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

EPA is taking direct final action to correct, amend, and revise certain provisions of the Highway Diesel Rule adopted on January 18, 2001 (66 FR 5002), and the Nonroad Diesel Rule on June 29, 2004 (69 FR 38958). First, it makes minor corrections to clarify the regulations governing compliance with the diesel fuel standards. These minor corrections focus primarily on the Nonroad Rule, however, some may affect provisions contained in the Highway Rule that were overlooked at the time the Nonroad Rule was finalized. Second, it amends the designate and track provisions to account for companies within the fuel distribution system that perform more than one function related to fuel production and/or distribution. This will alleviate the problem of inaccurate volume balances due to a company performing multiple functions. Finally, with respect to the generation of fuel credits, it revises the regulatory text to allow refiners better access to early highway diesel fuel credits. The intention of this amendment is to help ensure a smooth transition to ultra low-sulfur diesel fuel nationwide.

In the Federal Register of July 1, 2005, 70 FR 38133, EPA announced the Notice of a public meeting scheduled for the Clean Air Act Advisory Committee for July 27 and 28, 2005, but inadvertently listed the dates as Thursday July 27, and Friday July 28. This notice is being published to correct the dates as Wednesday July 27, and Thursday July 28, 2005. Pursuant to the Federal Advisory Committee Act (Public Law 92-463), notice is hereby given that the Clean Air Act Advisory Committee will hold its next open meeting on Thursday July 28, 2005. On July 28 the meeting will begin at 8:30 a.m. to 3:30 p.m. at the Double Tree Hotel, 300 Army Navy Drive, Arlington, VA 22202. The Subcommittee meetings will be held on Wednesday July 27, 2005, at 8:30 a.m. to 4:30 p.m. at the same location as the full Committee. Seating will be available on a first come, first served basis. The Mobile Source Technical Review subcommittee will not meet at this time. The agenda for the full committee meeting will be posted on the CAAAC Web site: https:// www.epa.gov/oar/caaac/. It is open to the public.

Notice is hereby given of receipt of requests for initial certification of alternative monitoring systems for nitrogen oxides emissions under the Acid Rain Program or the NOX Budget Program. The emissions monitoring regulations require EPA to provide notice of each request in the Federal Register and, following a public comment period of 60 days, to approve or disapprove the request. EPA has recently received requests for initial certification of nine alternative monitoring systems. All of these are predictive emission monitoring systems (PEMS). In order to be considered equivalent to a continuous emission monitoring system, each of these PEMS must meet the regulatory requirements for approval of an alternative monitoring system. EPA has conditionally approved three of these PEMS and is still reviewing the other six PEMS petitions.

EPA has granted or denied emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions or denials were granted during the period January 1, 2005 to March 31, 2005 to control unforseen pest outbreaks.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), announces three meetings of the Board of Scientific Counselors (BOSC) Global Change Subcommittee. The conference calls and face-to-face meeting will focus on reviewing the Office of Research and Development's Global Change Research Program.

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 to renew an existing, approved ``emergency'' collection. This ICR is scheduled to expire on September 30, 2005. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

EPA is designating the use of the active ingredient, potassium triiodide as a non-food use pesticide when applied to melons, grapes and bananas grown in foreign countries, and is adding an entry to 40 CFR 180.2020 noting the non-food use determination. This determination is based on the Agency's evaluation of data which indicates that dietary exposure to iodide and/or iodine resulting from the application of potassium triiodide to melons, grapes, and bananas is expected, to the extent any is present, to be indistinguishable from the background levels of existing dietary exposure resulting from the naturally- occurring sources of iodine chemicals. The effect of this designation is that EPA does not require that a tolerance or exemption from tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a, be established as a condition of registration of the pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et. seq.

EPA issued a direct final rule on March 29, 2005, (70 FR 15769), that approved Texas State Implementation Plan (SIP) revisions. The approved revisions pertain to regulations to control volatile organic compound (VOC) emissions from solvent degreasing processes, cutback asphalt, and motor vehicle fuel dispensing facilities. The language in the March 29, 2005 Federal Register amended the table in 40 CFR 52.2270(c) titled ``EPA Approved Regulations in the Texas SIP''. The amendatory language failed to: Update the table for control of vehicle refueling emissions (Stage II) at motor vehicle fuel dispensing facilities, and add a table heading for cutback asphalt regulations. This document corrects these two mistakes.

This notice announces the availability of EPA's Tolerance Reassessment Decision (TRED) for the pesticide cyhexatin. The Agency's risk assessments and other related documents also are available in the Cyhexatin Docket. Through the tolerance reassessment program, EPA is ensuring that all pesticides meet current health and food safety standards.

