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

Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Lake County Sulfur Dioxide Regulations, Redesignation and Maintenance Plan
Document Number: 05-15058
Type: Proposed Rule
Date: 2005-07-29
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision for the control of sulfur dioxide (SO2) emissions in Lake County, Indiana. The SIP revision submitted by the Indiana Department of Environmental Management (IDEM) on April 8, 2005, and supplemented on July 6, 2005, amends 326 Indiana Administrative Code (IAC) Article 7. Indiana's revised SO2 rule consists of changes to 326 IAC 7-4 which sets forth facility-specific SO2 emission limitations and recordkeeping requirements for Lake County. The rule revision also reflects updates to company names, updates to emission limits currently in permits, deletion of facilities that are already covered by natural gas limits, or other corrections or updates. Due to changes in section numbers, references to citations in other parts of the rule have also been updated. EPA is also proposing to approve a request to redesignate the Lake County nonattainment area to attainment of the SO2 National Ambient Air Quality Standards (NAAQS), which was submitted for parallel processing by IDEM on June 21, 2005. In conjunction with these actions, EPA is also proposing to approve the maintenance plan for the Lake County nonattainment area to ensure that attainment of the NAAQS will be maintained. The SIP revision, redesignation request and maintenance plan are approvable because they satisfy the requirements of the Clean Air Act (Act). The rationale for the approval and other information are provided in this notice.
Agency Information Collection Activities: Proposed Collection; Comment Request; Information Request for National Emission Standards for Hazardous Air Pollutants From Plating and Polishing Operations, EPA ICR Number 2186.01
Document Number: 05-15057
Type: Notice
Date: 2005-07-29
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the Environmental Protection Agency (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.
Agency Information Collection Activities OMB Responses
Document Number: 05-15056
Type: Notice
Date: 2005-07-29
Agency: Environmental Protection Agency
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.
Notice of Availability: Tribal Drinking Water Operator Certification Program Final Guidelines
Document Number: 05-15055
Type: Notice
Date: 2005-07-29
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is announcing the availability of the Tribal Drinking Water Operator Certification Program (Program) Final Guidelines. EPA established the Program to further protect public health by providing operators of drinking water systems in Indian country additional training and certification opportunities for community and non-transient non-community drinking water systems. The Program guidelines establish baseline standards for non-State organizations certifying operators of systems in Indian county and outline a consistent method of assessing, tracking, and addressing the certification and training needs of those operators.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; VOC RACT for Perdue Farms, Inc.
Document Number: 05-15052
Type: Proposed Rule
Date: 2005-07-29
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision pertains to a Consent Order establishing volatile organic compound (VOC) reasonably available control technology (RACT) for Perdue Farms, Incorporated. This action is being taken under the Clean Air Act (CAA or the Act).
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Repeal of NOX
Document Number: 05-15051
Type: Proposed Rule
Date: 2005-07-29
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the Maryland State Implementation Plan (SIP). The revision repeals Maryland's Nitrogen Oxides (NOX) Budget Program under COMAR 26.11.27 and 26.11.28. This program implemented Maryland's portion of the Ozone Transport Commission (OTC) regional cap and trade program to significantly reduce transport of ozone in 12 northeastern states and the District of Columbia (DC), an area known as the Ozone Transport Region (OTR). Maryland's OTC NOX Budget Program has been superseded by its more stringent, federally-approved NOX Reduction and Trading Program which satisfies the NOX SIP Call. This action is in accordance with the Clean Air Act.
