Environmental Protection Agency February 2005 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve Texas State Implementation Plan (SIP) revisions. The revisions pertain to regulations to control volatile organic compound (VOC) emissions from consumer related sources. The control of VOC emissions will help to attain and maintain national ambient air quality standards for ozone in Texas. This approval will make the revised regulations Federally enforceable.

The United States Environmental Protection Agency is proposing to enter into a settlement for the partial reimbursement of past response costs with the de minimis party Gresco Manufacturing, Inc. pursuant to section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9622(h)(1) concerning the Carolina Steel Drug Superfund Site (Site) located in Rock Hill, York County, South Carolina. EPA will consider public comments on the proposed settlement for March 14, 2005. EPA may withdraw from or modify the proposed settlement should such comments disclose facts or considerations which indicate the proposed settlement is inappropriate, improper or inadequate. Copies of the proposed settlement are available from Ms. Paula V. Batchelor, U.S. EPA, Region 4, (WMD-SEIMB), 61 Forsyth Street, SW., Atlanta, Georgia 30303, (404) 562-8887, Batchelor.Paula@EPA.gov. Written comments may be submitted to Ms. Batchelor within 30 calendar days of the date of this publication.

Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held February 22-24, 2005 at the Hotel Washington, Washington, DC. The CHPAC was created to advise the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.

EPA is proposing to approve revisions to the Maricopa County Environmental Services Department portion of the Arizona State Implementation Plan (SIP). These revisions concern an emissions statement rule and a negative declaration that addresses volatile organic compound (VOC) emissions from Fiberglass Boat Manufacturing. We are proposing to approve the rule and the negative declaration to update the Arizona SIP under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is revising the format for materials submitted by West Virginia that are incorporated by reference (IBR) into its State implementation plan (SIP). The regulations affected by this format change have all been previously submitted by West Virginia and approved by EPA. This format revision will primarily affect the ``Identification of plan'' section, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Regional Office. EPA is also adding a table in the ``Identification of plan'' section which summarizes the approval actions that EPA has taken on the non-regulatory and quasi-regulatory portions of the West Virginia SIP.

The World Trade Center Expert Technical Review Panel (or WTC Expert Panel) will hold its ninth meeting intended to provide for greater input on ongoing efforts to monitor the situation for New York residents and workers impacted by the collapse of the World Trade Center (WTC). The panel members will help guide the EPA's use of the available exposure and health surveillance databases and registries to characterize any remaining exposures and risks, identify unmet public health needs, and recommend any steps to further minimize the risks associated with the aftermath of the WTC attacks. Panel meetings will be open to the public, except where the public interest requires otherwise. Information on the panel meeting agendas, documents (except where the public interest requires otherwise), and public registration to attend the meetings will be available from an Internet Web site. EPA has established an official public docket for this action under Docket ID No. ORD-2004-0003.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.) this notice announces that EPA is seeking public comment on the following Information Collection Request (ICR): Application for New and Amended Pesticide Registration (EPA ICR No. 0277.14, OMB Control No. 2070-0060). This is a request to renew an existing ICR that is currently approved and due to expire October 31, 2005. The ICR describes the nature of the information collection activity and its expected burden and costs. Before submitting this ICR to the Office of Management and Budget (OMB) for review and approval under the PRA, EPA is soliciting comments on specific aspects of the collection.

EPA's Office of Pesticide Programs (OPP) is soliciting proposals for financial assistance to support a continuing EPA national initiative to improve the training of health care providers in recognition, diagnosis, treatment, and prevention of pesticide poisonings among those who work with pesticides. OPP will establish cooperative agreements with two different organizations whose work collectively will cover a range of activities needed to improve the recognition and management of pesticide-related health conditions. Funded projects will focus on creating significant institutional change in health care providers' educational and practice settings through education, professional training, and the development of new resources and tools on pesticide-related health conditions. The total funding available for award in FY 2005, which represents funding set aside in FY2004, is expected to be approximately $265,000, with two cooperative agreements being awarded at $132,500 each. At the conclusion of the first 1 year period of performance and, based on the availability of future funding, incremental funding of up to $132,500 per cooperative agreement may be made available for each year, allowing the project to continue for a total of five periods of performance (approximately 5 years) and with a total potential funding of up to $1,325,000 for the 5-year period, depending on the need and the Agency's budget in outlying years.

