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

Tribal Educational Outreach on Lead Poisoning and Baseline Assessment of Tribal Children's Existing and Potential Exposure and Risks Associated With Lead; Notice of Funds Availability
Document Number: 05-12953
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
EPA is soliciting grant proposals from Indian tribes to support Tribal educational outreach and to conduct a baseline assessment of Tribal children's existing and potential exposure to lead. EPA is awarding grants which will provide approximately $1.2 million to Indian tribes to perform those activities and to encourage Indian tribes to consider continuing such activities in the future. This notice describes eligibility, activities, application procedures and requirements, and evaluation criteria.
Dichlorvos (DDVP) Revised Ecological Risk Assessment; Notice of Availability
Document Number: 05-12952
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
This notice announces the availability of EPA's revised ecological risk assessment and start of the Phase 5 public comment period for the organophosphate pesticide Dichlorvos (DDVP). The public also is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing an Interim Reregistration Eligibility Decision (IRED) for DDVP through the full, 6-Phase 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.
Indoxacarb; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-12950
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
This notice announces the initial filing of pesticide petitions proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.
Agency Information Collection Activities: Proposed Collection; Comment Request; Reporting and Recordkeeping Requirements Under EPA's WasteWise program; EPA ICR Number 1698.06, OMB Control Number 2050-0139
Document Number: 05-12945
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
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 November 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.
Board of Scientific Counselors, Executive Committee Telecon Meeting-Summer 2005
Document Number: 05-12944
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
Pursuant to the Federal Advisory Committee Act, Pub. L. 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of an Executive Committee meeting (via conference call) of the Board of Scientific Counselors (BOSC). The conference call will focus on reviewing a draft report of the BOSC Particulate Matter/Ozone Research Subcommittee.
Eleventh Meeting of the World Trade Center Expert Technical Review Panel To Continue Evaluation on Issues Relating to Impacts of the Collapse of the World Trade Center Towers
Document Number: 05-12943
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
The World Trade Center Expert Technical Review Panel (or WTC Expert Panel) will hold its eleventh meeting intended to provide for greater input on continuing 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.
National Emission Standards for Hazardous Air Pollutants: Revision of Source Category List Under Section 112 of the Clean Air Act
Document Number: 05-12942
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
This action updates the list of major sources of hazardous air pollutants (HAP) emissions for which regulatory actions have been developed. The source category list is required under section 112(c) of the Clean Air Act (CAA) and was last published in the Federal Register on February 12, 2002. This action meets the requirement in section 112(c)(1) to publish from time to time, but no less often than every 8 years, a list of all major categories and subcategories of sources reflecting revisions since the list was last published. The revisions reflected in this notice have previously been published in actions associated with proposing and promulgating emission standards for individual source categories, and public comments have been requested in the context of those actions. This action does not include any revisions to the schedule for standards provided for by CAA section 112(e).
Ocean Dumping; De-Designation of Ocean Dredged Material Disposal Sites and Designation of New Sites; Correction
Document Number: 05-12941
Type: Rule
Date: 2005-06-30
Agency: Environmental Protection Agency
In the Federal Register on March 15, 2005 (70 FR 12632), the Environmental Protection Agency (EPA) proposed to correct a final rule that appeared in the Federal Register of March 2, 2005 (70 FR 10041). The document de-designated certain ocean dredged material disposal sites and designated new sites located off the mouth of the Columbia River near the states of Oregon and Washington. The coordinates for one of those sites, the Shallow Water site, contained a typographical error in the Overall Site Coordinates. In today's final rule, EPA finalizes the correction of the coordinates for the Shallow Water site.
Indiana: Final Authorization of State Hazardous Waste Management Program Revision
Document Number: 05-12940
Type: Proposed Rule
Date: 2005-06-30
Agency: Environmental Protection Agency
Indiana 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 proposing to authorize the State's changes through this proposed final action.