Environmental Impacts Statements; Notice of Availability
Document Number: 05-15050
Type: Notice
Date: 2005-07-29
Agency: Environmental Protection Agency
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: 05-15049
Type: Notice
Date: 2005-07-29
Agency: Environmental Protection Agency
EPA expressed environmental concerns about cumulative impacts to air and water quality as a result of prescribed fire, mechanical harvesting, and road construction, and requested the final EIS include additional information on monitoring and maintenance of the desired conditions. Rating EC2.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: 05-15044
Type: Rule
Date: 2005-07-29
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA), Region 2, announces the deletion of the North Sea Municipal Landfill Superfund Site (Site), located in Southampton, New York, from the National Priorities List (NPL) and requests public comment on this action. While the Site is located in Southampton, New York, it is erroneously listed on the NPL as being located in the City/County of North Sea. The NPL is Appendix B of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended. This Direct Final Notice of Deletion is being published by EPA with the concurrence of the State of New York, through the New York State Department of Environmental Conservation (NYSDEC). EPA and NYSDEC have determined that responsible parties or other persons have implemented all appropriate response actions required to public health or the environment.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: 05-15043
Type: Proposed Rule
Date: 2005-07-29
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 2 is issuing this notice of intent to delete the North Sea Municipal Landfill Superfund Site (Site), located in Southampton, New York from the National Priorities List (NPL) and requests public comment on this action. The NPL is Appendix B of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended. The EPA and the New York State Department of Environmental Conservation, have determined that responsible parties have implemented all appropriate response actions required. In the ``Rules and Regulations'' Section of today's Federal Register, we are publishing a direct final deletion of the North Sea Municipal Landfill Superfund Site without prior notice of this action because we view this as a noncontroversial revision and anticipate no significant adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no significant adverse comment(s) on this notice of intent to delete or the direct final notice of deletion, we will not take further action on this notice of intent to delete. If we receive significant adverse comment(s), we will withdraw the direct final notice of deletion and it will not take effect. We will, as appropriate, address all public comments. If, after evaluating public comments, EPA decides to proceed with deletion, we will do so in a subsequent final deletion notice based on this notice of intent to delete. We 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 notice of deletion which is located in the Rules section of this Federal Register.
National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products; List of Hazardous Air Pollutants, Lesser Quantity Designations, Source Category List; Reconsideration
Document Number: 05-14533
Type: Proposed Rule
Date: 2005-07-29
Agency: Environmental Protection Agency
On July 30, 2004, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for the plywood and composite wood products (PCWP) source category. The Administrator subsequently received a petition for reconsideration of certain provisions in the final rule. By a letter dated December 6, 2004, the Assistant Administrator for Air and Radiation granted the petition for reconsideration, explaining that we would publish a notice in the Federal Register to respond to the petition. We are issuing that notice and requesting comment on the approach used to delist a low-risk subcategory of PCWP affected sources, as outlined in the final rule, and on an issue related to the final rule's start-up, shutdown, and malfunction (SSM) provisions. We are not requesting comments on any other provisions of the final PCWP rule or any other rule. The petitioners also requested that we stay the effectiveness of the risk- based provisions of the final rule, pending reconsideration of those provisions. As stated in the December 6, 2004 letter, we are declining to take that action at the present time.
National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products
Document Number: 05-14532
Type: Proposed Rule
Date: 2005-07-29
Agency: Environmental Protection Agency
On July 30, 2004, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for the plywood and composite wood products (PCWP) source category. Stakeholders expressed concern with some of the final rule requirements, including definitions; the emissions testing procedures required for facilities demonstrating eligibility for the low-risk subcategory; stack height calculations to be used in low-risk subcategory eligibility demonstrations; and permitting and timing issues associated with the low-risk subcategory eligibility demonstrations. In this action, EPA proposes amendments to the final PCWP NESHAP to address these issues and to correct any other inconsistencies that were discovered during the review process. This action also clarifies some common applicability questions. We are seeking comment on the provisions of the final PCWP rule outlined in this action. We are not requesting comments addressing other provisions of the final PCWP rule.
National Emission Standards for Hazardous Air Pollutants; General Provisions
Document Number: 05-13497
Type: Proposed Rule
Date: 2005-07-29
Agency: Environmental Protection Agency
On May 30, 2003, EPA promulgated amendments to the General Provisions to the national emission standards for hazardous air pollutants (NESHAP). On July 29, 2003, we were petitioned to reconsider certain aspects of the final rule amendments. This notice announces our reconsideration and requests public comment.
