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

Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; National Pollutant Discharge Elimination System Great Lakes Water Quality Guidance, EPA ICR Number 1639.05, OMB Control Number 2040-0180
Document Number: 05-17369
Type: Notice
Date: 2005-08-31
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 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; Submission for OMB Review and Approval; Comment Request; NSPS for Metallic Mineral Processing Plants (Renewal), ICR Number 0982.08, OMB Number 2060-0016
Document Number: 05-17368
Type: Notice
Date: 2005-08-31
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 September 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.
S-metolachlor; Pesticide Tolerance
Document Number: 05-17367
Type: Rule
Date: 2005-08-31
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues (free and bound) of S-metolachlor in or on certain commodities as set forth in Unit II. of the SUPPLEMENTARY INFORMATION. The Interregional Research Project Number 4 (IR-4), 681 U.S. Highway 1 South, North Brunswick, NJ 08902-3390, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), on behalf of the registrant, Syngenta Crop Protection, Swing Road, Greensboro, NC 276419.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Enforcement Policy Regarding the Sale and Use of Aftermarket Catalytic Converters (Renewal), EPA ICR Number 1292.07, OMB Control Number 2060-0135
Document Number: 05-17366
Type: Notice
Date: 2005-08-31
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 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.
Permethrin; Notice of Availability of Risk Assessments and Opening of Docket
Document Number: 05-17365
Type: Notice
Date: 2005-08-31
Agency: Environmental Protection Agency
This notice announces the availability of EPA's preliminary human health and ecological risk assessments and related documents for permethrin, a synthetic pyrethroid insecticide, and opens a public comment period on these documents. The public is encouraged to provide information to refine assessed risks, and suggest risk management ideas or proposals to address the risks identified. At this time, EPA is intending to develop a Reregistration Eligibility Decision (RED) for permethrin through a modified 4-phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance assessment decisions. For permethrin, a modified 4-Phase process with one public comment period and ample opportunity for public consultation seems appropriate in view of the number and level of risk concerns identified in the preliminary risk assessment. However, if as a result of comments received during this comment period EPA finds that additional issues warranting further discussion are raised, the Agency may consider an additional comment period, as needed. Through this program, EPA is ensuring that all pesticides meet current health and safety standards. This notice is phase-3 of the 4-phase process.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion
Document Number: 05-17364
Type: Proposed Rule
Date: 2005-08-31
Agency: Environmental Protection Agency
The EPA is proposing to grant a petition submitted by Saturn Corporation (Saturn) to exclude or ``delist'' wastewater treatment plant (WWTP) sludge generated from conversion coating on aluminum at Saturn's integrated automotive assembly facility located at 100 Saturn Parkway in Spring Hill, Tennessee, from the requirements of the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). This exclusion would be valid only when the sludge is disposed of in a Subtitle D landfill that is permitted, licensed, or registered by a state to manage industrial solid waste. The EPA used the Delisting Risk Assessment Software (DRAS) in the evaluation of the potential impact of the petitioned waste on human health and the environment. The EPA bases its proposed decision to grant the petition based on an evaluation of waste-specific information provided by Saturn. This proposed decision, if finalized, conditionally excludes the petitioned waste from the requirements of the RCRA hazardous waste regulations. If finalized, the EPA would conclude that Saturn's petitioned waste is nonhazardous with respect to the original listing criteria and that there are no other factors that would cause the waste to be hazardous.
Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Natural Gas Transmission and Storage (Renewal), ICR Number 1789.05, OMB Number 2060-0418
Document Number: 05-17363
Type: Notice
Date: 2005-08-31
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 September 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; Recordkeeping and Periodic Reporting of the Production, Import, Export, Recycling, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances (Renewal), EPA ICR Number 1432.25, OMB Control Number 2060-0170
Document Number: 05-17362
Type: Notice
Date: 2005-08-31
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 August 31, 2005. 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; State Review Framework; EPA ICR Number 2185.01
Document Number: 05-17361
Type: Notice
Date: 2005-08-31
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. 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.
