Environmental Protection Agency May 18, 2005 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) established the Clean Air Act Advisory Committee (CAAAC) on November 19, 1990, to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises on economic, environmental, technical, scientific, and enforcement policy issues. Open Meeting Notice: Pursuant to 5 U.S.C. App.2 Section 10(a)(2), notice is hereby given that the Air Quality Management subcommittee to the Clean Air Act Advisory Committee will hold its next open meeting on Thursday, June 16 and Friday, June 17, 2005 from approximately 10:00 a.m. to 6:00 p.m. at the EPA National Vehicle and Fuel Emissions Laboratory, 2000 Traverwood Drive, Anne Arbor, MI. Any member of the public who wishes to submit written or brief oral comments; or who wants further information concerning this meeting should follow the procedures outlined in the section below titled ``Providing Oral or Written Comments at this Meeting''. Seating will be limited and available on a first come, first served basis. Because of security measures at EPA's Laboratory, members of the public wishing to attend this meeting must contact Mr. Jeffrey Whitlow, Office of Air and Radiation, U.S. EPA (919) 541-5523, Fax (919) 685-3307 or by mail at U.S. EPA, Office of Quality Planning and Standards (Mail code C 439- 04), 109 T.W. Alexander Drive, Research Triangle Park, NC 27711 or by email at: whitlow.jeff@epa.gov by noon Eastern Time on June 10, 2005. The agenda for this meeting may be obtained by contacting Mr. Whitlow. Inspection of Committee Documents: The subcommittee agenda and any documents prepared for the meeting will be publicly available at the meeting. Thereafter, these documents, together with the meeting minutes, will be available by contacting the Office of Air and Radiation Docket and requesting information under docket OAR-2004-0075. The Docket office can be reached by telephoning 202-260-7548; Fax 202- 260-4400. For further information concerning the Air Quality Management subcommittee to the CAAAC , please contact Mr. Jeffrey Whitlow, Office of Air and Radiation, U.S. EPA (919) 541-5523, Fax (919) 685-3307 or by mail at U.S. EPA, Office of Quality Planning and Standards (Mail code C 439-04), 109 T.W. Alexander Drive, Research Triangle Park, NC 27711 or email at: whitlow.jeff@epa.gov. Additional information on this meeting, the CAAAC, and its Subcommittees can be found on the CAAAC Web Site: https://www.epa.gov/air/caaac. Providing Oral or Written Comments at this Meeting: It is the policy of the subcommittee to accept written public comments of any length, and to accommodate oral public comments whenever possible. The subcommittee expects that public statements presented at this meeting will not be repetitive of previously-submitted oral or written statements. Oral Comments: In general, each individual or group requesting an oral presentation at this meeting is limited to a total time of five minutes (unless otherwise indicated). However, no more than 30 minutes total will be allotted for oral public comments at this meeting; therefore, the time allowed for each speaker's comments will be adjusted accordingly. In addition, for scheduling purposes, requests to provide oral comments must be in writing (e-mail, fax or mail) and received by Mr. Whitlow no later than noon Eastern Time five business days prior to the meeting in order to reserve time on the meeting agenda. Written Comments: Although the subcommittee accepts written comments until the date of the meeting (unless otherwise stated), written comments should be received by Mr. Whitlow no later than noon Eastern Time five business days prior to the meeting so that the comments may be made available to the subcommittee members for their consideration. Comments should be supplied to Mr. Whitlow (preferably via e-mail) at the address/contact information noted above, as follows: one hard copy with original signature, or one electronic copy via e- mail (acceptable file format: Adobe Acrobat PDF, WordPerfect, MS Word, MS PowerPoint, or Rich Text files (in IBM-PC/Windows 98/2000/XP format).

This document announces the Office of Management and Budget's (OMB) responses to Agency clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

EPA is proposing to approve the Visible Emissions portion of a State Implementation Plan (SIP) revision submitted to EPA, by the State of North Carolina, on December 14, 2004. EPA is proposing to approve the Visible Emissions Rule, in its entirety, as submitted December 14, 2004, and does not intend to act on previous versions of the rule.