Environmental Justice Strategic Plan Framework and Outline
Document Number: 05-15041
Type: Notice
Date: 2005-07-28
Agency: Environmental Protection Agency
On June 22, 2005 (70 FR 36167), EPA's Office of Environmental Justice announced a solicitation for public comment on the draft: (1) ``Framework for Integrating Environmental Justice;'' and (2) ``Environmental Justice Strategic Plan Outline,'' which includes proposed Environmental Justice Priorities (``EJ Priorities''). The Framework for Integrating Environmental Justice will be the foundation for the Environmental Justice Strategic Plan for FY2006-2011. The Environmental Justice Strategic Plan Outline identifies the anticipated structure of the EJ Strategic Plan. EPA is drafting the Environmental Justice Strategic Plan to integrate its environmental justice efforts more fully into the Agency's existing programs and operations, including its 5-year planning and budgeting processes. This supplemental notice announces an extension to the public comment period.
Availability of “Allocation of Funds for Fiscal Year 2005 Operator Training Grants”
Document Number: 05-14935
Type: Notice
Date: 2005-07-28
Agency: Environmental Protection Agency
EPA is announcing availability of a memorandum entitled ``Allocation of Funds for Fiscal Year 2005 Operator Training Grants'' issued on June 2, 2005. This memorandum provides National guidance for the allocation of funds used under Section 104(g)(1) of the Clean Water Act.
Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Carbon Black, Ethylene, Cyanide, and Spandex (Renewal), ICR Number 1983.04, OMB Number 2060-0489
Document Number: 05-14934
Type: Notice
Date: 2005-07-28
Agency: Environmental Protection Agency
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 August 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.
Agency Information Collection Activities: Proposed Collection; Comment Request; Clean Watersheds Needs Survey (Renewal), EPA ICR Number 0318.10, OMB Control Number 2040-0050
Document Number: 05-14933
Type: Notice
Date: 2005-07-28
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 July 31, 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.
Approaches for the Application of Physiologically-Based Pharmacokinetic (PBPK) Models and Supporting Data in Risk Assessment E-Docket ID No. ORD-2005-0022
Document Number: 05-14932
Type: Notice
Date: 2005-07-28
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is announcing a 30-day public comment period for the external review draft document titled, ``Approaches for the Application of Physiologically-Based Pharmacokinetic (PBPK) Models and Supporting Data in Risk Assessment'' (EPA/600/R-05/043A). The draft document was prepared by the EPA's National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development (ORD). EPA also anticipates that Versar, Inc., an EPA contractor for external scientific peer review, will convene a panel of experts and organize and conduct an external peer-review workshop. This workshop will be announced in a separate Federal Register notice, once EPA is notified by Versar, Inc., of the date and location for the workshop. The public comment period and the external peer-review workshop are separate processes that provide opportunities for all interested parties to comment on the document.
Approval and Promulgation of State Implementation Plans for Air Quality Planning Purposes; California-South Coast and Coachella
Document Number: 05-14931
Type: Proposed Rule
Date: 2005-07-28
Agency: Environmental Protection Agency
EPA is proposing to approve state implementation plan (SIP) revisions submitted by the State of California to provide for attainment of the particulate matter (PM-10) national ambient air quality standards (NAAQS) in the Los Angeles-South Coast Air Basin and the Coachella Valley Area, and to establish emissions budgets for these areas for purposes of transportation conformity. EPA is also proposing to approve revisions to fugitive dust regulations and ordinances for the areas. EPA is proposing to approve these SIP revisions under provisions of the Clean Air Act (CAA) regarding EPA action on SIP submittals, SIPs for national primary and secondary ambient air quality standards, and plan requirements for nonattainment areas.
Agency Information Collection Activities: Proposed Collection; Comment Request; Information Collection Request for Secondary Non-Ferrous Metals Processing Area Source Standard Development Questionnaire, EPA ICR Number 2200.01
Document Number: 05-14900
Type: Notice
Date: 2005-07-27
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 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.
