Monday August 8, 2011
Final Rules
- Approval and Promulgation of Air Quality Implementation Plans; State of California; Interstate Transport of Pollution; Interference With Prevention of Significant Deterioration Requirement. 40 CFR Part 52 [EPA–R09–OAR–2011–0211; FRL–9446–6]. Final rule. EPA is finalizing a limited
approval and limited disapproval of a state implementation plan (SIP) revision
submitted by the State of California on November 17, 2007, to address the
‘‘transport SIP’’ provisions of Clean Air Act (CAA) section 110(a)(2)(D)(i) for the
1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards) and the 1997 fine particulate matter (PM2.5) NAAQS. Section
110(a)(2)(D)(i) of the CAA requires that each SIP contain, among other things,
adequate measures prohibiting emissions of air pollutants in amounts which will interfere with any other State’s measures required under title I, part C of the CAA to prevent significant deterioration of air quality. EPA is approving California’s SIP revision with respect to those Districts that implement SIP-approved permit programs meeting the approval criteria and simultaneously disapproving California’s SIP revision with respect to those Districts that do not implement SIP-approved permit programs meeting the approval criteria, as discussed in our May 31, 2011 proposed rule (76 FR 31263). DATES: This final rule is effective
September 7, 2011. - Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals. 40 CFR Parts 51, 52, 72, 78, and 97
[EPA–HQ–OAR–2009–0491; FRL–9436–8].In this action, EPA is limiting
the interstate transport of emissions of nitrogen oxides (NOX) and sulfur
dioxide (SO2) that contribute to harmful levels of fine particle matter (PM2.5) and ozone in downwind states. EPA is identifying emissions within 27 states in
the eastern United States that significantly affect the ability of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter national ambient air quality standards (NAAQS) and the 1997 ozone NAAQS. Also, EPA is limiting these emissions through Federal Implementation Plans (FIPs) that regulate electric generating units (EGUs) in the 27 states. This action will substantially reduce adverse air quality impacts in downwind states from
emissions transported across state lines. In conjunction with other federal and
state actions, it will help assure that all but a handful of areas in the eastern part
of the country achieve compliance with the current ozone and PM2.5 NAAQS by
the deadlines established in the Clean Air Act (CAA or Act). The FIPs may not
fully eliminate the prohibited emissions from certain states with respect to the
1997 ozone NAAQS for two remaining downwind areas and EPA is committed
to identifying any additional required upwind emission reductions and taking
any necessary action in a future rulemaking. In this action, EPA is also modifying its prior approvals of certain State Implementation Plan (SIP) submissions to rescind any statements that the submissions in question satisfy the interstate transport requirements of the CAA or that EPA’s approval of the SIPs affects our authority to issue interstate transport FIPs with respect to the 1997 fine particulate and 1997 ozone standards for 22 states. EPA is also issuing a supplemental proposal to request comment on its conclusion that six additional states significantly affect downwind states’ ability to attain and maintain compliance with the 1997 ozone NAAQS. DATES: This final rule is effective on
October 7, 2011. - Limited Federal Implementation Plan; Prevention of Significant Deterioration;
California; North Coast Unified Air Quality Management District. 40 CFR Part 52
[EPA–R09–OAR–2011–0211; FRL–9448–5]. EPA is finalizing a limited Federal Implementation Plan (FIP) for the North Coast Unified Air Quality Management District (NCUAQMD) portion of the California State Implementation Plan (SIP). We proposed this action simultaneously with our proposed limited approval and
limited disapproval of a SIP revision submitted by California to address the
‘‘transport SIP’’ provisions of Clean Air Act (CAA) section 110(a)(2)(D)(i) for the
1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards) and the 1997 fine particulate matter (PM2.5) NAAQS (2007 Transport
SIP) (76 FR 31263, May 31, 2011). This limited FIP establishes Federal Prevention of Significant Deterioration (PSD) permitting requirements for
nitrogen oxides (NOX) emission sources only in the NCUAQMD. DATES: Effective Date: This rule is effective on September 7, 2011. - Cobalt Lithium Manganese Nickel Oxide; Significant New Use Rule. 40 CFR Parts 9 and 721 [EPA–HQ–OPPT–2009–0922; FRL–8878–2]. Final rule. EPA is issuing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified as cobalt lithium manganese nickel oxide (CAS No. 182442–95–1), which was the subject of premanufacture notice (PMN) P–04– 269. This action requires persons who
intend to manufacture, import, or process the chemical substance for a use that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. EPA believes that this action is necessary because the chemical substance may be hazardous to human health and the environment. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. DATES: This final rule is effective September 7, 2011.
