Environmental Protection Agency December 9, 2005 – Federal Register Recent Federal Regulation Documents

On November 25, 2005, EPA incorrectly published a Federal Register Notice titled Northeast Chemical Superfund Site. The notice was published in Volume 70 on page 71142 of the Federal Register. This notice is to revise and change the title to the Solitron Devices, Inc. Superfund Site. This notice also extends the comment period until January 2, 2006. The notice states that under section 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Environmental Protection Agency has entered into a Cost Recovery Settlement with Solitron Devices, Inc. to settle liability at the following Superfund Sites: Solitron Devices Superfund Site located in Riviera Beach, Florida; Solitron Microwave Superfund Site located in Port Salerno, Florida; Petroleum Products Corporation Superfund Site located in Pembroke Park, Florida; City Industries, Inc., Superfund Site located in Orlando, Florida; and the Casmalia Resources Superfund Site located in Santa Barbara County, California.

EPA does not object to the proposed project; however, EPA did request clarification of future environmental monitoring activities. Rating LO. EIS No. 20050382, EDP No. D-BIA-F60008-WI, Menominee Casino-Hotel 223-Acre Fee-to-Trust Transfer and Casino Project, Implementation, Federal Trust, Menominee Indian Tribe of Wisconsin (Tribe), in City of Kenosha and County of Kenosha, WI. Summary: EPA expressed environmental concerns about general conformity, energy and water conservation, and cumulative impacts analysis. Rating EC2. EIS No. 20050406, EDP No. D-FHW-L40228-WA, South Park Bridge Project, Proposes to Rehabilitate or Replace the Historic South Park Ridge over the Duwamish Waterway at 14th/16 Avenue S, U.S. Coast Guard Permit and U.S. Army COE Section 10 and 404 Permits, King County, WA. Summary: EPA expressed environmental concerns about water quality, hazardous waste, and environmental justice impacts related to the project, and requested additional information in the final EIS. Rating EC1. EIS No. 20050421, EDP No. D-HUD-C85046-NY, Ashburton Avenue Master Plan and Urban Renewal Plan/Mulford Hope VI Revitalization Plan, Development, Implementation, Yonkers City, Westchester County, NY. Summary: EPA expressed environmental concerns about air quality impacts and the need for a General Conformity Determination. Rating EC2. EIS No. 20050445, EDP No. D-NPS-J61108-SD, Badlands National Park/ North Unit General Management Plan, Implementation, Jackson, Pennington and Shannon Counties, SD. Summary: EPA expressed environmental concerns about potential air quality, riparian and other water resources, and wildlife habitat impacts, and recommended further evaluation of these impacts, including a discussion of potential mitigation measures, be included in the Final EIS. Rating EC2.

The U.S. Environmental Protection Agency is submitting the draft Quality Assurance Project Plan (QAPP) for the Alternative Asbestos Control Method (AACM) Demonstration Project for independent external peer review. Prior to the meeting of the external peer review panel, there will be a 30-day public comment period. All comments received during this comment period will be shared with the external peer review panel for their consideration. The public release of this draft document is solely for the purpose of seeking public comment. This draft QAPP does not represent and should not be construed to represent any EPA policy, viewpoint, or determination. Members of the public may obtain the draft QAPP from https://www.regulations.gov; or from Dr. Neil Stiber via the contact information below. The U.S. EPA plans to perform a controlled demonstration to evaluate the AACM alongside the current National Emissions Standards for Hazardous Air Pollutants (NESHAP) method. A remote, secure location at Fort Chaffee, Arkansas, has been selected as the site for this demonstration demolition. To facilitate side-by-side comparison, the site has several similar structures with asbestos-containing materials. Additional information about this research project, including a description of the AACM and the project schedule, is available at https://epa.gov/region6/ 6xa/asbestos.htm.

The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources. These regulations apply to certain NSPS promulgated by EPA, as amended through July 1, 2004, and certain NESHAPs promulgated by EPA, as amended through July 1, 2004. The delegation of authority under this notice applies only to sources located in Bernalillo County, New Mexico, and does not extend to sources located in Indian country. EPA is providing notice that it has approved delegation of certain NSPS to ABCAQCB, and taking direct final action to approve the delegation of certain NESHAPs to ABCAQCB.

EPA is proposing to approve a September 30, 2005 request from the designee of the Governor of South Dakota to redesignate the ``Rapid City Area'' under section 107 of the Clean Air Act (CAA) from unclassifiable to attainment for PM-10. EPA is proposing to approve the redesignation request because the State has adequately demonstrated that the ``Rapid City Area'' is in attainment of the PM-10 National Ambient Air Quality Standards (NAAQS) and has committed to the continuation of fugitive dust controls that should help ensure that the area continues to attain the PM-10 NAAQS. The requirements that will apply in the ``Rapid City Area'' will not change as a result of this action because, for the purposes of the requirements of the CAA, unclassifiable and attainment areas are treated the same. This action is being taken under section 107 of the Clean Air Act.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from October 17, 2005 to October 28, 2005, consists of the PMNs pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.