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

Pursuant to the Federal Advisory Committee Act (Pub. L. 92- 463), the U.S. Environmental Protection Agency (EPA) gives notice of a meeting of the National Advisory Committee (NAC) and Governmental Advisory Committee (GAC) to the U.S. Representative to the North American Commission for Environmental Cooperation (CEC). The National and Governmental Advisory Committees advise the Administrator of the EPA in his capacity as the U.S. Representative to the Council of the North American Commission for Environmental Cooperation. The Committees are authorized under Articles 17 and 18 of the North American Agreement on Environmental Cooperation (NAAEC), North American Free Trade Agreement Implementation Act, Pub. L. 103-182 and as directed by Executive Order 12915, entitled ``Federal Implementation of the North American Agreement on Environmental Cooperation.'' The Committees are responsible for providing advice to the U.S. Representative on a wide range of strategic, scientific, technological, regulatory and economic issues related to implementation and further elaboration of the NAAEC. The National Advisory Committee consists of 12 representatives of environmental groups and non- governmental organizations, business and industry, and educational institutions. The Governmental Advisory Committee consists of 12 representatives from state, local and tribal governments. Purpose: The Committees are meeting to review and comment on the deliverables for the Commission for Environmental Cooperation June 22- 23, 2005 Council Session. In addition, the committees will organize a one-day Business Roundtable on Wednesday, April 27th to examine successful environmental capacity building partnerships and their application in North America.

The EPA is approving State Implementation Plan (SIP) revisions submitted by the Governor of New Mexico on September 7, 2004. The submittal revises the second ten-year carbon monoxide (CO) maintenance plan for the Albuquerque/Bernalillo County, New Mexico area. The submittal also revises the relevant parts of the New Mexico Administrative Code (NMAC) including revisions to the General Provisions, Inspection and Maintenance (I&M) Program, and the contingency measures. We are approving these revisions in accordance with the requirements of the Federal Clean Air Act (the Act).

On January 5, 2005, EPA promulgated air quality designations for all areas for the national ambient air quality standards (NAAQS) for fine particles (i.e. particles less than 2.5 microns in diameter, also known as PM2.5) (70 FR 944). We designated 47 areas composed of 224 counties and the District of Columbia as nonattainment. We designated 5 areas comprised of 7 counties as unclassifiable. We designated the remaining counties in the United States as attainment/ unclassifiable. We based the designations in the January 5, 2005, final rule on air quality monitoring data from the 3-year period of 2001 to 2003. In that action, we provided that these designations would be effective 90 days from the date of publication in the Federal Register, which is April 5, 2005. Because the designations occurred at the end of 2004, we indicated our desire to consider 2004 data where feasible in order to evaluate attainment status based upon data from the 3-year period of 2002 to 2004. We explained that we would consider any complete, quality-assured, and certified 2004 PM2.5 data submitted by any State to EPA by February 22, 2005, if such data indicated that a change in the designation for the entire area would be appropriate. In the January 5, 2005, action, we stated that if EPA agreed that a change in the designation was appropriate based upon the inclusion of 2004 data, then EPA would withdraw the initial designation for the area and issue a designation that reflected the consideration of the new data before the April 5, 2005, effective date. Today's action addresses areas for which States have submitted complete, quality-assured, and certified PM2.5 air quality data for 2004, and it modifies the designation status to attainment for eight areas we originally designated as nonattainment and for four areas we originally designated as unclassifiable. This action also includes technical corrections related to boundary descriptions for a few areas included in the January 5, 2005, action. The EPA has received a number of other petitions in connection with the PM2.5 designations pertaining to issues other than inclusion of 2004 data as a basis for changing the designation prior to the effective date. The EPA is not responding to those petitions in this document and will be evaluating and responding to those petitions separately.