Proposed Rule
- Hazardous Chemical Reporting: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II). 40 CFR Part 370 [EPA–HQ–SFUND–2010–0763; FRL–9448–8]. Proposed rule. The U.S Environmental
Protection Agency (EPA or the Agency) is proposing to revise the Emergency
and Hazardous Chemical Inventory Forms (Tier I and Tier II) under Section
312 of the Emergency Planning and Community Right-to-Know Act (EPCRA)
to add new data elements and revise some existing data elements. DATES: Comments must be received on or before October 7, 2011. - Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Carbon Dioxide (CO2) Streams in Geologic Sequestration Activities 40 CFR Parts 260 and 261 [EPA–HQ–RCRA–2010–0695; FRL–9448–9]. Proposed rule. The Environmental Protection Agency (EPA or the Agency) is proposing to revise the regulations for hazardous waste management under the Resource Conservation and Recovery Act (RCRA) to conditionally exclude carbon dioxide (CO2) streams that are hazardous from the definition of hazardous waste, provided these hazardous CO2 streams are captured from emission sources, are injected into Class VI Underground Injection Control (UIC) wells for purposes of geologic sequestration (GS), and meet certain other conditions. EPA is taking this
action because the Agency believes that the management of these CO2 streams
under the proposed conditions does not present a substantial risk to human health or the environment, and therefore additional regulation pursuant to
RCRA’s hazardous waste regulations is unnecessary. EPA expects that this
amendment will substantially reduce the uncertainty associated with
identifying these CO2 streams under RCRA subtitle C, and will also facilitate
the deployment of GS by providing additional regulatory certainty. DATES: Comments must be received on or before October 7, 2011. Under the Paperwork Reduction Act, comments on the information collection provisions must be received by the Office of Management and Budget (OMB) on or before September 7, 2011. - Public Hearing for Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Sulfur. 40 CFR Part 50 [EPA–HQ–OAR–2007–1145; FRL–9449–1]. Proposed rule. The EPA is announcing a public hearing to be held for the proposed rule titled ‘‘Secondary National Ambient Air Quality Standards
for Oxides of Nitrogen and Sulfur’’ which was published in the Federal Register on August 1, 2011. The hearing will be held in Arlington, Virginia on Thursday, August 25, 2011. DATES: The public hearing will be held on August 25, 2011. Please refer to SUPPLEMENTARY INFORMATION for additional information on the public hearing.
Notice
- Agency Information Collection Activities OMB Responses. [FRL–9449–2 ]. Proposed rule. This document announces the Office of Management and Budget
(OMB) responses to Agency Clearance requests, in compliance with the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
Tuesday August 9, 2011
Final Rules
- Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Rules Update. 40 CFR Part 52 [EPA–R05–OAR–2008–0448; FRL–9450–1]. Final rule. EPA is taking several actions on a revision to the Minnesota State
Implementation Plan (SIP) which updates Minnesota’s rules in the SIP.