South Carolina has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we get written comments which oppose this authorization during the comment period, the decision to authorize South Carolina's changes to their hazardous waste program will take effect. If we get comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.

The United States Environmental Protection Agency's (EPA) Environmental Financial Advisory Board (EFAB) will hold an open meeting. EFAB is an EPA advisory committee chartered under the Federal Advisory Committee Act (FACA) to provide advice and recommendations to EPA on creative approaches to funding environmental programs, projects, and activities. EFAB is chartered with providing analysis and advice to the EPA Administrator and program offices on environmental finance. The purpose of this meeting is to hear from informed speakers on environmental finance issues, proposed legislation and Agency priorities and to discuss progress with work products under EFAB's current strategic action agenda. Environmental financing topics expected to be discussed include: Joint Operations of the State Revolving Fund Programs, Innovations in Watershed Financing, Affordability of Water and Wastewater, Innovative Financing Tools, Preventing Future Non-Funded Abandoned Sites (Financial Assurance), and Useful Life Financing of Environmental Facilities. The meeting is open to the public; however, seating is limited. All members of the public who wish to attend the meeting must register in advance, no later than Tuesday, March 8, 2005.

On April 11, 2002, pursuant to section 112 of the Clean Air Act (CAA), the EPA issued national emission standards to control hazardous air pollutants emitted from catalytic cracking units, catalytic reforming units, and sulfur recovery units at petroleum refineries. This proposal would amend several sections of the existing standards. The proposed amendments would revise the affected source designations and add new compliance options for catalytic reforming units that use different types of emission control systems, new monitoring alternatives for catalytic cracking units and catalytic reforming units, and a new procedure for determining the metal or total chloride concentration on catalyst particles. The proposed amendments would also defer technical requirements for most continuous parameter monitoring systems, clarify testing and monitoring requirements, and make editorial corrections to improve implementation of the standards and to promote better understanding of their requirements.

This notice announces EPA's plan to establish a comprehensive framework for making decisions about the extent to which it will consider or rely on certain types of research with human participants. Among other actions the plan provides for: Issuing proposed and final rules, and providing in this Notice a description of the Agency's case- by-case process for evaluating human studies, which is to remain in effect until superseded by rulemaking. This Notice invites public comments on the overall plan and particularly on the current case-by-case process.

The EPA Science Advisory Board (SAB) Staff Office announces two public meetings of the SAB Superfund Benefits Analysis Advisory Panel.

On February 27, 2002, the EPA issued national emission standards for hazardous air pollutants (NESHAP) for leather finishing operations, which were issued under section 112 of the Clean Air Act (CAA). This action would amend the standards to clarify the frequency for categorizing leather product process types, modify the definition of ``specialty leather,'' add a definition for ``vacuum mulling,'' and add an alternative procedure for determining the actual monthly solvent loss from an affected source. In the Rules and Regulations section of this Federal Register, we are taking direct final action on the proposed amendments because we view the amendments as noncontroversial and anticipate no adverse comments. We have explained our reasons for the amendments in the direct final rule. If we receive no significant adverse comments, we will take no further action on the proposed amendments. If we receive significant adverse comments, we will withdraw only those provisions on which we received significant adverse comments. We will publish a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn. If part or all of the direct final rule in the Rules and Regulations section of today's Federal Register is withdrawn, all comments pertaining to those provisions will be addressed in a subsequent final rule based on the proposed amendments. We will not institute a second comment period on the subsequent final action. Any parties interested in commenting must do so at this time.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from portable fuel containers. The intended effect of this action is to approve these requirements into the Maine SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).

The Environmental Protection Agency is taking final action to correct an error in the initial delineation of the boundary of the Yakima County nonattainment area (Yakima NAA) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10). This correction revises the boundary of the Yakima NAA to exclude a small portion that lies within the exterior boundary of the Yakama Indian Reservation. The excluded area will revert to an unclassifiable designation, consistent with the original and current designation of the Yakama Indian Reservation.