This regulation establishes a tolerance for residues of fludioxonil (4-(2,2-difluoro-1,3-benzodioxol-4-yl)-H-pyrrole-3- carbonitrile) in or on pomegranate. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

This document proposes to revoke specific tolerances and tolerance exemptions for residues of the bird repellent 4- aminopyridine, fungicides ammonia and vinclozolin, and insecticides chloropicrin, diazinon, dihydro-5-heptyl-2(3H)-furanone, and dihydro-5- pentyl-2(3H)-furanone. EPA canceled food use registrations or deleted food uses from registrations following requests for voluntary cancellation or use deletion by the registrants, or non-payment of registration maintenance fees. EPA expects to determine whether any individuals or groups want to support these tolerances. The regulatory actions proposed in this document contribute toward the Agency's tolerance reassessment requirements under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by August 2006 to reassess the tolerances that were in existence on August 2, 1996. The regulatory actions proposed in this document pertain to the proposed revocation of 39 tolerances and tolerance exemptions of which 33 would be counted as tolerance reassessments toward the August 2006 review deadline.

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.

This regulation establishes exemptions from the requirement of a tolerance for residues of several alpha- and/or beta-pinene polymers when used as inert ingredients in or on growing crops and when applied to raw agricultural commodities after harvest. Hercules, Inc. 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. This regulation eliminates the need to establish a maximum permissible level for residues of alpha and/or beta-pinene polymers.

In this document, EPA is finalizing the Clean Air Mercury Rule (CAMR) and establishing standards of performance for mercury (Hg) for new and existing coal-fired electric utility steam generating units (Utility Units), as defined in Clean Air Act (CAA) section 111. The amendments to CAA section 111 rules would establish a mechanism by which Hg emissions from new and existing coal-fired Utility Units are capped at specified, nation-wide levels. A first phase cap of 38 tons per year (tpy) becomes effective in 2010, and a second phase cap of 15 tpy becomes effective in 2018. Facilities must demonstrate compliance with the standard by holding one ``allowance'' for each ounce of Hg emitted in any given year. Allowances are readily transferrable among all regulated facilities. Such a ``cap-and-trade'' approach to limiting Hg emissions is the most cost-effective way to achieve the reductions in Hg emissions from the power sector. The added benefit of the cap-and-trade approach is that it dovetails well with the sulfur dioxide (SO2) and nitrogen oxides (NOX) emission caps under the final Clean Air Interstate Rule (CAIR) that was signed on March 10, 2005. CAIR establishes a broadly-applicable cap-and-trade program that significantly limit SO2 and NOX emissions from the power sector. The advantage of regulating Hg at the same time and using the same regulatory mechanism as for SO2 and NOX is that significant Hg emissions reductions, especially reductions of oxidized Hg, can and will be achieved by the air pollution controls designed and installed to reduce SO2 and NOX. Significant Hg emissions reductions can be obtained as a ``co-benefit'' of controlling emissions of SO2 and NOX; thus, the coordinated regulation of Hg, SO2, and NOX allows Hg reductions to be achieved in a cost- effective manner. The final rule also finalizes a performance specification (PS) (Performance Specification 12A, ``Specification and Test Methods for Total Vapor Phase Mercury Continuous Emission Monitoring Systems in Stationary Sources'') and a test method (``Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems''). The EPA is also taking final action to amend the definition of ``designated pollutant.'' The existing definition predates the Clean Air Act Amendments of 1990 (the CAAA) and, as a result, refers to section 112(b)(1)(A) which no longer exists. The EPA is also amending the definition of ``designated pollutant'' so that it conforms to EPA's interpretation of the provisions of CAA section 111(d)(1)(A), as amended by the CAAA. That interpretation is explained in detail in a separate Federal Register notice (70 FR 15994; March 29, 2005) announcing EPA's revision of its December 2000 regulatory determination and removing Utility Units from the 112(c) list of categories. For these reasons, EPA has determined that it is appropriate to promulgate the revised definition of ``designated pollutant'' without prior notice and opportunity for comment.