Environmental Protection Agency June 8, 2007 – Federal Register Recent Federal Regulation Documents
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EPA and Army Corps of Engineers Guidance Regarding Clean Water Act Jurisdiction after Rapanos
The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers are today issuing agency guidance, effective immediately, regarding Clean Water Act (CWA) jurisdiction following the U.S. Supreme Court's decision in the consolidated cases Rapanos v. United States and Carabell v. United States (``Rapanos''). The agencies are issuing this guidance to ensure that jurisdictional determinations, administrative enforcement actions, and other relevant agency actions being conducted under the CWA are consistent with the Rapanos decision and provide effective protection for public health and the environment. The agencies are concurrently providing a six-month public comment period to solicit input on early experience with implementing the guidance. The agencies, within nine months from the date of issuance, will either reissue, revise, or suspend the guidance after carefully considering the public comments received and field experience with implementing the guidance.
EPA Science Advisory Board Staff Office; Request for Nominations of Candidates for the EPA Clean Air Scientific Advisory Committee and the Science Advisory Board
The U.S. Environmental Protection Agency's (EPA) Science Advisory Board (SAB) Staff Office is soliciting nominations for consideration of membership on EPA's Clean Air Scientific Advisory Committee (CASAC), and EPA's Science Advisory Board (SAB or Board) and its Subcommittees.
Science Advisory Board Staff Office EPA Clean Air Scientific Advisory Committee (CASAC) Notification of Public Advisory Committee Meeting of the CASAC Panel for Review of EPA's Lead Renovation, Repair and Painting (LRRP) Activities
The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee (CASAC) Panel for Review of EPA's Lead Renovation, Repair, and Painting (LRRP) Activities (CASAC Panel) to conduct a peer review of EPA's Draft Approach for Estimating Changes in Children's IQ from Lead Dust Generated During Renovation, Repair, and Painting in Residences and Child-Occupied Facilities (Draft LRRP Activity IQ-Change Methodology, June 2007) and the Draft Final Report on Characterization of Dust Lead Levels After Renovation, Repair, and Painting Activities (OPPT Dust Study, January 2007).
Phase 2 of the Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard-Notice of Reconsideration
On December 19, 2006, EPA published, as a proposed rule, a notice of reconsideration for several aspects of the November 29, 2005, Phase 2 of the final rule to implement the 8-hour ozone national ambient air quality standard (NAAQS). These issues relate to nitrogen oxide (NOX) reasonably available control technology (RACT) for electric generating units (EGUs) in Clean Air Interstate Rule (CAIR) states and to certain new source review (NSR) provisions. The notice of reconsideration was published as a result of a petition for reconsideration which had been submitted by the Natural Resources Defense Council. In this action, EPA summarizes and responds to comments received in response to the notice of reconsideration, and EPA announces its final actions taken in response to these comments. As a result of this reconsideration process, EPA is changing the deadline for states in the CAIR region to submit EGU NOX RACT SIPs subpart 2 ozone nonattainment areas classified as moderate and above. EPA is also modifying its guidance on the issue of NOX RACT for EGUs in CAIR states.
Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Stationary Source Permits
On April 17, 2007 (72 FR 19144), EPA proposed certain approvals and certain disapprovals of revisions to the Nevada State Implementation Plan (SIP) submitted to EPA by the Nevada Division of Environmental Protection. These revisions involve State rules governing applications for, and issuance of, permits for stationary sources, but not including review and permitting of major sources and major modifications under parts C and D of title I of the Clean Air Act. EPA is extending the comment period to August 17, 2007.
Availability of FY 06 Grantee Performance Evaluation Reports for the Eight States of EPA Region 4 and 15 Local Agencies, and FY 05 Grantee Performance Evaluation Reports for Four Local Agencies
EPA's grant regulations (40 CFR 35.115) require the Agency to evaluate the performance of agencies which receive grants. EPA's regulations for regional consistency (40 CFR 56.7) require that the Agency notify the public of the availability of the reports of such evaluations. EPA performed end-of-year evaluations of eight state air pollution control programs (Alabama Department of Environmental Management; Florida Department of Environmental Protection; Georgia Department of Natural Resources; Commonwealth of Kentucky Department for Environmental Protection; Mississippi Department of Environmental Quality; North Carolina Department of Environment and Natural Resources; South Carolina Department of Health and Environmental Control; and Tennessee Department of Environment and Conservation) and 15 local programs (City of Huntsville Division of Natural Resources, AL; Jefferson County Department of Health, AL; Broward County Environmental Protection Department, FL; City of Jacksonville Environmental Quality Division, FL; Hillsborough County Environmental Protection Commission, FL; Miami-Dade County Air Quality Management Division, FL; Palm Beach County Health Department, FL; Pinellas County Department of Environmental Management, FL; Forsyth County Environmental Affairs Department, NC; Mecklenburg County Land Use and Environmental Services Agency, NC; Western North Carolina Regional Air Quality Agency, NC; Chattanooga-Hamilton County Air Pollution Control Bureau, TN; Memphis-Shelby County Health Department, TN; Knox County Department of Air Quality Management, TN; and Metropolitan Government of Nashville and Davidson County Public Health Department, TN). The 23 evaluations were conducted to assess the agencies' FY 06 performance under the grants awarded by EPA under authority of section 105 of the Clean Air Act. EPA Region 4 has prepared reports for each agency identified above and these reports are now available for public inspection. The evaluation for the remaining local government (Louisville Metro Air Pollution Control District, KY) will be published at a later date. In addition, EPA performed end-of-year evaluations in FY 05 of four local air pollution control programs (Broward County Environmental Protection Department, FL; Pinellas County Department of Environmental Management, FL; Louisville Metro Air Pollution Control District, KY; and Chattanooga-Hamilton County Air Pollution Control Bureau, TN). EPA has prepared reports for these evaluations and these reports are now available for public inspection.
