Environmental Protection Agency September 13, 2005 – Federal Register Recent Federal Regulation Documents

The EPA Science Advisory Board (SAB) Staff Office announces its intent to convene workgroups of experts drawn from the U.S. EPA SAB, the Clean Air Scientific Advisory Committee, and the Advisory Council on Clean Air Compliance Analysis (chartered advisory committees), their standing committees, subcommittees, and advisory panels to provide rapid consultative advice on scientific and technical issues in the aftermath of Hurricane Katrina.

This action announces the availability of EPA decisions identifying water quality limited segments and associated pollutants in Nevada to be listed pursuant to Clean Water Act Section 303(d)(2), and requests public comment. Section 303(d)(2) requires that states submit and EPA approve or disapprove lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards and for which total maximum daily loads (TMDLs) must be prepared. On September 1, 2005, EPA partially approved and partially disapproved Nevada's 2004 submittal. Specifically, EPA approved Nevada's listing of 205 water body-pollutant combinations, and associated priority rankings. EPA disapproved Nevada's decisions not to list 98 water body-pollutant combinations. EPA identified these additional water bodies and pollutants along with priority rankings for inclusion on the 2004 Section 303(d) list. EPA is providing the public the opportunity to review its decisions to add waters and pollutants to Nevada 2004 Section 303(d) list, as required by EPA's Public Participation regulations. EPA will consider public comments in reaching its final decisions on the additional water bodies and pollutants identified for inclusion on Nevada's final lists.

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 continuing collection. The prior collection for the 1999 National Survey of Local Emergency Planning Committees expired on June 30, 2002. 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 taking direct final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from facilities storing and processing organic liquids such as crude oil and petroleum by-products. We are approving SJVUAPCD Rule 4623, a rule regulating these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

The EPA is finalizing approval of a new consumer products regulation as part of the California State Implementation Plan (SIP) for ozone under the Clean Air Act (CAA) as amended in 1990. This California regulation adopts a new approach to reducing ozone formation from volatile organic compounds (VOC) in aerosol coating products. The EPA is also approving the use of California's Tables of Maximum Incremental Reactivity (MIR) to allow implementation of their rule. This action also revises EPA's definition of VOCs so that compounds which we previously identified as negligibly reactive and exempt from EPA's regulatory definition of VOCs now count towards a product's reactivity-based VOC limit for the purpose of California's aerosol coatings regulation. These revisions were previously proposed in the Federal Register on January 7, 2005 (70 FR 1640) and are expected to help in California's efforts to attain the National Ambient Air Quality Standards (NAAQS) for ozone.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Iowa for the purpose of establishing guidelines to identify stationary sources of air pollution potentially subject to Best Available Retrofit Technology (BART) emission control requirements. Owners and operators of stationary sources meeting the eligibility criteria will be required to submit source identification and emission unit description information to the state by September 1, 2005. BART-eligibility information is to be submitted on Iowa Department of Natural Resources (IDNR) form 542-8125 that lists facility information and emission unit identification and description. Annual emission totals in tons-per-year (potential) for PM10, NOX, SO2 and VOCs are also required.

This regulation establishes tolerances for residues of cyfluthrin in or on almond hulls, cucurbit vegetable crop group 9, fruiting vegetable group 8; grass forage; grass hay; grape; grape, raisin; leafy Brassica greens, subgroup 5B; leafy vegetable group, except Brassica, group 4; pistachio; pome fruit group 11; stone fruit group 12; tuberous and corm vegetable subgroup 1C; peanut; peanut, hay; pea and bean, dried shelled, except soybean, subgroup 6C; tree nuts, Crop Group 14; turnip greens; wheat forage; wheat hay; and wheat straw. Bayer CropScience and the Interregional Research Project Number 4 (IR- 4) requested the tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).