Environmental Protection Agency May 10, 2007 – Federal Register Recent Federal Regulation Documents

EPA proposes to extend certain compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs) while EPA works to complete rulemaking to respond to the decision of the Second Circuit Court of Appeals in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). The sole purpose of this proposed rule is to address timing issues associated with the Agency's response to the Waterkeeper decision. This proposal would revise the dates established in the 2003 CAFO rule and later modified by a rule published in the Federal Register on February 10, 2006, by which facilities newly defined as CAFOs are required to seek permit coverage and by which all permitted CAFOs are required to develop and implement their nutrient management plans (NMPs). EPA is proposing to extend the date by which operations defined as CAFOs as of April 14, 2003, that were not defined as CAFOs prior to that date, must seek NPDES permit coverage, from July 31, 2007, to February 27, 2009. EPA is also proposing to amend the date by which operations that become defined as CAFOs after April 14, 2003, due to operational changes that would not have made them a CAFO prior to April 14, 2003, and that are not new sources, must seek NPDES permit coverage, from July 31, 2007, to February 27, 2009. Finally, EPA is proposing to extend the deadline by which permitted CAFOs are required to develop and implement NMPs, from July 31, 2007, to February 27, 2009.

EPA previously announced the opportunity for public hearing and written comment on the California Air Resources Board's request for a waiver of preemption for its Greenhouse Gas Emission (GHG) regulations for passenger cars, light-duty trucks and medium-duty passenger vehicles beginning with the 2009 model year (MY). This previous announcement occurred on April 30, 2007 at 72 FR 21260. By this notice EPA is announcing the location of the May 22, 2007 hearing which commences at 9 a.m. EPA is also announcing an additional hearing, and location, for May 30, 2007 which will commence at 9 a.m. If you wish to present testimony at the May 22, 2007 hearing please follow the directions provided at 72 FR 21260. If you wish to present testimony at the May 30, 2007 hearing please follow the contact directions below.

As required by section 9(a)(2) of the Federal Advisory Committee Act, we are giving notice that EPA is establishing the Human Impacts of Climate Change Advisory Committee (HICCAC). The purpose of this Committee is to provide advice on the conduct of a study titled ``Analyses of the effects of global change on human health and welfare and human systems'' to be conducted as part of the U.S. Climate Change Science Program (CCSP). This assessment is part of a comprehensive set of assessments identified in the CCSP's Strategic Plan. HICCAC will advise on the specific issues that should be addressed in the assessment, appropriate technical approaches, the nature of information relevant to decision makers, the content of the assessment report, and other scientific and technical matters that may be found to be important to the successful completion of the study. EPA has determined that this federal advisory committee is in the public interest and will assist the Agency in performing its duties under the Clean Water Act, Clean Air Act, and the Global Climate Protection Act. The draft prospectus for the study is on the CCSP Web site at https:// www.climatescience.gov/Library/sap/sap4-6/sap4-6prospectus-fi nal.htm. Copies of the Committee Charter will be filed with the appropriate congressional committees and the Library of Congress.

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a public meeting of the Coastal Elevations and Sea Level Rise Advisory Committee (CESLAC).

The United States Environmental Protection (``EPA'') is proposing to enter into an administrative settlement to resolve claims under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''). In accordance with Section 122(h)(1) of CERCLA, notice is hereby given of a proposed administrative settlement concerning the Hilliard's Creek Site, the Route 561 Dump Site, and the U.S. Avenue Burn Site (collectively referred to as ``the Site''). Section 122(h) of CERCLA provides EPA with the authority to consider, compromise and settle certain claims for costs incurred by the United States. Notice is being published to inform the public of the proposed settlement and of the opportunity to comment. The Site is located in the Borough of Gibbsboro, Camden County, New Jersey. From 1851 to 1978 a paint and varnish manufacturing facility was operational there. As part of its operations, hazardous substances were generated, stored and utilized. The facility included areas used for unloading raw materials from railroad cars, raw materials tank farms including storage tanks constructed prior to 1908, storage areas for drummed raw materials, an industrial/domestic wastewater treatment and disposal system consisting of six unlined percolation/settling lagoons, an extensive system of pipes for the transport of raw materials, and a drum cleaning area. The mixing and processing of raw materials took place in a number of specialized buildings within the facility. In 1978 Sherwin-Williams shut down the production at the Site. As a result of these operations and a release or threatened release of hazardous substances, EPA has undertaken response actions at or in connection with the Site under Section 104 of CERCLA, 42 U.S.C. 9604. Under the terms of the Agreement, Sherwin-Williams will pay a total of $385,000 to reimburse EPA for certain response costs incurred at the Site. In exchange, EPA will grant a covenant not to sue or take administrative action against Sherwin-Williams for reimbursement of past response costs pursuant to Section 107(a) of CERCLA. The Attorney General has approved this settlement. EPA will consider any comments received during the comment period and may withdraw or withhold consent to the proposed settlement if comments disclose facts or considerations that indicate the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, Office of Regional Counsel, 290 Broadway17th floor, New York, New York 10007-1866. Telephone: (212) 637-3111.

This document corrects and clarifies an error in the preamble language of the Richmond-Petersburg 8-hour ozone nonattainment area redesignation request and approval of the associated maintenance plan and 2002 base-year inventory.