Proposed CERCLA Administrative Cost Recovery Settlement; Shawn Callister, Plain City Drum Site, Weber County, Utah
Document Number: 05-14899
Type: Notice
Date: 2005-07-27
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. 9622(i), notice is hereby given of a proposed Administrative Order On Consent (AOC) for recovery of certain past response costs concerning the Plain City Drum Site in Weber County, Utah, with Mr. Shawn Callister, Respondent. The settlement requires Mr. Callister to pay $10,000.00 to the Hazardous Substance Superfund for partial payment of past response costs incurred by EPA. The AOC includes a covenant not to sue or to take judicial or administrative action against the Respondent pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). This covenant not to sue is conditioned upon the veracity and completeness of the Financial Information provided to EPA by Mr. Callister. The covenant not to sue extends only to Mr. Callister and does not extend to any other person. In response to the release or threatened release of hazardous substances at or from the Site, EPA undertook response actions at the Site pursuant to section 104 of CERCLA, 42 U.S.C. 9604, including emergency removal actions to overpack and properly dispose of twenty eight (28) 55-gallon drums containing flammable liquids. At the time of removal the drums were in poor condition. Some were bulging and some had rusting holes. On-site air monitoring showed the drums were releasing hazardous constituents in the air. The drums were located adjacent to a residence with horse corrals and were approximately 3.5 miles from the Harold's Crane Waterfowl Management Area.
Science Advisory Board Staff Office; Notification of a Teleconference of the Science Advisory Board Superfund Benefits Analysis Advisory Panel
Document Number: 05-14898
Type: Notice
Date: 2005-07-27
Agency: Environmental Protection Agency
The EPA Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Superfund Benefits Analysis Advisory Panel.
Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as Amended by the Superfund Amendments and Reauthorization Act (PRC Patterson Superfund Removal Site)
Document Number: 05-14897
Type: Notice
Date: 2005-07-27
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 Order on Consent (``AOC, Region 9 Docket No. 2005-0005) pursuant to Section 122(h) of CERCLA concerning the PRC PATTERSON SUPERFUND REMOVAL SITE (the ``Site''), located in Patterson, California. The respondent to the AOC is the Ramos Environmental Services (``Ramos''). Through the proposed AOC, Ramos will reimburse the United States $70,000 in response costs incurred at the Site. The AOC provides Ramos with a covenant not to sue and contribution protection for the removal action at the Site. This AOC follows three previous administrative settlements, and will be the last enforcement action regarding this Site. Ramos is the last remaining viable party that is potentially responsible for federal costs at the Site, and is resolving its liability after EPA determined its financial strength and ability to make a reimbursement payment. In total, EPA will have recovered $570,001 for this Site, leaving an unrecovered balance of approximately $200,000. For thirty (30) days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed AOC. The Agency's response to any comments received will be available for public inspection at EPA'S Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105.
Pinoxaden; Pesticide Tolerance
Document Number: 05-14896
Type: Rule
Date: 2005-07-27
Agency: Environmental Protection Agency
This regulation establishes a tolerance for combined residues of pinoxaden in or on barley and wheat. Syngenta Crop Protection, Inc., requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Lignosulfonates; Exemptions from the Requirement of a Tolerance
Document Number: 05-14887
Type: Rule
Date: 2005-07-27
Agency: Environmental Protection Agency
The Agency is establishing 44 exemptions from the requirement of a tolerance for residues of various lignosulfonate chemicals in or on raw agricultural commodities when used as inert ingredients in pesticide formulations applied to growing crops or to raw agricultural commodities after harvest, or to animals under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). This regulation eliminates the need to establish a maximum permissible level for residues of these lignosulfonate chemicals.
2,4-D; Pesticide Tolerance
Document Number: 05-14886
Type: Rule
Date: 2005-07-27
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of 2,4- dichlorophenoxyacetic acid (2,4-D) in or on hop, soybean, and wild rice . Interregional Research Project Number 4 (IR-4) and the Industry Task Force II on 2,4-D Research Data (Task Force) and its registrant members and affiliates on behalf of 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).
Agency Information Collection Activities: Proposed Collection; Comment Request; Notice of Arrival of Pesticides and Devices (EPA Form 3540-1). EPA ICR Number: 0152.08, OMB Control Number 2070-0020
Document Number: 05-14885
Type: Notice
Date: 2005-07-27
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 January 31, 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.
Pesticide Product; Registration Applications
Document Number: 05-14881
Type: Notice
Date: 2005-07-27
Agency: Environmental Protection Agency
This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.
Spiromesifen; Pesticide Tolerance; Technical Correction
Document Number: 05-14865
Type: Rule
Date: 2005-07-27
Agency: Environmental Protection Agency
EPA issued a final rule in the Federal Register of April 27, 2005, concerning tolerances for spiromesifen. This document is being issued to correct typographical errors regarding corn, sugar beet, and wheat tolerances in the tables of tolerances for 40 CFR Chapter I Part 180.607.
