Notice of Availability of Correspondence Regarding Revisions to the National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations, 62275-62276 [05-21527]

Download as PDF Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules 62275 TABLE 6 TO SUBPART DDDDD OF PART 63.—FUEL ANALYSIS REQUIREMENTS—Continued [As stated in § 63.7521, you must comply with the following requirements for fuel analysis testing for existing, new or reconstructed affected sources:] To conduct a fuel analysis for the following pollutant... You must... Using... f. Measure chlorine concentration in fuel sample. SW–846–9250 or ASTM D6721–01 (for coal) or ASTM E776–87 (1996) (for biomass) (IBR, see § 63.14(b)) or equivalent. g. Convert concentrations into units of pounds of pollutant per MMBtu of heat content. [FR Doc. 05–21531 Filed 10–28–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 122 and 412 [OW–2005–0036; FRL–OW–2005–0000; FRL–7990–5] Notice of Availability of Correspondence Regarding Revisions to the National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations Environmental Protection Agency (EPA). ACTION: Notice of data availability. AGENCY: SUMMARY: This notice announces the availability of correspondence and the Environmental Protection Agency’s (EPA’s) response to inquiries regarding the Concentrated Animal Feeding Operations (CAFOs) regulations. EPA received inquiries on the permit application date in the CAFOs regulation and whether, in response to the February 28, 2005, decision by the Second Circuit Court of Appeals issued in Waterkeeper v. EPA, 399 F.3d 486 (2nd Cir. 2005), the permit application date may be extended. The 2003 CAFO rule (68 FR 7176) (‘‘National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations’’), hereafter known as the ‘‘2003 CAFO rule,’’ contains the requirement that by February 13, 2006, all newly defined CAFOs must apply for a National Pollutant Discharge Elimination System (NPDES) permit. The 2003 CAFO rule also requires that all CAFOs develop and implement a Nutrient Management Plan by December 31, 2006. EPA is in the process of developing options for revising the 2003 CAFO rule to comply with the Second Circuit Court of Appeals’ decision. The schedule for final action provides for a full and VerDate Aug<31>2005 17:43 Oct 28, 2005 Jkt 208001 ample opportunity for public notice and comment, but it is not consistent with completion by February 13, 2006. As a result, EPA will propose to extend the permit application date of February 13, 2006, and the Nutrient Management Plan due date of December 31, 2006, in a separate NPRM. This second action will be proposed and finalized by February 13, 2006. The correspondence and the EPA’s response have been added to the rulemaking docket and are available to the public. ADDRESSES: Copies of the correspondence may be obtained from EPA’s Office of Water docket identified by Docket ID No. OW–2005–0036, by one of the following methods: (1) Agency Web site: https:// www.epa.gov/edocket. EDOCKET, EPA’s electronic public docket. (2) E-mail: ow-docket@epa.gov, Attention Docket ID No. OW–2005– 0036. SUPPLEMENTARY INFORMATION: I. General Information A. Interested Entities Categories and entities interested in today’s notice include: Examples of interested entities Category State/Local/ Tribal Government Industry ....... PO 00000 Frm 00019 Operators of animal production operations that meet the definition of a CAFO. Beef cattle feedlots (including veal). Beef cattle ranching and farming. Hogs. Sheep. General livestock except dairy and poultry. Dairy farms. Broilers, fryers, and roaster chickens. Chicken eggs. Turkey and turkey eggs. Poultry hatcheries. Poultry and eggs. Ducks. Fmt 4702 Sfmt 4702 Category Examples of interested entities Horses and other equines. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that may be interested in this notice. B. How Can I Get Copies of This Document and Other Related Information? 1. Docket. EPA has established an official public docket for the Revisions to the National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations under Docket ID No. OW– 2005–0036. The official public docket consists of the correspondence received on the CAFO 2003 rule and the February 28, 2005, decision by the Second Circuit Court of Appeals issued in Waterkeeper v. EPA, and EPA’s response to this correspondence. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at Water Docket in the EPA Docket Center, (EPA/ DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Water Docket is (202) 566–2426. To view these documents materials, please call ahead to schedule an appointment. Every user is entitled to copy 266 pages per day before incurring a charge. The Docket may charge 15 cents a page for each page over the 266-page limit plus an administrative fee of $25.00. E:\FR\FM\31OCP1.SGM 31OCP1 62276 Federal Register / Vol. 70, No. 209 / Monday, October 31, 2005 / Proposed Rules An electronic version of the public docket is available through EPA’s electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at https://www.epa.gov/edocket/ to view scientific views, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select ‘‘search,’’ then key in the appropriate docket identification number. 2. Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the Federal Register listings at https://www.epa.gov/fedrgstr/. Dated: October 25, 2005. Brent Fewell, Acting Assistant Administrator Office of Water. [FR Doc. 05–21527 Filed 10–28–05; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Office of the Secretary 49 CFR Part 40 [Docket OST–2003–15245] RIN 2105–AD55 Procedures for Transportation Workplace Drug and Alcohol Testing Programs Office of the Secretary, DOT. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Department of Transportation is proposing to amend certain provisions of its drug and alcohol testing procedures to change instructions to laboratories, medical review officers, and employers with respect to adulterated, substituted, diluted, and invalid specimen results. These proposed changes are intended to create consistency with specimen validity requirements established by the U.S. Department of Health and Human Services and to modify some measures taken in two of our own interim final rules. This NPRM also proposes to make specimen validity testing mandatory within the regulated transportation industries. Comments to the notice of proposed rulemaking should be submitted by December 30, 2005. Latefiled comments will be considered to the extent practicable. ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 15245] by any of the following methods: DATES: VerDate Aug<31>2005 17:43 Oct 28, 2005 Jkt 208001 • Web Site: https://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 am and 5 pm, Monday through Friday, except Federal Holidays. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to https://dms.dot.gov. including any personal information provided. Please see the Privacy Act heading under Regulatory Notices. Docket: For access to the docket to read background documents or comments received, go to https:// dms.dot.gov at any time or to Room PL– 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 am and 5 pm, Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Jim L. Swart, Deputy Director (S–1), Office of Drug and Alcohol Policy and Compliance, 400 Seventh Street, SW., Washington, DC 20590; telephone number 202–366–3784 (voice), 202– 366–3897 (fax), or jim.swart@dot.gov (email). SUPPLEMENTARY INFORMATION: Purpose In its final rule of December 2000 [65 FR 79526], the U.S. Department of Transportation (DOT) made specimen validity testing (SVT) mandatory for the transportation industry contingent upon U.S. Department of Health and Human Services (HHS) publishing its Mandatory Guidelines on SVT. In late 2001, the DOT amended part 40 [66 FR 41952, August 9, 2001] to remove the mandatory requirement because HHS had not finalized its Mandatory Guidelines regarding SVT. We said that PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 SVT would remain authorized but not required. On April 13, 2004, HHS published a Federal Register notice revising its Mandatory Guidelines [69 FR 19644] with an effective date of November 1, 2004. Among the revisions contained in the HHS Mandatory Guidelines were the requirements that laboratories modify substituted specimen and diluted specimen testing and reporting criteria. HHS revised laboratory requirements for adulterated specimen testing. HHS also required each Federal agency to conduct specimen validity testing (SVT) to determine if urine specimens collected under HHS Federal Workplace Drug Testing Programs have been adulterated or substituted. In an interim final rule (IFR) [69 FR 64865] published on November 9, 2004, the DOT changed a number of items in part 40 to make part 40 and the HHS Mandatory Guidelines consistent. We did this to avoid conflicting requirements that implementation of both rules would have had on laboratories and medical review officers (MROs). In the 2004 IFR, we indicated that we intended to fully address all aspects of the HHS changes to their Mandatory Guidelines in a notice of proposed rulemaking (NPRM). We also indicated that we would also take into consideration any subsequent HHS handbook materials (e.g., HHS MRO Manual) and update our cost figures for SVT in the context of making SVT mandatory. In this NPRM, we have considered the HHS Guidelines as well as the HHS MRO Manual, we propose to make SVT mandatory, and we have updated our cost figures accordingly. In the 2004 IFR and an earlier IFR [68 FR 31626] from May 28, 2003, we solicited comments regarding SVT and substituted specimens. We will address the docket comments to both IFRs in this preamble. Background We issued the 2003 IFR in order to respond to scientific and medical information suggesting we modify testing criteria for some specimens that had been considered to be substituted and ultimately were treated as refusals to test. The 2003 IFR modified how MROs would deal with any substituted result with creatinine concentration greater than or equal to 2 mg/dL. It did not change the HHS substitution criteria that we had used. In the 2004 IFR, we changed a number of items in part 40 to harmonize part 40 and the new HHS Mandatory Guidelines on SVT to avoid a number of inconsistent requirements that the E:\FR\FM\31OCP1.SGM 31OCP1