The Minnesota Pollution Control Agency (MPCA) submitted the SIP
revision to EPA on May 5, 2008. The revisions to Minnesota’s air quality
rules reflect changes that have occurred to the state rules since 1998. EPA is
approving the majority of MPCA’s submittal, which will result in consistent enforceability of rules at the state and Federal levels. EPA is deferring action on two sections of Minnesota’s rules related to the state’s operating permit program. Finally, EPA is disapproving the state’s request to remove the Minneapolis/St. Paul vehicle inspection and maintenance program from the Minnesota SIP. These
actions are consistent with the Clean Air Act (CAA) and EPA regulations. DATES: This direct final rule will be effective October 11, 2011, unless EPA receives adverse comments by September 9, 2011. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. - Approval and Promulgation of Implementation Plans North Carolina: Prevention of Significant Deterioration and Nonattainment New Source Review Rules. 40 CFR Part 52 [EPA–R04–OAR–2005–0534–201113; FRL– 9449–8]. Final rule. EPA is taking final action to approve revisions to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina in three submittals dated November 30, 2005, March 16, 2007, and June 20, 2008. The revisions modify North Carolina’s Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) 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’’). In addition, the revisions address an update to the NSR regulations promulgated by EPA on November 29, 2005 (hereafter referred to as the Ozone Implementation NSR Update) relating to the implementation of the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). EPA proposed to approve these revisions on September 9, 2008, and received adverse comments. In this final action, EPA is also responding to the adverse comments. DATES: This rule will be effective
September 9, 2011. - Import Tolerances; Order Denying ABC’s Petition to Revoke Import Tolerances for Various Pesticides. 40 CFR Part 180 [EPA–HQ–OPP–2009–0629; FRL–8882–5]. Final rule. In this Order, EPA denies a petition requesting that EPA revoke all pesticide ‘‘import’’ tolerances for cadusafos, cyproconazole, diazinon, dithianon, diquat, dimethoate, fenamiphos, mevinphos, methomyl,
naled, phorate, terbufos, and dichlorvos (DDVP) under section 408(d) of the
Federal Food, Drug, and Cosmetic Act (FFDCA). The petition was filed on July
23, 2009, by the American Bird Conservancy (ABC). DATES: This order is effective August 10, 2011. Objections and requests for hearings must be received on or before October 11, 2011, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of International Smelting and Refining Superfund Site. 40 CFR Part 300 [EPA–HQ–SFUND–2000–0003; FRL–9450–4]. Final rule. The Environmental Protection Agency (EPA) Region 8 is publishing a direct final Notice of Deletion of the International Smelting and Refining Superfund Site (Site), located in Tooele, Utah, 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 an
appendix of 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 Utah, through the Utah Department of Environmental Quality (UDEQ) because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. DATES: This direct final deletion is effective October 11, 2011 unless EPA receives adverse comments by September 9, 2011. If adverse comments are received, EPA will publish a timely withdrawal of the direct final deletion in the Federal Register informing the public that the deletion will not take effect.
Proposed Rules
- Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Rules Update. 40 CFR Part 52 [EPA–R05–OAR–2008–0448; FRL–9450–2]. Proposed rule. EPA is proposing to take several actions on a revision to the
Minnesota State Implementation Plan (SIP) which updates Minnesota’s rules
in the SIP. The Minnesota Pollution Control Agency (MPCA) submitted the
SIP revision to EPA on May 5, 2008. EPA is proposing to approve the majority of MPCA’s submittal, which will result in consistent enforceability of rules at the state and Federal levels. EPA is proposing to defer action on two sections of Minnesota’s rules related to the state’s operating permit program. Finally, EPA is proposing to disapprove the state’s request to remove the Minneapolis/St. Paul vehicle inspection and maintenance program from the Minnesota SIP. These actions are approvable because they are consistent with the Clean Air Act (CAA) and EPA regulations. DATES: Comments must be received on or before September 9, 2011. - Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Colorado; Smoke, Opacity and Sulfur Dioxide Rule Revisions; Regulation 1. 40 CFR Part 52 [EPA–R08–OAR–2011–0588; FRL9450–5]. Proposed rule. EPA is proposing to partially approve and partially disapprove revisions to Colorado’s Regulation 1 adopted by the State of Colorado on July 21, 2005 and submitted to EPA on August 8, 2006. The revisions involve the use of obscurants during military exercises while maintaining air quality, averaged emission rate determination over time and recordkeeping requirements. Colorado’s Regulation 1 governs opacity, particulate, sulfur dioxide (SO2), and carbon monoxide (CO) emissions from sources. EPA has determined that most of the revisions in Colorado’s submittal are consistent with the Clean Air Act (CAA) and should be
approved, but a revision to a provision governing fuel burning equipment is not
and should be disapproved. DATES: Comments must be received on or before September 9, 2011. - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the International Smelting and Refining Superfund Site. 40 CFR Part 300 [EPA–HQ–SFUND–2000–0003; FRL–9450–3]. Proposed rule. The Environmental Protection Agency (EPA) Region 8, is issuing a Notice of Intent to Delete the International Smelting and Refining Superfund Site (Site) located in Tooele, Utah 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). The EPA and the State of Utah, through the Utah Department of Environmental Quality (UDEQ), have determined that all appropriate response actions under
CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. DATES: Comments must be received by September 9, 2011. - Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities. 40 CFR Parts 174 and 180 [EPA–HQ–OPP–2008–0168; FRL–8882–8]. Proposed Rule. This document announces the Agency’s receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities. DATES: Comments must be received on or before August 25, 2011.