This notice announces the availability of EPA's human health and environmental fate and effects risk assessments and related documents for the fumigant methyl bromide, and opens a public comment period on these documents. EPA is developing the Reregistration Eligibility Decision (RED) for methyl bromide through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. EPA also is concurrently assessing the risks of five other soil fumigant pesticides to ensure that its assessment approaches are consistent, and to ensure that risk tradeoffs and economic outcomes can be adequately predicted in reaching risk management decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces the availability of EPA's human health risk assessment and related documents for the pesticide metam sodium, and opens a public comment period on these documents. EPA is developing a Reregistration Eligibility Decision (RED) for metam sodium through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. EPA also is concurrently assessing the risks of five other soil fumigant pesticides to ensure that its assessment approaches are consistent and to ensure that risk trade offs and economic outcomes can be adequately predicted in reaching risk management decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

EPA is making available for comment a proposed Settlement Agreement that would establish a series of deadlines for the Agency to make ``effects determinations'' on pesticides containing any of six active ingredients to determine their potential effects on the Barton Springs Salamander, Eurycea sosorum, or its designated critical habitat. If the Agency determines a pesticide ``may affect and is likely to adversely affect'' the listed species, the Agency will initiate formal consultation with the U.S. Fish and Wildlife Service (FWS). EPA will evaluate all comments received during the public comment period to determine whether all or part of the proposed Settlement Agreement warrants reconsideration. This proposed Settlement Agreement, if entered by the Court, would resolve a lawsuit brought against EPA by the Center for Biological Diversity and the Save Our Springs Alliance (jointly, plaintiffs).

EPA proposes to approve the Commonwealth of Virginia Department of Environmental Quality (DEQ) small municipal waste combustor plan (the plan) for implementing emission guideline (EG) requirements promulgated under the Clean Air Act (the Act). In the Final Rules section of this Federal Register, EPA is approving the plan, under the provisions of sections 111 and 129 of the Act, as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

The National Environmental Education and Training Foundation was created by Section 10 of Public Law 101-619, the National Environmental Education Act of 1990. It is a private 501(c)(3) non- profit organization established to promote and support education and training as necessary tools to further environmental protection and sustainable, environmentally sound development. It provides the common ground upon which leaders from business and industry, all levels of government, public interest groups, and others can work cooperatively to expand the reach of environmental education and training programs beyond the traditional classroom. The Foundation supports a grant program that promotes innovative environmental education and training programs; it also develops partnerships with government and other organizations to administer projects that promote the development of an environmentally literal public. The Administrator of the U.S. Environmental Protection Agency, as required by the terms of the Act, announces the following appointment to the National Environmental Education and Training Foundation, Inc. Board of Trustees. The appointee is J.L. Armstrong, National Manager, Diversity, DevelopmentCommunity, Toyota Sales, USA, Inc. The appointee will join the current Board members which include: Braden Allenby, Vice President, Environment, Health and Safety, AT&T Richard Bartlett, (NEETF Chairman) Vice Chairman, Mary Kay Holding Corporation Dorothy Jacobson, Consultant Karen Bates Kress, President, KBK Consulting, Inc. Dorothy McSweeny, (NEETF Vice Chair), Chair, DC Commission on the Arts and Humanities Honorable William Sessions, former Director of the Federal Bureau of Investigation. Additional Considerations: Great care has been taken to assure that this new appointee not only has the highest degree of expertise and commitment, but also brings to the Board diverse points of view relating to environmental education and training. This appointment shall be for two consecutive four year terms.

On January 31, 2005 (70 FR 4958), EPA announced an opportunity for animal feeding operations (AFO) to sign a voluntary consent agreement and final order (air compliance agreement). The comment period ended May 2, 2005. This supplemental notice publishes the Agency's response to comments.

EPA is taking direct final action on amendments which correct typographical numbering errors in the instructions amending the Code of Federal Regulations (CFR) in the approval of the serious area plan for attainment of the annual and 24-hour PM10 standards for Wallula, Washington, published on May 2, 2005. PM10 is particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers.

To improve reporting efficiency and effectiveness, reduce burden, and promote data reliability and consistency across Agency programs, EPA is simplifying the Toxics Release Inventory (TRI) reporting requirements. TRI reporting is required by section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). This rule simplifies the TRI reporting requirements by removing some data elements from the Form R and Form A Certification Statement (hereafter referred to as Form A) that can be obtained from other EPA information collection databases, streamlining other TRI data elements through range codes and a reduced number of reporting codes, and eliminating a few data elements from the Form R. This rule also makes two technical corrections to the regulations to provide corrected contact information and to remove an outdated description of a pollution prevention data element.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of Notices of Commencement to manufacture those chemicals. This status report, which covers the period from June 9, 2005 to June 20, 2005, consists of the PMNs and TME, both pending or expired, and the Notices of Commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

In accordance with the provisions of section 1413 of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300g-2, and 40 CFR 142.13, public notice is hereby given that the State of North Dakota has revised its Public Water System Supervision (PWSS) Primacy Program by adopting federal regulations for the Arsenic Rule and Long Term 1 Enhanced Surface Water Treatment Rule, which correspond to 40 CFR Parts 141 and 142. The EPA has completed its review of these revisions in accordance with SDWA, and proposes to approve North Dakota's primacy revisions for the above stated Rules. Today's approval action does not extend to public water systems in Indian country, as defined in 18 U.S.C. 1151. Please see Supplementary Information, Item B.