Lactic Acid, 2-Ethylhexyl Ester; Exemption from the Requirement of a Tolerance
Document Number: 05-17360
Type: Rule
Date: 2005-08-31
Agency: Environmental Protection Agency
This regulation establishes four exemptions from the requirement of a tolerance for residues of lactic acid, 2-ethylhexyl ester or ethylhexyl lactate when used as an inert ingredient (solvent) in or on growing crops, when applied to raw agricultural commodities after harvest, or to animals. Purac America, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of lactic acid, 2-ethylhexyl ester.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Amendment
Document Number: 05-17359
Type: Rule
Date: 2005-08-31
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA, also the Agency or we in this preamble) today is granting a petition to modify an exclusion (or delisting) from the lists of hazardous waste previously granted to BMW Manufacturing Co., LLC (BMW) in Greer, South Carolina. This action responds to a petition for amendment submitted by BMW to eliminate the total concentration limits in its wastewater treatment sludge covered by its current conditional exclusion. EPA received public comments on the November 26, 2004, Proposed Rule (69 FR 68851) and took into account all public comments before granting this final rule. The Agency re-evaluated the specific information initially provided by the petitioner in its original request and delistings granted to other automobile manufactures for their F019 waste. This final decision eliminates the total concentration limits for barium, cadmium, chromium, lead, nickel, and cyanide from its conditionally excluded wastewater treatment sludge from the requirements of the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). The waste will still be subject to local, State, and Federal regulations for nonhazardous solid wastes.
Advance Notice To Solicit Comments, Data and Information for Determining the Emissions Reductions Achieved in Ozone Nonattainment and Maintenance Areas From the Implementation of Rules Limiting the VOC Content of AIM Coatings
Document Number: 05-17357
Type: Proposed Rule
Date: 2005-08-31
Agency: Environmental Protection Agency
By this action, EPA is soliciting comments, data and information for determining how to calculate the reductions in volatile organic compounds (VOC) emissions achieved in ozone nonattainment and maintenance areas from the implementation of rules which limit the VOC content of architectural coatings (commonly referred to as architectural industrial maintenance, or AIM, coatings). In addition to submitting comments, data and information, interested parties may also request to meet with EPA to present their recommended approaches and rationales.
Draft Air Quality Criteria for Ozone and Related Photochemical Oxidants E-Docket No. ORD-2004-0015
Document Number: 05-17356
Type: Notice
Date: 2005-08-31
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) Office of Research and Development's National Center for Environmental Assessment (NCEA) is reviewing and, as appropriate, revising the EPA document, Air Quality Criteria for Ozone and Related Photochemical Oxidants, EPA-600/ AP-93/004aF-cF, published in 1996. Today's Federal Register notice announces the availability of a second external review draft of the revised ozone air quality criteria document (AQCD).
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Exclusion Determinations for New Non-Road Spark-Ignited Engines at or Below 19 Kilowatts, New Non-Road Compression-Ignited Engines, New Marine Engines, and New On-Road Heavy Duty Engines (Renewal); EPA ICR Number 1852.03; OMB Control Number 2060-0395
Document Number: 05-17355
Type: Notice
Date: 2005-08-31
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 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. The ICR describes the nature of the information collection and its estimated burden and cost.
Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Miscellaneous Metal Parts and Products (Renewal), ICR Number 2056.02, OMB Number 2060-0486
Document Number: 05-17354
Type: Notice
Date: 2005-08-31
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.
National Advisory Council for Environmental Policy and Technology Environmental Technology Subcommittee
Document Number: 05-17353
Type: Notice
Date: 2005-08-31
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the Environmental Technology Subcommittee of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice and recommendations to the Administrator of EPA on a broad range of environmental policy, technology, and management issues. The Environmental Technology Subcommittee was formed to assist EPA in evaluating its current and potential role in the development and commercialization of environmental technologies by suggesting how to optimize existing EPA programs to facilitate the development of sustainable private sector technologies, and by suggesting alternative approaches to achieving these goals. The purpose of the meeting is to continue the Subcommittee's consideration of these issues. A copy of the agenda for the meeting will be posted at http://www.epa.gov/ocem/nacept/cal- nacept.htm.
Dicofol; Addendum and Closure of Reregistration Eligibility Decision; Notice of Availability
Document Number: 05-17205
Type: Notice
Date: 2005-08-31
Agency: Environmental Protection Agency
This notice announces EPA's intention to resolve certain issues not addressed in the 1998 Reregistration Eligibility Decision (RED) for the miticide dicofol, and opens a public comment period on this addendum. At the time the RED was completed, the Agency was concerned with risks posed to occupational workers. In order to adequately determine re-entry intervals (REIs), the registrant submitted a dermal toxicity study and a chemical specific dislodgeable foliar residue study. The Agency has reviewed these studies and continues to be concerned with occupational exposure from most crops. To protect workers, the Agency has determined that longer REIs are required. The addendum to the dicofol RED establishes REIs that were not finalized in the RED and provides rationale and potential impact analysis for establishing longer REIs. The Agency is seeking public comment on the practicality of the new REIs. If the new REIs are not practical, commenters should provide an explanation why, and explain why alternatives cannot be used to replace dicofol. EPA believes that increasing REIs for these crops will not likely result in negative economic or biological impacts.