Notices
- Petition to Maximize Practical Utility of List 1 Chemicals Screened Through EPA’s Endocrine Disruptor Screening Program; Notice of Availability. [EPA–HQ–OPP–2011–0656; FRL–8884–3]. Notice. EPA is seeking public
comment on a June 21, 2011, petition from CropLife America (CLA), Consumer Specialty Products Association (CSPA), and the Responsible Industry for a Sound
Environment (RISE) requesting the Agency develop and publish guidance explaining the criteria by which EPA will make its decisions on data received
in response to the test orders issued under the Endocrine Disruptor
Screening Program. DATES: Comments must be received on or before October 11, 2011. - Agency Information Collection Activities; Proposed Collection; Comment Request. [EPA–HQ–OPPT–2010–1008; FRL–8883–4]. Notice. In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document
announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR, entitled: ‘‘TSCA Section 8(a) Preliminary Assessment Information Rule (PAIR)’’ and identified by EPA ICR No. 0586.12 and OMB Control No. 2070–0054, is scheduled to expire on January 31, 2012. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. DATES: Comments must be received on or before October 11, 2011. - Cancellation of Pesticides for Non- Payment of Year 2011 Registration Maintenance Fees; Correction.[EPA–HQ–OPP–2011–0558; FRL–8883–7]. Notice. EPA issued a notice in the Federal Register of July 27, 2011, concerning cancellation of pesticides for non-payment of year 2011 registration maintenance fees. This document is being issued to correct Table 2 of the cancellation notice by removing five entries which were inadvertently included.
- Petition to Maximize Practical Utility of List 1 Chemicals Screened Through EPA’s Endocrine Disruptor Screening Program; Notice of Availability. [EPA–HQ–OPP–2011–0656; FRL–8884–3]. Notice. EPA is seeking public
comment on a June 21, 2011, petition from CropLife America (CLA), Consumer Specialty Products Association (CSPA), and the Responsible Industry for a Sound
Environment (RISE) requesting the Agency develop and publish guidance explaining the criteria by which EPA will make its decisions on data received
in response to the test orders issued under the Endocrine Disruptor Screening Program. DATES: Comments must be received on or before October 11, 2011.
Thursday August 11, 2011
Final Rules
- Change of Address for Region 1; Technical Correction. 40 CFR Parts 1, 2, 21, 35, 49, 52, 59, 60, 61, 62, 63, 65, 82, 147, 282, 374, 707, and 763 [FRL–9449–3]. Final rule. The Environmental Protection Agency (EPA) is amending its
regulations to reflect a change in address for EPA’s Region 1 office. This
action is editorial in nature and is intended to provide accuracy and clarity
to the agency’s regulations. DATES: This final rule is effective August 11, 2011.