Adequacy Status of Evansville, Indiana, 8-Hour Ozone Redesignation and Maintenance Plan for Transportation Conformity Purposes
Document Number: 05-12939
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
In this notice, EPA is notifying the public that EPA has found that the motor vehicle emissions budgets in the Evansville, Indiana 8- hour ozone redesignation request and maintenance plan are adequate for conformity purposes. On March 2, 1999, the D.C. Circuit Court ruled that submitted State Implementation Plans (SIPs) cannot be used for conformity determinations until EPA has affirmatively found them adequate. As a result of our finding, the Evansville, Indiana area (which consists of Warrick and Vanderburgh Counties) can use the motor vehicle emissions budgets from the submitted 8-hour ozone redesignation request and maintenance plan for future conformity determinations. These budgets are effective July 15, 2005. The finding and the response to comments will be available at EPA's conformity Web site: http:// www.epa.gov/otaq/transp.htm, (once there, click on the ``Conformity'' button, then look for ``Adequacy Review of SIP Submissions for Conformity'').
Science Advisory Board Staff Office; Notification of an Upcoming Closed Meeting of the Science Advisory Board's Scientific and Technological Achievement Awards Committee-Closed Meeting
Document Number: 05-12935
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency's (EPA), Science Advisory Board (SAB) Staff Office announces a closed meeting of the SAB's Scientific and Technological Achievement Awards Committee to recommend to the Administrator the recipients of the Agency's 2005 Scientific and Technological Achievement Awards.
Deletion of Methyl Ethyl Ketone; Toxic Chemical Release Reporting; Community Right-to-Know
Document Number: 05-12928
Type: Rule
Date: 2005-06-30
Agency: Environmental Protection Agency
EPA is today amending its regulations to delete methyl ethyl ketone (MEK) from the list of chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). This action is being taken to comply with a DC Circuit decision and order requiring the Agency to delete MEK. Because this action is being taken to conform the regulations to the court's order, notice and comment are unnecessary, and this rule is effective immediately. Upon promulgation of this rule, facilities will no longer be required under EPCRA section 313 to report releases of and other waste management information on MEK, including those that occurred during the 2004 reporting year.
Pesticide Environmental Stewardship Program (PESP) Regional Grants; Notice of Funds Availability
Document Number: 05-12923
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
EPA's Office of Pesticide Programs (OPP), in coordination with the EPA Regional Offices, is soliciting applications for projects that further the goals of the Pesticide Environmental Stewardship Program (PESP). Eligible applicants include the 50 States, District of Columbia, U.S. Virgin Islands, Commonwealth of Puerto Rico, any territory or possession of the United States, any agency or instrumentality of a State including State universities, and all federally recognized Tribes. Under this program, assistance agreements will provide financial support to eligible applicants to carry out projects that reduce the risks associated with pesticide use in agricultural and non-agricultural settings. The total amount of funding available for award in FY 2005 is expected to be approximately $470,000, with a maximum funding level of $47,000 per project.
2-amino-4,5-dihydro-6-methyl-4-propyl-s-triazolo(1,5-alpha)pyrimidin-5-one (PP796); Notice of Filing a Pesticide Petition to Amend the Existing Tolerance Exemption
Document Number: 05-12922
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
This notice announces the initial filing of a pesticide petition by Syngenta Crop Protection, Inc. proposing to amend the established exemption from the requirement of a tolerance under 40 CFR 180.1065 for 2-amino-4,5-dihydro-6-methyl-4-propyl-s-triazolo(1,5- alpha)pyrimidin-5-one, which is also known as PP796, by increasing the amount that can be used to not more than 0.3 percent in formulation of paraquat dichloride.
Cyprodinil; Time-Limited Pesticide Tolerance
Document Number: 05-12921
Type: Rule
Date: 2005-06-30
Agency: Environmental Protection Agency
This regulation re-establishes time-limited tolerances for residues of cyprodinil, 4-cyclopropyl-6-methyl-N-phenyl-2- pyrimidinamine in or on onion, dry bulb; onion, green; and strawberry. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). These tolerances will expire on December 31, 2007.
Ethyl Maltol; Exemption from the Requirement of a Tolerance
Document Number: 05-12920
Type: Rule
Date: 2005-06-30
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of 2-ethyl-3-hydroxy- 4H-pyran-4-one, also known as ethyl maltol when used as an inert ingredient in or on growing crops, when applied to raw agricultural commodities after harvest, or to animals. Firmenich Incorporated 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 ethyl maltol.