EPA expressed concerns due to wetland and secondary impacts, and requested additional information on secondary development and impacts induced by the proposed airport relocation, wetland mitigation, and the sponsor's site selection process. ERP No. D-FHW-H40183-00 Rating LO, Council Bluffs Interstate System Improvements Project, Transportation Improve from Missouri River on I- 80 to East of the I-480 Interchange, (Tier 1), Pottawattamie County, IA and Douglas County, NB. Summary: EPA has no objections to the proposed project. ERP No. D- FRC-G03023-TX Rating EC2, Cheniere Corpus Christi Liquefied Natural Gas (LNG) Project, To Provide Facilities for the Importation, Storage and Vaporization of Liquefied Natural Gas, Nueces and San Patricio Counties, TX. Summary: EPA expressed environmental concerns and requested additional information regarding wetlands mitigation measures, the potential for invasive species introduction, and air quality impacts. ERP No. D-NIH-G84000-TX Rating LO, Galveston National Laboratory for Biodefense and Emerging Infectious Diseases Research Facility at the University of Texas Medical Branch, Construction, Partial Funding, Grant, Galveston, TX. Summary: EPA had no objection to the selection of the preferred alternative. However, EPA asked that the Final EIS include a discussion of general air quality conformity. ERP No. D-STB-G53010-TX Rating EC2, Southwest Gulf Railroad Project, Construction and Operation Exemption, To Transport Limestone from Vulcan Construction Materials (VCM) Quarry to Del Rio Subdivision, Medina County, TX. Summary: EPA expressed environmental concerns about the proposed project regarding the Spill Prevention, Containment and Countermeasure Plan, aquatic steam crossing mitigation measures, and air quality impacts.

The EPA is conditionally approving a revision to the Florida State Implementation Plan (SIP) consisting of a new Florida statute and implementing regulations that set emission limits for existing and new equipment at existing citrus juice processing facilities in Florida. This approval is conditioned upon a commitment from the State to adopt specific enforceable measures, as stated in the proposed rule published January 30, 2004 (69 FR 4459), within one year from the effective date of this rule. If the State fails to meet its commitment by adopting and submitting to EPA the necessary revisions within the one-year period, the approval is treated as a disapproval.

The Environmental Protection Agency (EPA) Region III is issuing a notice of intent to delete the Southern Maryland Wood Treating Superfund Site (Site) located in Hollywood, Maryland from the National Priorities List (NPL) and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), is found at Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of Maryland, through the Maryland Department of the Environment (MDE), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under CERCLA. In the ``Rules and Regulations'' section of today's Federal Register, EPA is publishing a direct final rule of deletion of the Southern Maryland Wood Treating Site without prior notice of intent to delete because EPA views this as a noncontroversial deletion and anticipates no adverse comment. EPA has explained its reasons for this deletion in the direct final rule of deletion. If EPA receives no adverse comment(s) on this notice of intent to delete or the direct final rule of deletion, EPA will not take further action. If EPA receives adverse comment(s), EPA will withdraw the direct final rule of deletion and it will not take effect. EPA will, as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. EPA will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the Direct Final Rule of Deletion which is located in the ``Rules and Regulations'' section of this Federal Register.