Proposed Rule
- Approval and Promulgation of Implementation Plans; Iowa: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule. 40 CFR Part 52 [EPA–R07–OAR–2011–0470, FRL–9450–8]. Proposed rule. EPA is proposing to approve a revision to the Iowa State Implementation Plan (SIP) relating to regulation of Greenhouse Gases (GHGs) under Iowa’s Prevention of Significant Deterioration (PSD) program. This revision was submitted by the Iowa Department of Natural Resources (IDNR) to EPA on December 22, 2010. It is intended to align Iowa’s regulations with the ‘‘PSD and Title V Greenhouse Gas Tailoring Final Rule.’’ EPA is proposing to approve the revision because the Agency has made the preliminary determination that the SIP
revision, already adopted by Iowa as a final effective rule, is in accordance with the Clean Air Act (CAA or Act) and EPA regulations regarding PSD permitting for GHGs. DATES: Comments must be received on or before September 12, 2011. - Approval and Promulgation of Air Quality Implementation Plans; State of New Jersey; Regional Haze State Implementation Plan. 40 CFR Part 52 [EPA–R02–OAR–2011–0607, FRL–9450–9]. Proposed rule. EPA is proposing to approve
the revision to the State Implementation Plan submitted by the State of New
Jersey on July 28, 2009, and supplemented on December 9, 2010, and March 2, 2011, that addresses regional haze for the first planning period from 2008 through 2018. This revision addresses the requirements of the Clean Air Act and EPA’s rules that require states to prevent any future, and remedy any existing, anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants located over a wide geographic area (also referred to as the ‘‘regional haze program’’). States are required to assure reasonable progress toward the national goal of achieving natural visibility conditions in Class I areas. This plan protects and improves visibility levels in New Jersey’s Class I area, the Brigantine Wilderness Area of the Edwin B. Forsythe National Wildlife Refuge, as well as other Class I areas in the Northeast United States. New
Jersey’s SIP is in two parts: Reasonable Progress and application of Best Available Retrofit Control Technology. EPA is proposing to approve the
Reasonable Progress portion of the plan, since New Jersey has adopted all of the
reasonably available measures recommended by the states during the
development of the SIP. EPA is proposing approval of New Jersey’s plans to implement Best Available Retrofit Technologies on eligible sources, as well New Jersey’s Subchapter 9, Sulfur in Fuels. DATES: Comments must be received on
or before September 12, 2011.
Friday August 12, 2011
Final Rule
- National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Pasley Solvents & Chemicals, Inc. Superfund Site. 40 CFR Part 300 [EPA–HQ–SFUND–1986–0005; FRL–9451–3]. Final rule. The Environmental Protection Agency (EPA) Region 2 is publishing a direct final Notice of Deletion of the Pasley Solvents & Chemicals, Inc Superfund Site (Site), located in the Town of Hempstead, Nassau County, New York, 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 an appendix of 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 York, through the New York State Department of Environmental Conservation (NYSDEC), because EPA has determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. DATES: This direct final deletion is effective September 26, 2011 unless EPA receives adverse comments by September 12, 2011. If adverse comments are received, EPA will publish a timely withdrawal of the direct final deletion in the Federal Register informing the public that the
deletion will not take effect. - Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing; Corrections. 40 CFR Parts 72 and 75 [EPA–HQ–OAR–2009–0837; FRL–9450–7]. Final rule. EPA is taking direct final
action on corrections to the Protocol Gas Verification Program and Minimum
Competency Requirements for Air Emission Testing final rule, which was
published in the Federal Register of March 28, 2011 (76 FR 17288). The final
rule also made a number of other changes to the regulations. 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. DATES: This rule is effective on October 11, 2011 without further notice, unless EPA receives adverse comments by
September 12, 2011. If we receive such comments, we will publish a timely
withdrawal in the Federal Register to notify the public that this direct final
rule will not take effect. - Revisions to the California State Implementation Plan, South Coast Air Quality Management District. 40 CFR Part 52 [EPA–R09–OAR–2011–0416; FRL–9446–7]. Final rule. 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). DATES: Effective Date: This rule is
effective on September 12, 2011.
Proposed Rules
- Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing; Corrections. 40 CFR Parts 72 and 75 [EPA–HQ–OAR–2009–0837; FRL–9450–6]. Proposed rule. 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. DATES: Written comments must be received by September 12, 2011. - National Oil and Hazardous Substance Pollution Contingency Plan National
Priorities List: Deletion of the Pasley Solvents & Chemicals, Inc. Superfund
Site. 40 CFR Part 300 [EPA–HQ–SFUND–1986–0005; FRL–9451–2]. Proposed rule. 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. DATES: Comments must be received by September 12, 2011.
Notice
- Mandan, Hidatsa and Arikara (MHA) Nation’s Refinery, Notice of Availability of the Record of Decision (ROD), National Pollutant Discharge Elimination System (NPDES) Permit. [ER–FRL–8998–5]. Notice. 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
http://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. - Mandan, Hidatsa and Arikara (MHA) Nation’s Refinery, Notice of Availability of the Record of Decision (ROD), National Pollutant Discharge Elimination System (NPDES) Permit. [ER–FRL–8998–5]. Notice. 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 http://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.
