Environmental Protection Agency August 12, 2011 – Federal Register Recent Federal Regulation Documents

The MHA Nation proposes to construct, own and operate a 13,000 barrels-per-day petroleum refinery on the Fort Berthold Indian Reservation near Makoti in North Dakota. The refinery will produce diesel fuel, gasoline and propane. The NPDES permit will be for surface water discharges associated with the operation of the refinery. EPA's decision to issue the NPDES permit is based on the Environmental Impact Statement (EIS), the Fact Sheet for the NPDES permit and the administrative record for the project. EPA and the Bureau of Indian Affairs issued the draft EIS in June 2006 and the final EIS (FEIS) in August 2009. Since the FEIS was issued, the MHA Nation decided to change the refinery feedstock from synthetic crude oil to the Bakken formation crude. As a result of the feedstock change, EPA evaluated the potential changes in impacts and the analysis in the FEIS. EPA's evaluation is summarized in a Supplemental Information Report (SIR). The FEIS, ROD and SIR are available for review at https:// www.epa.gov/region8/compliance/nepa/mharefinery.html. The appeal period for the NPDES permit decision ends 30 days from the date of this notice in accordance with 40 CFR 124.19.

EPA, Region 2, is issuing a Notice of Intent to Delete the Pasley Solvents & Chemicals, Inc Superfund Site (Site) located in the Town of Hempstead, Nassau County, New York, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an Appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of New York, through the Department of Environmental Conservation (NYSDEC), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

EPA is finalizing approval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) and oxides of sulfur (SOX) emissions from facilities emitting 4 tons or more per year of NOX or SOX in the year 1990 or any subsequent year under the SCAQMD's Regional Clean Air Incentives Market (RECLAIM) program. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is proposing to correct certain portions of the Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing rule. EPA published in the Federal Register of March 28, 2011 (76 FR 17288), a final rule that amends the Agency's Protocol Gas Verification Program (PGVP) and the minimum competency requirements for Air Emission Testing Bodies (AETBs), and makes a number of other changes to the regulation. After the final rule was published, it was brought to our attention that there are some incorrect and incomplete statements in the preamble, some potentially confusing statements in a paragraph of the rule text, and the title of Appendix D to Part 75 was inadvertently changed and is incorrect.