Environmental Protection Agency October 18, 2005 – Federal Register Recent Federal Regulation Documents
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Science Advisory Board Staff Office Clean Air Scientific Advisory Committee (CASAC) Notification of Public Advisory Committee Meeting (Teleconference)
The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee (CASAC or Committee) to review and approve the advisory report of the CASAC Ambient Air Monitoring and Methods (AAMM) Subcommittee (Subcommittee) on its recent peer review of the Federal Reference Method (FRM) for thoracic coarse particulate matter (PM10-2.5).
Administrative Order on Consent-Denver Radium OU 2
Notice is hereby given of a proposed settlement pursuant to sections 104, 106(a), 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9604, 9606(a), 9607 and 9622, as amended (``CERCLA''), and under the authority of the Attorney General of the United States to compromise and settle claims of the United States concerning the Denver Radium Superfund site, Operable Unit 2 (``OU 2''). The proposed settlement is embodied in an Administrative Order on Consent (``AOC'') between the United States, on behalf of the United States Environmental Protection Agency (``EPA'') and the Atlas Metal & Iron Corp. and Atlas Umatilla, LLC (``Settling Respondents,'' (collectively the ``Parties'')). This AOC provides for the performance of operation and maintenance activities by the Settling Respondents, the recording of an environmental covenant by Atlas Umatilla, LLC, and the reimbursement of certain response costs incurred by the United States at or in connection with OU 2. In exchange, the United States will provide covenants to the Settling Respondents under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 or 9607, will provide contribution protection for the Settling Respondents, and will waive any lien(s) it may have on the property located at 1100 Umatilla, Denver, Colorado (``Property'') under sections 107(l) and 107(r) of CERCLA, 42 U.S.C. 9607(l) and 9607(r). EPA has notified the State of Colorado (the ``State'') of this action pursuant to section 106(a) of CERCLA, 42 U.S.C. 9606(a). The Property was listed on the NPL as part of OU 2, on September 8, 1983. EPA issued a ROD for OU 2 on September 29, 1987. The ROD called for excavation and off-site disposal of the radium-contaminated soils. During implementation of the ROD, EPA determined that some radium- contaminated soils could be left in place pursuant to supplemental standards and also discovered the lead contaminated soils. It was determined that excavation, treatment, and off-Site disposal were the best response actions for the lead contaminated soils. These changes to the ROD were documented in an Explanation of Significant Differences (ESD) dated September 17, 1993. Operation and maintenance activities still need to be performed at the Property, including implementation of institutional controls, to limit or control disturbances of any contaminated soils left on-Site under supplemental standards, to restrict use of ground water, and to monitor and maintain acceptable radon levels in buildings on the Property.
National Advisory Council for Environmental Policy and Technology
Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. The Council is a panel of experts who represent diverse interests from academia, industry, non- governmental organizations, and local, state, and tribal governments. The purpose of this meeting is to discuss potential NACEPT projects over the coming two years, including review of EPA's Strategic Plan, environmental foresight, environmental technology, and environmental indicators. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/nacept/cal-nacept.htm.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State and Tribal Response Programs
The Environmental Protection Agency (EPA) will begin to accept requests, from December 1, 2005 through January 31, 2006, for grants to supplement State and Tribal Response Programs. This notice provides guidance on eligibility for funding, use of funding, grant mechanisms and process for awarding funding, the allocation system for distribution of funding, and terms and reporting under these grants. EPA has consulted with state and tribal officials in developing this guidance. The primary goal of this funding is to ensure that state and tribal response programs include, or are taking reasonable steps to include, certain elements and a public record. Another goal is to provide funding for other activities that increase the number of response actions conducted or overseen by a state or tribal response program. This funding is not intended to supplant current state or tribal funding for their response programs. Instead, it is to supplement their funding to increase their response capacity. For fiscal year 2006, EPA will consider funding requests up to a maximum of $1.5 million per state or tribe. Subject to the availability of funds, EPA regional personnel will be available to provide technical assistance to states and tribes as they apply for and carry out these grants.