Potassium Silicate; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-14864
Type: Notice
Date: 2005-07-27
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 Availability Regarding Activity-Based Reentry Restrictions
Document Number: 05-14851
Type: Notice
Date: 2005-07-27
Agency: Environmental Protection Agency
To enhance transparency in the EPA's decision making, this notice announces the availability of its guidance, comments from interested parties, its response to stakeholder input, and several other documents related to the use of activity-based reentry restrictions. Based on consideration of the extensive stakeholder input, the EPA intends to continue with its case-by-case consideration in setting worker field reentry restrictions described in its 2001 guidance document.
Cyhexatin; Proposed Tolerance Actions
Document Number: 05-14738
Type: Proposed Rule
Date: 2005-07-27
Agency: Environmental Protection Agency
This document proposes to revoke, under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(e)(1), all existing tolerances for residues of the insecticide/acaricide cyhexatin because they do not meet requirements of FFDCA section 408(b)(2). EPA canceled food use registrations for cyhexatin in 1989. Currently, EPA determined that acute dietary risks from use of cyhexatin on commodities for which import tolerances exist exceed the Agency's level of concern. However, EPA also determined that if the only cyhexatin tolerance is for orange juice, there is a reasonable certainty that no harm to any population subgroup will result from exposure to cyhexatin treated oranges. Because manufacturers support a cyhexatin tolerance on orange juice for purposes of importation and the Agency has made a determination of safety for such a tolerance, EPA is also proposing that, concurrent with the revocation of the citrus fruit group tolerance, an individual time-limited tolerance be established for orange juice. The regulatory actions proposed in this document contribute toward the Agency's tolerance reassessment requirements under 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 41 tolerances which would be counted as tolerance reassessments toward the August 2006 review deadline.
DCPA; Order to Amend to Terminate Uses
Document Number: 05-14737
Type: Notice
Date: 2005-07-27
Agency: Environmental Protection Agency
This notice announces amendments to terminate certain uses of products containing the pesticide DCPA, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This notice follows a February 16, 2005 Federal Register Notice of Receipt of Request from the DCPA registrant to voluntarily amend to terminate certain uses of their DCPA product registrations. These are not the last DCPA products registered for use in the United States. In the February 16 Notice, EPA indicated that it would issue an order implementing the amendments to terminate the subject uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of the request. The Agency received three substantive comments on the Notice, two of which requested that several use sites proposed for termination be retained. EPA hereby issues in this notice an order to amend the subject registrations to terminate a subset of the uses initially requested for termination by the registrant. Any distribution, sale, or use of the DCPA products subject to this order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Flucarbazone-sodium; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-14736
Type: Notice
Date: 2005-07-27
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.
Orthosulfamuron; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-14606
Type: Notice
Date: 2005-07-27
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.
Propiconazole; Pesticide Tolerances for Emergency Exemptions
Document Number: 05-14599
Type: Rule
Date: 2005-07-27
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for combined residues of propiconazole 1-[[2-2,4-dichlorophenyl)-4-propyl- 1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole and its metabolites determined as 2,4-dichlorobenzoic acid and expressed as parent in or on soybean, soybean forage, and soybean hay. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on soybeans. This regulation establishes maximum permissible levels for residues of propiconazole in these food commodities. The tolerances will expire and are revoked on December 31, 2009.
Pymetrozine; Pesticide Tolerance
Document Number: 05-14598
Type: Rule
Date: 2005-07-27
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of pymetrozine in or on asparagus. 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).
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permits ExxonMobil Refining and Supply Company (ExxonMobil)
Document Number: 05-14735
Type: Notice
Date: 2005-07-26
Agency: Environmental Protection Agency
The EPA Administrator signed an order, dated June 29, 2005, denying a petition to object to State operating permits issued by the Louisiana Department of Environmental Quality (LDEQ) for the Clean Air Commitment Project of ExxonMobil. The project consists of one Prevention of Significant Deterioration permit and ten title V permits affecting multiple fuel processing units at the ExxonMobil facilities located at the Baton Rouge Refinery in East Baton Rouge Parish and the Anchorage tank farm in West Baton Rouge Parish. Pursuant to section 505(b)(2) of the Clean Air Act (Act), the petitioners may seek judicial review of this petition response in the United States Court of Appeals for the Fifth Circuit. Any petition must be filed within 60 days of the date this notice appears in the Federal Register, pursuant to seciton 307(d) of the Act.
