Environmental Protection Agency April 4, 2008 – Federal Register Recent Federal Regulation Documents

EPA is proposing to conditionally approve State Implementation Plan (SIP) revisions submitted by the State of Florida on February 3, 2006. The proposed revisions modify Florida's Prevention of Significant Deterioration (PSD) permitting regulations in the SIP to address changes to the federal New Source Review (NSR) regulations, which were promulgated by EPA on December 31, 2002, and reconsidered with minor changes on November 7, 2003 (collectively, these two final actions are referred to as the ``2002 NSR Reform Rules''). The proposed revisions include provisions for baseline emissions calculations, an actual-to- projected-actual methodology for calculating emissions changes, options for plantwide applicability limits, and recordkeeping and reporting requirements. As part of the conditional approval, Florida will have twelve months from the date of EPA's final conditional approval of the SIP revisions in which to revise its PSD recordkeeping requirements and several definitions in order to be consistent with existing federal law. In addition to and in conjunction with the proposed conditional approval of Florida's PSD permitting program SIP revisions, EPA is proposing to approve Florida's concurrent February 3, 2006, request to make the State's PSD permitting program applicable to electric power plants which are also subject to the Florida Electrical Power Plant Siting Act (PPSA). This proposed approval follows the receipt of adverse comments on, and EPA's subsequent withdrawal of, EPA's May 25, 2007, direct final rule granting full approval to Florida to implement its PSD permitting program for sources subject to the PPSA.

EPA does not object to the proposed project development. Rating LO. EIS No. 20070545, ERP No. D-IBR-J39037-ND, Northwest Area Water Supply Project, To Construct a Biota Water Treatment Plant, Lake Sakakawea, Missouri River Basin to Hudson Bay Basin, ND. Summary: EPA expressed environmental concerns about ecological consequences associated with the transfer of invasive species as a result of water treatment system or infrastructure failures. The monitoring and system maintenance aspects of an adaptive management plan will help ensure that ecological impacts caused by a potential system failure are avoided and minimized. Rating EC1. EIS No. 20080040, ERP No. D-IBR-K65337-CA, Folsam Lake State Recreation Area & Folsam Powerhouse State Historic Park, General Plan/Resource Management Plan, Implementation, Placer County, CA. Summary: EPA expressed environmental concerns about air quality impacts. EPA requested an analysis of air emissions from current and proposed recreational uses, and to demonstrate general conformity. Rating EC2. EIS No. 20080049, ERP No. D-FRC-G03037-00, Midcontinent Express Pipeline Project, (Docket Nos. CP08-6-000), Construction and Operation to Facilitate the Transport of 1,500, 000 dekatherms per day of Natural Gas from Production Fields in eastern TX, OK, and AR to Market Hub, Located in various counties and parishes in OK, TX, LA, MS and AL. Summary: EPA expressed environmental concerns about air quality impacts, wetland impacts, environmental justice issues, and requested information and mitigation to address these concerns. Rating EC2. EIS No. 20070021, ERP No. DS-BLM-J02039-MT, Montana Statewide Oil and Gas, Development Alternative for Coal Bed Natural Gas Production and Amendment of the Powder River and Billings Resource Management Plans, Additional Information Three New Alternatives, Implementation, U.S. Army COE section 404 Permit, NPDES Permit,Several Cos, MT. Summary: EPA expressed environmental concerns about potential impacts to air quality and water quality. EPA recommended establishment of an air quality stakeholder group; additional near-field air quality modeling; and additional water and air quality monitoring. Rating EC2.