Halosulfuron-methyl; Pesticide Tolerances for Emergency Exemptions
Document Number: 05-17204
Type: Rule
Date: 2005-08-31
Agency: Environmental Protection Agency
This regulation establishes a time-limited tolerance for residues of halosulfuron-methyl in or on sweet potatoes. 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 sweet potatoes. This regulation establishes a maximum permissible level for residues of halosulfuron- methyl in this food commodity. The tolerance will expire and is revoked on December 31, 2008.
Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
Document Number: 05-17201
Type: Notice
Date: 2005-08-31
Agency: Environmental Protection Agency
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 April 1, 2005 to June 30, 2005 to control unforseen pest outbreaks.
Access to Confidential Business Information by BeakerTree Corporation
Document Number: 05-17200
Type: Notice
Date: 2005-08-31
Agency: Environmental Protection Agency
EPA has authorized Syracuse Research Corporation's (SRC) subcontractor BeakerTree Corporation, of Fairfax, Virginia, access to information which has been submitted to EPA under sections 4, 5, 6, and 8 of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).
Access to Confidential Business Information by Systems Research and Applications Corporation
Document Number: 05-17199
Type: Notice
Date: 2005-08-31
Agency: Environmental Protection Agency
EPA has authorized its contractor Systems Research and Applications Corporation (SRA), of Arlington and Fairfax, Virginia, access to information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).
Fenarimol; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-17195
Type: Notice
Date: 2005-08-31
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.
Methoxyfenozide; Pesticide Tolerances for Emergency Exemptions
Document Number: 05-17131
Type: Rule
Date: 2005-08-31
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for residues of methoxyfenozide in or on sorghum grain, sorghum grain forage, and sorghum grain stover. 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 sorghum grain. This regulation establishes a maximum permissible level for residues of methoxyfenozide in these food commodities. These tolerances will expire and are revoked on December 31, 2007.
Flonicamid; Pesticide Tolerance
Document Number: 05-17128
Type: Rule
Date: 2005-08-31
Agency: Environmental Protection Agency
This regulation establishes a tolerance for combined residues of flonicamid and its metabolites in or on certain plant and livestock commodities. ISK Biosciences requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Full Tribal Pesticide Program Council (TPPC); Notice of Public Meeting
Document Number: 05-17127
Type: Notice
Date: 2005-08-31
Agency: Environmental Protection Agency
The Tribal Pesticide Program Council (TPPC) will hold a 21/89/21/13/23/85/83/8-day meeting, beginning on September 13 and ending on September 15, 2005. This notice announces the location and times for the meeting, and sets forth the tentative agenda topics. One Tribal Caucus is scheduled each day.
Thiram; Amendment to Terminate Uses
Document Number: 05-17126
Type: Notice
Date: 2005-08-31
Agency: Environmental Protection Agency
This notice announces EPA's order for the amendment to terminate uses, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide thiram, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows an April 27, 2005 Federal Register Notice of Receipt of Request from the thiram registrant to voluntarily amend to terminate uses of thiram in or on apples. These are not the last thiram products registered for use in the United States. In the April 27, 2005 Notice, EPA indicated that it would issue an order implementing the amendment to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of this request, or unless the registrant withdrew their request within this period. The Agency did not receive any comments on the Notice. Further, the registrant did not withdraw their request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested amendment to terminate uses. Any distribution, sale, or use of the thiram products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Ethalfluralin; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-17124
Type: Notice
Date: 2005-08-31
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.
