments on Regulatory Pilot Projects. Within the document are several citations of an erroneous Agency form number.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

This notice announces receipt of applicationsto register pesticide products containing new active ingredients not included in any previously registeredproducts pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on July 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

In this action, EPA is proposing to correct an error in the incorporation by reference provisions in the approval of revisions to the Rules for the Control of Air Pollution in Idaho (IDAPA 58.01.01) published on January 16, 2003 (68 FR 2217). This correction would remove the list of State toxic air pollutants from the definition of ``regulated air pollutant'' in the EPA-approved Idaho State implementation plan.

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a meeting of the joint Gulf of Mexico Program (GMP) Policy Review Board (PRB) and Management Committee (MC).

This notice announces the availability of EPA's risk assessment and related documents, such as supporting science chapters, for the pesticide 1,2-Benzisothiazolin-3-one (BIT), and opens a public comment period on these documents. The public also is encouraged to suggest risk management ideas or proposals to address any risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for 1,2-Benzisothiazolin-3-one using a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards. This notice of availability is Phase 3 of the 4-Phase process.

This notice announces EPA's order for amendments to terminate certain uses of products containing the pesticide dimethoate, as well as cancellation of one dimethoate registration, as voluntarily requested by the registrants and accepted by the Agency, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a May 4, 2005 Federal Register Notice of Receipt of Requests from the dimethoate registrants to amend or voluntarily cancel their registrations to terminate certain uses of products containing dimethoate. In the May 4, 2005 Notice, EPA indicated that it would issue an order implementing the cancellations and amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests within this period. The Agency did not receive any comments on the Notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellation and amendments to terminate uses. Any distribution, sale, or use of the dimethoate products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

The Environmental Protection Agency (EPA) Region 6 is publishing a Direct Final Notice of Deletion of the Mallard Bay Landing Bulk Plant Superfund Site (Site), located northeast of Grand Chenier in Cameron Parish, Louisiana, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), 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.

EPA issued a final rule in the Federal Register of June 1, 2005, establishing two tolerance exemptions for two isopropylamine salts. This document is being issued to correct the CAS Reg. No. for one of those salts, 2-propanamine, compound with [alpha]-phosphono- [omega]-butoxypoly (oxy-1,2-ethanediyl) (2:1).

This notice announces the initial filing of pesticide petitions proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

EPA is proposing to grant a petition submitted by General Motors Corporation-Arlington Truck Assembly Plant (GM-Arlington) to exclude (or delist) a wastewater treatment plant (WWTP) sludge generated by GM-Arlington in Arlington, TX. from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) in the evaluation of the impact of the petitioned waste on human health and the environment. EPA bases its proposed decision to grant the petition on an evaluation of waste-specific information provided by the petitioner. This proposed decision, if finalized, would exclude the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). If finalized, EPA would conclude that GM-Arlington's petitioned waste is non-hazardous with respect to the original listing criteria. EPA would also conclude that GM-Arlington's process minimizes short- term and long-term threats from the petitioned waste to human health and the environment.

