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

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 October 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.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Action (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed Administrative Order on Consent (``AOC,'' Region 9 Docket No. 2005-0013) pursuant to section 122(h) of CERCLA concerning the Perris Drum Superfund Removal Site (the ``Site''), located in Perris, California. The respondent to the AOC is The Glidden Company (``Glidden''). Through the proposed AOC, Glidden will reimburse the United States $95,000 in response costs incurred at the Site. The AOC provides Glidden with a covenant not to sue and contribution protection for the removal action at the Site. EPA maintains that a predecessor of Glidden arranged for the disposal of a portion of the hazardous substances subject to the response action at the Site. EPA incurred approximately $204,000 in total response costs, and EPA will maintain a lien against the real property that was subject to the response action as a means to obtain the balance of its response costs. 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.

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.

This notice announces the initial filing of pesticide petitions proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

EPA is announcing availability of a draft schedule for the registration review of pesticides mandated in section 3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA is making the draft schedule available to assist the public in its review of the proposed procedural regulations for registration review that EPA published on July 13, 2005. To develop the draft schedule, EPA used procedures described in the July 13, 2005 proposal. The draft schedule is, in effect, a model schedule which shows how the Agency could sequence pesticide reviews to meet the goal of reviewing each pesticide's registration every 15 years. Although the Agency is not seeking comment on the draft schedule, you may include comments on the draft schedule in your comments on the proposed procedural regulations for the registration review of pesticides.

This notice announces the order to amend registrations to terminate certain uses, voluntarily requested by the registrants and accepted by the Agency, of manufacturing-use products containing the pesticide azinphos-methyl, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This order follows a February 28, 2005 Federal Register Notice of Receipt of Requests (70 FR 9644) (FRL-7702-5) from the azinphos-methyl registrants Bayer CropScience, Gowan Company, and Makhteshim Chemical Works to amend manufacturing-use product labels to terminate caneberries, cotton, cranberries, peaches/nectarines, potatoes, and Southern pine seed orchard uses. These are not the last azinphos-methyl products registered for use in the United States. In the February 28, 2005 notice, EPA indicated that it would issue an order implementing the amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests. The Agency received several substantive comments on the notice. These comments have been reviewed and taken into consideration in the Agency's decision to proceed with this termination order, but modify the previously proposed existing stocks provision. EPA's decision is discussed in Unit III. of this notice. Accordingly, EPA hereby issues in this notice an order to amend the subject registrations to terminate uses. Any distribution, sale, or use of the azinphos-methyl manufacturing-use products subject to this order is permitted only in accordance with the terms of this order, including any existing stocks provisions in Unit VI. A companion notice, announcing the receipt of requests to voluntarily terminate these same uses of azinphos-methyl end-use products, is being published elsewhere in today's Federal Register. The proposed existing stocks provision for the end-use products reflects and is compatible with the modified existing stocks provision for the manufacturing-use products.

EPA is taking final action to approve a revision to the Commonwealth of Virginia State Implementation Plan (SIP). This revision consists of an Early Action Compact (EAC) Plan that will enable the Roanoke Metropolitan Statistical Area (MSA) Ozone EAC Area to demonstrate attainment and maintenance of the 8-hour ozone national ambient air quality (NAAQS) standard. This action is being taken under the Clean Air Act (CAA or Act).

EPA is taking final action to approve a revision to the West Virginia State Implementation Plan (SIP). This revision consists of an Early Action Compact (EAC) Plan that will enable the Eastern Panhandle Region Ozone EAC Area to demonstrate attainment and maintenance of the 8-hour ozone national ambient air quality (NAAQS) standard. This action is being taken under the Clean Air Act (CAA or Act).

The EPA is approving revisions to the State Implementation Plan (SIP) submitted by the Governor of New Mexico on December 16, 2004. The revisions will incorporate the Early Action Compact (EAC) Clean Air Action Plan (CAAP) into the New Mexico SIP. EPA is approving the photochemical modeling in support of the attainment demonstration for the 8-hour ozone standard within the San Juan County EAC area. These actions strengthen the SIP in accordance with the requirements of sections 110 and 116 of the Federal Clean Air Act (the Act), and will result in emission reductions needed to help ensure continued attainment and maintenance of the 8-hour National Ambient Air Quality Standard (NAAQS) for ozone.

Notice of availability for public review for a 90 day comment period is hereby given for the Draft Environmental Sampling, Analysis and Results (ESAR) Data Standards. The Draft Environmental Sampling, Analysis, and Results Data Standards are a collection of 14 standards that are based on the business processes used to collect and analyze environmental data. The collection is comprised of an Overview, four primary standards and nine supporting components. The fourteen ESAR data standards are designed to provide implementation flexibility and improve the exchange of environmental data across the nation. States and U.S. EPA completed a technical review of these data standards in the Spring of 2004. That review lead to the formation of Air, Waste, and Water teams, which reviewed the comments and produced this final collection of draft data standard documents. Reviewers will see that the standards may not use the specific terminology for a given environmental program. In order to make the standards work for the broadest audience, terms were specifically chosen for relevance to the broadest audience. Similarly, the standards do not address all details of each environmental program. These standards, when final, are intended to serve as a foundation for information exchange across environmental media (water, air, waste). Media or program specific data elements may need to be added in an exchange. Reviewers please note that the draft data standards are based on and incorporate related efforts such as other data standards, electronic data deliverables, and systems data dictionaries in media specific areas including: the EDSC data standard ``Reporting Water Quality Results for Chemical and Microbiological Analytes;'' exchange specifications such as the ``Staged Electronic Data Deliverable'' (SEDD); data dictionaries such as the Air Quality Monitoring System (AQS); as well as specifications from the National Environmental Laboratory Accrediting Council (NELAC) and the Laboratory Information Management System (LIMS).