Stay of the Findings of Significant Contribution and Rulemaking for Georgia for Purposes of Reducing Ozone Interstate Transport
Document Number: 05-17031
Type: Rule
Date: 2005-08-31
Agency: Environmental Protection Agency
In this action, EPA is amending a final rule it issued under section 110 of the Clean Air Act (CAA) related to the interstate transport of nitrogen oxides (NOX). On April 21, 2004, EPA issued a final rule that required the State of Georgia to submit State implementation plan (SIP) revisions that prohibit specified amounts of NOX emissionsone of the precursors to ozone (smog) pollutionfor the purposes of reducing NOX and ozone transport across State boundaries in the eastern half of the United States. This rule became effective on June 21, 2004. Subsequently, the Georgia Coalition for Sound Environmental Policy (GCSEP or Petitioners) filed a petition for reconsideration requesting that EPA reconsider the inclusion of the State of Georgia in the NOX SIP Call Rule and also requested a stay of the effectiveness of the rule as it relates to the State of Georgia only. In response to this petition, EPA proposed to stay the effectiveness of the April 21, 2004 rule as it relates to the State of Georgia only, while EPA conducts notice-and-comment rulemaking to further address the issues raised by the Petitioners (70 FR 9897; March 1, 2005). Four parties commented on the proposed rule. No requests were made to hold a public hearing. After considering these comments, EPA has determined to finalize, as proposed, the stay of the effectiveness of this rule as it relates to the State of Georgia, only during noticeand comment proceedings for the petition for reconsideration.
Chlorsulfuron Reregistration Eligibility Decision
Document Number: 05-16384
Type: Notice
Date: 2005-08-31
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide chlorsulfuron. The Agency's risk assessments and other related documents also are available in the chlorsulfuron Docket. Chlorsulfuron is used as a pre- and post-emergent herbicide to control a variety of weeds on cereal grains, pasture and rangeland, industrial sites, and turf grass. EPA has reviewed chlorsulfuron through the 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.
Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Revised Format of 40 CFR Part 52 for Materials Being Incorporated by Reference; Correction
Document Number: 05-17203
Type: Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
This document corrects an error in the amendatory instruction in a final rule pertaining to the Revised Format of 40 CFR part 52 for Materials Being Incorporated by Reference for Minnesota.
Adequacy Status of Submitted State Implementation Plans (SIP) for Transportation Conformity Purposes: 5 Percent Increment of Progress Motor Vehicle Emissions Budgets for the Portland Maine 8-Hour Ozone Nonattainment Area
Document Number: 05-17202
Type: Notice
Date: 2005-08-30
Agency: Environmental Protection Agency
In this action, EPA is notifying the public that we have found the on-road motor vehicle emissions budgets contained in the Portland Maine marginal 8-hour ozone nonattainment area 5 Percent Increment of Progress SIP adequate for transportation conformity purposes. As a result of our finding, the motor vehicle emissions budgets from the submitted SIP revision must be used for future conformity determinations in the Portland Maine area.
Science Advisory Board Staff Office Notification of Advisory Meeting of the SAB Aquatic Life Criteria Guidelines Consultative Panel
Document Number: 05-17198
Type: Notice
Date: 2005-08-30
Agency: Environmental Protection Agency
The EPA Science Advisory Board (SAB) Staff Office announces a public meeting of the SAB Aquatic Life Criteria Guidelines Consultative Panel.
Science Advisory Board Staff Office; Clean Air Scientific Advisory Committee (CASAC); Notification of Advisory Meeting of the CASAC Ambient Air Monitoring and Methods (AAMM) Subcommittee
Document Number: 05-17197
Type: Notice
Date: 2005-08-30
Agency: Environmental Protection Agency
The Environmental Protection Agency Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee's (CASAC) Ambient Air Monitoring and Methods (AAMM) Subcommittee to conduct a peer review on the Federal Reference Method (FRM) for thoracic coarse particulate matter (PM10-2.5) and a consultation on various PM monitoring- related issues.
Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
Document Number: 05-17196
Type: Proposed Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District portion of the California State Implementation Plan (SIP). These revisions concern particulate matter (PM-10) emissions from fugitive dust sources. We are proposing to approve amendments to local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing
Document Number: 05-17194
Type: Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
On July 1, 2005, the EPA issued direct final amendments to the national emission standards for hazardous air pollutants (NESHAP) for Miscellaneous Organic Chemical Manufacturing, along with a parallel proposal to be used as the basis for final action in the event EPA received any adverse comments on the direct final amendments. Because adverse comment was received, EPA is withdrawing the corresponding parts of the direct final rule. We stated in that direct final rule that if we received adverse comment by August 1, 2005, we would publish a timely withdrawal in the Federal Register. We will address all comments in a subsequent final rule based on the parallel proposal published on July 1, 2005. As stated in the parallel proposal, we will not institute a second comment period on this action.
