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

The Director of the Office of Ecosystem Protection at the Environmental Protection Agency's New England Regional Office (EPA-NE), is issuing National Pollutant Discharge Elimination System (NPDES) general permits to cover discharges of contaminated ground and surface waters in Massachusetts (MA), New Hampshire (NH), as well as in Indian Country lands located in MA, to surface receiving waters (waters of the United States) related to the following: groundwater remediation activities; construction projects where chemical contamination is present in the water; well development or rehabilitation and aquifer pump testing at formerly contaminated sites; clean-up of industrial sumps; hydrostatic testing of pipelines and tanks; and short-term testing at dredging projects not covered by a permit issued by the Army Corps of Engineers. The purpose of this document is to inform the public that the new general permit in Massachusetts and New Hampshire, known as the Remediation General Permit (RGP), is now available. The Notice of Availability for the draft RGP was published in the Federal Register on November 2, 2004 (69 FR 63531). In response to a number of requests, on December 8, 2004, EPA-NE extended the comment period from December 17, 2004, to January 18, 2005. During the public comment period, EPA-NE received 18 sets of comments regarding the RGP. EPA-NE prepared a response-to-comments document and made a number of corresponding changes to the RGP, including, but not limited to: removing utility vaults and manholes from the applicability, allowing the use of historic data in certain circumstances, expanding the period of intermittent shutdowns from 90 to 120 days, etc. The response-to-comments document is available with the final general permit. The final RGP establishes notification requirements, effluent limitations, monitoring requirements, and administrative requirements, as well as other standards, conditions, prohibitions, and management practices for discharges to both fresh and marine waters. The RGP does not cover new sources as defined under 40 CFR 122.2. Also, the final RGP does not cover discharges from utility vaults and manholes, as proposed. Rather, EPA plans to develop a separate general permit for that discharge category.

EPA's expressed concerns regarding the pesticide application procedures and small landowner exemptions that could have potential effects on water quality. Rating EC2.

A meeting of the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) will be held on September 28-30, 2005, in Washington, DC. At this meeting, the NAC/AEGL Committee will address, as time permits, the various aspects of the acute toxicity and the development of Acute Exposure Guideline Levels (AEGLs) for the following chemicals: Allyl chloroformate; arsenic trioxide; boron trifluoride; cyclohexyl isocyanate; dibromoethane; diphosgene; ethyl chloroformate; ethyl chlorothioformate; isobutyl chloroformate; isopropyl chloroformate; jet fuel 8; ketene; methyl chloroformate; n-butyl chloroformate; propyl chloroformate; and sec-butyl chloroformate.

On June 2, 2005, the State of Indiana, through the Indiana Department of Environmental Management (IDEM), submitted: A request for the EPA to redesignate the area of Evansville (Vanderburgh and Warrick Counties) from nonattainment to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS); and a request for EPA approval of an Indiana State Implementation Plan (SIP) revision containing a 10- year maintenance plan for the Evansville area. EPA is proposing to approve the State's request to redesignate the Evansville area to attainment of the 8-hour ozone NAAQS. EPA's proposed approval of the redesignation request is based on the determination that the Evansville area and the State of Indiana have met the criteria for redesignation to attainment specified in the Clean Air Act (CAA), including the determination that the Evansville area has attained the 8-hour ozone standard. In conjunction with the proposed approval of the redesignation request for the Evansville area, EPA is proposing to approve the State's plan to maintain the attainment of the 8-hour ozone NAAQS through 2015 in this area as a revision to the Indiana SIP. EPA is also proposing to approve 2015 Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) Motor Vehicle Emissions Budgets (MVEBs), which are supported by and consistent with the 10-year maintenance plan for this area, for purposes of transportation conformity.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request for an existing approved collection. This ICR is scheduled to expire on February 28, 2006. 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.

The U.S. Environmental Protection Agency (EPA or Agency) invites all interested persons to nominate qualified individuals to serve a three-year term as members of the National Drinking Water Advisory Council (Council). This 15-member Council was established by the Safe Drinking Water Act (SDWA) to provide practical and independent advice, consultation, and recommendations to the Agency on the activities, functions, and policies and regulations required by the Safe Drinking Water Act. The terms of five (5) memberstwo (2) who represent local government agencies concerned with public water supply and public health protection, two (2) who are affiliated with water- related or other organizations and interest groups having an active interest in public water supply/public health protection, and one (1) who speaks for the general publicexpire in December 2005. EPA would like the preponderance of nominations to be in these three areas consistent with the mandates of the SDWA and the Agency encourages nominations of individuals who can represent small, rural public water systems (see Supplementary Information below). Although the Agency is identifying preferences, all nominations will be fully considered.

The EPA is approving a State Implementation Plan (SIP) revision submitted by the State of New York. This revision will establish an updated ten-year carbon monoxide (CO) maintenance plan for the Onondaga County attainment area. Onondaga County was redesignated to attainment of the CO National Ambient Air Quality Standard (NAAQS) on September 29, 1993 and a maintenance plan was also approved at that time. By this action, EPA is approving the New York State Department of Environmental Conservation's (New York) second maintenance plan for Onondaga County because it provides for continued attainment for an additional ten years of the CO NAAQS. In addition, EPA is approving New York's revised Part 225-3 (Oxygenated Gasoline Program provisions).