Environmental Impact Statements and Regulations; Availability of EPA Comments
EPA expressed environmental concerns about impacts to coral reef ecosystems and recommended additional mitigation for sedimentation impacts, evaluation of a less-damaging alternative, and selection of Sella Bay coral reef restoration as compensatory mitigation. Rating EC2. EIS No. 20070091, ERP No. D-NPS-F65066-MN, Pipestone National Monument General Management Plan, Implementation, Pipestone County, MN Summary: EPA expressed environmental concerns about habitat, historic preservation, land use, threatened and endangered species, and noise. EPA suggested modifications to existing alternatives, and recommended green architectural features. Rating EC2. EIS No. 20070109, ERP No. D-NGB-E11062-MS, Camp Shelby Joint Force Training Center, Implementation of Installation Mission Support Activities, Renewal of Special Use Permit, DeSoto National Forest, in portions of Forrest, George and Perry Counties, MS Summary: EPA expressed environmental concerns about wetland and water quality impacts associated with the proposed action. EPA supports a comprehensive monitoring program to ensure that the ongoing impacts from military training are assessed and appropriately addressed/ mitigated once identified. Rating EC2. EIS No. 20070115, ERP No. D-FAA-E51052-FL, Fort Lauderdale- Hollywood International Airport, Proposed Development and Extension of Runway 9R/27L and other Associated Airport Projects, Funding, U.S. Army COE Section 404 Permit and NPDES Permit, Fort Lauderdale, Broward County, FL Summary: EPA expressed concern about aircraft noise impacts and air quality impacts related to PM2.5. EPA recommends that the final EIS discuss approaches to minimize and mitigate noise and air quality impacts. Rating EC2. EIS No. 20070123, ERP No. D-IBR-K31019-CA, North Sonoma County Agricultural Reuse Project, Construct and Operate a Recycled Water to Agricultural Lands, Sonona County, CA Summary: EPA expressed concern about air and water quality impacts. Rating EC2. EIS No. 20070072, ERP No. DA-FHW-E40339-NC, NC 12 Replacement of Herbert C. Bonner Bridge (Bridge No. 11) Revisions and Additions, over Oregon Inlet Construction, Funding, U.S. Coast Guard Permit, Special- Use-Permit, Right-of-Way Permit, U.S. Army COE Section 10 and 404 Permit, Dare County, NC Summary: EPA expressed concern about impacts to a national wildlife refuge and national seashore and questioned the long-term effects to water quality and migratory birds. Rating EC2. EIS No. 20070063, ERP No. DS-USN-D52000-00, Introduction of F/A 18 E/F (Super Hornet) Aircraft, Updated Information, Construction and Operation of an Outlying Landing Field, Naval Air Station (NAS) Oceana, VA; Marine Corps Air Station (MCAS) Cherry Point, NC Summary: EPA has concerns about the potential environmental impacts of locating an outlying landing field in close proximity to the nationally-significant Pocosin Lakes National Wildlife Refuge. EPA recommends that the Navy reconsider other available alternatives. Rating EC2. FINAL EISs EIS No. 20070099, ERP No. F-SFW-K65313-CA, San Joaquin Valley Operations and Maintenance Program Habitat Conservation Plan, Application for Incidental Take Permits, San Joaquin, Stanislaus, Merced, Fresno, Kings, Kern Mariposa, Madera and Tulare Counties, CA Summary: No formal comment letter was sent to the preparing agency. EIS No. 20070148, ERP No. F-FHW-E40796-NC, U.S 64 Corridor Project, Transportation Improvements in the Vicinity of the City of Asheboro and Improved Access to the NC Zoological Park, Funding and COE Section 404 Permit, Transportation Improvement Program (TIP) Project No. R-2536, Randolph County, NC Summary: EPA continues to have environmental concerns about stream/ wetland impacts, terrestrial forest impacts, and short-term air quality impacts. EPA requested additional interchange design considerations to avoid and minimize impacts to streams and wetlands. EIS No. 20070156, ERP No. F-NOA-K90031-CA, Channel Islands National Marine Sanctuary (CINMS) Project, Establishment of No-ake and Limited- Take Marine Zones, Protection of Sanctuary Biodiversity, CA Summary: No formal comment letter was sent to the preparing agency. EIS No. 20070161, ERP No. F-IBR-G39046-00, Upper Rio Grande Basin Water Operations Review, Preferred Alternative E-3, To Develop an Integrated Plan for Water Operations at the Existing Facilities, NM, CO and TX Summary: No formal comment letter was sent to the pareparing agency. EIS No. 20070162, ERP No. F-FRC-G03033-LA, Kinder Morgan Louisiana Pipeline Project, Natural Gas Pipeline Facilities, Construction and Operation, U.S. Army COE Section 10 and 404 Permits, Evangeline, Cameron, and Acadia Parishes, LA Summary: No formal comment letter was sent to the preparing agency. EIS No. 20070126, ERP No. FS-AFS-K65286-CA, Watdog Project, Preferred Alternative is B, Feather River Ranger District, Plumas National Forest, Butte and Plumas Counties, CA Summary: EPA has continuing concerns about cumulative impacts to watersheds and short-term impacts to old-forest species, and continues to recommend a less-intensive harvest alternative.