National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing
Document Number: 05-17193
Type: Proposed Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
This action proposes amendments to the national emission standards for hazardous air pollutants (NESHAP) for integrated iron and steel manufacturing. The proposed amendments would add a new compliance option, revise emission limitations, reduce the frequency of repeat performance tests for certain emissions units, add corrective action requirements, and clarify certain monitoring, recordkeeping, and reporting requirements.
Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide for the 2005 Supplemental Request
Document Number: 05-17191
Type: Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
With this action EPA is taking direct final action to authorize use of 610,665 kilograms of methyl bromide for supplemental critical uses in 2005 through the allocation of additional critical stock allowances (CSAs). This allocation supplements the critical use allowances (CUAs) and CSAs previously allocated for 2005, as published in the Federal Register on December 23, 2004 (69 FR 76982). Further, EPA is amending the list of exempted critical uses. With today's action EPA is exempting methyl bromide for critical uses beyond the phaseout under the authority of the Clean Air Act (CAA or the Act) and in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol).
Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide for the 2005 Supplemental Request
Document Number: 05-17190
Type: Proposed Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
With this action EPA is proposing to authorize use of 610,665 kilograms of methyl bromide for supplemental critical uses in 2005 through the allocation of additional critical stock allowances (CSAs). This allocation would supplement the critical use allowances (CUAs) and CSAs previously allocated for 2005, as published in the Federal Register on December 23, 2004 (69 FR 76982). Further, EPA is proposing to amend the existing list of exempted critical uses. With today's action EPA is proposing to exempt methyl bromide for critical uses beyond the phaseout under the authority of the Clean Air Act (CAA or the Act) and in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol). In the ``Rules and Regulations'' section of today's Federal Register, we are authorizing these CSAs and critical uses as a direct final rule without prior proposal because we view this as a noncontroversial action and expect no adverse comment. We have explained our reasons for this authorization in the Preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will address all public comments in the subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time.
Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units
Document Number: 05-16927
Type: Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
This action corrects and clarifies certain text of the final rule entitled ``Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units.'' The final rule was published in the Federal Register on May 18, 2005 (70 FR 28606). This action corrects certain section designations set forth in the final rule at 70 FR 28652. In addition, this action corrects certain revisions set forth in the final rule at 70 FR 28678. These corrections do not affect the substance of the action, nor do they change the rights or obligations of any party. Rather, this action merely corrects certain section designations to eliminate duplication with other rules. Thus, it is proper to issue these final rule corrections without notice and comment. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making this action final without prior proposal and opportunity for comment because the changes to the rule are minor technical corrections, are noncontroversial, and do not substantively change the agency actions taken in the final rule. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B).
Proposed CERCLA Administrative Cost Recovery Settlement; The Vega Alta Public Supply Wells Superfund Site, Vega Alta, PR
Document Number: 05-17189
Type: Notice
Date: 2005-08-29
Agency: Environmental Protection Agency
In accordance with Section 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act as amended (``CERCLA''), 42 U.S.C. 9622(h), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Vega Alta Public Supply Wells Superfund Site located in Vega Alta, Puerto Rico with the settling parties, Caribe General Electric Products, Inc. and Unisys Corporation. The settlement requires the settling parties to pay $858,433.41, plus an additional sum for Interest on that amount calculated from January 28, 2004 through the date of payment to the Vega Alta Public Supply Wells Superfund Site Special Account within the EPA Hazardous Substance Superfund in reimbursement of EPA's past response costs incurred with respect to the Site. The settlement includes a covenant not to sue the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a) for past response costs. 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.
Proposed CERCLA Administrative Agreement; Circuitron Corporation Superfund Site, East Farmingdale, Suffolk County, NY
Document Number: 05-17188
Type: Notice
Date: 2005-08-29
Agency: Environmental Protection Agency
In accordance with the Agency's May 24, 1995, ``Guidance on Agreements with Prospective Purchasers of Contaminated Property,'' notice is hereby given of a proposed prospective purchaser agreement (``PPA'') with the United States Environmental Protection Agency; Suffolk County, New York; the State of New York; and an as-of-yet unnamed ``Auction Purchaser'' regarding a 0.9-acre parcel of real property (the ``Property'') included within the Circuitron Corporation Superfund Site, located at 82 Milbar Boulevard in East Farmingdale, Suffolk County, New York (the ``Site''). Under the PPA, Suffolk County would market the Property at auction, with a portion of the proceeds to be paid to EPA in reimbursement of response costs it incurred at the Site. Also under the PPA, the United States and the State would covenant not to sue or take administrative action against Suffolk County and its departments and agencies, and the Auction Purchaser, under Sections 106 or 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''). EPA also agrees to release the CERCLA Section 107(l) lien against the Property, and waive any lien or right to perfect any lien it may have on the Property now and in the future under Section 107(r) of CERCLA. By publication of this Notice, a thirty (30) day period has been established in which the Agency will accept written comments relating to the PPA agreement. The Agency will consider all comments received and may modify or withdraw its consent to the PPA if comments received disclose facts or considerations which indicate that the agreement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, Region II, Office of Regional Counsel, New York/Caribbean Superfund Branch, 290 Broadway, 17th Floor, New York, NY 10007-1866.
