Environmental Protection Agency October 19, 2007 – Federal Register Recent Federal Regulation Documents

The EPA's Science Advisory Board (SAB) Staff Office is announcing a public teleconference of the SAB Hypoxia Advisory Panel to discuss comments from the chartered SAB, external reviewers and the public on its public draft (August 30, 2007) ``Hypoxia in the Northern Gulf of Mexico: An Update by the EPA Science Advisory Board.''

EPA expressed environmental concerns about the impacts to groundwater and karst topography, as well as an unavoidable number of sinkholes that will be directly and indirectly impacted by the project. EPA is also concerned that the preferred alternative would also result in indirect adverse effects on two historic sites. Rating EC1. EIS No. 20070322, ERP No. D-NPS-K61167-AZ, Saguaro National Park General Management Plan, Implementation, Rincon Mountain District and Tucson Mountain District, Pima County, AZ. Summary: EPA has no objections to this project. Rating LO. EIS No. 20070356, ERP No. D-FRC-J03019-CO, High Plains Expansion Project, (Docket No. CP07-207-000) Natural Gas Pipeline Facility, Construction and Operation, U.S. Army COE 404, Weld, Adams, and Morgan Counties, CO. Summary: EPA expressed environmental concerns about impacts to water quality, wetlands, and wildlife from proposed pipeline water crossing construction. EPA requested additional analysis of construction methods and mitigation measures in Final EIS. Rating EC2. EIS No. 20070363, ERP No. D-COE-K28022-CA, Carryover Storage and San Vicente Dam Raise Project, Providing Additional Storage Capacity for 100,000 area feet of Water by the Year 2011, Issuance of Permits, Section 10 and 404 Permits, San Diego County, CA. Summary: EPA expressed environmental concerns about air, water and noise impacts, and requested additional information regarding the project's ``Purpose and Need'' statement, proposed compensatory mitigation sites for impacts to waters of the United States, efficient use of the emergency and new carryover storage, and mitigation measures for identified adverse air and noise impacts. Rating EC2. EIS No. 20070311, ERP No. DS-COE-J28021-CO, Rueter-Hess Reservoir Expansion Project, Enlarges Reservoir to Provide Storage of Denver Basin Groundwater for Meeting Peak Municipal Water Supply, U.S. Army COE Section 404 Permit, Town of Parker, Douglas County, CO. Summary: EPA expressed environmental concerns about the lack of information regarding future water supplies, and impacts to aquatic resources at Cherry Creek and Cherry Creek Reservoir. EPA also expressed concerns that the project's purpose and need statement was narrowly defined, thereby eliminating some potential project alternatives from consideration. Rating EC2.

The Environmental Protection Agency Region IX is approving a modification to California's municipal solid waste landfill (MSWLF) permit program to allow the State to issue research, development, and demonstration (RD&D) permits for new and existing MSWLF units and lateral expansions. The approved modification allows the Director of the state program to provide a variance from certain MSWLF criteria, provided that the MSWLF owner/operator demonstrates that compliance with the RD&D permit will not increase risk to human health and the environment over a standard MSWLF permit. The Director may provide a variance from existing requirements of MSWLF criteria for run-on control systems, liquids restrictions, and final cover.

On March 26, 2007, the Indiana Department of Environmental Management (IDEM) submitted a request for EPA approval of a redesignation of Boone, Hamilton, Hancock, Hendricks, Johnson, Madison, Marion, Morgan, and Shelby Counties (the Central Indiana Area) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). IDEM also requested EPA approval of an ozone maintenance plan for this area as a revision of the Indiana State Implementation Plan (SIP). The maintenance plan demonstrates maintenance of the ozone NAAQS in this area through 2020 and establishes 2006 and 2020 motor vehicle Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) emission budgets for this area. EPA is making a determination that the Central Indiana Area has attained the 8-hour ozone NAAQS. EPA is approving, as a SIP revision, the State's ozone maintenance plan for this area. Indiana has satisfied the criteria for the redesignation of the Central Indiana Area to attainment of the 8-hour ozone NAAQS, and, therefore, EPA is approving Indiana's ozone redesignation request for this area. Further, EPA is approving, for purposes of transportation conformity, the VOC and NOX Motor Vehicle Emission Budgets (MVEBs) for 2006 and 2020 that are contained in the 8-hour ozone maintenance plan. EPA proposed these actions on July 31, 2007, and received only one comment in response supporting the proposed actions.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Mercer County portion of the Youngstown-Warren-Sharon, OH-PA 8-hour ozone nonattainment area (``Youngstown Area'' or ``Area'') be redesignated as attainment for the 8-hour ozone ambient air quality standard (NAAQS). The Area is comprised of Mercer County, Pennsylvania and Trumbull, Mahoning, and Columbiana Counties, Ohio. EPA is approving the ozone redesignation request for Mercer County. In a separate rulemaking action (72 FR 32190, June 12, 2007) EPA approved the ozone redesignation request for Trumbull, Mahoning, and Columbiana Counties, Ohio. In conjunction with its redesignation request, PADEP submitted a SIP revision consisting of a maintenance plan for Mercer County 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 Mercer County which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Mercer County 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 (CAA).

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. The Council is a panel of individuals who represent diverse interests from academia, industry, non-governmental organizations, and local, state, and tribal governments. The purpose of this meeting is to review and approve three sets of recommendations: (1) NACEPT's Draft Environmental Stewardship/ Cooperative Conservation Report, (2) NACEPT's Draft Comments on EPA's 2007 Report on the Environment: Highlights of National Trends, and (3) NACEPT's Draft Advice Letter on EPA's Role in Biofuels. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/ nacept/cal-nacept.htm.