Extension of Tolerances for Emergency Exemptions (Multiple Chemicals)
Document Number: 05-12919
Type: Rule
Date: 2005-06-30
Agency: Environmental Protection Agency
This regulation extends time-limited tolerances for the pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These actions are in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA.
Sethoxydim Risk Assessments; Notice of Availability
Document Number: 05-12918
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
This notice announces the availability of EPA's risk assessments and related documents for the cyclohexenone herbicide sethoxydim, and opens a public comment period on these documents. The public also is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED), for sethoxydim through a modified, 4-Phase 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.
Polychlorinated Biphenyls; Notice of Public Meeting
Document Number: 05-12916
Type: Notice
Date: 2005-06-30
Agency: Environmental Protection Agency
EPA will conduct a public meeting on polychlorinated biphenyls (PCBs) to discuss PCB remediation waste and related activities under the Toxic Substances Control Act (TSCA). Information obtained at the meeting will be considered by the Agency in preparing a response to the Office of Management and Budget (OMB) regarding a request for reform of PCB remediation waste disposal activities.
Soil Fumigant Assessments; Notice of Public Meeting
Document Number: 05-12917
Type: Notice
Date: 2005-06-29
Agency: Environmental Protection Agency
EPA will hold a public meeting to present to interested stakeholders the Agency's risk assessments for four soil fumigant pesticides: dazomet, metam sodium, methyl bromide, and 1,3-D or Telone. This public meeting, known as a ``Technical Briefing,'' will provide an opportunity for stakeholders to learn more about the data, information, and methodologies that the Agency used in developing its risk assessments for these pesticides. EPA is concurrently assessing six soil fumigants, including these four pesticides, to ensure that its risk assessment approaches are consistent, and to ensure that risk tradeoffs and economic outcomes can be adequately predicted in reaching risk management decisions. Risk assessments for two other soil fumigants, chloropicrin and a new active ingredient, iodomethane, will follow about a month later due to recently submitted data which are currently under review.
Approval and Promulgation of State Implementation Plans: Washington; Spokane Carbon Monoxide Nonattainment Area; Designation of Areas for Air Quality Planning Purposes
Document Number: 05-12713
Type: Rule
Date: 2005-06-29
Agency: Environmental Protection Agency
On November 29, 2004, the State of Washington submitted a carbon monoxide (CO) maintenance plan for the Spokane serious nonattainment area to EPA for approval. The State concurrently requested that EPA redesignate the Spokane CO serious nonattainment area to attainment for the National Ambient Air Quality Standard (NAAQS) for CO. In this action, EPA is approving the maintenance plan and redesignating the Spokane serious CO nonattainment area to attainment.
Approval and Promulgation of State Implementation Plans: Washington; Spokane Carbon Monoxide Nonattainment Area; Designation of Areas for Air Quality Planning Purposes
Document Number: 05-12712
Type: Proposed Rule
Date: 2005-06-29
Agency: Environmental Protection Agency
On November 29, 2004, the State of Washington submitted a carbon monoxide (CO) maintenance plan for the Spokane CO nonattainment area to EPA for approval. The State concurrently requested that EPA redesignate the Spokane CO nonattainment area to attainment for the National Ambient Air Quality Standard (NAAQS) for CO. In this action, EPA is proposing approval of the maintenance plan and redesignation of the Spokane CO nonattainment area to attainment.
FIFRA Scientific Advisory Panel; Notice of Public Meeting
Document Number: 05-12575
Type: Notice
Date: 2005-06-29
Agency: Environmental Protection Agency
There will be a 4-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review the n-methyl carbamate preliminary cumulative risk assessment.
Paraquat Dichloride; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-12445
Type: Notice
Date: 2005-06-29
Agency: Environmental Protection Agency
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.
Imazethapyr; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-12444
Type: Notice
Date: 2005-06-29
Agency: Environmental Protection Agency
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.