Adequacy of Indiana Municipal Solid Waste Landfill Program
Document Number: 05-14734
Type: Proposed Rule
Date: 2005-07-26
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 5 is proposing to approve a modification to Indiana's approved municipal solid waste landfill (MSWLF) permit program. The modification allows the State to issue research, development and demonstration (RD&D) permits to owners and operators of MSWLF units in accordance with its state law.
Proposed Agreement and Covenant Not To Sue Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended by the Superfund Amendments and Reauthorization Act of 1986; In Re: Tin Corporation Superfund Site, Operable Unit Number One, Texas City, TX
Document Number: 05-14733
Type: Notice
Date: 2005-07-26
Agency: Environmental Protection Agency
In accordance with the Comprehensive Environmental Response Compensation, and Liability Act, as amended (``CERCLA'', 42 U.S.C. 9601, et. seq., notice is hereby given of a proposed Agreement and Covenant Not to Sue between the United States, on behalf of the U.S. Environmental Protection Agency (``EPA'') and Phoenix International Terminal, LLC (``Purchaser''). The Purchaser plans to acquire approximately 140 acres of property known as the Tex Tin Corporation Superfund Site, Operable Unit Number One (``Site''), that is currently owned by the Tex Tin Site Custodial Trust. The Purchaser intends to use the property to construct support facilities for the Texas City deep- water terminal at Shoal Point, now under construction, approximately 1.5 miles from the Site. Under the Proposed Agreement, the United States grants a Covenant Not to Sue to the Purchaser with respect to existing contamination at the Site in exchange for the Purchaser's agreement to pay $1,000,000 to the Trustee of the Tex Tin Custodial Trust. The Trustee will pay any outstanding liens on the property and any other expenses required by the Custodial Trust Agreement, and pay the balance of the purchase price left after payment of Trust expenses to EPA. In addition, the Purchaser agrees to provide an irrevocable right of access to representatives of EPA. 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, TX 75202.
Science Advisory Board (SAB) Staff Office, Notification of Upcoming Meetings of the Science Advisory Board Arsenic Review Panel
Document Number: 05-14732
Type: Notice
Date: 2005-07-26
Agency: Environmental Protection Agency
The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference and a public face-to-face meeting of the SAB Arsenic Review Panel.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
Document Number: 05-14609
Type: Proposed Rule
Date: 2005-07-26
Agency: Environmental Protection Agency
The EPA, Region VII, is issuing a notice of intent to delete the Red Oak City Landfill Superfund site (site) located near Red Oak, Iowa, from the 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 (CERCLA) of 1980, as amended, is found in appendix B of 40 CFR part 300 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the state of Iowa through the Iowa Department of Natural Resources (IDNR) have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. In the ``Rules and Regulations'' section of today's Federal Register, we are publishing a direct final notice of deletion of the Red Oak City Landfill Superfund site without prior notice of intent to delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no adverse comment(s) on the direct final notice of deletion, we will not take further action on this notice of intent to delete. If we receive adverse comment(s), we will withdraw the direct final notice of deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of deletion which is located in the Rules section of this Federal Register.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: 05-14608
Type: Rule
Date: 2005-07-26
Agency: Environmental Protection Agency
The EPA, Region VII, is publishing a direct final notice of deletion of the Red Oak City Landfill Superfund site (site), located near Red Oak, Iowa, from the NPL. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the state of Iowa, through the Iowa Department of Natural Resources (IDNR) because EPA has determined that all appropriate response actions under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is not appropriate.
Science Advisory Board Staff Office, Clean Air Scientific Advisory Committee (CASAC), CASAC Particulate Matter Review Panel, Notification of Public Advisory Committee Meeting (Teleconference)
Document Number: 05-14607
Type: Notice
Date: 2005-07-25
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee (CASAC) Particulate Matter (PM) Review Panel (Panel) to review the EPA staff recommendations concerning a potential thoracic coarse PM standard in the final PM Staff Paper.
