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

This Notice announces the availability of the final document entitled Supplemental Guidance for Assessing Susceptibility from Early- Life Exposure to Carcinogens, hereafter referred to as Supplemental Guidance.

The EPA is granting final approval to a revision to the Texas Low Emission Diesel (TXLED) fuel program State Implementation Plan (SIP) that applies in 110 counties in the eastern and central parts of Texas. Under section 553(d)(1) of the Administrative Procedure Act, EPA is making this action effective upon publication because it relieves a restriction.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C 3501 et seq.), EPA is seeking public comment on the following Information Collection Request (ICR): TSCA Section 8(d) Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies (EPA ICR No. 0575.10, OMB Control No. 2070-0004). This ICR involves a collection activity that is currently approved and scheduled to expire on February 28, 2006. The information collected under this ICR relates to requirements that manufacturers and processors submit lists and copies of health and safety studies relating to the health and/or environmental effects of chemical substances and mixtures listed in the Toxic Substances Control Act (TSCA) section 8(d) rule (40 CFR part 716). 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.

This notice announces EPA's approval of an application for test marketing exemption (TME) under section 5(h)(1) of the Toxic Substances Control Act (TSCA) and 40 CFR 720.38. EPA has designated this application as TME-05-0001. The test marketing conditions are described in the TME application and in this notice.

This notice announces final agency action on 2 TMDLs prepared by EPA Region 6 for waters listed in Louisiana's Barataria river basin, under section 303(d) of the Clean Water Act (CWA). Documents from the administrative record file for the 2 TMDLs, including TMDL calculations and responses to comments, may be viewed at https://www.epa.gov/region6/ water/tmdl.htm. The administrative record file may be examined by calling or writing Ms. Diane Smith at the following address. Please contact Ms. Smith to schedule an inspection.

The EPA is requesting comment on issues raised in a petition for reconsideration of EPA's rule to implement the 8-hour ozone national ambient air quality standard (NAAQS or 8-hour standard). On April 30, 2004, EPA took final action on key elements of the program to implement the 8-hour standard. In that final action, we (the EPA) addressed certain implementation issues related to the 8-hour standard, including aspects of implementation of the nonattainment major New Source Review (NSR) program mandated by part D of title I of the Act (CAA or Act). Following this action, on June 29, 2004 and September 24, 2004, three different parties each filed a petition for reconsideration concerning implementation of the 8-hour standard, including both major NSR and other issues. 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. On February 3, 2005, we published a proposed rule providing additional information and soliciting comment on two of the issues on which we granted reconsideration. Today, we provide additional information and seek comment on the third issue, which relates to two aspects of the major NSR provisions in the April 30, 2004 final rules. Specifically, we request comment on whether we should interpret the Act to require areas to retain major NSR requirements that apply to certain 1-hour ozone nonattainment areas in implementing the 8-hour standard, and whether EPA properly concludes that a State's request to remove 1-hour major NSR programs from its State Implementation Plan (SIP) will not interfere with any applicable requirement within the meaning of Section 110(l) of the Act.

EPA proposes to approve State Implementation Plan (SIP) revisions submitted by the District of Columbia, the State of Maryland, and the Commonwealths of Virginia and Pennsylvania for the purpose of revising their respective Carbon Monoxide (CO) Maintenance Plans in support of the National Ambient Air Quality Standard (NAAQS). In the Final Rules section of this Federal Register, EPA is approving each State's SIP submittal as a direct final rule without prior proposal because the Agency views these as noncontroversial submittals and anticipates no adverse comments. A more detailed description of the state submittal and EPA's evaluation are included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document. If no adverse comments are received in response to this action, 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 proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania for the purpose of establishing and requiring reasonably available control technology (RACT) for three major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX). In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal 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 adverse comments are received in response to this action, 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 proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

The EPA is convening a 2-day public workshop to explain the provisions of its recently proposed rule updating and revising data requirements for conventional pesticides in 40 CFR parts 152 and 158. The data requirements identify the types of information that EPA needs to determine that a pesticide product can be registered, a tolerance or exemption can be issued for pesticide residues in food, or the pesticide can be used experimentally. The proposed rule is intended to: Improve the scientific basis for pesticide decisions; update the requirements last codified in 1984; and reorganize part 158 to improve usability. These efforts will help protect human health and the environment by identifying, assessing, and reducing the risks of conventional pesticides for use in the United States. This workshop is open to the public.

EPA expressed concerns about the project's economic viability, the scope of the project's dredging and sediment disposal, the impacts to water quality, fish and wildlife species and habitat, and the indirect and cumulative impacts, and requested that additional information, especially Habitat Impairment Test results, be presented in the Final EIS to address these issues. ERP No. D-COE-E11055-NC Rating LO, Fort Bragg Headquarters for XVIII Airborne Corps and Army Special Operations Command, To Fully Integrate the Overhill Tract Training Program, Cumberland and Harnett Counties, NC. Summary: EPA has no objections to the proposed project. ERP No. D- FHW-F40428-OH Rating EC2, OH-823, Portsmouth Bypass Project, Transportation Improvements, Funding and U.S. Army COE Section 404 Permit, Appalachian Development Highway, Scioto County, OH. Summary: EPA has environmental concerns about the proposed project related to upland forest habitat losses, forest fragmentation, and potential for stream sedimentation. EPA also recommends additional analysis of the cumulative impacts related to forest fragmentation be included in the FEIS. ERP No. D-FRC-G03024-TX Rating EC2, Vista del Sol Liquefied Natural Gas (LNG) Terminal Project, Construct, Install and Operate an LNG Terminal and Natural Gas Pipeline Facilities, Vista del Sol LNG Terminal LP and Vista del Sol Pipeline LP, TX. Summary: EPA identified environmental concerns that may require changes to the preferred alternative and mitigation measures to reduce environmental impact. EPA requested additional information to be included in the FEIS, including information regarding wetland impacts, mitigation, contaminant testing and the suitability of dredged material for beneficial use.

EPA is taking direct final action to approve revisions to the Commonwealth of Pennsylvania's State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for three major sources of volatile organic compounds (VOC). These sources are located in Pennsylvania. EPA is approving these revisions to establish RACT requirements in the SIP in accordance with the Clean Air Act (CAA).