Notice of a Public Meeting: Expert Panel Workshop on Lead in Plumbing Fittings and Fixtures
Document Number: 05-12714
Type: Notice
Date: 2005-06-28
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is convening an expert panel workshop to discuss issues associated with the Lead and Copper Rule (LCR). This workshop will examine and discuss potential issues associated with lead in plumbing fittings and fixtures, including their potential to leach lead into water, existing standards and test protocols, utility challenges, and manufacturer perspectives.
Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act
Document Number: 05-12711
Type: Notice
Date: 2005-06-28
Agency: Environmental Protection Agency
In accordance with section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 6922(h)(1), notice is hereby given of a proposed administrative settlement concerning the Custom Plating Superfund Site (Site). The Site is located within a warehouse complex at 3215 Peachtree, Suite 138, Balch Springs, Dallas County, Texas. The settlement requires the Settling Party Peachtree Assets to pay a total of $120,000.00 for reimbursement of past response costs to the EPA Hazardous Substance Superfund. The settlement includes a covenant not to sue which includes, but is not limited to: (1) Any direct or indirect claim for reimbursement from the EPA Hazardous Substance Superfund pursuant to sections 106(b)(2), 107, 111, 112, and 113 of CERCLA, 42 U.S.C. 9606(b)(2), 9607, 9611, 9612, or 9613; (2) any claim arising out of the response actions at or in connection with the Site; and, (3) any claim against the United States pursuant to sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613, relating to the 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 Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733.
Science Advisory Board Staff Office; Notification of an Upcoming Science Advisory Board Meeting
Document Number: 05-12710
Type: Notice
Date: 2005-06-28
Agency: Environmental Protection Agency
The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference meeting of the chartered SAB to discuss two draft SAB reports.
Clean Air Act Federal Operating Permit Program; Notice of Final Permit Actions for Federal Operating Permits
Document Number: 05-12709
Type: Notice
Date: 2005-06-28
Agency: Environmental Protection Agency
This is notice that 24 Federal Tribal Operating permits have been issued from EPA Region VIII. These permits grant approval to the facilities identified in the permits to operate the air emission sources identified in the permits in accordance with the terms and conditions of the respective permits.
Notice of Meeting of the EPA's Children's Health Protection Advisory Committee (CHPAC)
Document Number: 05-12708
Type: Notice
Date: 2005-06-28
Agency: Environmental Protection Agency
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 July 12-14, 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.
Notice of Availability of “Award of Grants and Cooperative Agreements for the Special Projects and Programs Authorized by the Agency's FY 2005 Appropriations Act”
Document Number: 05-12707
Type: Notice
Date: 2005-06-28
Agency: Environmental Protection Agency
EPA is announcing the availability of a memorandum entitled ``Award of Grants and Cooperative Agreements for the Special Projects and Programs Authorized by the Agency's Fiscal Year (FY) 2005 Appropriations Act.'' This memorandum provides information and guidelines on how EPA will award and administer grants for the special projects and programs identified in the State and Tribal Assistance Grants (STAG) account of the Agency's FY 2005 Appropriations Act (Pub. L. 108-447). The STAG account provides budget authority for funding identified water, wastewater and groundwater infrastructure projects, as well as budget authority for funding the United States-Mexico Border Program, the Alaska Rural and Native Villages Program, and the Long Island Sound Restoration Program. Each grant recipient will receive a copy of this document from EPA.