The California Air Resources Board (CARB) has notified EPA that it has adopted amendments to the California on-highway heavy-duty vehicle engine regulations for 2007 and subsequent model year to include new Engine Manufacturer Diagnostics (EMD) requirements. By letter dated March 7, 2005, CARB submitted a request that EPA grant a waiver of preemption under section 209(b) of the Clean Air Act (CAA), 42 U.S.C. 7543(b) for these amendments. This notice announces that EPA has tentatively scheduled a public hearing concerning California's request and that EPA is accepting written comment on the request.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Delaware for the purpose of including the new ambient air quality standards for ozone and fine particulate matter. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA) and section 7003 of the Resource Conservation and Recovery Act (RCRA), the EPA is hereby providing notice of a proposed administrative de minimis settlement concerning the Casmalia Disposal Site in Santa Barbara County, California (the Casmalia Disposal Site). Section 122(g) of CERCLA provides EPA with the authority to enter into administrative de minimis settlements. This settlement is intended to resolve the liabilities of 26 settling parties for the Casmalia Disposal Site under sections 106 and 107 of CERCLA and section 7003 of RCRA. These parties are identified below. For most of the parties, the settlement will also resolve the Casmalia Disposal Site-related liability for response costs incurred or to be incurred, and potential natural resource damage claims, by the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and the United States Air Force. The settling parties sent a combined total of 16,732,348 lbs. of waste to the Site and will pay a combined total of $1,860,343 million to EPA, $386 to the U.S. Air Force, $983 to the U.S. Fish & Wildlife Service, and $83 to the National Oceanic and Atmospheric Administration. These parties had received settlement offers from EPA in 1999 or 2000 but raised questions regarding their settlement which have since been resolved. EPA is simultaneously publishing another Federal Register notice relating to another settlement with de minimis parties that received settlement offers in April 2005. Settling Parties: The parties to this settlement are: A.O. Smith Corporation, Angelus Block Company, Chase Bros Dairy, City of Huntington Beach, City of Lompoc, City of Newport Beach, City of Santa Monica, City of Signal Hill, Crenshaw Christian Church of Los Angeles, Emery Air Freight, Kaiser Foundation Health Plan, Luxfer Inc., MAFCO/ Pneumo Abex, Martinez Shopping Center, Maywood Village Square L.P, Pacific Racing Association/Golden Gate Fields, Pasadena Center Operating Company, Phil Wood, Inc., Philip Morris Industrial, Quintec Manufacturing, Saddleback Valley Unified School District, Sares Regis, Temple Inland, The Coca Cola Company, Walter Buell Trust, and World Oil Company.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA) and section 7003 of the Resource Conservation and Recovery Act (RCRA), the EPA and the State of California's Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board (Regional Board) and Department of Fish and Game (DFG) (jointly referred to as the State Regulatory Entities), are hereby providing notice of a proposed administrative de minimis settlement concerning the Casmalia Disposal Site in Santa Barbara County, California (the Casmalia Disposal Site). Section 122(g) of CERCLA provides EPA with the authority to enter into administrative de minimis settlements. This settlement is intended to resolve the liabilities of 257 settling parties for the Casmalia Disposal Site under sections 106 and 107 of CERCLA and section 7003 of RCRA. These parties are identified below. Some have elected to resolve their liability with the EPA, some with the State Regulatory Entities, and some with both. Most of those resolving their liability to the EPA have also elected to resolve their liability for response costs and potential natural resource damage claims by the United States Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA). The settling parties sent 49,991,889 lbs. of waste to the Site, which represents 0.089% of total Site waste. These parties will pay over $4.3 million to EPA. EPA is simultaneously publishing another Federal Register Notice relating to another settlement with de minimis parties that had received offers prior to the group of parties listed in this Notice. Settling Parties: Parties that have elected to settle their liability at this time are as follows: ABC Unified School District, AC Transit, Acme Printing Ink Company, Acromil Corporation, Aerocraft Heat Treating Company, Allied Steel Company, Inc, Amberwick Corporation, American Fence Company, American Metal Bearing Company, Ampex Corporation, Anillo Industries, Inc., Apache Plastics, Arcadia Inc., Arlen J. Richman and Emily J. Richman, Armored Transport Inc., Arvin Industries, Astro Seal, Bakertanks Inc., Behr Process Corporation, Bell Industries, Benco Sales, Benmatt Industries, BMW of North America, Bourns, Inc., Bristol Industries, Bryan's Cleaners and Laundry, Builders Fence Company, Burke Industries, C & H Development, CACO Pacific Corporation, Cal Coast Acidizing