Agencies

[Federal Register Volume 70, Number 209 (Monday, October 31, 2005)]
[Proposed Rules]
[Pages 62275-62276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21527]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 122 and 412

[OW-2005-0036; FRL-OW-2005-0000; FRL-7990-5]


Notice of Availability of Correspondence Regarding Revisions to 
the National Pollutant Discharge Elimination System Permit Regulation 
and Effluent Limitation Guidelines for Concentrated Animal Feeding 
Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability of correspondence and 
the Environmental Protection Agency's (EPA's) response to inquiries 
regarding the Concentrated Animal Feeding Operations (CAFOs) 
regulations. EPA received inquiries on the permit application date in 
the CAFOs regulation and whether, in response to the February 28, 2005, 
decision by the Second Circuit Court of Appeals issued in Waterkeeper 
v. EPA, 399 F.3d 486 (2nd Cir. 2005), the permit application date may 
be extended. The 2003 CAFO rule (68 FR 7176) (``National Pollutant 
Discharge Elimination System Permit Regulation and Effluent Limitation 
Guidelines for Concentrated Animal Feeding Operations''), hereafter 
known as the ``2003 CAFO rule,'' contains the requirement that by 
February 13, 2006, all newly defined CAFOs must apply for a National 
Pollutant Discharge Elimination System (NPDES) permit. The 2003 CAFO 
rule also requires that all CAFOs develop and implement a Nutrient 
Management Plan by December 31, 2006.
    EPA is in the process of developing options for revising the 2003 
CAFO rule to comply with the Second Circuit Court of Appeals' decision. 
The schedule for final action provides for a full and ample opportunity 
for public notice and comment, but it is not consistent with completion 
by February 13, 2006. As a result, EPA will propose to extend the 
permit application date of February 13, 2006, and the Nutrient 
Management Plan due date of December 31, 2006, in a separate NPRM. This 
second action will be proposed and finalized by February 13, 2006. The 
correspondence and the EPA's response have been added to the rulemaking 
docket and are available to the public.

ADDRESSES: Copies of the correspondence may be obtained from EPA's 
Office of Water docket identified by Docket ID No. OW-2005-0036, by one 
of the following methods:
    (1) Agency Web site: https://www.epa.gov/edocket. EDOCKET, EPA's 
electronic public docket.
    (2) E-mail: ow-docket@epa.gov, Attention Docket ID No. OW-2005-
0036.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Interested Entities

    Categories and entities interested in today's notice include:

------------------------------------------------------------------------
                                              Examples of interested
                Category                             entities
------------------------------------------------------------------------
State/Local/Tribal Government            ...............................
  Industry.............................  Operators of animal production
                                          operations that meet the
                                          definition of a CAFO.
                                         Beef cattle feedlots (including
                                          veal).
                                         Beef cattle ranching and
                                          farming.
                                         Hogs.
                                         Sheep.
                                         General livestock except dairy
                                          and poultry.
                                         Dairy farms.
                                         Broilers, fryers, and roaster
                                          chickens.
                                         Chicken eggs.
                                         Turkey and turkey eggs.
                                         Poultry hatcheries.
                                         Poultry and eggs.
                                         Ducks.
                                         Horses and other equines.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that may be interested 
in this notice.

B. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for the 
Revisions to the National Pollutant Discharge Elimination System Permit 
Regulation and Effluent Limitation Guidelines for Concentrated Animal 
Feeding Operations under Docket ID No. OW-2005-0036. The official 
public docket consists of the correspondence received on the CAFO 2003 
rule and the February 28, 2005, decision by the Second Circuit Court of 
Appeals issued in Waterkeeper v. EPA, and EPA's response to this 
correspondence. Although a part of the official docket, the public 
docket does not include Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. The 
official public docket is the collection of materials that is available 
for public viewing at Water Docket in the EPA Docket Center, (EPA/DC) 
EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The 
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Water Docket is (202) 566-2426. To view these documents 
materials, please call ahead to schedule an appointment. Every user is 
entitled to copy 266 pages per day before incurring a charge. The 
Docket may charge 15 cents a page for each page over the 266-page limit 
plus an administrative fee of $25.00.

[[Page 62276]]

    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at https://www.epa.gov/edocket/ to view scientific 
views, access the index listing of the contents of the official public 
docket, and to access those documents in the public docket that are 
available electronically. Once in the system, select ``search,'' then 
key in the appropriate docket identification number.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at https://www.epa.gov/fedrgstr/.

    Dated: October 25, 2005.
Brent Fewell,
Acting Assistant Administrator Office of Water.
[FR Doc. 05-21527 Filed 10-28-05; 8:45 am]
BILLING CODE 6560-50-P
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