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

Recent Posting to the Applicability Determination Index (ADI) Database System of Agency Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations Pertaining to Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and the Stratospheric Ozone Protection Program
Document Number: 05-21625
Type: Notice
Date: 2005-10-31
Agency: Environmental Protection Agency
This notice announces applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and the Stratospheric Ozone Protection Program.
Proposed CERCLA Administrative Agreement; Liberty Industrial Finishing Superfund Site
Document Number: 05-21624
Type: Notice
Date: 2005-10-31
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 agreement'') with The Stop & Shop Supermarket Company LLC (``Respondent'') concerning Respondent's ground lease of an approximately 9-acre parcel of real property (the ``Property'') included within the Liberty Industrial Finishing Superfund Site in the Village of Farmingdale, Town of Oyster Bay, Nassau County, New York (the ``Site'') and Respondent's potential use of the Property by construction and operation of a shopping center including a supermarket and fueling facility. Under the PPA agreement, the United States would covenant not to sue or take administrative action against Respondent under section 106 or 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA'') if Respondent becomes an operator of the Property. In consideration, Respondent would perform work at the Site that EPA has valued at approximately $100,000 and will also pay to EPA the amount of $12,500. 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 agreement 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.
Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Enviromental Response, Compensation, and Liability Act
Document Number: 05-21623
Type: Notice
Date: 2005-10-31
Agency: Environmental Protection Agency
In accordance with section 122 (h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement concerning the RSR Corporation Superfund Site, the Murmur Corporation, and the Murmur Leasing Corporation. The settlement requires the settling parties to pay $278,273 as payment of response costs to the Hazardous Substances Superfund. The settlement includes a covenant not to sue pursuant to sections 106 and 107 of CERCLA, 42, U.S.C. 9607. The settling parties also agree to assign and implement institutional controls. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to this notice and 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. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733.
Notice of the Twelfth Meeting of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force
Document Number: 05-21622
Type: Notice
Date: 2005-10-31
Agency: Environmental Protection Agency
This notice announces the Twelfth Meeting of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force. The purpose of this Task Force, consisting of Federal, State, and Tribal members, is to lead efforts to coordinate and support nutrient management and hypoxia- related activities in the Mississippi River and Gulf of Mexico watersheds. The major matters to be discussed at the meeting is the activities of the Sub-Basin Teams and the Reassessment of the Action Plan for Reducing, Mitigating, and Controlling Hypoxia in the Northern Gulf of Mexico. The Action Plan was developed in fulfillment of a requirement of section 604(b) of the Harmful Algal Blooms and Hypoxia Research Control Act (Pub. L. 105-383Coast Guard Authorization Act of 1998) to submit a scientific assessment of hypoxia and a plan for reducing, mitigating, and controlling hypoxia in the Gulf of Mexico. The Action Plan was submitted as a Report to Congress on January 18, 2001, and the eleventh action item is a reassessment of the actions every five years. The public will be afforded an opportunity to provide input to the Task Force during open discussion periods.
National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters
Document Number: 05-21531
Type: Proposed Rule
Date: 2005-10-31
Agency: Environmental Protection Agency
On September 13, 2004, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for industrial, commercial, and institutional boilers and process heaters. In this action, EPA is proposing a limited number of amendments to the NESHAP. In response to a petition for reconsideration, EPA is proposing and requesting comment on an amendment allowing for consolidated testing of commonly vented boilers under the emission averaging provision. In addition, EPA is proposing amendments and technical corrections to the final rule to clarify some applicability and implementation issues raised by stakeholders subject to the final rule.