Svc., California Domestic Water, California Institute of the Arts, California Oils Corporation, Campbells Soup Company, Carlin Foods, Carpenter Technology Corporation, CB Richard Ellis, C-Brite Metal Finishing, Central Chevrolet, Century Wire & Cable, Cerro Metal Products, Certified Enameling, Chief Auto Parts, Cintas Corporation, City of Anaheim, City of Corona, City of Hayward, City Of Orange, City of Santa Clara, City of Santa Rosa, City of Upland, Clayton Industries, Clean Seas, Coast Plating, Colonial Engineering, Comstock Crosser & Associates Development Company, Connell Processing Inc., Continental Acrylics, Continental Pacific Bank/Bank of the West, Contra Costa Water District, Coronet Manufacturing, Cor-Ray Painting Company, County of Fresno, County of San Mateo, Court Galvanizing, Inc., Crockett Container Corporation, D.W. Cruiso Jr.,/ R.W. Poole, DAH Incorporated, Deft Inc., Del Monte Foods, Dewey Pest Control, Dickson Testing Co., Donrey Media Group, Dover Corporation, Drackett, Inc., Dunkel Brothers Trucking, Easton Sports, Eberhard Roofing, Ecodyne Corporation, Econolite Control Products Inc., Eemus Manufacturing, Esterline Technologies, Excal Inc., Fillmore Piru Citrus Association, Fipp Investments, Fisher Development, Fitzgerald Trucking/ Fitzgerald Property, Fleet Services Inc., Flint Ink Corporation, Foothill Beverage Company, Fortifiber Corporation, Foster Farms, Gannett Co., Inc., Gans Ink & Supply, Gardenia Foods Company, Inc., General Magnaplate, Good Samaritan Hospital, Great Western Carpet Cushion, Grindley Manufacturing, Griswold Industries, Inc., Grossmont Union High School, GWF Power Manufacturing Systems LP, Gwynn Chevrolet, H.B. Fuller Company, H.F. Cox Petroleum Transportation, Hallmark Circuits, Hampton Farming Company, Handcraft Tile, Harris Corporation, Hartwell Corporation, Hawker Pacific Aerospace, Henry Wong & Tom Pon, Heublein Inc., Hexcel, Hill Brothers Chemical Company, Home Depot, Home Motors, Howard Petersen, Huntington Beach Unified School District, Hyatt Die Cast & Engineering, Illinois Tool Works, Indasco, Inc., Industrial Property Management, Ink Systems Inc., Integrated Device Technology, International Carbonics, International Electronic Research Corporation, Irvine Company, J.C. Carter Company, Jaco Oil Company, Jeffries Bank Notes, Johanson Dialectrics, John H. Harland Company, Johnson & Johnson, Johnson And Turner Painting Company, Jorco Chemical Co., Kal Kan Foods, Kaufman & Broad Homes Corporation, Kaynar Technologies, Kemira Chemicals, Inc., Keystone Shipping Company, Kimberly-Clark Corporation, KOH Atlas Corporation, L3 Communication Corporation, LeFiell Manufacturing, Leviton Manufacturing Company, Lithotype Company, Inc., Lost Arrow Corporation, Lucky Stores, Inc., Lustre Cal Nameplate, Magellan Aerospace, Malcolite Corporation, Marcel Electronics, Master Builders, McGean Rohco, Mentor Corporation, Mercury Services, Metropolitan Water District of Southern California, Micro Matic USA, Inc., Micro Metals, Midway Drilling, Miller Castings Company, Mills Iron Works, Modesto Irrigation District, Monterey Mushrooms, Inc., Multek Inc., Multichrome Company, Murco Development, Nabisco, Inc., Newman & Sons, North American Chemical Co., Nu-Metal Finishing Inc., Oakland Acura, Ohio Casualty Insurance Company, Ohmega Technologies, Orange Line Oil Company, Pacific Coast Building Products, Pacific Coast Producers, Pacific Radiatior Service, Pacifica Real Estate Group, Paktank Corporation, Richmond Terminal, Pamarco Pacific, Parco Inc., Pavement Specialists Inc., Pentair Enclosures Group, Peyton Cramer Ford Isuzu, Phylrich International, Pioneer Roofing & Tile, Plan Hold Corporation, Plant Insulation Company, Plato Products, Power-One Inc., Precision Metal Products, Ralph's Grocery Company, Rector Motor Car Company, Reliable Lumber, Inc., Remo Company, Ricoh Electronics, Robertson-Ceco Corporation, Rollins Inc. (aka Orkin Pest Control), Sacramento Housing And Redevelopment Agency, Safe Plating Company, Salk Institute for Biological Studies, San Diego School District, Santa Barbara Cottage Hospital, Santa Maria Public Airport District, Santee Dairies, Saticoy Country Club, Schlosser Forge, Sealed Air Corporation, Selman Chevrolet, SGL Technic, Inc., Shea Homes, Size Control Plating Co., Inc., Spectra-Tone Paint Corporation, SummerHill Homes, Sunny Distributors, Surface Protection Industries, Sutter Health, Swedlow Inc., Systron Donner, Tech-Etch Inc., Techni-Cast Corporation, The Flood Company, The Pervo Paint Company, The Stanley Works, Thorco Industries, Toppan Electronics, Twenieth Century Fox Film Corporation, U.S. Prefinished Metals, Unifirst Corporation, Union Bank of California, Union Tank Car Company, Universal Alloy, Universal Studios, Inc., U.S. Rentals, Utility Trailer Manufacturing, Valley Brass Foundry, Valley Todeco, Vancon Construction, VANS Inc. f/k/a Van Doren Rubber Company, Ventura Coastal Corporation, Ventura Regional Sanitation District, Vernon Leather Company, Viacom Inc., Village Car Wash, Volkswagen of North America, Wacker Corporation, Wakefield Thermal Solutions, Waller, Robert A., Wedgstone Automotive, West Contra Costa County Sanitary Landfill, Western Boat Operators, Western Oilfields Supply, Wynn International, Yellow Freight Lines.

