Environmental Protection Agency October 28, 2005 – Federal Register Recent Federal Regulation Documents
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Environmental Impact Statements and Regulations; Availability of EPA Comments
EPA has concerns about the In-Valley Disposal Alternatives because of uncertainties about treatments to remove selenium from drainage water, the lack of information on contaminant profile and disposal of biotreatment and reverse osmosis brine, and potential environmental effects of evaporation ponds and reuse areas. EPA has environmental objections to the San Francisco Delta and Pacific Ocean Disposal Alternatives because of potential adverse effects to the Delta, Estero Bay, and drinking water supply. Rating EO2.
Pennsylvania and Virginia State Plans for Certification of Applicators of Restricted Use Pesticides; Notice of Availability
The States of Pennsylvania and Virginia have submitted to EPA amendments to their respective State Plans for Certification and Training of Applicators of Restricted Use Pesticides. The proposed amendments add new commercial categories for vertebrate pest control. Notice is hereby given of the intention of the Regional Administrator, Region III, to approve the revised Pennsylvania and Virginia Plans for the Certification of Applicators of Restricted Use Pesticides. EPA is soliciting comments on the proposed amendments.
Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
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 request by registrants to voluntarily cancel certain pesticide registrations.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 104(k); and CERCLA Section 104(d); “ ‘Discounted Loans’ Under Brownfields Revolving Loan Fund Grants”
Pursuant to an October 17, 2005 Memorandum signed by Thomas P. Dunne, Acting Assistant Administrator of EPA's Office of Solid Waste and Emergency Response, Brownfields Revolving Loan Fund (RLF) grantees may provide discounted loans in certain situations. RLF grants are awarded to eligible entities provided in section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), to capitalize RLF's for brownfields cleanup. RLF grantees can use their EPA grant funds for loans and subgrants, as well as other eligible activities. The Office of Solid Waste and Emergency Response provides this policy in response to interest by RLF grantees awarded under CERCLA section 104(k) in issuing discounted loans as part of their RLF programs. Such loans were provided for in earlier policies that applied to Brownfields Cleanup Revolving Loan Fund (BCRLF) grants awarded under CERCLA section 104(d). BCRLF grants were awarded starting FY1997 to FY2002, prior to the passage of the Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law). Several BCRLF grantees made discounted loans under CERCLA section 104(d) policies, thereby achieving cleanup goals. However, with the signing of the Brownfields Law, new RLF grants, awarded under 104(k) from FY2003 forward, were left with no provision for the use of discounted loans. This policy meets this need, giving RLF grantees additional options to achieve cleanup goals, in keeping with prudent lending practices.
Final Programmatic Environmental Impact Statement for Mountaintop Mining and Valley Fills
The above agencies announce the availability of the FPEIS that considers developing policies, guidance, and coordinated agency decision-making processes to minimize, to the maximum extent practicable, the adverse environmental effects to waters of the United States and to fish and wildlife resources affected by mountaintop mining operations, and to environmental resources that could be affected by the size and location of excess spoil-disposal sites in valley fills within the Appalachian study area in West Virginia, Kentucky, Virginia, and Tennessee. This FPEIS was prepared as part of a settlement agreement that resolved the Federal claims brought in Bragg v. Robertson, Civ. No. 2:98-0636 (S.D.W.Va.). This FPEIS was prepared consistent with the provision set forth in 40 CFR 1503.4(c) of the Council on Environmental Quality regulations implementing NEPA, which allow the agencies to attach an errata sheet to the statement instead of rewriting the draft statement and to circulate the errata, comments, responses, and the changes, rather than the entire document. The agencies are filing the entire statement with a new cover sheet as the FPEIS. The FPEIS is being made available by mail and can be viewed on the Internet at https://www.epa.gov/region3/ mtntop/index.htm. The FPEIS can also be viewed at local offices of the above agencies and at selected local libraries. Copies of the FPEIS may be obtained by writing to the address listed below.
Pesticide Product; Registration Approval
This notice announces Agency approval of an application to register the pesticide product, Cuelure containing an active ingredient not included in any previously registered product pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.
Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units: Reconsideration
On May 18, 2005, pursuant to section 111 of the Clean Air Act (CAA), EPA published a final rule, entitled ``Standards of Performance for New and Existing Stationary Sources: Electric Steam Generating Units'' (the Clean Air Mercury Rule or CAMR; see 70 FR 28606). The final rule establishes standards of performance for emissions of mercury (Hg) from new and existing coal-fired electric utility steam generating units (Utility Units or EGU). After the notice of final rule appeared in the Federal Register, the Administrator received four petitions for reconsideration of certain aspects of CAMR. In this notice, EPA is announcing reconsideration of specific issues in CAMR, and we are requesting comment on those issues. We are seeking comment only on the aspects of CAMR specifically identified in this notice. We will not respond to any comments addressing other provisions of CAMR or any related rulemakings.
Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units From the Section 112(c) List: Reconsideration
On March 29, 2005, EPA published a final rule entitled ``Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units from the Section 112(c) List'' (Section 112(n) Revision Rule). (See 70 FR 15994.) Following that final action, the Administrator received two petitions for reconsideration. In response to those petitions, EPA is announcing its reconsideration of certain aspects of the Section 112(n) Revision Rule. We are requesting comment on the particular issues identified below for which we are granting reconsideration. Those issues are referenced briefly in the SUPPLEMENTARY INFORMATION section of the preamble and described more fully later in this preamble. We are seeking comment only on the aspects of the Section 112(n) Revision Rule specifically identified in this notice. We will not respond to any comments addressing other aspects of the Section 112(n) Revision Rule or any related rulemakings.
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