Notice of Availability of Correspondence Regarding Revisions to the National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations
Document Number: 05-21527
Type: Proposed Rule
Date: 2005-10-31
Agency: Environmental Protection Agency
This notice announces the availability of correspondence and the Environmental Protection Agency's (EPA's) response to inquiries regarding the Concentrated Animal Feeding Operations (CAFOs) regulations. EPA received inquiries on the permit application date in the CAFOs regulation and whether, in response to the February 28, 2005, decision by the Second Circuit Court of Appeals issued in Waterkeeper v. EPA, 399 F.3d 486 (2nd Cir. 2005), the permit application date may be extended. The 2003 CAFO rule (68 FR 7176) (``National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations''), hereafter known as the ``2003 CAFO rule,'' contains the requirement that by February 13, 2006, all newly defined CAFOs must apply for a National Pollutant Discharge Elimination System (NPDES) permit. The 2003 CAFO rule also requires that all CAFOs develop and implement a Nutrient Management Plan by December 31, 2006. EPA is in the process of developing options for revising the 2003 CAFO rule to comply with the Second Circuit Court of Appeals' decision. The schedule for final action provides for a full and ample opportunity for public notice and comment, but it is not consistent with completion by February 13, 2006. As a result, EPA will propose to extend the permit application date of February 13, 2006, and the Nutrient Management Plan due date of December 31, 2006, in a separate NPRM. This second action will be proposed and finalized by February 13, 2006. The correspondence and the EPA's response have been added to the rulemaking docket and are available to the public.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: 05-21545
Type: Notice
Date: 2005-10-28
Agency: Environmental Protection Agency
EPA has concerns about the In-Valley Disposal Alternatives because of uncertainties about treatments to remove selenium from drainage water, the lack of information on contaminant profile and disposal of biotreatment and reverse osmosis brine, and potential environmental effects of evaporation ponds and reuse areas. EPA has environmental objections to the San Francisco Delta and Pacific Ocean Disposal Alternatives because of potential adverse effects to the Delta, Estero Bay, and drinking water supply. Rating EO2.
Environmental Impacts Statements; Notice of Availability
Document Number: 05-21544
Type: Notice
Date: 2005-10-28
Agency: Environmental Protection Agency
Pennsylvania and Virginia State Plans for Certification of Applicators of Restricted Use Pesticides; Notice of Availability
Document Number: 05-21535
Type: Notice
Date: 2005-10-28
Agency: Environmental Protection Agency
The States of Pennsylvania and Virginia have submitted to EPA amendments to their respective State Plans for Certification and Training of Applicators of Restricted Use Pesticides. The proposed amendments add new commercial categories for vertebrate pest control. Notice is hereby given of the intention of the Regional Administrator, Region III, to approve the revised Pennsylvania and Virginia Plans for the Certification of Applicators of Restricted Use Pesticides. EPA is soliciting comments on the proposed amendments.
Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
Document Number: 05-21532
Type: Notice
Date: 2005-10-28
Agency: Environmental Protection Agency
In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of request by registrants to voluntarily cancel certain pesticide registrations.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 104(k); and CERCLA Section 104(d); “ ‘Discounted Loans’ Under Brownfields Revolving Loan Fund Grants”
Document Number: 05-21530
Type: Notice
Date: 2005-10-28
Agency: Environmental Protection Agency
Pursuant to an October 17, 2005 Memorandum signed by Thomas P. Dunne, Acting Assistant Administrator of EPA's Office of Solid Waste and Emergency Response, Brownfields Revolving Loan Fund (RLF) grantees may provide discounted loans in certain situations. RLF grants are awarded to eligible entities provided in section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), to capitalize RLF's for brownfields cleanup. RLF grantees can use their EPA grant funds for loans and subgrants, as well as other eligible activities. The Office of Solid Waste and Emergency Response provides this policy in response to interest by RLF grantees awarded under CERCLA section 104(k) in issuing discounted loans as part of their RLF programs. Such loans were provided for in earlier policies that applied to Brownfields Cleanup Revolving Loan Fund (BCRLF) grants awarded under CERCLA section 104(d). BCRLF grants were awarded starting FY1997 to FY2002, prior to the passage of the Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law). Several BCRLF grantees made discounted loans under CERCLA section 104(d) policies, thereby achieving cleanup goals. However, with the signing of the Brownfields Law, new RLF grants, awarded under 104(k) from FY2003 forward, were left with no provision for the use of discounted loans. This policy meets this need, giving RLF grantees additional options to achieve cleanup goals, in keeping with prudent lending practices.