Response to Petition Regarding Animal Welfare; Notice of Availability
Document Number: 05-14605
Type: Notice
Date: 2005-07-25
Agency: Environmental Protection Agency
EPA received a petition, dated April 5, 2005, from the People for the Ethical Treatment of Animals (PETA). The petition requests EPA initiate rulemaking to require that: All chemical testing conducted in connection with test rules and voluntary consent orders under the Toxic Substances Control Act (TSCA), as well as testing under the voluntary High Production Volume (HPV) Challenge Program, adhere to certain animal welfare principles contained in guidance provided to participants in the voluntary HPV Challenge Program; and EPA enforce those guidelines where they are not followed. The petition states that it is filed under section 21 of TSCA and section 553(e) of the Administrative Procedure Act (APA). Although EPA believes the petitioner's request is outside the scope of TSCA section 21, EPA responded to the petitioners within the 90-day timeframe established in TSCA for section 21 petitions. EPA has responded to the petition by denying the request and is announcing the public availability of this response.
Approval and Promulgation of Implementation Plans; Indiana
Document Number: 05-14601
Type: Rule
Date: 2005-07-25
Agency: Environmental Protection Agency
On July 9, 2002, the Indiana Department of Environmental Management (IDEM) submitted a request that EPA approve a revision to its process weight rate rule into the Indiana State Implementation Plan (SIP). The revision clarifies rule applicability, corrects incorrect weights presented in the process weight rate table included in the rule, allows certain sources to demonstrate compliance with the rule by adopting and substituting work standard practices, clarifies the definitions of particulate and particulate matter, and reduces duplicative recordkeeping requirements contained in the rule. EPA is approving the State's request.
Approval and Promulgation of Implementation Plans; Indiana
Document Number: 05-14600
Type: Proposed Rule
Date: 2005-07-25
Agency: Environmental Protection Agency
On July 9, 2002, the Indiana Department of Environmental Management (IDEM) submitted a request that EPA approve a revision to its process weight rate rules into the Indiana State Implementation Plan (SIP). The revision clarifies language and applicability to better establish IDEM's interpretation of the rule and to correct rates that were previously calculated incorrectly in the process weight rate table incorporated in the rule. EPA is proposing to approve the SIP revision request. In the rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision 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 proposed rule, no further action is contemplated in relation to this proposed rule. 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 on this action. Any parties interested in commenting on this action should do so at this time.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion
Document Number: 05-14535
Type: Rule
Date: 2005-07-25
Agency: Environmental Protection Agency
Environmental Protection Agency (EPA) is granting a petition submitted by Bayer Material Science LLC (Bayer) to exclude (or delist) a certain liquid waste generated by its Baytown, TX plant from the lists of hazardous wastes. This final rule responds to the petition submitted by Bayer to delist K027, K104, K111, and K112 treated effluent generated from the facility's waste water treatment plant. After careful analysis and use of the Delisting Risk Assessment Software (DRAS) EPA has concluded the petitioned waste is not hazardous waste. This exclusion applies to 18,071,150 cubic yards (5.745 billion gallons) per year of the Outfall 007 Treated Effluent. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when discharged in accordance with the facility's TPDES permit.
Pesticides; Procedural Regulations for Registration Review; Notice of Public Meeting
Document Number: 05-14602
Type: Proposed Rule
Date: 2005-07-22
Agency: Environmental Protection Agency
EPA is convening two public information sessions to explain the provisions of its recently published proposed rule establishing procedural regulations for registration review in 40 CFR part 155, subpart C. These meetings are open to the public.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: 05-14552
Type: Notice
Date: 2005-07-22
Agency: Environmental Protection Agency
EPA expressed environmental concerns with potential adverse impacts from increased access to the top of the plateau, to Colorado Cutthroat from sedimentation from new roads, fragmentation of critical winter habitat for mule deer, and reduction of areas with wilderness characteristics, and recommended that the Final EIS include mitigation measures identified in the analysis to reduce these impacts. Rating EC2.