EPA has no objections with the proposed restoration project; however, we recommended that a schedule for prescribed burns and timber removal be included in the FEIS. ERP No. D-BLM-K65274-NV Rating EC2, Las Vegas Valley Disposal Boundary Project, Disposal and Use of Public Land under the Management of (BLM), Implementation, Clark County, NV. Summary: EPA expressed environmental concerns about impacts to wetlands and Waters of the U.S., general conformity under the Clean Air Act, the analysis of alternatives, and consultation with tribal governments. ERP No. D-FHW-C40164-NY Rating EC2, NY Route 17Elmira to Chemung Project, Proposed Highway Reconstruction, New Highway Construction, Bridge Rehabilitation/Replacement, Funding and U.S. Army COE Section 404 Permit, Town and City of Elmira, Town of Ashland and Chemung, Chemung County, NY. Summary: EPA has concerns with the proposed project due to indirect impacts to water quality and wetlands, and suggested firmer mitigation measures be implemented to address these concerns. ERP No. D-FHW-D40325-PA Rating EC2, U.S. 219 Improvements Project, Meyersdale to Somerset, SR 6219, Section 020, Funding, U.S. COE Section 404 Permits, Somerset County, PA. Summary: EPA has environmental concerns with the proposed project regarding impacts to wetlands, endangered species, aquatic resources, air quality, and environmental justice. ERP No. D-FHW-F40426-OH Rating EC2, Eastern Corridor Multi-Modal (Tier 1) Project, To Implement a Multi-Modal Transportation Program between the City of Cincinnati and Eastern Suburbs in Hamilton and Clermont Counties, OH. Summary: EPA has concerns with the proposed project, primarily regarding a new bridge span across the Little Miami River, a designated Wild and Scenic River. These concerns include unresolved questions regarding visual impacts, and cumulative, indirect and secondary impacts to the river's identified characteristics. ERP No. D-FHW-J40167-UT Rating EC2, Brown Park Road Project, Reconstruction (Paving) and Partial Re-alignment from Red Creek to Colorado State Line, Diamond Mountain Resource Management Plan Amendment (BLM), U.S. Army COE Section 404 Permit, Daggett County, UT. Summary: EPA has environmental concerns with the proposed project regarding habitat fragmentation, impacts to wildlife due to vehicle collisions, and the introduction of invasive species. ERP No. D-NIH-D81035-MD Rating EC2, National Institutes of Health (NIH) Master Plan 2003 Update, National Institutes of Health Main CampusBethesda, MD, Montgomery County, MD. Summary: EPA expressed concerns regarding impacts from land development and storm water management. EPA requested that the final EIS address the function and value of the existing hardwoods that will be lost, and provide an outline of the mitigation. ERP No. DS-BIA-A65165-00 Rating EC2, ProgrammaticNavajo Nation 10-Year Forest Management Plan, New and Updated Information on Alternatives, Chuska Mountains and Defiancé Plateau Area, AZ and NM. Summary: EPA expressed concerns regarding cumulative impacts and implementation of the Range Assessment and Management Plan (RAMP), and requested that existing environmental information be incorporated into the alternatives and cumulative impact analyses. ERP No. DS-FHW-E40325-NC Rating EC2, Eastern Section of the Winston-Salem Northern Beltway, U.S. 52 south to I-40 Business and I-40 Business south to U.S. 311, Improvements to the Surface Transportation Network, TIP Project Nos. U-2579 and U-2579A, Forsyth County, NC. Summary: EPA continues to have environmental concerns with the proposed project regarding the number of residential relocations required as well as impacts to aquatic stream habitat and water supply.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on January 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated cost.

In compliance with the Paperwork Reduction Act, this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on February 28, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on January 31, 2005.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on January 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

The EPA is requesting comment on two issues raised in a petition for reconsideration action of EPA's rule to implement the 8- hour ozone national ambient air quality standard (NAAQS or standard). In addition, EPA is proposing to clarify two aspects of the implementation rule. On April 30, 2004, EPA issued a final rule addressing key elements of the program to implement the 8-hour ozone NAAQS. Subsequently, on June 29, 2004 and September 24, 2004, three different parties each filed a petition for reconsideration of certain specified aspects of the final rule. By letter dated September 23, 2004, EPA granted reconsideration of three issues raised in the petition for reconsideration filed by Earthjustice on behalf of several environmental organizations. Today, we are providing additional information and soliciting comment on two of the issues on which we granted reconsideration. The issues that we are addressing today are whether the section 185 fee provisions apply once the 1-hour NAAQS is revoked and the timing for determining what is an ``applicable requirement'' for purposes of anti-backsliding once the 1-hour NAAQS is revoked. We will shortly address the issue of new source review (NSR) anti-backsliding in a separate action. We are requesting public comment on the issues discussed in this action, which are described in section III of the Supplementary Information section of this preamble. We plan to issue a final decision on these issues no later than May 20, 2005. We are also proposing to revise the implementation rule in two respects. First we are proposing to find that contingency measures for failure to make reasonable further progress or attain by the applicable attainment date for the 1-hour ozone standard are no longer required of an area after revocation of that standard. Second, although Sec. 51.905 of the rule provided that areas designated nonattainment for the 1-hour NAAQS at the time of designation as nonattainment for the 8-hour NAAQS remain subject to any outstanding 1-hour attainment demonstration requirement, we failed to list the attainment demonstration as an ``applicable requirement.'' We are proposing to revise the definition of ``applicable requirement'' to include the 1-hour attainment demonstration. We are seeking comment only on the issues specifically identified in this document. We do not intend to respond to comments addressing other issues.