Final Programmatic Environmental Impact Statement for Mountaintop Mining and Valley Fills
Document Number: 05-21474
Type: Notice
Date: 2005-10-28
Agency: Department of Defense, Environmental Protection Agency, Fish and Wildlife Service, Department of the Interior, Department of the Army, Corps of Engineers, Office of Surface Mining, Engineers Corps, Army Department
The above agencies announce the availability of the FPEIS that considers developing policies, guidance, and coordinated agency decision-making processes to minimize, to the maximum extent practicable, the adverse environmental effects to waters of the United States and to fish and wildlife resources affected by mountaintop mining operations, and to environmental resources that could be affected by the size and location of excess spoil-disposal sites in valley fills within the Appalachian study area in West Virginia, Kentucky, Virginia, and Tennessee. This FPEIS was prepared as part of a settlement agreement that resolved the Federal claims brought in Bragg v. Robertson, Civ. No. 2:98-0636 (S.D.W.Va.). This FPEIS was prepared consistent with the provision set forth in 40 CFR 1503.4(c) of the Council on Environmental Quality regulations implementing NEPA, which allow the agencies to attach an errata sheet to the statement instead of rewriting the draft statement and to circulate the errata, comments, responses, and the changes, rather than the entire document. The agencies are filing the entire statement with a new cover sheet as the FPEIS. The FPEIS is being made available by mail and can be viewed on the Internet at http://www.epa.gov/region3/ mtntop/index.htm. The FPEIS can also be viewed at local offices of the above agencies and at selected local libraries. Copies of the FPEIS may be obtained by writing to the address listed below.
Pesticide Product; Registration Approval
Document Number: 05-21462
Type: Notice
Date: 2005-10-28
Agency: Environmental Protection Agency
This notice announces Agency approval of an application to register the pesticide product, Cuelure containing an active ingredient not included in any previously registered product pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.
Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units: Reconsideration
Document Number: 05-21457
Type: Proposed Rule
Date: 2005-10-28
Agency: Environmental Protection Agency
On May 18, 2005, pursuant to section 111 of the Clean Air Act (CAA), EPA published a final rule, entitled ``Standards of Performance for New and Existing Stationary Sources: Electric Steam Generating Units'' (the Clean Air Mercury Rule or CAMR; see 70 FR 28606). The final rule establishes standards of performance for emissions of mercury (Hg) from new and existing coal-fired electric utility steam generating units (Utility Units or EGU). After the notice of final rule appeared in the Federal Register, the Administrator received four petitions for reconsideration of certain aspects of CAMR. In this notice, EPA is announcing reconsideration of specific issues in CAMR, and we are requesting comment on those issues. We are seeking comment only on the aspects of CAMR specifically identified in this notice. We will not respond to any comments addressing other provisions of CAMR or any related rulemakings.
Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units From the Section 112(c) List: Reconsideration
Document Number: 05-21456
Type: Proposed Rule
Date: 2005-10-28
Agency: Environmental Protection Agency
On March 29, 2005, EPA published a final rule entitled ``Revision of December 2000 Regulatory Finding on the Emissions of Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam Generating Units from the Section 112(c) List'' (Section 112(n) Revision Rule). (See 70 FR 15994.) Following that final action, the Administrator received two petitions for reconsideration. In response to those petitions, EPA is announcing its reconsideration of certain aspects of the Section 112(n) Revision Rule. We are requesting comment on the particular issues identified below for which we are granting reconsideration. Those issues are referenced briefly in the SUPPLEMENTARY INFORMATION section of the preamble and described more fully later in this preamble. We are seeking comment only on the aspects of the Section 112(n) Revision Rule specifically identified in this notice. We will not respond to any comments addressing other aspects of the Section 112(n) Revision Rule or any related rulemakings.
Protection of Stratospheric Ozone: The 2006 Critical Use Exemption From the Phaseout of Methyl Bromide
Document Number: 05-21526
Type: Proposed Rule
Date: 2005-10-27
Agency: Environmental Protection Agency
EPA is proposing an exemption to the phaseout of methyl bromide production and import for 2006 critical uses. Specifically, EPA is proposing uses that will qualify for the 2006 critical use exemption, and the amount of methyl bromide that may be produced, imported, or made available from stocks for those uses in 2006. EPA's action is taken under the authority of the Clean Air Act and reflects recent consensus Decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol) at the 16th Meeting of the Parties (MOP) and the 2nd Extraordinary Meeting of the Parties (ExMOP). EPA is seeking comment on both the list of critical uses, and on EPA's determination of the amounts of methyl bromide needed to satisfy those uses.