This action proposes standards of performance for stationary compression ignition (CI) internal combustion engines (ICE). These standards implement section 111(b) of the Clean Air Act (CAA) and are based on the Administrator's determination that stationary CI ICE cause, or contribute significantly to, air pollution that may reasonably be anticipated to endanger public health or welfare. The intended effect of the standards is to require all new, modified, and reconstructed stationary CI ICE to use the best demonstrated system of continuous emission reduction, considering costs, non-air quality health, and environmental and energy impacts, not just with add-on controls, but also by eliminating or reducing the formation of these pollutants. The proposed standards would reduce nitrogen oxides (NOX) by an estimated 38,000 tons per year (tpy), particulate matter (PM) by an estimated 3,000 tpy, sulfur dioxide (SO2) by an estimated 9,000 tpy, non-methane hydrocarbons (NMHC) by an estimated 600 tpy, and carbon monoxide (CO) by an estimated 18,000 tpy in the year 2015.

Under section 4 of the Toxic Substances Control Act (TSCA), EPA has issued a testing consent order (Order) that incorporates an enforceable consent agreement (ECA) with AGC Chemicals Americas, Inc.; Daikin America, Inc.; Dyneon, LLC; and E.I. du Pont de Nemours and Company (the Companies). The Companies have agreed to perform incineration testing of four formulated composites of fluoropolymer (FP) chemicals representative of products currently available in the marketplace. This document announces the ECA and the Order that incorporates the ECA for this testing, and summarizes the terms of the ECA. As a result of the ECA and Order that incorporates the ECA, exporters of any of the formulated composites containing FP chemicals, including persons who do not sign the ECA, are subject to export notification requirements under section 12(b) of TSCA. This document adds the four formulated composites of FP chemicals to the table of testing consent orders for substances and mixtures without Chemical Abstract Service (CAS) Registry Numbers. Data developed from the ECA testing will contribute to the Agency's efforts to determine whether municipal and/or medical waste incineration of FPs is a potential source and/or pathway of environmental and human exposure to perfluorooctanoic acid (PFOA). The data will also contribute to the Agency's continuing efforts to achieve healthy communities and ecosystems.

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

EPA is amending certain regulations to reflect the current delegation status of national emission standards for hazardous air pollutants (NESHAPs) in Arizona and Nevada. Several NESHAPs were delegated to the Pima County Department of Environmental Quality on December 28, 2004, and to the Nevada Division of Environmental Protection on April 15, 2005. The purpose of this action is to update the listing in the Code of Federal Regulations.

On April 30, 2004, the EPA (we)(in this preamble, the terms ``we'' and ``us'' refers to the EPA, and ``our'' refers to EPA's. All other entities are referred to by their respective names (e.g., commenter)) took final action on key elements of the program to implement the 8-hour ozone national ambient air quality standard (NAAQS or 8-hour standard). In that final action, we addressed certain implementation issues related to the 8-hour standard, including the nonattainment major New Source Review (NSR) program mandated by part D of title I of the Clean Air Act (``the Act'' or ``CAA''). Following this action, EarthJustice filed a petition on behalf of several organizations requesting reconsideration of several aspects of the final rule including implementation of the nonattainment major NSR program, among other issues. By a letter, dated September 23, 2004, we granted reconsideration of three issues raised by the petition for reconsideration filed by EarthJustice. One of these issues relates to implementation of the major NSR program. On April 4, 2005, in response to the request for reconsideration relating to aspects of the nonattainment major NSR program for the 8- hour standard, we proposed to retain the final rule as promulgated on April 30, 2004. (70 FR 17018). We requested comment on and provided additional information related to whether we should interpret the Act to require areas to retain major NSR requirements that apply to certain 1-hour ozone nonattainment areas in implementing the 8-hour standard. We also requested comment on whether we properly concluded that a State's request to remove 1-hour major NSR provisions from its State Implementation Plan (SIP) will not interfere with any applicable requirement within the meaning of section 110(l) of the Act. Today, we are re-affirming our April 30, 2004 final rule. We conclude that the requirements for nonattainment major NSR under the 8- hour standard will be based on a nonattainment area's classification for the 8-hour standard, and that States may remove their 1-hour major NSR programs from their SIPs now that we have revoked the 1-hour standard. We believe that our conclusions are consistent with the Act, including section 110(l), our anti-backsliding policy we established for the 8-hour standard, and the ability of areas to achieve reasonable further progress (RFP) and attainment.