TSCA Section 21 Petition; Response to Citizen's Petition
Document Number: 05-17129
Type: Notice
Date: 2005-08-29
Agency: Environmental Protection Agency
On May 13, 2005, the Ecology Center of Ann Arbor, Michigan, petitioned EPA under section 21 of the Toxic Substances Control Act (TSCA) to establish regulations prohibiting the manufacture, processing, distribution in commerce, use, and improper disposal of lead wheel balancing weights. For the reasons set forth in this notice, EPA has denied the petition to initiate rulemaking. In this notice, the Agency elaborates the reasons for its denial and the type of information it may need.
Notice of Termination of Environmental Impact Statement for the Comprehensive Port Improvement Plan Within the Port of New York and New Jersey (PONYNJ)
Document Number: 05-17125
Type: Notice
Date: 2005-08-29
Agency: Environmental Protection Agency
The Federal co-lead agencies, EPA, USACE, FHWA are canceling the preparation of an Environmental Impact Statement (EIS) for the Comprehensive Port Improvement Plan (CPIP-EIS) for the PONYNJ. As originally planned, the CPIP and CPIP-EIS would define economically viable and environmentally sound Port facilities and associated transportation network improvement initiatives to the year 2060; consider separate, ongoing, and planned environmental enhancements to natural resources of the Port and associated transportation network; incorporate Green Port principles to the maximum extent practicable; and evaluate, avoid, minimize, and mitigate adverse environmental effects. EPA, on behalf of all three Federal co-lead agencies, published a Notice of Intent to prepare an EIS for the CPIP in the Federal Register (68 FR 19207, April 18, 2003). The three federal co- lead agencies conducted several public scoping meetings in December 2003 and January 2004. The CPIP presents an array of conceptual long-term port improvement scenarios, some of which would involve future federal activities were they to be advanced to the status of a real project. Any future port- improvement projects involving federal actions, as defined under NEPA, would be required to undergo the applicable environmental review process. Given the considerable time period before the conceptual improvements identified in the CPIP Plan would become actual proposed projects with sponsors, a detailed environmental review and analysis, as conducted in an EIS, is not warranted at this time. As a result, the Federal co-lead agencies are canceling the EIS process. In the short- term, a programmatic analysis in the form of an Environmental Assessment will be prepared to identify what type of environmental review could be expected of any improvement projects that may be proposed. This programmatic Environmental Assessment will be available for public review in Fall 2005.
Proposed Settlement Agreement, Clean Air Act Citizen Suit
Document Number: 05-17123
Type: Notice
Date: 2005-08-29
Agency: Environmental Protection Agency
In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. (7413(g), notice is hereby given of a proposed Consent Decree to address a lawsuit filed by Our Children's Earth Foundation and the Sierra Club (collectively ``Plaintiffs''): Our Children's Earth Found. et al. v. U.S. EPA, No. C 05-00094 CW (N.D. Cal.). On or about January 6, 2005, Plaintiffs filed a complaint alleging that EPA had failed to perform a non-discretionary duty to review and, if appropriate, revise the new source performance standards (``NSPS'') for petroleum refineries and equipment leaks as required by Section 111(b) of the Clean Air Act, 42 U.S.C. 7411(b)(1)(B). Under the terms of the proposed Consent Decree, deadlines are established for EPA to review and, if appropriate, revise the NSPS standards for Subparts J, VV and GGG, 40 CFR 60.100-109, 60.480-498, 60.590-593.