Availability of Additional Information Supporting the Proposed Rule To Include Delaware and New Jersey in the Clean Air Interstate Rule, and Reopening of Comment Period for the Proposed Rule
Document Number: 05-12706
Type: Proposed Rule
Date: 2005-06-28
Agency: Environmental Protection Agency
We are soliciting comment on modeling information relevant to our May 12, 2005, proposal to include the States of Delaware and New Jersey within the scope of the Clean Air Interstate Rule (CAIR) for purposes of assessing significance of contribution to downwind States' attainment of the National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5) (70 FR 25408). Note that we are soliciting comment only on this modeling information, and are not reopening, reconsidering, or otherwise seeking comment on any aspect of the CAIR. This information is summarized in a table listing the combined contributions of emissions of sulfur dioxide (SO2) and nitrogen oxides (NOX) from Delaware and New Jersey, to annual average PM2.5 concentrations in projected 2010 nonattainment counties in other States within the Eastern United States. This table is included in Section III below. Detailed background information describing the rulemaking may be found in two previously published actions: 1. Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule); Final Rule, 70 FR 25162, May 12, 2005; and, 2. Inclusion of Delaware and New Jersey in the Clean Air Interstate Rule; Proposed Rule, 70 FR 25408, May 12, 2005. These actions and the table listed above are available in the public docket (Docket Number OAR-2003-0053) and are also available for public review on the Web site for this rulemaking at http://www.epa.gov/cleanairinterstaterule. We have chosen to include material for this rulemaking as part of the CAIR docket. However, this is a separate rulemaking, and we are not soliciting comment on any aspect of the CAIR rule. We may place additional documents in the docket, and if we do so, we will announce their availability by posting a notice on the CAIR Web site shown above. In addition, we are reopening the comment period for the Proposed Rule to Include Delaware and New Jersey in the Clean Air Interstate Rule so it coincides with the comment period for this NODA.
Approval and Promulgation of State Implementation Plans; Ohio; Revised Oxides of Nitrogen (NOX
Document Number: 05-12665
Type: Rule
Date: 2005-06-27
Agency: Environmental Protection Agency
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 SIP. The Ohio SIP revision addresses some minor corrections in the rules and also incorporates by reference specific elements of the NOX SIP Call. EPA is approving the Ohio request because the changes conform to EPA policy under the Clean Air Act. 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 control program would not be cost effective. EPA proposed approval of this SIP revision and published a direct final approval on January 19, 2005. We received adverse comments on the proposed rulemaking, and therefore withdrew the direct final rulemaking on March 14, 2005.
National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters: Reconsideration
Document Number: 05-12662
Type: Proposed Rule
Date: 2005-06-27
Agency: Environmental Protection Agency
The EPA is requesting comment on certain aspects of our national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters, which EPA promulgated on September 13, 2004. After promulgation of the final regulations for boilers and process heaters, the Administrator received petitions for reconsideration of certain provisions in the final rule. In this document, the EPA is initiating the reconsideration of some of those provisions. We are requesting comment on certain provisions of the approach used to demonstrate eligibility for the health-based compliance alternatives, as outlined in appendix A of the final rule, and on the provisions establishing a health-based compliance alternative for total selected metals. We are not requesting comment on any other provisions of the final rule. We are not granting petitioners' request that we stay the effectiveness of the health-based compliance provisions of the final rule, pending this reconsideration action.
Approval and Disapproval of Ohio Implementation Plan for Particulate Matter
Document Number: 05-12659
Type: Proposed Rule
Date: 2005-06-27
Agency: Environmental Protection Agency
EPA is proposing action on various particulate matter rule revisions that Ohio submitted on June 4, 2003. EPA is proposing to approve numerous minor provisions that clarify a variety of elements of these rules. However, EPA is proposing to disapprove revisions that provide for use of continuous opacity monitoring data but allow more exceedances of the general opacity limit in cases where an eligible large coal fired boiler opts to use these data for determining compliance. EPA proposes to find that these revisions constitute a relaxation of the opacity rules, and that, contrary to section 110(l) of the Clean Air Act, these revisions may interfere with satisfaction of relevant state planning requirements.
Project XL Site-Specific Rulemaking for the Ortho-McNeil Pharmaceutical, Inc. Facility in Spring House, PA Involving On-Site Treatment of Mixed Wastes
Document Number: 05-12658
Type: Rule
Date: 2005-06-27
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is today finalizing this rule to implement a pilot project under the Project XL program, providing site-specific regulatory flexibility under the Resource Conservation and Recovery Act (RCRA), as amended, for the Ortho-McNeil Pharmaceutical, Inc. facility in Spring House, Pennsylvania (OMP Spring House). The principal objective of this XL project is to obtain information helpful to determining whether regulatory oversight by the Nuclear Regulatory Commission (NRC), or NRC Agreement States, under authority of the Atomic Energy Act (AEA) is sufficient to ensure protection of human health and the environment regarding the management of certain small volumes of mixed wastes (i.e., RCRA hazardous wastes that also contain radioactive materials) that are both generated and treated in an NRC-licensed pharmaceutical research and development laboratory. If, as a result of this XL project, the Agency determines that certain small volumes of low-level mixed wastes (LLMW) generated and managed under NRC oversight need not also be subject to RCRA hazardous waste regulations to ensure protection of human health and the environment, EPA may consider adopting the approach on a national basis.