EPA is approving the State Implementation Plan (SIP) revision submitted by the state of Iowa for the purpose of approving the 2001 and 2004 updates to the Linn County Air Quality Ordinance. These revisions will help to ensure consistency between the applicable local agency rules and Federally-approved rules, and ensure Federal enforceability of the applicable parts of the local agency air programs.

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.

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.

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.

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 October 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.

The EPA is approving a revision to the Oklahoma State Implementation Plan (SIP) submitted by the Secretary of the Environment on December 22, 2004 for Central Oklahoma. This revision will incorporate a Memorandum of Agreement (MOA) between the Oklahoma Department of Environmental Quality (ODEQ) and the Association of Central Oklahoma Governments (ACOG) into the Oklahoma SIP and includes a demonstration of attainment and maintenance for the 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. The MOA outlines duties and responsibilities of each party for implementation of pollution control measures for the Central Oklahoma Early Action Compact (EAC) area. EPA is approving the photochemical modeling in support of the attainment demonstration for the 8-hour ozone standard within the Central Oklahoma EAC area and is approving the associated control measures. These actions strengthen the SIP in accordance with the requirements of sections 110 and 116 of the Federal Clean Air Act (the Act) and will result in emission reductions needed to help ensure attainment and maintenance of the 8-hour NAAQS for ozone.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision pertains to the amendments of controlling volatile organic compound (VOC) emissions from architectural and industrial maintenance (AIM) coatings in Maryland. This action is being taken under the Clean Air Act (CAA or the Act).

This notice announces the availability of Guidance for 2006 Assessment, Listing, and Reporting Requirements Pursuant to Sections 303(d), 305(b) and 314 of the Clean Water Act. This biennial guidance is for states, territories, authorized tribes, and interstate commissions (hereinafter referred to as ``jurisdictions'') that help states prepare and submit section 305(b) reports to EPA. Sections 303(d), 305(b), and 314 of the Clean Water Act (CWA) require states, territories, and authorized tribes (not interstate commissions) to provide biennial reports to EPA on the condition of waters within their boundaries. This guidance outlines the development of Integrated Reports (IR) that support EPA's strategy for achieving a broad-scale, national inventory of water quality conditions. The objective of this guidance is to provide jurisdictions a recommended reporting format and suggested content to be used in developing a single document that integrates the reporting requirements of sections 303(d), 305(b), and 314. Use of the IR format will allow jurisdictions to report the water quality standards attainment status of all waters, document the availability of data and information for each segment, identify certain trends in the water quality conditions, and provide information to managers in setting priorities for future actions to protect and restore the health of our nation's aquatic resources.

The U.S. Environmental Protection Agency (EPA) is announcing that ERG, an EPA contractor for external scientific peer review, will convene a panel of experts and organize and conduct an independent external peer-review workshop to review the draft report, ``The Inventory of Sources and Environmental Releases of Dioxin-Like Compounds in the U.S.: the Year 2000 Update,'' March, 2005 (EPA/600/P/ 03/002a) (Draft Dioxin Inventory Update). The public is invited to register to attend this meeting as an observer. In addition, the public is invited to give oral and/or provide written comments at the meeting regarding the draft document under review.

Ohio has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is proposing to authorize the State's changes through this proposed final action.

EPA is taking direct final action to approve the Maryland Department of the Environment's (MDE) request for delegation of authority to implement and enforce the Federal plan (68 FR 5144, January 31, 2003) for small municipal waste combustor (SMWC) units under sections 111(d) and 129 of the Clean Air Act (the ``Act''). The plan establishes emissions limits, compliance schedules, monitoring, operating, and recordkeeping requirements for existing SMWC units for which construction commenced on or before August 30, 1999. The request for delegation was submitted to EPA on March 28, 2005. EPA and the MDE signed a Memorandum of Agreement (MOA) which is the mechanism for the transfer of authority from EPA to the MDE. The MOA defines policies, responsibilities, and procedures pursuant to 40 CFR 62 subpart JJJ (the ``Federal plan'') and 40 CFR 60 subpart BBBB (Emission Guidelines), by which the Federal plan will be administered by both the EPA and the MDE.

EPA is making an interim final determination to stay and/or defer imposition of sanctions based on a proposed approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP) published elsewhere in today's Federal Register. The revisions concern SJVUAPCD Rule 4101Visible Emissions.