Notice of Launch of Children's Environmental Health Awards Program
Document Number: 05-21461
Type: Notice
Date: 2005-10-27
Agency: Environmental Protection Agency
The Office of Children's Health Protection at the U.S. Environmental Protection Agency is pleased to be accepting applications for the 2006 Children's Environmental Health Excellence Awards. The awards are designed to increase awareness, stimulate activity, and recognize efforts that protect children from environmental health risks at the local, regional, national, and international level. The Children's Environmental Health Excellence Award is divided into five categories. You may apply under only one category. These include Government, Non-Governmental Organizations, Corporate, Individual, and K-12 and Higher Education. EPA will be looking for projects that significantly impact children's environmental health issues through research; indicators; capacity building; regulatory and policy innovations; education and outreach; and interventions. Applications are due December 15, 2005, and an awards ceremony will be held for the winners in Washington, DC, in spring 2006. To download an application go to http://yosemite.epa.gov/ochp/ochpweb.nsf/content/ news2.htm#cehawards.
Starmet CMI Superfund Site; Notice of Proposed De Minimis Settlement
Document Number: 05-21460
Type: Notice
Date: 2005-10-27
Agency: Environmental Protection Agency
Under section 122(g)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Environmental Protection Agency has offered a cost recovery settlement at the Starmet CMI Superfund Site located in Barnwell, Barnwell County, South Carolina. EPA will consider public comment until November 28, 2005. EPA may withdraw from or modify the proposed settlement should such comments disclose facts or considerations which indicate the proposed settlement is inappropriate, improper, or inadequate. Copies of the proposed are available from: Ms. Paula V. Batchelor, U.S. Environmental Protection Agency, Waste Management Division, Superfund Enforcement & Information Management Branch, 61 Forsyth Street, SW., Atlanta, Georgia 30303, (404) 562-8890, E-mail: Batchelor.Paula@epa.gov. Written or e-mail comments may be submitted to Paula V. Batchelor at the above address within thirty (30) days of the date of publication.
College Grove Battery Chip Superfund Site; Notice of Proposed Settlement
Document Number: 05-21459
Type: Notice
Date: 2005-10-27
Agency: Environmental Protection Agency
Under section 122(h)(1) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the Environmental Protection Agency has offered a cost recovery settlement at the College Grove Battery Chip Superfund Site (Site) located in College Grove, Williamson/Rutherford Counties, Tennessee. EPA will consider public comments on the proposed settlement until November 28, 2005. EPA may withdraw from or modify the proposed settlement should such comments disclose facts or considerations which indicate 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, South West, 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.
OMB Responses Correction
Document Number: 05-21458
Type: Notice
Date: 2005-10-27
Agency: Environmental Protection Agency
Environmental Protection Agency published a document in the Federal Register of September 21, 2005, concerning OMB's responses. The document contained incorrect information.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Survey of Airport Deicing Operations, EPA ICR Number 2171.01
Document Number: 05-21374
Type: Notice
Date: 2005-10-26
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 for a new collection. 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; Market-Based Stormwater Management in the Shepherd Creek Watershed in Cincinnati, OH, EPA ICR Number 2178.01
Document Number: 05-21373
Type: Notice
Date: 2005-10-26
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 for a new collection. This ICR describes the nature of the information collection and its estimated burden and cost.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; VOC and NOX
Document Number: 05-21372
Type: Proposed Rule
Date: 2005-10-26
Agency: Environmental Protection Agency
EPA proposes 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 two major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's (Pennsylvania or the Commonwealth) SIP-approved generic RACT regulations. EPA is proposing to approve these revisions in accordance with the Clean Air Act (CAA).
Agency Information Collection Activities: Submission to OMB for Review and Approval; Comment Request; National Emission Standards for Hazardous Air Pollutants From Plating and Polishing Operations, EPA ICR Number 2186.01
Document Number: 05-21371
Type: Notice
Date: 2005-10-26
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 for a new collection. This ICR describes the nature of the information collection and its estimated burden.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium
Document Number: 05-21370
Type: Notice
Date: 2005-10-26
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 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.
Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NSPS for Glass Manufacturing Plants (Renewal), ICR Number 1131.08, OMB Control Number 2060-0054
Document Number: 05-21369
Type: Notice
Date: 2005-10-26
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 December 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.
Proposed Settlement Agreement, Clean Air Act Citizen Suit
Document Number: 05-21368
Type: Notice
Date: 2005-10-26
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 settlement agreement, to address petitions for review filed by American Chemistry Council (``ACC''), Eastman Chemical Company, Clariant LSM (America), Inc., Rohm and Haas Company, General Electric Company, Lyondell Chemical Company and the Coke Oven Environmental Task Force (collectively ``petitioners''). ACC et al. v. EPA Nos. 04-1004 (and consolidated cases 04-1005, 04-1008, 04-1009, 04-1010, 04-1012, and 04-1013) (D.C. Cir.). In January 2003, petitioners filed petitions for review challenging the final EPA rule entitled ``National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing; Final Rule'' (``MON''). 68 FR 63852 (November 10, 2003). Under the terms of the proposed settlement agreement, EPA has agreed that: On or before November 30, 2005, the EPA Administrator will sign a notice of proposed rulemaking to amend the MON as provided in Attachment A to the Settlement Agreement; As part of the proposed amendments to the MON, EPA will include language in the preamble as provided in Attachment B to the Settlement Agreement; Within 30 days of the date the comment period on the proposed amendments closes, EPA will take final action on the proposed 18 month compliance extension; and Within 150 days of the date the comment period on the proposed amendments closes, EPA will sign a notice of final rulemaking.
Extension of Comment Period for the Preliminary 2006 Effluent Guidelines Program Plan
Document Number: 05-21367
Type: Notice
Date: 2005-10-26
Agency: Environmental Protection Agency
EPA is extending the comment period for the Agency's completed 2005 annual review and pending 2006 annual reviews of existing effluent limitations guidelines and pretreatment standards under the Clean Water Act (CWA) sections 301(d), 304(b), 304(g), and 307(b), and the Preliminary 2006 Effluent Guidelines Program Plan under CWA section 304(m). EPA is also extending a second comment period on the draft Strategy for National Clean Water Industrial Regulations (``draft Strategy'') (67 FR 71165; November 29, 2002). EPA noticed the start of these comment periods on August 29, 2005 (70 FR 51042). In response to requests from several stakeholders, this action extends both comment periods for 30 days.
Endothall Reregistration Eligibility Decision; Notice of Availability
Document Number: 05-21366
Type: Notice
Date: 2005-10-26
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide endothall. The Agency's risk assessments and other related documents also are available in the endothall Docket. Endothall is used as an aquatic herbicide to control submerged aquatic vegetation and algae in lakes, ponds, and irrigation canals and is used as a desiccant on cotton, hops, potatoes, and seed production for alfalfa and clover. Endothall is also used as a biocide to control mollusks in cooling towers/systems. Endothall is applied as either a dipotassium salt or an N, N-dimethylalkylamine salt. The endothall acid is not directly applied to use sites; it is formed as a break-down product resulting from application of the salt forms. The amine salt is the only form applied terrestrially, while both the dipotassium and amine salt are applied to aquatic use sites. EPA has reviewed endothall 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.
Oxydemeton-methyl Interim Reregistration Eligibility Decision and Amendment
Document Number: 05-21365
Type: Notice
Date: 2005-10-26
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Interim Reregistration Eligibility Decision (IRED) for the organophosphate pesticide oxydemeton-methyl (ODM) and the ODM IRED Amendment document. The Agency's risk assessments and other related documents also are available in the ODM Docket (docket number OPP-34167), and on the ODM reregistration website located at http://www.epa.gov/oppsrrd1/op/ odm.htm. ODM is a systemic, organophosphate insecticide/acaracide registered on terrestrial food crops (vegetable, field, tree fruit, and nut crops) and terrestrial non-food sites (ornamental uses). EPA has reviewed ODM 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.