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Bernalillo County, NM; Negative Declaration; Correction
Document Number: 05-12657
Type: Rule
Date: 2005-06-27
Agency: Environmental Protection Agency
The EPA published in the Federal Register on January 10, 2005, a document concerning approving a negative declaration submitted by the City of Albuquerque (Bernalillo County), New Mexico, which certified that there are no existing commercial and industrial solid waste incineration units in Bernalillo County. This document corrects an error which may prove to be misleading in the regulation.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Milestones Plans for the Bleached Papergrade Kraft and Soda Subcategory of the Pulp, Paper and Paperboard Manufacturing Category (Renewal), EPA ICR Number 1877.03, OMB Control Number 2040-0202
Document Number: 05-12656
Type: Notice
Date: 2005-06-27
Agency: Environmental Protection Agency
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 June 30, 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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; BEACH Act Grant Program (Renewal), EPA ICR Number 2048.02, OMB Control Number 2040-0244
Document Number: 05-12655
Type: Notice
Date: 2005-06-27
Agency: Environmental Protection Agency
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 July 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.
Proposed CERCLA Administrative Past Cost Recovery Settlement: 47th and Dan Ryan Superfund Site Gustavo and Guadalupe Martinez d/b/a Menchaca Transport Express, and Biddle Sawyer Corporation
Document Number: 05-12653
Type: Notice
Date: 2005-06-27
Agency: Environmental Protection Agency
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative Agreement for Recovery of Past Response Costs (``Agreement''), issued pursuant to Section 122(h)(1) of CERCLA, concerning the 47th and Dan Ryan Superfund Site in Chicago, Cook County, Illinois, between the United States Environmental Protection Agency (``U.S. EPA'' or ``the Agency'') and the following Settling Parties:
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Withdrawal of Direct Final Rule
Document Number: 05-12580
Type: Rule
Date: 2005-06-27
Agency: Environmental Protection Agency
Due to adverse comments, EPA is withdrawing the direct final rule to approve clarifications to the exception provisions of the Maryland visible emissions regulations. In the direct final rule published on April 26, 2005 (70 FR 21337), we stated that if we received adverse comment by May 26, 2005, the rule would be withdrawn and not take effect. EPA subsequently received two adverse comments. EPA will address the comments received in a subsequent final action based upon the proposed action also published on April 26, 2005 (70 FR 21387). EPA will not institute a second comment period on this action.
State Allotment Percentages for the Drinking Water State Revolving Fund Program
Document Number: 05-12660
Type: Notice
Date: 2005-06-24
Agency: Environmental Protection Agency
The 1996 Safe Drinking Water Act (SDWA) Amendments established a Drinking Water State Revolving Fund (DWSRF) program and authorized $9.6 billion to be appropriated for the program through fiscal year 2003. Congress directed that allotments for fiscal year 1998 and subsequent years would be distributed among States based on the results of the most recent Drinking Water Infrastructure Needs Survey and Assessment. In this notice, the Environmental Protection Agency (EPA) is announcing revised DWSRF program State allotment percentages in accordance with the results from the most recent 2003 Drinking Water Infrastructure Needs Survey and Assessment (Needs Assessment), which was released on June 14, 2005. The revised State allotment percentages affect DWSRF program appropriations for fiscal years 2006 through 2009. Beginning in fiscal year 1998, EPA established a formula that allocates funds to the States based directly on each State's proportional share of the total need for States, provided that each State receives a minimum share of one percent of the funds available to the States, as required by the SDWA. EPA has made the determination that it will continue to use this method for allocating DWSRF program funds. The findings from the 2003 Needs Assessment will change the percentage of the DWSRF program funding received by some States in prior years. This change reflects an increase or decrease in these States' share of the total needs for States and will allow appropriations disbursements to more accurately reflect the needs of the States to reach the public health objectives of the SDWA. The Agency believes that the 2003 Needs Survey and Assessment more accurately captures needs for necessary long-term rehabilitation and replacement of deteriorating infrastructure that were under-reported in the earlier surveys.
Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Control of VOC Emissions From Aerospace, Mobile Equipment, and Wood Furniture Surface Coating Applications for Allegheny County
Document Number: 05-12582
Type: Proposed Rule
Date: 2005-06-24
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the Allegheny County portion of the Commonwealth of Pennsylvania State Implementation Plan (SIP). This revision, submitted by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD), establishes standards and requirements to control volatile organic compounds (VOCs) emissions from aerospace, mobile equipment, and wood furniture surface coating applications, and modifies existing regulations for general and specific coating processes. This revision updates the ACHD's regulations to make them consistent with the Commonwealth's SIP-approved regulations regarding the affected surface coating processes. 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 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.
Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Control of VOC Emissions From Aerospace, Mobile Equipment, and Wood Furniture Surface Coating Applications for Allegheny County
Document Number: 05-12581
Type: Rule
Date: 2005-06-24
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the Allegheny County portion of the Commonwealth of Pennsylvania State Implementation Plan (SIP). This revision, submitted by the Pennsylvania Department of Environmental Protection (PADEP) on behalf of the Allegheny County Health Department (ACHD), establishes standards and requirements to control volatile organic compounds (VOCs) emissions from aerospace, mobile equipment, and wood furniture surface coating applications, and modifies existing regulations for general and specific coating processes. This revision updates the ACHD's regulations to make them consistent with the Commonwealth's SIP- approved regulations regarding the affected surface coating processes. EPA is approving this revision to the Allegheny portion of the Commonwealth of Pennsylvania SIP in accordance with the requirements of the Clean Air Act.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Amendment
Document Number: 05-12579
Type: Proposed Rule
Date: 2005-06-24
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA, also ``the Agency'' or ``we'' in this preamble) is proposing to modify an exclusion (or ``delisting'') from the lists of hazardous waste previously granted to Nissan North America, Inc. (Nissan) in Smyrna, Tennessee. This action responds to a petition for amendment submitted by Nissan to increase the maximum annual volume covered by its current exclusion for a F019 listed hazardous waste. The Agency is basing its tentative decision to grant the petition for amendment on an evaluation of specific information provided by the petitioner. This tentative decision, if finalized, would increase the annual volume of waste conditionally excluded from the requirements of the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA).
Delegation of Authority to the States of Iowa and Kansas for New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP); and Maximum Achievable Control Technology (MACT) Standards
Document Number: 05-12577
Type: Rule
Date: 2005-06-24
Agency: Environmental Protection Agency
The states of Iowa and Kansas have submitted updated regulations for delegation of EPA authority for implementation and enforcement of NSPS, NESHAP, and MACT. The submissions cover new EPA standards and, in some instances, revisions to standards previously delegated. EPA's review of the pertinent regulations shows that they contain adequate and effective procedures for the implementation and enforcement of these Federal standards. This action informs the public of delegations to the above-mentioned agencies.
National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing
Document Number: 05-12576
Type: Rule
Date: 2005-06-24
Agency: Environmental Protection Agency
We are taking final action to amend the national emission standards for hazardous air pollutants (NESHAP) for Cellulose Products Manufacturing. This amendment will correct the date in the definition of a process change that was included in the final rule. Without this amendment, the earliest date on which changes could qualify as process changes for compliance purposes would be January 1992. With this action, process changes implemented in January 1991 and later can qualify as process changes for compliance purposes. This action corrects an error by the Agency and makes the regulatory language consistent with the technical background work that was performed during the development of the standards. Thus, it is proper to issue this final rule correction without notice and comment.
Certain New Chemicals; Receipt and Status Information
Document Number: 05-12574
Type: Notice
Date: 2005-06-24
Agency: Environmental Protection Agency
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 TSC, 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 May 11, 2005 to June 8, 2005, consists of the PMNs 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.
Environmental Impacts Statements; Notice of Availability
Document Number: 05-12529
Type: Notice
Date: 2005-06-24
Agency: Environmental Protection Agency