Environmental Protection Agency June 28, 2007 – Federal Register Recent Federal Regulation Documents
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Anaconda/Milgo; Miami, Dade County, FL; Notice of Amended Settlement
In the Federal Register notice dated April 9, 2007 (72 FR 17551), EPA posted a Notice of Settlement under Section 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), concerning the Anaconda/Milgo Superfund Site located in Miami, Dade County, Florida. In the body of the settlement one of the settling PRPs, Dade Metals Corporation, was mistakenly not listed as one of the settling parties. EPA has amended the settlement to add Dade Metals Corporation. The past cost portion of the settlement remains unchanged.
Approval and Promulgation of Implementation Plans: State of Florida; Prevention of Significant Deterioration Requirements for Power Plants Subject to the Florida Power Plant Siting Act; Withdrawal of Direct Final Rule
Due to an adverse comment, EPA is withdrawing the direct final rule published May 25, 2007 (72 FR 29273), approving a revision to the State Implementation Plan of the State of Florida. This revision grants full approval to implement the State's Clean Air Act Prevention of Significant Deterioration program for electric power plants subject to the Florida Electrical Power Plant Siting Act. EPA stated in the direct final rule that if EPA received an adverse comment by June 25, 2007, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comment in a subsequent action.
Standards of Performance for Petroleum Refineries
EPA is announcing that the comment period on the proposed rule amendments for the Standards of Performance for Petroleum Refineries, published on May 14, 2007, is being extended until August 27, 2007.
Clean Water Act Section 303(d): Availability of 52 Total Maximum Daily Loads (TMDLs)
This notice announces the availability of the administrative record file for comment on 52 TMDLs and the calculations for these TMDLs prepared by EPA Region 6 for waters listed in the state of Arkansas under section 303(d) of the Clean Water Act (CWA). These TMDLs were completed in response to the lawsuit styled Sierra Club, et al. v. Browner, et al., No. LR-C-99-114.
Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards for the Denver Early Action Compact
The EPA is taking final action to extend the deferral of the effective date of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) designation for the Denver Early Action Compact (EAC) from July 1, 2007 to September 14, 2007. The EAC areas have agreed to reduce ground-level ozone pollution earlier than the Clean Air Act (CAA) requires. On November 29, 2006, EPA extended the deferred effective date for the Denver EAC area from December 31, 2006, to July 1, 2007. In that final rulemaking, EPA noted that there were issues with Denver's EAC that would need to be addressed before EPA would extend their deferral until April 15, 2008. The action extending the deferral to July 2007 was challenged, and the parties are discussing settlement. EPA is now issuing a short further deferral to preserve the status quo as settlement discussion take place. EPA is issuing at this time a short further deferral of the effective date of Denver's designation for the 8-hour ozone standard from July 1, 2007 to September 14, 2007.
Integrated Science Assessment for Particulate Matter
The U.S. Environmental Protection Agency (EPA), Office of Research and Development National Center for Environmental Assessment (NCEA) is preparing an Integrated Science Assessment (ISA) as part of the review of the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). This ISA is intended to update and revise, where appropriate, the scientific assessment presented in the Air Quality Criteria for Particulate Matter (PM), EPA/600/P-99/002aF-bF, published in October 2004. Interested parties are invited to assist the EPA in developing and refining the scientific information base for PM by submitting research studies that have been published, accepted for publication, or presented at a public scientific meeting.
Science Advisory Board Staff Office; Notification of Public Meetings of the Science Advisory Board Hypoxia Advisory Panel
The EPA's Science Advisory Board (SAB) Staff Office is announcing two public teleconferences of the SAB Hypoxia Advisory Panel to discuss revisions to its draft advisory report concerning the hypoxic zone in the Gulf of Mexico.
Science Advisory Board Staff Office; Request for Nominations for Science Advisory Board Panels on Uncertainty Analysis and Expert Elicitation
The EPA Science Advisory Board (SAB) Staff Office announces the formation of SAB Panels to address issues related to uncertainty analysis and expert elicitation and is soliciting nominations for members of the Panels.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
The Environmental Protection Agency (EPA) Region II is issuing a notice of intent to delete the Mannheim Avenue Dump Superfund Site (Site) located in Galloway Township, New Jersey from the National Priorities List (NPL) and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of New Jersey, through the New Jersey Department of Environmental Protection, have determined that all appropriate response actions under CERCLA, including operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. In the ``Rules and Regulations'' Section of today's Federal Register, we are publishing a direct final notice of deletion of the Mannheim Avenue Dump Superfund Site without prior notice of intent to delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no adverse comment(s) on this notice of intent to delete or the direct final notice of deletion, we will not take further action on this notice of intent to delete. If we receive adverse comment(s), we will withdraw the direct final notice of deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. We will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of deletion which is located in the Rules section of this Federal Register.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
The Environmental Protection Agency (EPA), Region II, announces the deletion of the Mannheim Avenue Dump Superfund Site (Site), located in Galloway Township, New Jersey, from the National Priorities List (NPL) and will consider public comment on this action. The NPL was promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended and is Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This Direct Final Deletion is being published by EPA with the concurrence of the State of New Jersey, through the New Jersey Department of Environmental Protection (NJDEP). EPA and NJDEP have determined that potentially responsible parties have implemented all appropriate response actions under CERCLA, and further remedial action pursuant to CERCLA is not appropriate. Moreover, EPA and NJDEP have determined that the Site poses no significant threat to public health and the environment.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
The Environmental Protection Agency (EPA), Region 2, is issuing a Notice of Intent to Delete the Grand Street Mercury Superfund Site (Site) from the National Priorities List (NPL) and requests public comment on this action. The Grand Street Mercury Site is located in the city of Hoboken, Hudson County, New Jersey. The NPL is Appendix B of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. EPA and the State of New Jersey, through the Department of Environmental Protection (NJDEP), have determined that all appropriate remedial actions have been completed and no further remedial actions are required. In addition, EPA and NJDEP have determined that the cleanup goals attained at this Site are protective of public health and the environment.
Rulemaking on Section 126 Petition From North Carolina To Reduce Interstate Transport of Fine Particulate Matter and Ozone; Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone: Notice of Actions Denying Petitions for Reconsideration
The EPA is providing notice that it has responded to 4 petitions for reconsideration of a final rule published in the Federal Register on April 28, 2006. The rule promulgated Federal implementation plans (FIPs) for the Clean Air Interstate Rule (CAIR) and responded to a petition from North Carolina that was submitted under section 126 of the Clean Air Act (CAIR FIPs-Section 126 Rule). Subsequent to publishing the rule, EPA received 4 petitions for reconsideration from ARRIPA (dated June 26, 2006), Colver Power Project (dated June 27, 2006), the State of North Carolina (dated June 26, 2006), and Southern Environmental Law Center (on behalf of Southern Environmental Law Center, Sierra Club, and Environment North Carolina) (dated June 27, 2006). The EPA considered the petitions and supporting information along with information contained in the rulemaking docket (Docket No. EPA-OAR-HQ-2004-0076) in reaching a decision on the petitions. EPA Administrator Stephen L. Johnson denied the petitions for reconsideration in separate letters to the petitioners dated February 27, 2007 to ARRIPA and to Colver Power Project and dated May 7, 2007 to Southern Environmental Law Center and to the State of North Carolina. The letters explain EPA's reasons for the denials.
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