The Environmental Protection Agency (EPA) is finalizing revisions to the RCRA hazardous waste permitting program, originally proposed on October 12, 2001, to allow for a ``standardized permit.'' The standardized permit will be available to RCRA treatment, storage, and disposal facilities (TSDs) otherwise subject to RCRA permitting that generate and then store or non-thermally treat hazardous waste on- site in tanks, containers, and containment buildings. The standardized permit will also be available to facilities which receive hazardous waste generated off-site by a generator under the same ownership as the receiving facility, and which then store or non- thermally treat the hazardous waste in containers, tanks, or containment buildings. The standardized permit will streamline the permitting process by allowing facilities to obtain and modify permits more easily, while still achieving the same level of environmental protection as individual permits. This rule finalizes the proposal, with changes based on public comments. In the preamble to proposed rule, the Agency also requested comments on other permitting-related topics including: how cleanups under non-RCRA state cleanup programs might be reflected in RCRA permits; the conclusions about captive insurance in a March, 2001 report by EPA's Inspector General; and whether insurers that provide financial assurance for hazardous waste and PCB facilities have a minimum rating from commercial rating services. The Agency is not taking action at this point on these questions.

Two GPs regulating the activities of mechanical placer mining and suction dredge mining for gold placer mining operations in the state of Alaska expire on October 3, 2005. On April 21, 2005, EPA proposed to reissue these two GPs. There was a 45 day comment period. During the comment period, EPA received comments on the mechanical GP regarding coverage area prohibitions and metals limitations. The GP remains the same as the current GP. EPA received similar comments as those described above for the medium-size suction dredge GP as well as concern about Endangered Species and the interpretation of a Best Management Practice (BMP). The general permit contains new language on the possibility of requiring an individual permit in areas of concern for Endangered Species and a part of a BMP has been removed. A Response to Comments was prepared for each general permit. EPA has determined that each facility submitting a new Notice of Intent (NOI) prior to the expiration date of the current permit will be automatically covered by the re-issued GP.

This notice announces EPA's cancellation order granting amendments to terminate uses, voluntarily requested by the registrant(s) and accepted by the Agency, of products containing the pesticide Chromated Copper Arsenate (CCA), pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a September 8, 2004 Federal Register Notice of Receipt of Requests (69 FR 54278) from the CCA registrants to voluntarily amend their affected product registrations to terminate the use ``members out of water and not subject to salt water [or brackish water] splash, and not in soil use,'' as currently stated under American Wood Preservers' Association (AWPA) Standard C18 (Wood for Marine Construction). The registrants requested that these use terminations become effective December 31, 2004. For further information, please refer to the CCA guidance document at https:// www.epa.gov/pesticides/factsheets/chemicals/ ccaawpajune.pdf. In the September 8, 2004 Notice, EPA indicated that it intended to issue a cancellation order implementing the amendments to terminate the use. All affected CCA registrants waived the 180-day comment period (i.e., any comment period in excess of 30 days). Accordingly, EPA hereby issues in this notice a cancellation order granting the requested amendments to terminate the uses. Any distribution, sale, or use of the CCA products subject to this cancellation order is permitted only in accordance with the terms of this cancellation order, including any existing stocks provisions.

As required by the Federal Advisory Committee Act, Public Law 92-463, the Environmental Protection Agency is announcing two meetings of the Federal Advisory Committee on Detection and Quantitation Approaches and Uses in Clean Water Act (CWA) Programs.

The Regional Administrator of Region 6 today issues the final National Pollutant Discharge Elimination System (NPDES) ``General Permit for the Territorial Seas off Texas'' (No. TXG260000) for discharges from existing and new dischargers and New Sources in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category (40 CFR part 435, subpart A) as authorized by section 402 of the Clean Water Act, 33 U.S.C. 1342. The permit supercedes the previous general permit (TX0085651) issued on September 15, 1983 and published in the Federal Register at 48 FR 41494. That permit authorized discharges from exploration, development, and production facilities located in and discharging to the territorial seas off Texas. Through this reissuance, EPA includes current technology and water quality based effluent limitations consistent with National Effluent Limitations Guidelines, Federal Ocean Discharge Criteria, and State Water Quality Standards. A copy of the Region's responses to comments and the final permit may be obtained by mail from the address listed below or from the EPA Region 6 Internet site: https://www.epa.gov/earth1r6/6wq/6wq.htm. A Record of Decision which completes the Environmental Assessment process required by the National Environmental Policy Act is also available at the above Internet address or by mail from the address listed below.

EPA is proposing to amend the regulations that identify revisions to the Arizona state implementation plan and the regulations that identify area designations within Arizona. In so doing, EPA is acting pursuant to the Agency's authority under the Clean Air Act to correct errors made in approving plan revisions and area redesignations. The purpose of this proposed rule is to correct an error in the adoption and submittal date shown for a revision to the implementation plan that EPA recently approved and to correct a transcription error in, and to make a more general correction to, the boundary description of the metropolitan Phoenix carbon monoxide area that EPA recently redesignated to attainment.

EPA is updating the materials submitted by the District of Columbia that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the State agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Regional Office.

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.

Notice is hereby given by the Environmental Protection Agency (EPA or Agency) that a modification of an exemption to the land disposal restrictions under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act (RCRA) has been granted to Vickery Environmental, Inc. (VEI) of Vickery, Ohio. This modification allows VEI to continue to inject RCRA-regulated hazardous wastes designated as K181 wastes which will be banned from land disposal on August 23, 2005, as a result of regulations promulgated in the Federal Register (FR) on February 24, 2005 (70 FR 9138 et seq.) into four Class I injection wells at the Vickery, Ohio, facility. As required by 40 CFR part 148, VEI has demonstrated, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the injection zone utilized by VEI's waste disposal facility located near Vickery, Ohio, for as long as the newly- exempted waste remains hazardous. This decision constitutes a final Agency action for which there is no administrative appeal.