Versar, Inc. and EnDyna, BR Stern and Associates, Menzie-Cura and Associates, and Tetrahedon, Inc.; Transfer of Data
Document Number: 05-21269
Type: Notice
Date: 2005-10-26
Agency: Environmental Protection Agency
This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be tranferred to Versar, Inc. and its subcontractors, EnDyna, BR Stern and Associates, Menzie-Cura and Associates, and Tetrahedon, Inc., in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Versar, Inc. and its subcontractors, EnDyna, BR Stern and Associates, Menzie-Cura and Associates, and Tetrahedon, Inc., have been awarded a contract to perform work for OPP, and access to this information will enable Versar, Inc. and its subcontractors, EnDyna, BR Stern and Associates, Menzie-Cura and Associates, and Tetrahedon, Inc., to fulfill the obligations of the contract.
Approval and Promulgation of Air Quality Implementation Plans; State of Utah; State Implementation Plan Corrections
Document Number: 05-21266
Type: Rule
Date: 2005-10-26
Agency: Environmental Protection Agency
When EPA approved Utah State Implementation Plan (SIP) revisions for the Salt Lake City Carbon Monoxide (CO) Maintenance Plan and related Vehicle Inspection and Maintenance (I/M) Program for Salt Lake County, we inadvertently used an invalid acronym for the Utah Annotated Code. EPA is correcting this error with this document.
National Pollution Prevention and Toxics Advisory Committee (NPPTAC); Notice of Public Teleconference
Document Number: 05-21271
Type: Notice
Date: 2005-10-25
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act (FACA), 5 U.S.C. App.2 (Public Law 92-463), EPA gives notice of a public teleconference of the National Pollution Prevention and Toxics Advisory Committee (NPPTAC). The purpose of the teleconference is to provide advice and recommendations to EPA regarding the overall policy and operations of the programs of the Office of Pollution Prevention and Toxics (OPPT). The meeting is open to the public. However, due to limited space, seating will be on a first come basis.
Federal Agency Hazardous Waste Compliance Docket (Federal Docket Management System #-SFUND-2005-0004)
Document Number: 05-21267
Type: Notice
Date: 2005-10-25
Agency: Environmental Protection Agency
Section 120(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), requires the Environmental Protection Agency (EPA) to establish a Federal Agency Hazardous Waste Compliance Docket. The docket is to contain certain information about Federal facilities that manage hazardous waste or from which hazardous substances have been or may be released. (As defined by CERCLA section 101(22), a release is any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.) CERCLA requires that the docket be updated every six months, as new facilities are reported to EPA by Federal agencies. The following list identifies the Federal facilities to be included in this twenty-first update of the docket and includes facilities not previously listed on the docket and reported to EPA since the last update of the docket, 69 FR 75951, December 20, 2004, which was current as of September 13, 2004. SARA, as amended by the Defense Authorization Act of 1997, specifies that, for each Federal facility that is included on the docket during an update, evaluation shall be completed in accordance with a reasonable schedule. Such site evaluation activities will help determine whether the Federal facility should be included on the National Priorities List (NPL) and will provide EPA and the public with valuable information about the facility. In addition to the list of additions to the docket, this notice includes a section that comprises revisions (that is, corrections and deletions) of the previous docket list. This update contains 3 additions and 12 deletions since the previous update, as well as numerous other corrections to the docket list. At the time of publication of this notice, the new total number of Federal facilities listed on the docket is 2,282.
Revisions to the California State Implementation Plan, Ventura County Air Pollution Control District
Document Number: 05-21265
Type: Proposed Rule
Date: 2005-10-25
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from surface cleaning operations. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, Ventura County Air Pollution Control District
Document Number: 05-21264
Type: Rule
Date: 2005-10-25
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Ventura County Air Pollution Control District (VCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from surface cleaning operations. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Meeting of the National Drinking Water Advisory Council-Notice of Public Meeting
Document Number: 05-21263
Type: Notice
Date: 2005-10-25
Agency: Environmental Protection Agency
Under section 10(a)(2) of Public Law 92-423, The Federal Advisory Committee Act, notice is hereby given for a meeting of the National Drinking Water Advisory Council (NDWAC or Council). This Council was authorized by the Safe Drinking Water Act in 1974 (42 U.S.C. 300f et seq.) to support the Environmental Protection Agency in performing its duties and responsibilities related to the national drinking water program. The principal items on the Agenda for this meeting include: A report from the Council's Working Group on the near- term efforts to revise performance measures and indicators for the drinking water program; a presentation and discussion of the water program's sustainable infrastructure initiative; an update on the implementation of the recommendations in the Report on Water Security Practices, Incentives, and Measures, which the Council sent to EPA's Administrator in June 2005. Other EPA drinking water program activities will be addressed if sufficient time is available.