Petition for Reconsideration and Proposal for Withdrawal of Findings of Significant Contribution and Rulemaking for Georgia for Purposes of Reducing Ozone Interstate Transport
In this action, we are requesting comments on EPA's response to a Petition for Reconsideration regarding a final rule we issued under Section 110 of the Clean Air Act (CAA) related to the interstate transport of nitrogen oxides (NOX). On April 21, 2004, we issued a final rule (Phase II NOX SIP Call Rule) that required the State of Georgia to submit revisions to its State Implementation Plan (SIP) that prohibit specified amounts of NOX emissionsone of the precursors to ozone (smog) pollutionfor the purposes of reducing NOX and ozone transport across State boundaries in the eastern half of the United States. This rule became effective on June 21, 2004. Subsequently, the Georgia Coalition for Sound Environmental Policy (GCSEP or Petitioners) filed a Petition for Reconsideration requesting that EPA reconsider the applicability of the NOX SIP Call Rule to the State of Georgia. In response to this Petition, and based upon review of additional available information, EPA is proposing to remove Georgia from the NOX SIP call region. Specifically, EPA proposes to rescind the applicability of the requirements of the Phase II NOX SIP Call Rule to the State of Georgia, only.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX
EPA is taking final action to approve revisions to the Commonwealth of Pennsylvania State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for five major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's (Pennsylvania's or the Commonwealth's) SIP-approved generic RACT regulations. EPA is approving these revisions in accordance with the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans for Arizona; Maricopa County PM-10 Nonattainment Area; Serious Area Plan for Attainment of the 24-Hour and Annual PM-10 Standards
On July 25, 2002, EPA approved under the Clean Air Act (CAA) the serious area particulate matter (PM-10) plan for the Maricopa County portion of the metropolitan Phoenix (Arizona) nonattainment area (Maricopa County area). Among other things, EPA approved the best available control measure (BACM) and most stringent measure (MSM) demonstrations in the plan and granted the State's request for an attainment date extension for the area. EPA's approval was challenged in the U.S. Court of Appeals for the Ninth Circuit. In response to the Court's remand, EPA reassessed the BACM and MSM demonstrations for the significant source categories of on-road motor vehicles and nonroad engines and equipment exhaust, specifically regarding whether California Air Resources Board (CARB) diesel is a BACM and/or MSM. As a result of this reassessment, EPA again approved the BACM and MSM demonstrations in the plan and granted the State's request to extend the attainment deadline from 2001 to 2006. In light of its recent finding that the Maricopa County area failed to attain the 24-hour PM- 10 National Ambient Air Quality Standard (NAAQS) by December 31, 2006, EPA is again reassessing the BACM and MSM demonstrations in the plan and is again proposing to approve these demonstrations.
National Oil and Hazardous Substances Pollution Contingency Plan; Responsibility and Organization for Response; General Organization Concepts
The Environmental Protection Agency issued a final rule in the Federal Register on September 15, 1994 that revised the National Contingency Plan to incorporate amendments to the Clean Water Act that were enacted with the Oil Pollution Act of 1990. This document is being issued to update one of the figures, ``U.S. Coast Guard Districts Atlantic and Pacific Area Commands,'' found in the National Contingency Plan. The United States Coast Guard revised their District boundaries in November 2006.
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