The Science Advisory Board (SAB) Regulatory Environmental Modeling (REM) Guidance Review Panel will hold a public teleconference to discuss its draft peer review report of the Agency's Draft Guidance on the Development, Evaluation, and Application of Regulatory Environmental Models, dated November 2003 (referred to here also as the Draft Guidance), and the Models Knowledge Base related to modeling activity within the EPA.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of an irrevocable request by a registrant to voluntarily cancel a certain pesticide registration.

EPA expressed environmental concerns about the proposed project regarding road deicers, the long-term fate and transport of sediment, water and air quality impacts, the indirect and cumulative impacts of growth, and environmental justice issues; and believes that a decision on whether the project is intended to accommodate short or long-term transportation needs should be made before a preferred alternative is identified. Rating EC2. EIS No. 20050127, ERP No. D-AFS-F65055-MI, Hiawatha National Forest, Proposed Land and Resource Management Plan, Forest Plan Revision, Implementation, Alger, Cheboygan, Chippewa, Delta, Luce and Mackinac Counties, MI. Summary: EPA has no objections to the proposed action. Rating LO. EIS No. 20050136, ERP No. D-AFS-J67932-CO, Dry Fork Federal Coal Lease-by-Application (COC-67232), Leasing Additional Federal Coal Lands for Underground Coal Resource, Special-Use-Permits and U.S. Army COE section 404 Permit, Grand Mesa, Uncompahgre and Gunnison National Forests, Gunnison County, CO. Summary: EPA expressed concerns regarding reducing impacts from roads to habitat, soil erosion and maintaining a buffer between the mining area and the West Elk wilderness area. EPA also expressed concerns about potential wetland impacts caused by mine subsidence. Rating EC2. EIS No. 20050174, ERP No. D-FHW-J40170-CO, I-25, Valley Highway Project, Transportation Improvement from Logan to U.S. 6, Denver County, CO. Summary: EPA has environmental concerns about the proposed project related to the lack of improvements to pedestrian access to commercial areas, the compatibility of ramp and arterial improvements with multimodal transportation development, and bicycle and pedestrian safety at intersections. EPA also recommends improvements to the air quality analysis. Rating EC2. EIS No. 20050175, ERP No. D-FHW-K40258-CA, Campus Parkway Project, Proposes to Construct a New Expressway from Mission Avenue Interchange and Yosemite Avenue/Lake Road, U.S. Army COE Section 404 Permit, City of Merced, Merced County, CA. Summary: EPA has environmental concerns about the proposed project regarding logical termini, alternatives, connected actions, air quality, cumulative impacts to waters of the U.S., and growth-inducing impacts. EPA recommends that FHWA clearly explain the traffic benefits of the project. Rating EC2. EIS No. 20050181, ERP No. D-FHW-D40184-MO, MO-34, Corridor Improvements, from intersection of US Routes 60/21 in Carter County to the intersection of Routes 34/72 in Cape Girardeau County, Funding, U.S. Army COE Section 404 Permit, Carter, Bollinger, Reynolds, Wayne, and Cape Girardeau Counties, MO. Summary: EPA has environmental concerns about the proposed project related to impacts to streams and 4(f) resources. EPA is also concerned about the uncertainty of potential issues that could arise between now and the projected construction start date, estimated to be at least 10 years. Rating EC2. EIS No. 20050182, ERP No. D-FRC-J03018-00, Piceance Basin Expansion Project, Construction and Operation of a New Interstate Natural Gas Pipeline System, Wamsutter Compressor Station to Interconnections Greasewood Compressor Station, Rio Blanco County CO and Sweetwater County, WY. Summary: EPA expressed environmental concerns about water and air quality impacts and the need to assess impacts from several connected and induced actions. Rating EC2. EIS No. 20050189, ERP No. D-COE-D36075-PA, The Town of Bloomsburg, Columbia County, Pennsylvania Flood Damage Reduction Project, Implementation, Integrated Feasibility Report, Susquhanna River and Fishing Creek, Town of Bloomsburg, Columbia County, PA. Summary: EPA expressed environmental concern about wetland and proposed wetland mitigation and roadway relocation impacts; and suggested minimization measures that would reduce project impacts. Rating EC2. EIS No. 20050197, ERP No. D-TVA-E65073-TN, Watts Bar Reservoir Land Management Plan, Update 1988 Plan to Reflect Changing Community Needs, Loudon, Meigs, Rhea and Roane Counties, TN. Summary: EPA expressed environmental concern related to impacts associated with the development/recreation alternative. Rating EC1. EIS No. 20050163, ERP No. DS-STB-J53005-00, Powder River Basin Expansion Project, New Information on SEA's Independent Analyses Four Issues Remanded by the ``8'' Circuit Court of Appeals, Finance Docket No. 33407Dakota, Minnesota, Eastern Railroad, SD, WY and MN. Summary: EPA expressed environmental concern about apparent contradictions between statements in the Final Environmental Impact Statement and the Draft Supplemental EIS. EPA is also concerned that the assumptions made for air quality modeling for coal usage and the long-term projections of air quality impacts that were not in concert with the expected life of the rail project or the potential production life of Powder River Basin coal in eastern Wyoming. Rating EC1.