The Environmental Protection Agency (EPA) is proposing changes to correct the final rule published in the Federal Register on March 12, 2004. Specifically, EPA is proposing to amend the regulatory text for the definitions of refrigerant and technician and the prohibition against venting substitute refrigerants. EPA is also proposing to amend the prohibition against venting substitute refrigerants to reflect the proposed changes to the definitions. These changes are being proposed to make certain that the regulations promulgated on March 12, 2004 cannot be construed as a restriction on the sales of substitutes that do not consist of an ozone-depleting substance (ODS), such as pure hydrofluorocarbon (HFC) and perfluorocarbon (PFC) substitutes.

The EPA is taking direct final action on amendments to the National Emissions Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Control Technology Standards which were promulgated in June 1999 (64 FR 34863), and the National Emission Standards for Ethylene Manufacturing Units: Heat Exchange Systems and Waste Operations which were promulgated in July 2002 (67 FR 46258). The direct final rule amendments clarify the compliance requirements for benzene waste streams, clarify the requirements for heat exchangers and heat exchanger systems, and stipulate the provisions for offsite waste transfer in the national emission standards for ethylene manufacturing process units. The direct final rule amendments also correct the regulatory language that make emissions from ethylene cracking furnaces during decoking operations an exception to the provisions and delineate overlapping requirements for storage vessels and transfer racks. In addition, the direct final rule amendments also correct errors in the proposed rule for the Acrylic and Modacrylic Fiber Production source category which were not corrected as indicated in the preamble to the June 1999 final rule (64 FR 34863). We are issuing the amendments as direct final rules, without prior proposal, because we view the revisions as noncontroversial and anticipate no adverse comments. However, in the Proposed Rules section of this Federal Register, we are publishing a separate document that will serve as the proposal to amend the National Emissions Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Control Technology Standards and the National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations.

This regulation establishes an exemption from the requirement of a tolerance for residues of the fungus Paecilomyces lilacinus (P. lilacinus) strain 251 in or on food commodities when applied or used in accordance with label directions. Prophyta Biologischer Pflanzenschutz GmbH, Germany submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. Notification that EPA had received the petition was published on November 7, 2003 (68 FR 63088-92) (FRL-7331-7). This regulation eliminates the need to establish a maximum permissible level for residues of P. lilacinus strain 251.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a proposed Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request for a new collection. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

This notice announces the availability of EPA's final action identifying water quality limited segments and associated pollutants in Louisiana to be listed pursuant to Clean Water Act Section 303(d), and request for public comment. Section 303(d) requires that states submit and EPA approve or disapprove lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards and for which total maximum daily loads (TMDLs) must be prepared. On March 31, 2005, EPA partially approved and partially disapproved Louisiana's 2004 303(d) submittal. Specifically, EPA approved Louisiana's listing of 444 water body-pollutant combinations, and associated priority rankings. EPA disapproved Louisiana's decisions not to list 14 water quality limited segments (or 17 water body-pollutant combinations). EPA identified these additional water bodies and pollutants along with priority rankings for inclusion on the 2004 Section 303(d) List. EPA is providing the public the opportunity to review its final decisions to add waters and pollutants to Louisiana's 2004 Section 303(d) List, as required by EPA's Public Participation regulations (40 CFR part 25). EPA will consider public comments and if necessary amend its final action on the additional water bodies and pollutants identified for inclusion on Louisiana's Final 2004 Section 303(d) List.

The EPA is approving revisions to volatile organic compound (VOC) requirements for Transwheel Corporation (Transwheel) of Huntington County, Indiana. Transwheel owns and operates an aluminum wheel reprocessing plant at which it performs cold cleaner degreasing operations. On December 22, 2004, the Indiana Department of Environmental Management (IDEM) submitted a Commissioner's Order containing the revised requirements, and requested that EPA approve it as an amendment to the Indiana State Implementation Plan (SIP). The December 22, 2004, submission supplements a November 8, 2001, submission. IDEM is seeking EPA approval of ``an equivalent control device'' for Transwheel's degreasing operations, under 326 Indiana Administrative Code (IAC) 8-3-5(a)(5)(C).

