Environmental Protection Agency August 2007 – Federal Register Recent Federal Regulation Documents

The Red Dog Mine is an operating mine located in northwestern Alaska, approximately 82 miles north of Kotzebue. The mine is operated by Teck Cominco Alaska Incorporated (TCAK) under an Operating Agreement with the NANA Regional Corporation, the landowner. The Red Dog Mine includes an open pit lead-zinc mine, mill, tailings impoundment, waste rock storage areas, and support facilities. Lead and zinc concentrates are trucked 52 miles from the mine site to the DeLong Mountain Regional Transportation System port facility located on the Chukchi Sea. Nineteen miles of the road passes through Cape Krusenstern National Monument. The mine has been operating since 1989. TCAK has proposed to begin mining, by 2010, the Aqqaluk deposit which is an extension of the existing mine. TCAK proposes to use the existing mill, tailings impoundment, support facilities, road, and port site. The Aqqaluk deposit would extend the life of the Red Dog Mine to approximately 2031. The Red Dog Mine project was evaluated in a previous EIS that was issued in 1984. Permits by the applicable state and federal regulatory programs were issued and the mine proceeded to development and operations. The 1984 EIS did not evaluate impacts from mining the Aqqaluk deposit, therefore EPA determined that a supplemental EIS will be prepared for the Aqqaluk proposal. In addition the supplemental EIS will discuss whether significant impacts or changes occurred that were not anticipated in the 1984 EIS. The administrative actions that the supplemental EIS must address include modifying an existing EPA Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) new source permit for the mine site and issuing a U.S. Army Corps of Engineers CWA Section 404 permit. The U.S. Army Corps of Engineers, the National Park Service, the State of Alaska Department of Natural Resources, the Northwest Arctic Borough, and nine tribal governments (Buckland, Kiana, Kivalina, Kobuk, Kotzebue, Noatak, Noorvik, Selawik, Shungnak) are participating as cooperating agencies in the NEPA process. The Maniilaq Association, a tribal consortium that provides health, social, and tribal services to the region, will represent the nine tribal governments throughout the NEPA process. Alternatives: The supplemental EIS will evaluate the ``no action'' alternative. Additional alternatives will be developed in response to issues raised during the scoping process. For example, there may be waste rock and tailings disposal alternatives, water management alternatives, and/or mine closure alternatives that will be evaluated. Scoping: The public scoping period begins with the publication of this Notice and concludes October 15, 2007. EPA invites Federal agencies, Native Tribes, State and local governments, and members of the public to comment on the scope of the supplemental EIS. Scoping meetings for the purpose of identifying issues to be evaluated in the supplemental EIS will be held in Anchorage on October 2, in Kotzebue on October 3, in Noatak on October 4, and in Kivalina on October 5. The exact locations and times of the meetings will be announced in local papers. The public is invited to attend and identify issues that should be addressed in the SEIS. A scoping document that explains in greater detail the project and alternatives identified at this time will be sent to known interested parties. The public can obtain a copy of the scoping document at the project Web site, www.reddogseis.com, or by contacting Patty McGrath at the phone number, e-mail address, and mailing address listed above in this notice. How to Comment: EPA invites public comment on the proposed scope of this supplemental EIS. Comments may be submitted by mail, electronic mail, or fax, to Patty McGrath at the contact information above, by close of business October 15, 2007. Estimated Date of EIS Release: Summer 2008. Responsible Official: Elin D. Miller, Regional Administrator.

The U.S. Environmental Protection Agency (EPA) is announcing the public comment period for the draft document titled, ``Integrated Science Assessment for Oxides of NitrogenHealth Criteria; First External Review Draft'' (EPA/600/R-07/099). The draft document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development as part of the Agency's review of the air quality criteria for oxides of nitrogen and the primary (health-based) national ambient air quality standards (NAAQS) for nitrogen dioxide (NO2). EPA is releasing this draft document solely for the purpose of seeking comment from the public and the Clean Air Scientific Advisory Committee (CASAC). It does not represent and should not be construed to represent any Agency policy, viewpoint, or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document.

The EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision establishes early fine particulate (PM2.5) transportation conformity emission budgets for the Connecticut portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area. This action is being taken under the Clean Air Act.

This notice announces the availability of new information and data contained in three documents that the Agency is requesting public comments on concerning the management of coal combustion wastes (CCW) in landfills and surface impoundments. The Agency is seeking public comments on how, if at all, this additional information should affect the Agency's decisions as it continues to follow-up on its Regulatory Determination for CCW disposed of in landfills and surface impoundments. The three documents that the Agency is requesting comment on include: a joint U.S. Department of Energy (DOE) and EPA report entitled, Coal Combustion Waste Management at Landfills and Surface Impoundments, 1994-2004; a draft risk assessment conducted by EPA on the management of CCW in landfills and surface impoundments; and EPA's damage case assessment. The Agency solicits comments on the extent to which the damage case information, the results of the risk assessment, and the new liner and ground water monitoring information from the DOE/ EPA report should affect the Agency's decisions. EPA is also requesting direct comment on the draft risk assessment document to help inform a planned peer review. In addition, the Agency has included in the Docket to this Notice of Data Availability (NODA) a rulemaking petition submitted by a number of citizens' groups and several approaches, one prepared by the electric utility industry and the other prepared by a number of citizens' groups, regarding the management of CCW. The Agency will consider all the information provided through this notice, the comments and new information submitted on this notice, as well as the results of a subsequent peer review of the risk assessment as it continues to follow-up on its Regulatory Determination for CCW disposed of in landfills and surface impoundments.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of one meeting of the Board of Scientific Counselors (BOSC) Executive Committee.

