Environmental Protection Agency January 19, 2005 – Federal Register Recent Federal Regulation Documents

On June 28, 2004, Ohio submitted an oxides of nitrogen (NOX) State Implementation Plan (SIP) revision request to EPA which included amended rules in Ohio Administrative Code (OAC). The purpose of the SIP revision is to exclude from the NOX trading program carbon monoxide boilers associated with fluidized catalytic cracking units (FCCU). The revision also allocates additional NOX allowances to the overall budget and to the trading budget to correct a typographical error made in the original rule. Removal of the FCCU boilers from the NOX trading program is an option Ohio has elected to incorporate in its NOX control program. The Ohio SIP revision addresses some minor corrections in the rules and also incorporates by reference specific elements of the NOX SIP Call. EPA agrees with Ohio's request because the changes conform to EPA policy. The collective emissions from these sources are small and the administrative burden, to the states and regulated entities, of controlling such sources is likely to be considerable. Inclusion of these small NOX sources in the NOX SIP Call trading program would not be cost effective. In the Final Rules Section of this Federal Register, EPA is approving the changes to the SIP for Ohio's NOX trading program as a direct final rule without prior proposal because we view this action as noncontroversial and anticipate no adverse comments. If no written adverse comments are received in response to the direct final rule, no further activity is contemplated in relation to this proposed rule. If EPA receives meaningful written adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. If no adverse written comments are received, the direct final rule will take effect on the date stated in that document and no further activity will be taken on this proposed rule. Any party interested in commenting on this action should do so within the timeframe noted below.

The State of Utah has revised its Public Water System Supervision (PWSS) Primacy Program by adopting regulations corresponding to the following six federal rules which revised 40 CFR part 141, the National Primary Drinking Water Regulations (NPDWRs): Interim Enhanced Surface Water Treatment Rule (IESWTR), Lead and Copper Rule Minor Revisions (LCRMR), Disinfectants/Disinfection Byproducts Rule (DBPR), Public Notification Rule (PNR), Consumer Confidence Rule (CCR), and Radionuclides Rule. Having determined that the State's revisions meet all applicable requirements in the Safe Drinking Water Act (SDWA), 42 U.S.C. 300f et seq., and EPA's implementing regulations at 40 CFR part 142, the EPA approves them, with the exception of the variance provisions. The State is not approved to grant variances under SDWA Section 1415(a)(1) (42 U.S.C. 300g(4)) and 40 CFR 142.10(d)(2) because the State has not adopted 40 CFR part 142, subpart G, which is a prerequisite. Utah's program revisions still meet minimum federal requirements because the authority to grant variances is optional for the State. Today's approval action does not extend to public water systems in Indian country as that term is defined in 18 U.S.C. 1151. Please see SUPPLEMENTARY INFORMATION, Item B.

This notice announces the availability of EPA's Tolerance Reassessment Decision (TRED) for the pesticide carbon dioxide, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide carbon dioxide through a modified, streamlined version of the public participation process that the Agency uses to involve the public in developing pesticide tolerance reassessment and reregistration decisions. Through the tolerance reassessment program, EPA is ensuring that all pesticides meet current health and food safety standards.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide nitrogen, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide nitrogen through a modified, streamlined version of the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.