Environmental Protection Agency September 27, 2005 – Federal Register Recent Federal Regulation Documents
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Proposed CERCLA Administrative Cost Recovery Settlement; Town of Tilton and Tilton/Northfield Fire Department, Old Pillsbury Mill Superfund Site, Tilton, NH
In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past costs concerning the Old Pillsbury Mill Superfund Site in Tilton, New Hampshire with the following settling parties: Town of Tilton and the Tilton/Northfield Fire Department. The settlement requires the settling parties to pay $378,706.00 to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling parties pursuant to section 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at One Congress Street, Boston, MA 02214-2023 (Telephone No. 617-918-1440).
Public Water System Supervision Program Revision for the State of Tennessee
Notice is hereby given that the State of Tennessee is revising its approved Public Water System Supervision Program. Tennessee has adopted drinking water regulations for the Long Term 1 Surface Water Treatment Rule and the Arsenic Rule. EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, EPA intends on approving this State program revision. All interested parties may request a public hearing. A request for a public hearing must be submitted by October 27, 2005 to the Regional Administrator at the address shown below. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. However, if a substantial request for a public hearing is made by October 27, 2005, a public hearing will be held. If no timely and appropriate request for a hearing is received and the Regional Administrator does not elect to hold a hearing on his own motion, this determination shall become final and effective on October 27, 2005. Any request for a public hearing shall include the following information: The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; a brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement of the information that the requesting person intends to submit at such hearing; and the signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.
Endocrine Disruptor Screening Program; Chemical Selection Approach for Initial Round of Screening
This notice describes the approach EPA plans to use for selecting the first group of chemicals to be screened in the Agency's Endocrine Disruptor Screening Program (EDSP). The Food Quality Protection Act of 1996 (FQPA) amended the Federal Food, Drug, and Cosmetic Act (FFDCA) to direct EPA to develop a chemical screening program using appropriate validated test systems and other scientifically relevant information to determine whether certain substances may have hormonal effects. In December 2002, EPA sought comment on its approach for selecting the initial list of chemicals for which testing will be required under the EDSP. Following review and revision based on the public comments, EPA is now describing the approach that it intends to use for selecting the chemicals for the initial list. For this initial approach, as recommended by scientific advisory committees, EPA will select 50 to 100 chemicals. The chemicals will be selected based on their relatively high potential for human exposure rather than using a combination of exposure- and effects- related factors. The scope of this first group of chemicals to be tested includes pesticide active ingredients and High Production Volume (HPV) chemicals used as pesticide inerts. This will allow EPA to focus its initial screening efforts on a smaller and more manageable universe of chemicals that emphasizes the early attention to the pesticide chemicals that Congress specifically mandated EPA to test for possible endocrine effects. This notice does not identify the initial list of chemicals, nor does it describe other aspects of the EDSP such as the administrative procedures EPA will use to require testing, the validated tests and battery that will be included in the EDSP, or the timeframe for requiring the testing or receiving the data. The initial chemical list and the details of the EDSP process that will apply to the initial chemical list will be addressed in subsequent notices published in the Federal Register.
Acid Rain Program: Notice of Annual Adjustment Factors for Excess Emission Penalty
Under the Acid Rain Program, affected units must hold enough allowances to cover their sulfur dioxide emissions and meet an emission limit for nitrogen oxides. Under 40 CFR 77.6, units that do not meet these requirements must pay a penalty without demand to the Administrator based on the number of excess tons emitted times $2000 as adjusted by an annual adjustment factor that must be published in the Federal Register. The annual adjustment factor for adjusting the penalty for excess emissions of sulfur dioxide and nitrogen oxides under 40 CFR part 77 for compliance year 2005 is 1.5209. This value is derived using the Consumer Price Index (``CPI'') for 1990 and 2005 (as defined at 40 CFR part 72, the 2005 CPI is based on the August 2004 CPI for all urban consumers), and corresponds to a penalty of $3042 per excess ton of sulfur dioxide or nitrogen oxides emitted. The annual adjustment factor for adjusting the penalty for excess emissions of sulfur dioxide and nitrogen oxides under 40 CFR part 77 for compliance year 2006 is 1.5762. This value is derived using the Consumer Price Index (``CPI'') for 1990 and 2006 (as defined at 40 CFR part 72, the 2006 CPI is based on the August 2005 CPI for all urban consumers), and corresponds to a penalty of $3152 per excess ton of sulfur dioxide or nitrogen oxides emitted.
Approval and Promulgation of Implementation Plans; Texas; Transportation Control Measures in the Dallas/Fort Worth Ozone Nonattainment Area
The EPA is approving revisions to the Texas Ozone State Implementation Plan (SIP). This approval incorporates the Transportation Control Measures, submitted by the Governor of Texas on April 25, 2000 (as substituted by the Texas Commission on Environmental Quality on January 14, 2004), into the SIP for the Dallas/Fort Worth Ozone Nonattainment Area. The inclusion of Transportation Control Measures in the SIP fulfills one requirement found under Section 182(c)(5) of the Federal Clean Air Act which provides that serious ozone nonattainment areas incorporate such measures into the state air quality plan. This action also fulfills of EPA's obligations under a Federal district court Consent Decree to act on these measures (70 FR 32326).
Notice of Extension of the Public Comment Period, Public Health and Environmental Radiation Protection Standards for Yucca Mountain, NV; Proposed Rule
The Environmental Protection Agency is extending the comment period for the Public Health and Environmental Radiation Protection Standards for Yucca Mountain, Nevada; Proposed Rule which appeared in the Federal Register on August 22, 2003 (68 FR 65120). The public comment period for this proposed rule was to end on October 21, 2005. The purpose of this notice is to extend the comment period to November 21, 2005, and to announce an additional public hearing in Las Vegas on October 6, 2005.
South Dakota: Final Authorization of State Hazardous Waste Management Program Revision and Incorporation by Reference of Approved State Hazardous Waste Management Program
South Dakota has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization and is proposing to authorize the State's changes through this proposed final action. Title 40 of the Code of Federal Regulations (CFR) Part 272 is used by EPA to codify its decision to authorize individual State programs and incorporates by reference those provisions of the State statutes and regulations that are subject to EPA's inspection and enforcement authorities as authorized provisions of the State's program. This action also proposes to codify the authorized provisions of the South Dakota regulations. Finally, today's document corrects errors made in the State authorization citations published in the August 10, 1999 and November 3, 2003 Federal Register authorization documents for South Dakota.
Draft All-Ages Lead Model
The U.S. Environmental Protection Agency (EPA) Office of Research and Development's National Center for Environmental Assessment (NCEA) is announcing the availability of an external review draft of the newly developed All-Ages Lead Model (AALM) Version 1.05, for public review and comment. EPA is releasing this draft model solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This model has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination.
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