EPA has established registration review dockets for the following pesticides: Fenoxaprop-P-ethyl, case 7209, and etofenprox, case 7407. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

This document proposes to establish an exemption from the requirement of a tolerance for residues of dibasic esters (DBE; CAS Reg. No. 95481-62-2) under 40 CFR 180.1277 when used as an inert ingredient solvent material/anti-freeze microencapsulated at 10% weight/weight (W/W) or less in pesticide formulations with the active ingredient cyfluthrin. Whitmire Micro-Gen Research Laboratories, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. New data were received by EPA after the publication of the petitoner's Notice of Filing, therefore, EPA is providing the public with an additional opportunity to comment on the petitioner's request in this proposed rule.

The EPA is announcing a reopening of the public comment period on our proposed amendments for the Prevention of Significant Deterioration New Source Review: Refinements of Increment Modeling Procedures (June 6, 2007). The EPA is reopening the comment period that originally ended on August 6, 2007. The reopened comment period will close on September 28, 2007. The EPA is reopening the comment period because of the number of requests we received in a timely manner.

This regulation establishes tolerances for residues of spinosad in or on fish; fish-shellfish, mollusc; and fish-shellfish, crustacean. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region II, of a proposed de minimis administrative agreement pursuant to Section 122(g) of CERCLA, 42 U.S.C. 9622(g), between EPA and nine (9) settling parties pertaining to the Consolidated Iron and Metal Co. Superfund Site (``Site'') located in the City of Newburgh, Orange County, New York. The settlement requires specified individual payments by each settling party to the EPA Hazardous Substance Superfund Consolidated Iron and Metal Co. Superfund Site Special Account, which combined total $304,916.16. Each settling party's individual settlement amount is considered to be that party's fair share of cleanup costs incurred and anticipated to be incurred in the future, plus a ``premium'' that accounts for, among other things, uncertainties associated with the costs of that future work at the Site. The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating to the Site, subject to limited reservations, and protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. 9613(f)(2) and 9622(g)(5). For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region 2, 290 Broadway, New York, New York 10007-1866.

EPA is taking direct final action to approve a State Implementation Plan (SIP) revision for the State of Texas. This revision adds provisions which incorporate the evaluation of emissions from dockside vessels when reviewing applications for permits for new and modified sources and certain other administrative changes to its air permitting requirements. It also adds provisions concerning compliance with distance limitations, setbacks, and buffers at facilities that are authorized to construct or modify under an air quality standard permit. This action is being taken under section 110 of the Federal Clean Air Act (the Act).

EPA is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from refinery flares and storage tanks at petroleum facilities. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

The EPA is taking direct final action on the General Provisions for Consolidated Federal Air Rule to allow extensions to the deadline imposed for source owners and operators to conduct required performance tests in certain specified force majeure circumstances. On May 16, 2007, we published a final rule that revised the General Provisions for Standards of Performance for New Stationary Sources, for National Emission Standards for Hazardous Air Pollutants, and for National Emission Standards for Hazardous Air Pollutants for Source Categories to allow extensions to the deadline imposed for source owners and operators to conduct required performance tests in certain specified force majeure circumstances. We recently realized that we should have also revised the Consolidated Federal Air Rule to allow for similar extensions.

The Environmental Protection Agency is approving a state implementation plan revision submitted by the State of New Jersey. The State's revision adopts California's second generation low emission vehicle program for light-duty vehicles, LEV II, beginning with the 2009 model year. EPA is not taking action on two provisions of New Jersey's program: the zero-emission vehicle sales mandate and the greenhouse gas emission standards. The intended effect of this rulemaking is to approve a control strategy which will result in emissions reductions that will help New Jersey achieve attainment of national ambient air quality standard for ozone.

The Environmental Protection Agency (EPA) Region 4 is publishing a direct final notice of deletion of the Standard Auto Bumper Site (Site), located in Hialeah, Florida, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 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 Florida, through the Florida Department of Environmental Protection (FDEP) because EPA has determined that all appropriate response actions under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is not appropriate.

EPA does not object to the proposed project, but recommended expanding the purpose and need to include active restoration and monitoring survival of fire-damaged trees across the Tripod burn area to validate the proposed methodology for determining post fire tree mortality. Rating LO.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.

EPA issued five notices in the Federal Register of May 2, 2007, announcing the availability and seeking comments on EPA's revised human health risk assessments and risk mitigation proposal for the fumigants chloropicrin, dazomet, 1,3-dichloropropene, metam potassium, metam sodium, and methyl bromide. On June 20, 2007, EPA issued a notice in the Federal Register extending the comment period for 60 days, until September 3, 2007. This document is extending the comment period for another 60 days, from September 3, 2007 to November 3, 2007, for the five actions.

On April 9, 2007, EPA published a notice of adequacy for the 2006 Motor Vehicle Emissions Budgets (MVEBs) contained in Atlanta's Early Progress Plan. The MVEBs for nitrogen oxide (NOX) and the volatile organic compounds (VOC) were incorrectly stated. This document corrects the notice.

EPA is approving a redesignation request and State Implementation Plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Reading, Berks County, Pennsylvania ozone nonattainment area (Reading Area) be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the PADEP submitted SIP revisions consisting of a maintenance plan for the Reading Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base-year inventory for the Reading Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Reading Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan, and the 2002 base-year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will meet on the dates and times described below. All meetings are open to the public. Members of the public are encouraged to provide comments relevant to the specific issues being considered by the NEJAC. For additional information about registering for public comment, please see SUPPLEMENTARY INFORMATION. Due to limited space, seating at the NEJAC meeting will be on a first-come basis.