Environmental Protection Agency August 24, 2005 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Air Quality Implementation Plans; Maine; Nitrogen Oxides Exemption Request for Northern Maine
Document Number: 05-16814
Type: Proposed Rule
Date: 2005-08-24
Agency: Environmental Protection Agency
The EPA is proposing to approve an exemption request from the requirements contained in Section 182(f) of the Clean Air Act (CAA or Act) for Northern Maine (specifically, Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, and portions of Hancock and Waldo Counties). This area, along with the rest of the State of Maine, are part of the Ozone Transport Region (OTR) as provided for in section 184(a) of the Act. Section 182(f) in combination with section 184 (relating to ozone transport regions) of the Act requires States in the OTR, such as Maine, to adopt reasonably available control technology (RACT) rules for major stationary sources of nitrogen oxides (NOX) and to provide for nonattainment area new source review (NSR) for new sources and modifications that are major for NOX. This exemption request, submitted by the State of Maine on March 24, 2005 with supplemental submittals dated April 19, 2005 and June 28, 2005, is based on a demonstration that NOX emissions in the exemption area are not impacting Maine's nonattainment areas or other nonattainment areas in the OTR during times when elevated ozone levels are monitored in those areas. As such, additional reductions in NOX emissions from this area beyond what the State regulations already provide for are not necessary for future attainment in any of Maine's ozone nonattainment areas or other ozone nonattainment areas in the OTR. Thus, as provided for in section 182(f)(2), additional NOX reductions in these areas would constitute excess reductions that can be waived under the Act. This action is being taken under the CAA.
National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production
Document Number: 05-16813
Type: Proposed Rule
Date: 2005-08-24
Agency: Environmental Protection Agency
On April 17, 2003, we published the national emission standards for hazardous air pollutants (NESHAP) for hydrochloric acid (HCl) production facilities, including HCl production at fume silica facilities (HCl Production NESHAP) (68 FR 19076). We are proposing to amend the existing rule by clarifying certain applicability provisions, emission standards, and testing, maintenance, and reporting requirements. The proposed amendments would also correct several omissions and typographical errors in the final rule. We are proposing the amendments to facilitate compliance and improve understanding of the final rule requirements.
Florida Petroleum Reprocessors Superfund Site; Notice of Proposed Settlement
Document Number: 05-16812
Type: Notice
Date: 2005-08-24
Agency: Environmental Protection Agency
Under section 122(g)(4) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the Environmental Protection Agency has offered a de minimis settlement at the Florida Petroleum Reprocessors Superfund Site (Site) located in Davie, Florida. EPA will consider public comments until September 23, 2005. EPA may withdraw from or modify the proposed settlement should such comments disclose facts or considerations which indicated the proposed settlement is inappropriate, improper, or inadequate. Copies of the proposed settlement are available from: Ms. Paula V. Batchelor, U.S. Environmental Protection Agency, Region 4, Superfund Enforcement & Information Management Branch, Waste Management Division, 61 Forsyth Street, SW., Atlanta, Georgia 30303, (404) 562-8887, E-mail: Batchelor.Paula@EPA.gov. Written or e-mail comments may be submitted to Paula V. Batchelor at the above address within 30 days of the date of publication.
Approval and Disapproval of Ohio Implementation Plan for Particulate Matter
Document Number: 05-16811
Type: Proposed Rule
Date: 2005-08-24
Agency: Environmental Protection Agency
EPA is reopening the comment period for a proposed rule published June 27, 2005 (70 FR 36901). On June 27, 2005, EPA proposed to disapprove revisions to Ohio rules that provide for use of continuous opacity monitoring data but allow more exceedances of the general opacity limit in cases where the owner of an eligible large coal fired boiler opts to use these data for determining compliance. EPA also proposed to approve other elements of Ohio's rule submittal that clarified Ohio's rules. In response to requests from the Ohio Environmental Protection Agency and from the law firm of Shumaker, Loop & Kendrick, EPA is reopening the comment period through August 24, 2005. All comments received on or before August 24, 2005 will be entered into the public record and considered by EPA before taking final action on the proposed rule.
Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Withdrawal of Direct Final Rule
Document Number: 05-16810
Type: Rule
Date: 2005-08-24
Agency: Environmental Protection Agency
Due to the receipt of an adverse comment the EPA is withdrawing the July 1, 2005 (70 FR 38025), direct final rule approving revisions to the sulfur dioxide requirements for Flint Hills Resources, L.P. of Dakota County, Minnesota. In the direct final rule, EPA stated that if adverse comments were submitted by August 1, 2005, the rule would be withdrawn and not take effect. On July 28, 2005, EPA received a comment from the Leech Lake Band of Ojibwe. EPA believes the comment is adverse and, therefore, EPA is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed action also published on July 1, 2005 (70 FR 38071). EPA will not institute a second comment period on this action.
Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2005
Document Number: 05-16809
Type: Rule
Date: 2005-08-24
Agency: Environmental Protection Agency
With this action, EPA is allocating essential use allowances for import and production of class I stratospheric ozone depleting substances (ODSs) for calendar year 2005. Essential use allowances enable a person to obtain controlled class I ODSs as an exemption to the regulatory ban of production and import of these chemicals, which became effective on January 1, 1996. EPA allocates essential use allowances for exempted production or import of a specific quantity of class I ODS solely for the designated essential purpose. The allocations total 1,820.48 metric tons of chlorofluorocarbons for use in metered dose inhalers.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX
Document Number: 05-16808
Type: Rule
Date: 2005-08-24
Agency: Environmental Protection Agency
EPA is taking final action to approve revisions to the Commonwealth of Pennsylvania State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for five major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's (Pennsylvania's or the Commonwealth's) SIP-approved generic RACT regulations. EPA is approving these revisions in the SIP in accordance with the Clean Air Act (CAA).
Fipronil; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-16807
Type: Notice
Date: 2005-08-24
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.
Emamectin; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
Document Number: 05-16806
Type: Notice
Date: 2005-08-24
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.
Myclobutanil; Pesticide Tolerances for Emergency Exemptions
Document Number: 05-16805
Type: Rule
Date: 2005-08-24
Agency: Environmental Protection Agency
This regulation establishes a time-limited tolerance for residues of myclobutanil in or on soybeans. 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 a maximum permissible level for residues of myclobutanil in this food commodity. The tolerance will expire and is revoked on December 31, 2009.
Approval and Promulgation of Implementation Plans for Kentucky: Regulatory Limit on Potential To Emit
Document Number: 05-16804
Type: Rule
Date: 2005-08-24
Agency: Environmental Protection Agency
The EPA is approving a revision to the State Implementation Plan (SIP) of the Commonwealth of Kentucky which incorporates Kentucky rule 401 KAR 52:080 into the Kentucky SIP. The Commonwealth submitted the revision on October 31, 2003. This rule affects sources whose actual emissions are less than 50 percent of the major source threshold whereas the sources' potential to emit (PTE) exceeds the major source threshold. The EPA is also notifying the public that the Agency's conditional approval of Kentucky rule 401 KAR 52:080, as submitted on March 15, 2001, and published on August 15, 2002, is disapproved as of October 15, 2003.
Approval and Promulgation of Implementation Plans for Kentucky: Regulatory Limit on Potential To Emit
Document Number: 05-16803
Type: Proposed Rule
Date: 2005-08-24
Agency: Environmental Protection Agency
The EPA is proposing to approve a revision to the State Implementation Plan (SIP) of the Commonwealth of Kentucky which incorporates Kentucky rule 401 KAR 52:080 into the Kentucky SIP. The Commonwealth submitted the revision on October 31, 2003. This rule affects sources whose actual emissions are less than 50 percent of the major source threshold whereas the sources' potential to emit (PTE) exceeds the major source threshold. The EPA is also notifying the public that the Agency's conditional approval of Kentucky rule 401 KAR 52:080, as submitted on March 15, 2001, and published on August 15, 2002, is disapproved as of October 15, 2003. In the Final Rules section of this Federal Register, the EPA is approving the Commonwealth's SIP revision 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 significant, material, and adverse comments are received in response to this rule, 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 rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.