Extension of the Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality Standards for Early Action Compact Areas
Document Number: 05-17038
Type: Rule
Date: 2005-08-29
Agency: Environmental Protection Agency
The EPA is finalizing the extension of the deferred effective date of air quality designations for 14 areas of the country that have entered into Early Action Compacts. Early Action Compact areas have agreed to reduce ground[hyphen]level ozone pollution earlier than the Clean Air Act (CAA) requires. On April 30, 2004, EPA published an action designating all areas of the country for the 8[hyphen]hour ozone National Ambient Air Quality Standards (NAAQS). In the designation rule, EPA deferred the effective date of the nonattainment designation for 14 areas that had entered into Early Action Compacts until September 30, 2005. The EPA is now extending the deferred effective date of the nonattainment designation for all 14 Early Action Compact areas until December 31, 2006.
Notice of Availability of Preliminary 2006 Effluent Guidelines Program Plan
Document Number: 05-17032
Type: Notice
Date: 2005-08-29
Agency: Environmental Protection Agency
Under the Clean Water Act (CWA), EPA establishes national technology-based regulations known as effluent guidelines and pretreatment standards to reduce pollutant discharges from categories of industry discharging directly to waters of the United States or discharging indirectly through Publicly Owned Treatment Works (POTWs). The CWA sections 301(d), 304(b), 304(g), and 307(b) require EPA to annually review these effluent guidelines and pretreatment standards. Today's notice first presents EPA's 2005 review of its existing effluent guidelines and pretreatment standards. It also presents EPA's evaluation of categories of indirect dischargers without pretreatment standards to identify potential new categories for pretreatment standards. CWA section 304(m) requires EPA to biennially publish an effluent guidelines program plan and provide for public notice and comment on such plan. Therefore, this notice also presents the preliminary 2006 effluent guidelines program plan. Included in the preliminary 2006 plan is a solicitation for comments and data on industry categories that may be discharging non-trivial amounts of toxic or non-conventional pollutants and are not currently subject to any effluent guidelines. Finally, this notice provides a second opportunity for public notice and comment on the draft Strategy for National Clean Water Industrial Regulations (``draft Strategy''), see 67 FR 71165 (November 29, 2002).
California State Motor Vehicle Pollution Control Standards; Waiver of Federal Preemption; Notice of Decision
Document Number: 05-17037
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
EPA today, pursuant to section 209(b) of the Clean Air Act (Act), 42 U.S.C. 7543(b), is granting California its request for a waiver of federal preemption for its heavy-duty diesel regulations for 2007 and subsequent model year vehicles and engines (2007 California Heavy Duty Diesel Engine Standards) and related test procedures including the not-to-exceed (NTE) and supplemental steady-state tests (supplemental test procedures) to determine compliance with applicable standards. By letter dated July 16, 2004, the California Air Resources Board (CARB) requested that EPA grant California a waiver of federal preemption for its 2007 California Heavy Duty Diesel Engine Standards, which primarily align California's standards and test procedures with the federal standards and test procedures for 2007 and subsequent model year vehicles and engines.
Environmental Impacts Statements; Notice of Availability
Document Number: 05-17036
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: 05-17035
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
EPA expressed environmental concerns due to potential adverse impacts to water quality, wetlands, permafrost soils and wildlife from increased snowmobile use. EPA requested that the final EIS include additional monitoring plans and contingent mitigation measures that can be used with adaptive management plans to minimize adverse impacts or unexpected outcomes. Rating EC2.
Calculation of the Economic Benefit of Noncompliance in EPA's Civil Penalty Enforcement Cases
Document Number: 05-17033
Type: Notice
Date: 2005-08-26
Agency: Environmental Protection Agency
In a Federal Register notice issued on October 9, 1996, the Environmental Protection Agency (``EPA'') requested comment on how it calculates the economic benefit that regulated entities obtain as a result of violating environmental requirements. EPA makes this calculation as a part of establishing an appropriate penalty for settlement purposes. The Agency's policy is that any civil penalty should at least recapture the economic benefit the violator has obtained through its unlawful actions. Because enforcement staff typically use the BEN (short for benefit) computer model to perform the economic benefit calculations, the Agency requested comments on the BEN model as well as the larger benefit recapture issues. In a subsequent Federal Register notice issued on June 18, 1999, EPA responded to the comments on the October 1996 Federal Register notice; provided advance notice of the changes EPA proposed to make to its benefit recapture approach and the BEN computer model; and requested a second round of comment of those proposed changes. This notice responds to the comments on the June 1999 notice and contains the changes EPA will implement in its benefit recapture program.