Environmental Protection Agency October 31, 2005 – Federal Register Recent Federal Regulation Documents

In accordance with the Agency's May 24, 1995, ``Guidance on Agreements with Prospective Purchasers of Contaminated Property,'' notice is hereby given of a proposed prospective purchaser agreement (``PPA agreement'') with The Stop & Shop Supermarket Company LLC (``Respondent'') concerning Respondent's ground lease of an approximately 9-acre parcel of real property (the ``Property'') included within the Liberty Industrial Finishing Superfund Site in the Village of Farmingdale, Town of Oyster Bay, Nassau County, New York (the ``Site'') and Respondent's potential use of the Property by construction and operation of a shopping center including a supermarket and fueling facility. Under the PPA agreement, the United States would covenant not to sue or take administrative action against Respondent under section 106 or 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA'') if Respondent becomes an operator of the Property. In consideration, Respondent would perform work at the Site that EPA has valued at approximately $100,000 and will also pay to EPA the amount of $12,500. By publication of this Notice, a thirty (30) day period has been established in which the Agency will accept written comments relating to the PPA agreement. The Agency will consider all comments received and may modify or withdraw its consent to the PPA agreement if comments received disclose facts or considerations which indicate that the agreement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, Region II, Office of Regional Counsel, New York/Caribbean Superfund Branch, 290 Broadway, 17th Floor, New York, NY 10007-1866.

This notice announces the Twelfth Meeting of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force. The purpose of this Task Force, consisting of Federal, State, and Tribal members, is to lead efforts to coordinate and support nutrient management and hypoxia- related activities in the Mississippi River and Gulf of Mexico watersheds. The major matters to be discussed at the meeting is the activities of the Sub-Basin Teams and the Reassessment of the Action Plan for Reducing, Mitigating, and Controlling Hypoxia in the Northern Gulf of Mexico. The Action Plan was developed in fulfillment of a requirement of section 604(b) of the Harmful Algal Blooms and Hypoxia Research Control Act (Pub. L. 105-383Coast Guard Authorization Act of 1998) to submit a scientific assessment of hypoxia and a plan for reducing, mitigating, and controlling hypoxia in the Gulf of Mexico. The Action Plan was submitted as a Report to Congress on January 18, 2001, and the eleventh action item is a reassessment of the actions every five years. The public will be afforded an opportunity to provide input to the Task Force during open discussion periods.

This notice announces the availability of correspondence and the Environmental Protection Agency's (EPA's) response to inquiries regarding the Concentrated Animal Feeding Operations (CAFOs) regulations. EPA received inquiries on the permit application date in the CAFOs regulation and whether, in response to the February 28, 2005, decision by the Second Circuit Court of Appeals issued in Waterkeeper v. EPA, 399 F.3d 486 (2nd Cir. 2005), the permit application date may be extended. The 2003 CAFO rule (68 FR 7176) (``National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations''), hereafter known as the ``2003 CAFO rule,'' contains the requirement that by February 13, 2006, all newly defined CAFOs must apply for a National Pollutant Discharge Elimination System (NPDES) permit. The 2003 CAFO rule also requires that all CAFOs develop and implement a Nutrient Management Plan by December 31, 2006. EPA is in the process of developing options for revising the 2003 CAFO rule to comply with the Second Circuit Court of Appeals' decision. The schedule for final action provides for a full and ample opportunity for public notice and comment, but it is not consistent with completion by February 13, 2006. As a result, EPA will propose to extend the permit application date of February 13, 2006, and the Nutrient Management Plan due date of December 31, 2006, in a separate NPRM. This second action will be proposed and finalized by February 13, 2006. The correspondence and the EPA's response have been added to the rulemaking docket and are available to the public.