Environmental Protection Agency October 4, 2005 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Bernalillo County, NM; Negative Declaration
Document Number: 05-19878
Type: Rule
Date: 2005-10-04
Agency: Environmental Protection Agency
EPA is approving three negative declarations submitted by the City of Albuquerque (Bernalillo County) certifying that there are no existing sources subject to the requirement of sections 111(d) and 129 of the Clean Air Act under their jurisdiction. These three negative declarations are for Sulfuric Acid Mist Emissions from Sulfuric Acid Plants, Fluoride Emissions from Phosphate Fertilizer Plants, and Total Reduced Sulfur Emissions from Kraft Pulp Mills. This is a direct final rule action without prior notice and comment because this action is deemed noncontroversial.
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Bernalillo County, NM; Negative Declaration
Document Number: 05-19877
Type: Proposed Rule
Date: 2005-10-04
Agency: Environmental Protection Agency
EPA is approving three negative declarations submitted by the City of Albuquerque (Bernalillo County) certifying that there are no existing sources subject to the requirements of sections 111(d) and 129 of the Clean Air Act under their jurisdiction. These three negative declarations are for Sulfuric Acid Mist Emissions from Sulfuric Acid Plants, Fluoride Emissions from Phosphate Fertilizer Plants, and Total Reduced Sulfur Emissions from Kraft Pulp Mills. This is a direct final rule action without prior notice and comment because this action is deemed noncontroversial.
Approval and Promulgation of Implementation Plans for Kentucky: Inspection and Maintenance Program Removal for Northern Kentucky; New Solvent Metal Cleaning Equipment; Commercial Motor Vehicle and Mobile Equipment Refinishing Operations
Document Number: 05-19875
Type: Rule
Date: 2005-10-04
Agency: Environmental Protection Agency
EPA is approving four related revisions to the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky on February 9, 2005. These revisions affect the Northern Kentucky area, which is comprised of the Kentucky Counties of Boone, Campbell, and Kenton, and is part of the Cincinnati-Hamilton Metropolitan Statistical Area. EPA is approving the movement of the regulation underlying the Northern Kentucky inspection and maintenance (I/M) program from the regulatory portion of the Kentucky SIP to the contingency measures section of the Northern Kentucky 1-Hour Ozone Maintenance Plan. EPA is also approving revisions to a Kentucky rule which provides for the control of volatile organic compounds (VOCs) from new solvent metal cleaning equipment. Further, EPA is approving a new rule into the Kentucky SIP affecting commercial motor vehicle and mobile equipment refinishing operations in Northern Kentucky. Finally, EPA is approving updated mobile source category emissions projections with updated, state motor vehicle emission budgets (MVEBs) for the year 2010. This final rule addresses comments made on EPA's proposed rulemaking previously published for this action.
Administrative Reporting Exemption for Certain Air Releases of NOX
Document Number: 05-19872
Type: Proposed Rule
Date: 2005-10-04
Agency: Environmental Protection Agency
This notice of proposed rulemaking provides notice of, and requests comments, including any relevant data, on a proposed new administrative exemption from certain notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and the Emergency Planning and Community Right-to-Know Act, also known as Title III of the Superfund Amendments and Reauthorization Act. The Agency also seeks public comment on human health risk assessment data or other relevant data that relates to this proposal. The proposed administrative reporting exemption pertains to releases of less than 1,000 pounds of nitrogen oxide and nitrogen dioxide (or collectively ``NOX'') to the air in 24 hours that is the result of combustion activities, unless such release is the result of an accident or malfunction. Notifications must still be made for accidents or malfunctions that result in the releases of NOX at the final RQ of 10 pounds or more per 24 hours. The administrative reporting exemption is protective of human health and the environment and consistent with the Agency's goal to reduce unnecessary reports considering that levels for which the Clean Air Act regulates NOX are considerably higher than 10 pounds. In addition, the Agency believes that the submission of these reports for the proposed exempted releases would not contribute significantly to the data that is already available through the permitting process to the government and the public. The Agency is also considering and seeking comment on two other options to address the high frequency of release notifications. Those options would involve more efficient use of Continuous Release reporting and a complete exemption from the notification requirements under CERCLA and EPCRA.
Agency Information Collection Activities; Submission for OMB Review and Approval; Comment Request; NESHAP for Source Categories: Generic Maximum Achievable Control Technology Standards (Renewal), ICR Number 1871.04, OMB Control Number 2060-0420
Document Number: 05-19866
Type: Notice
Date: 2005-10-04
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.
Asbestos-Containing Materials in Schools; State Request for Waiver from Requirements; Notice of Final Decision
Document Number: 05-19865
Type: Notice
Date: 2005-10-04
Agency: Environmental Protection Agency
EPA is issuing a final decision which approves the request from Illinois for a waiver from the Agency's asbestos-in-schools program. A waiver of these requirements is granted since EPA has determined, after notice and comment and opportunity for a public hearing, that Illinois is implementing or intends to implement a program of asbestos inspection and management for schools that is at least as stringent as EPA's program. This notice announces the official grant of the waiver.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Regulatory Pilot Projects (Renewal), EPA ICR Number 1755.07, OMB Control Number 2010-0026
Document Number: 05-19862
Type: Notice
Date: 2005-10-04
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 renewal of an existing approved collection. This ICR was scheduled to expire on September 30, 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.
Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures (“Headworks Exemptions”)
Document Number: 05-19841
Type: Rule
Date: 2005-10-04
Agency: Environmental Protection Agency
In today's action, the Environmental Protection Agency is finalizing the addition of benzene and 2-ethoxyethanol to the list of solvents whose mixtures with wastewaters are exempted from the definition of hazardous waste under the Resource Conservation and Recovery Act. The scrubber waters derived-from the combustion of any of the exempted solvents also are included in the exemption. In addition, the Agency is revising the rule by adding an option to allow generators to directly measure solvent chemical levels at the headworks of the wastewater treatment system to determine whether the wastewater mixture is exempt from the definition of hazardous waste. Finally, the Agency is extending the eligibility for the de minimis exemption to other listed hazardous wastes (beyond discarded commercial chemical products) and to non-manufacturing facilities.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Servicing of Motor Vehicle Air Conditioners, EPA ICR Number 1617.05, OMB Control Number 2060-0247
Document Number: 05-19840
Type: Notice
Date: 2005-10-04
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 September 30, 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 to OMB for Review and Approval; Comment Request; Modification of Secondary Treatment Requirements for Discharges Into Marine Waters, EPA ICR Number 0138.08, OMB Control Number 2040-0088
Document Number: 05-19839
Type: Notice
Date: 2005-10-04
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 September 30, 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.
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Oklahoma; Plan for Controlling Emissions From Commercial and Industrial Solid Waste Incineration Units
Document Number: 05-19838
Type: Rule
Date: 2005-10-04
Agency: Environmental Protection Agency
EPA is taking direct final action on the ``State Plan'' submitted by the state of Oklahoma on June 29, 2005, to fulfill the requirement of sections 111/(d)/129 of the Clean Air Act for commercial and industrial solid waste incineration (CISWI) units. The State Plan provides for the implementation and enforcement of the Emissions Guidelines, as promulgated by EPA December 1, 2000, applicable to existing CISWI units for which construction commenced on or before November 30, 1999. The State Plan establishes emission limits, monitoring, operating, and recordkeeping requirements for commercial and industrial solid waste incinerator (CISWI) units for which construction commenced on or before November 30, 1999.
Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Oklahoma; Plan for Controlling Emissions From Commercial and Industrial Solid Waste Incineration Units
Document Number: 05-19837
Type: Proposed Rule
Date: 2005-10-04
Agency: Environmental Protection Agency
EPA is proposing to approve the ``State Plan'' submitted by the state of Oklahoma on June 29, 2005, to fulfill the requirement of sections 111(d)/129 of the Clean Air Act for commercial and industrial solid waste incineration (CISWI) units. Specifically, the State Plan that EPA is proposing to approve, establishes emission limits for organics, carbon monoxide, metals, acid gases and particulate matter and compliance schedules for the existing CISWI units located in Oklahoma which will reduce the designated pollutants. The State Plan establishes monitoring, operating, and recordkeeping requirements for commercial and industrial solid waste incinerator (CISWI) units for which construction commenced on or before November 30, 1999. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving Oklahoma's State Plan submittal, 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 EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.
Toxics Release Inventory Burden Reduction Proposed Rule
Document Number: 05-19710
Type: Proposed Rule
Date: 2005-10-04
Agency: Environmental Protection Agency
Under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), the Environmental Protection Agency (EPA) proposes to revise certain requirements for the Toxics Release Inventory (TRI). The purpose of these revisions is to reduce reporting burden associated with the TRI reporting requirements while continuing to provide valuable information to the public that fulfills the purposes of the TRI program. ``Burden'' is the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a Federal agency. The Agency will continue to provide valuable information to the public pursuant to section 313 of EPCRA and section 6607 of the Pollution Prevention Act (PPA) regarding toxic chemical releases and other waste management activities. If adopted, today's proposed action would increase eligibility for the Form A Certification Statement for non-Persistent Bioaccumulative and Toxic (PBT) chemicals by raising the eligibility threshold to 5000 pounds for the ``annual reportable amount'' of a toxic chemical. It would also, for the first time, allow limited use of Form A for PBT chemicals where total releases are zero and the PBT annual reportable amount does not exceed 500 pounds. Dioxin and dioxin-like compounds are excluded from consideration for expanded Form A eligibility. Today's proposal applies to the reporting of individual chemicals and is not intended to apply automatically to all reports that a facility may be required to file. For non-PBTs under the current regulations, the annual reportable amount is the combined total quantity released at the facility, treated at the facility, recovered at the facility as a result of recycle operations, combusted for the purpose of energy recovery at the facility, and amounts transferred from the facility to off-site locations for the purpose of recycling, energy recovery, treatment, and/or disposal. This combined total corresponds to the quantity of the toxic chemical in productionrelated waste, i.e., the sum of Sections 8.1 through and including Section 8.7 of the Form R. Today's proposal would define a PBT annual reportable amount that would also include amounts managed and reported under Section 8.8 of the Form R. Greater detail on how reporters can qualify for increased Form A eligibility is provided later in today's proposal under Section III.
Toxics Release Inventory 2006 Burden Reduction
Document Number: 05-19709
Type: Notice
Date: 2005-10-04
Agency: Environmental Protection Agency
EPA's Toxics Release Inventory Program is today announcing its intent to explore potential approaches for modification of the reporting frequency of facilities that report to TRI. Among the options to be considered is alternate year reporting, which would require Congressional notification as discussed in section 313(i) of the Emergency Planning and Community Right-to-Know-Act (EPCRA). EPA has notified Congress, as required by this provision, of its intent to initiate a rulemaking to modify TRI reporting frequency. Today's notice is in addition to the Agency's recent proposal, Toxics Release Inventory Burden Reduction Proposed Rule elsewhere in Today's Federal Register, designed to reduce reporting burden on facilities reporting to TRI by increasing eligibility for the Form A Certification Statement.