Procymidone; Tolerance Reassessment Decision for Low Risk Pesticide; Notice of Availability
Document Number: 05-16685
Type: Notice
Date: 2005-08-24
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Tolerance Reassessment Decision (TRED) for the pesticide procymidone, and opens a public comment period on this document. EPA has reviewed the pesticide procymidone through a modified, streamlined version of the public participation process that the Agency uses to involve the public in developing pesticide tolerance reassessment and reregistration decisions. Through the tolerance reassessment program, EPA is ensuring that all pesticides meet current health and food safety standards.
Rulemaking on Section 126 Petition From North Carolina To Reduce Interstate Transport of Fine Particulate Matter and Ozone; Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone; Revisions to the Clean Air Interstate Rule; Revisions to the Acid Rain Program
Document Number: 05-15529
Type: Proposed Rule
Date: 2005-08-24
Agency: Environmental Protection Agency
Today, EPA is proposing actions to address the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2) that contribute significantly to nonattainment and maintenance problems with respect to the national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5) and 8-hour ozone. As one part of today's action, EPA is proposing its response to a petition submitted to EPA by the State of North Carolina under section 126 of the Clean Air Act (CAA). The petition requests that EPA find that SO2 and/or NOX emissions from electric generating units (EGUs) in 13 States are significantly contributing to PM2.5 and/or 8-hour ozone nonattainment and maintenance problems in North Carolina, and requests that EPA establish control requirements to prohibit such significant contribution. The EPA's proposed response is based on extensive analyses conducted for the recently issued Clean Air Interstate Rule (CAIR). The EPA is proposing to deny the petition for sources in States not shown to be linked to nonattainment and maintenance problems in North Carolina under the CAIR. For sources in States that are linked to North Carolina under the CAIR, EPA is proposing in the alternative to deny the petition if EPA promulgates Federal implementation plans (FIPs) to address the interstate transport no later than the final section 126 response or to grant the petition if EPA does not promulgate the FIPs prior to or concurrently with the section 126 response. The EPA's preferred option is to promulgate the FIP concurrently with the final section 126 response. In today's action, EPA is also proposing FIPs for all jurisdictions that are covered by the CAIR. The FIPs would regulate EGUs in the affected States and achieve the emissions reductions requirements established by the CAIR until States have approved State implementation plans (SIPs) to achieve the reductions. The EPA intends the FIP to satisfy the concerns cited in the section 126 petition and provide a Federal backstop for the CAIR. In no way should the FIP for CAIR be viewed as a sign of any concern about States meeting the SIP responsibilities under CAIR. As the control requirements for both the section 126 action and the FIP, EPA is proposing Federal NOX and SO2 trading programs that provide emissions reductions equal to those required under the CAIR in affected States. The Section 126 and FIP actions would not constrain States in their selection of control strategies to meet the CAIR. The EPA intends to withdraw section 126 or FIP requirements in a State if that State submits and EPA approves a SIP meeting the requirements of CAIR. Today's action also proposes revisions to the CAIR in order to address the interaction between the EPA-administered Federal CAIR trading programs proposed today and the EPA-administered State CAIR trading programs that will be created by any State that elects to submit a SIP establishing such a trading program to meet the requirements of the CAIR. In addition, EPA is proposing revisions to the CAIR to correct certain minor errors. Today's action also proposes revisions to the Acid Rain Program in order to make the administrative appeals procedures, which currently apply to final determinations by the Administrator under the EPA- administered State CAIR trading programs, also apply to the EPA- administered trading programs under the section 126 and FIP actions. In addition, we are proposing certain minor revisions to the Acid Rain Program that would apply to all affected units.