Approval and Promulgation of Air Quality Implementation Plans; CO; PM10
Document Number: 05-21262
Type: Rule
Date: 2005-10-25
Agency: Environmental Protection Agency
EPA is taking final action to approve a State Implementation Plan (SIP) revision submitted by the State of Colorado on July 31, 2002, for the purpose of redesignating the Lamar, Colorado area from nonattainment to attainment for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) under the 1987 standards. The Governor's submittal, among other things, documents that the Lamar area has attained the PM10 National Ambient Air Quality Standards (NAAQS), requests redesignation to attainment and includes a maintenance plan for the area demonstrating maintenance of the PM10 NAAQS for ten years. EPA is approving this redesignation request and maintenance plan because Colorado has met the applicable requirements of the Clean Air Act (CAA), as amended. Upon the effective date of this approval, the Lamar area will be designated attainment for the PM10 NAAQS. This action is being taken under sections 107, 110, and 175A of the Clean Air Act.
Approval and Promulgation of Implementation Plans: NC: Approval of Revisions to the Control of Visible Emissions Rule
Document Number: 05-21261
Type: Rule
Date: 2005-10-25
Agency: Environmental Protection Agency
EPA is taking final action to approve the Control of Visible Emissions portion of a State Implementation Plan (SIP) revision submitted to EPA, by the State of North Carolina, on December 14, 2004. EPA is approving changes to the opacity standards for sources required to install, operate and maintain continuous opacity monitoring systems (COMs). These changes do not increase the number of exceptions or the number of minutes per day for exceptions, but allow the aggregation of the daily exceptions. At this time, we are not taking final action on the remaining portions of the SIP revision submitted by the State on December 14, 2004.
Miscellaneous Revisions to EPAAR Clauses
Document Number: 05-21196
Type: Rule
Date: 2005-10-25
Agency: Environmental Protection Agency
EPA is taking direct final action on administrative changes to the EPA Acquisition Regulation (EPAAR). This action revises the EPAAR, but does not impose any new requirements on Agency contractors. The revisions in this direct final rule will make minor corrections to and streamline Agency acquisition processes to be consistent with and non- duplicative of the Federal Acquisition Regulation (FAR). Some EPAAR clauses will be revised and others will be removed. FAR clauses are available to provide coverage for the EPAAR clauses that are removed by this rule.
Fifty-Sixth Report of the TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency; Receipt of Report and Request for Comments
Document Number: 05-21197
Type: Notice
Date: 2005-10-24
Agency: Environmental Protection Agency
The Toxic Substances Control Act (TSCA) Interagency Testing Committee (ITC) transmitted its 56\th\ ITC Report to the Administrator of EPA on September 15, 2005. In the 56\th\ ITC Report, which is included with this notice, the ITC is revising the TSCA section 4(e) Priority Testing List by adding 5 High Production Volume (HPV) orphan chemicals and 2 tungsten compounds and removing 28 HPV orphan chemicals, 3 pyridinamine compounds, 6 indium compounds, and 6 vanadium compounds. The ITC is requesting that EPA add the 5 HPV orphan chemicals and 2 tungsten compounds to the TSCA section 8(a) Preliminary Assessment Information Reporting (PAIR) rule and the 5 HPV orphan chemicals to the TSCA section 8(d) Health and Safety Data Reporting (HaSDR) rule. To facilitate the efforts of EPA, other Federal and State agencies, interested stakeholders, and members of the public in obtaining basic health effects and environmental data on HPV chemicals, the ITC conducted a December 2004 Data-Availability Study of 235 substances that were HPV chemicals in the 1998 and 2002 Inventory Update Rules (IURs), but not in the 1990 or 1994 IURs. The study is discussed and the list of 235 substances is appended to this 56\th\ ITC Report.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; VOC RACT Orders for Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, Inc.