Meeting of the Local Government Advisory Committee
The Local Government Advisory Committee and its three subcommittees; the Small Community Advisory Subcommittee (SCAS), Water Subcommittee and Indicators Subcommittee will meet on November 2-4, 2005 in Washington, DC. The Committee will be discussing continued local government input to EPA environmental indicators, providing comments to EPA on the Thompson report, and reviewing the status of ongoing projects to advise the Agency on Water infrastructure and full cost accounting, including the special needs of small communities. The SCAS, Water and Indicators Subcommittees will meet in separate sessions on Wednesday, November 2 at EPA Headquarters located at 1200 Pennsylvania Ave. NW., Washington, DC. The Subcommittees sessions will begin at 1 p.m. and conclude at 5 p.m. on the 3rd floor of the Ariel Rios North Building in conference rooms 3428, 3528 and 3530. The subcommittees will be discussing State best practices for assisting small towns, the Small Town Alliance, nest steps on EPA's Report on the Environment, and the Great Lakes Regional Collaboration. The Committee will hear comments from the public between 1 p.m.- 1:15 p.m. on Thursday, November 3. Each individual or organization wishing to address the LGAC meeting will be allowed a maximum of five minutes to present their point of view. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule agenda time. Time will be allotted on a first come, first serve basis, and the total period for comments may be extended, if the number of requests for appearances require it. This is an open meeting and all interested persons are invited to attend. LGAC meeting minutes and Subcommittee summary notes will be available after the meeting and can be obtained by written request from the DFO. Members of the public are requested to call the DFO at the number listed below if planning to attend so that arrangements can be made to comfortably accommodate attendees as much as possible. Seating will be on a first come, first serve basis.
National Clean Water Act Recognition Awards: Presentation of Awards During the Water Environment Federation's Technical Exposition and Conference (WEFTEC), and Announcement of 2005 National Awards Winners
The Environmental Protection Agency will recognize municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution abatement programs at the annual Clean Water Act Recognition Awards ceremony during the Water Environment Federation's Technical Exposition and Conference (WEFTEC) in Washington, DC. An inscribed plaque will be presented to first and second place national winners for projects and programs in operations and maintenance at wastewater treatment facilities, biosolids management, pretreatment and storm water management. This action also announces the 2005 national awards winners.
Proposed Settlement Agreement, Clean Air Act Citizen Suit
In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address petitions for review filed by the American Chemistry Council, the General Electric Company and the Coke Oven Environmental Task Force (collectively ``petitioners''). Stan Stephens, et al. v. EPA, Nos. 04-1112, 04-1117, 04-1118, and 04-1119 (D.C. Cir.). In April 2004, petitioners filed petitions for review challenging the final EPA rule entitled ``National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non- Gasoline); Final Rule'' (``OLD''). 69 FR 5038 (February 3, 2004). Under the terms of the proposed settlement agreement, EPA has agreed that: On or before October 31, 2005, the EPA Administrator will sign a notice of proposed rulemaking to amend the OLD as provided in Attachment A to the Settlement Agreement; As part of the proposed amendments to the OLD, EPA will include language in the preamble as provided in Attachment B to the Settlement Agreement; and within 180 days of the date the comment period on the proposed amendments closes, EPA will sign a notice of final rulemaking.
Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide for the 2005 Supplemental Request
Because EPA received adverse comments, we are withdrawing the direct final rule on the supplemental authorization of methyl bromide for critical uses in 2005, published in the Federal Register on August 30, 2005 (70 FR 51270). We stated in the direct final rule that if we received adverse comment by September 29, 2005, we would publish a timely withdrawal in the Federal Register. We received adverse comment on the direct final rule. We will address those comments in a subsequent final action based on the parallel proposal also published on August 30, 2005 (70 FR 51317). As stated in the parallel proposal, we will not institute a second comment period on this action.
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