In accordance with section 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622 (h), notice is hereby given of a proposed administrative settlement by consent, pursuant to CERCLA 122(h), 42 U.S.C. 9622(h) concerning Cox Parts & Services, Inc. and Thomas D. Cox Trucking, Inc. and the Greenberg Salvage Yard Site. The settlement requires that the Settling Parties shall pay to the EPA Hazardous Substance Superfund in eleven monthly installments the principal sum of $13,157 plus interest as defined in the Agreement for Recovery of Past Response Costs. The settlement includes EPA's covenant not to sue the Settling Parties pursuant to 107(a) of CERCLA, 42 U.S.C. 9607(a), to recover Past Response Costs. This covenant not to sue is conditioned upon the satisfactory performance by Settling Parties of their obligations under the Agreement. U.S. EPA is proposing this Agreement because it provides reimbursement to U.S. EPA for part of its past costs at the Greenberg Salvage Yard Site. For thirty (30) days following the date of publication of this notice, the agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The response to any comment received will be available for public inspection at the Superfund Division Record Center, U.S. Environmental Protection Agency, 77 West Jackson Blvd., Chicago, Illinois 60604-3590.

The EPA is approving the State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Environmental Protection Division (GAEPD), on December 18, 2003. These revisions pertain to rules for Enhanced Inspection and Maintenance (I/ M). These revisions were the subject of a public hearing held on November 5, 2003, adopted by the Board of Natural Resources on December 3, 2003, and became State effective on December 25, 2003. In the Final Rules Section of this Federal Register, the EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives 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 rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

The EPA is taking direct final action on revisions to the Texas State Implementation Plan (SIP). This rule making covers eight Agreed Orders with six companies in the Beaumont/Port Arthur (B/PA) nonattainment area. We are approving the eight Agreed Orders between the State of Texas and six companies in Southeast Texas as a strengthening of the Texas SIP. These Agreed Orders will contribute to the improvement in air quality in the B/PA nonattainment area and continue to contribute to the maintenance of the ozone standard in the southeastern portion of the State of Texas. The EPA is approving this SIP revision in accordance with the requirements of the Federal Clean Air Act (the Act), sections 110 and 116.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on September 30, 2005. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

This notice announces the availability of nomination and application information for the U.S. EPA's 2005 Clean Water Act Recognition Awards. The awards recognize municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution abatement programs. Recognition is made for outstanding and noteworthy projects or programs in the following categories: operations and maintenance (O&M) at publicly-owned wastewater treatment facilities; biosolids management; pretreatment programs; storm water management; and combined sewer overflow (CSO) controls. The awards are intended to educate the public about the contributions wastewater treatment facilities make to clean water; to encourage public support for municipal and industrial efforts in effective wastewater management, biosolids management, and wet weather pollution control; and, to recognize communities and industries that use innovative practices to meet CWA permitting requirements. Applicants must be in compliance with all applicable CWA requirements, or otherwise have a satisfactory record with respect to environmental quality.

The EPA is taking direct final approval of a State Implementation Plan (SIP) revision for the state of Texas. This revision adds new Division 2, Locally Enforced Motor Vehicle Idling Limitations, in subchapter J, Operational Controls for Motor Vehicles. The rule allows local governments to voluntarily enter into an agreement with the State to enforce vehicle idling restrictions on vehicles over 14,000 pounds within their jurisdiction, with some exemptions.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

There will be a meeting of the Endocrine Disruptor Methods Validation Advisory Committe (EDMVAC) on April 26-28, 2005, in Washington, DC. This meeting, as with all EDMVAC meetings, is open to the public. Seating is on a first-come basis. The purpose of the meeting is to receive advice and input from the EDMVAC on: Steroidogenesis, Uterotrophic, Fish Screen Studies, and Amphibian Metamorphosis Assays.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from February 21, 2005 to March 15, 2005, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference meeting of an SAB Quality Review Committee (QRC) to discuss and to review a draft SAB report, Identifying and Calculating Economic Benefit that Goes Beyond Avoided and/or Delayed Costs: An SAB Draft Advisory.

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 March 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.

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 May 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.