Document Number: 05-21195
Type: Proposed Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
The EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Connecticut. These revisions incorporate volatile organic compound (VOC) reasonably available control technology (RACT) state consent orders for Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, Inc. into the Connecticut SIP. This action will have a beneficial effect on air quality by reducing VOC emissions which contribute to ground-level ozone formation. EPA is taking this action in accordance with the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; VOC RACT Orders for Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, Inc.
Document Number: 05-21194
Type: Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
EPA is approving State Implementation Plan (SIP) revisions submitted by the State of Connecticut. These revisions incorporate volatile organic compound (VOC) reasonably available control technology (RACT) state consent orders into the Connecticut SIP for four facilities: Hitchcock Chair Co., Ltd.; Kimberly Clark Corp.; Watson Laboratories, Inc.; and Ross & Roberts, Inc. This action will have a beneficial effect on air quality by reducing VOC emissions which contribute to ground-level ozone formation. EPA is taking this action in accordance with the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Maine; Consumer Products Regulation
Document Number: 05-21193
Type: Proposed Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from consumer products. The intended effect of this action is to approve these requirements into the Maine SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Maine; Consumer Products Regulation
Document Number: 05-21192
Type: Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from consumer products. The intended effect of this action is to approve these requirements into the Maine SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).
Board of Scientific Counselors, Land Subcommittee Meetings-Winter 2005
Document Number: 05-21189
Type: Notice
Date: 2005-10-24
Agency: Environmental Protection Agency
Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of four meetings of the Board of Scientific Counselors (BOSC) Land Subcommittee.
National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers
Document Number: 05-21188
Type: Proposed Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
On September 8, 1994, we promulgated national emission standards for hazardous air pollutants (NESHAP) from industrial process cooling towers (59 FR 46350). The NESHAP eliminated the use of chromium-based water treatment chemicals that are known or suspected to cause cancer or have a serious health or environmental effect. Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to assess the risk remaining (residual risk) after the application of the NESHAP and promulgate additional standards if warranted to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. Also, section 112(d)(6) of the CAA requires EPA to review and revise the NESHAP as necessary at least every 8 years, taking into account developments in practices, processes, and control technologies. Based on our findings from the residual risk review and technology review, we are proposing no further action at this time to revise the NESHAP. This proposed action requests public comments on the residual risk review and technology review for the NESHAP.
Ethylene Oxide Emissions Standards for Sterilization Facilities
Document Number: 05-21187
Type: Proposed Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
On December 6, 1994, we promulgated Ethylene Oxide Emission Standards for Sterilization Facilities (59 FR 62585). The national emission standards limit and control hazardous air pollutants (HAP) that are known or suspected to cause cancer or have other serious health or environmental effect. Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to assess the risk remaining (residual risk) after the application of national emission standards controls and revise as necessary to protect public health. Also, CAA section 112(d)(6) requires us to review and to revise the national emission standards as necessary by taking into account developments in practices, processes, and control technologies. The proposal announces a decision and requests public comments on the residual risk assessment and technology review for the national emission standards. We are proposing no further action at this time to revise the national emission standards.
National Emission Standards for Magnetic Tape Manufacturing Operations
Document Number: 05-21186
Type: Proposed Rule
Date: 2005-10-24
Agency: Environmental Protection Agency
On December 15, 1994, we promulgated national emission standards for hazardous air pollutants (HAP) from magnetic tape manufacturing operations (59 FR 64580). The national emission standards limit and control HAP that are known or suspected to cause cancer or have other serious health or environmental effect. Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to assess the risk remaining (residual risk) after the application of national emission standards controls and to promulgate more stringent standards, if necessary, to protect public health with an ample margin of safety and to prevent adverse environmental effect. Also, section 112(d)(6) of the CAA requires EPA to review and revise the national emission standards, as necessary, taking into account developments in practices, processes, and control technologies. Based on our findings from the residual risk and technology review, we are proposing no further action at this time to revise the national emission standards. Today's proposed action requests public comments on the residual risk and technology review for the national emission standards.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: 05-21102
Type: Notice
Date: 2005-10-21
Agency: Environmental Protection Agency
EPA had concerns about potential impacts to wetlands and recommended that additional mitigation be developed. Rating EC2.