Environmental Protection Agency October 12, 2005 – Federal Register Recent Federal Regulation Documents
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Pesticide Program Dialogue Committee Meeting
Pursuant to the Federal Advisory Committee Act, EPA gives notice of a public meeting of the Pesticide Program Dialogue Committee (PPDC) on October 20 and 21, 2005. A draft agenda has been developed and is posted on EPA's web site. Agenda topics will include: Pesticide performance measures; human studies; farmworker safety; spray drift; Pesticide Registration Improvement Act Workgroup on Process Improvements Update; integrated testing strategy and vision; updates on registration review, reregistration/tolerance reassessment; status of rulemaking activities; and discussion of the PPDC Committee renewal activities. This document also gives notice of the PPDC Work Group on Performance Measures meeting on October 19, 2005.
Approval of Air Quality Implementation Plan Commitment to Submit Mid-Course Review; Massachusetts, New Hampshire and Rhode Island
Notice is hereby given that the states of Massachusetts, New Hampshire and Rhode Island have fulfilled the enforceable commitment each state made to EPA to complete a mid-course review (MCR) assessing whether their respective nonattainment area was or was not making sufficient progress toward attainment of the one-hour ozone standard under the Clean Air Act (CAA). EPA has reviewed the MCR documents submitted by Massachusetts, New Hampshire and Rhode Island and has determined that each state has adequately met its commitment to perform a MCR. EPA has sent a letter to each state approving their respective MCR as fulfilling the commitment made by each state in their 1-hour ozone attainment demonstration.
Pyrazon Reregistration Eligibility Decision for Low Risk Pesticide; Notice of Availability
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide pyrazon, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the pyrazon Docket. Pyrazon [5- amino-4-chloro-2-phenyl-3(2H)-pyridazinone], also known as chloridazon, is an herbicide belonging to the pyridazinone class of pesticides, and is used for weed control on sugar beets, red table beets, and ornamentals. EPA has reviewed pyrazon 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.
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Oglethorpe Power Company-Wansley Combined Cycle Energy Facility; Roopville (Heard County), GA
On September 15, 2005, the Administrator issued an Order Responding to Remand denying a petition to object to a state operating permit issued to Oglethorpe Power Company (Oglethorpe)Wansley Combined Cycle Energy Facility (Block 8) located in Roopville, Heard County, Georgia, pursuant to title V of the Clean Air Act (the Act), 42 U.S.C. 7661-7661f. On February 4, 2002, Sierra Club had filed a petition seeking EPA's objection to the title V operating permit for Block 8 issued by the Georgia Environmental Protection Division (EPD). The Administrator denied the petition in an Order dated November 15, 2002. Pursuant to Section 502(b) of the Act, Sierra Club appealed to the U.S. Court of Appeals for the Eleventh Circuit (the Court), arguing that Oglethorpe was not entitled to a permit for Block 8 (in accordance with Georgia's Statewide Compliance Rule) because it owns part of another major stationary source that has been cited for non-compliance with the Act. On May 5, 2004, the Court granted Sierra Club's petition for review, vacated the November 12, 2002, Order, and remanded to EPA for further explanation of the manner in which the Georgia rule should be applied in cases of partial ownership. After considering the issues raised by the Court, the Order Responding to Remand reaches the same conclusion as EPA's original Order, but provides a more detailed explanation.
Imidacloprid; Pesticide Tolerances for Emergency Exemptions
This regulation establishes a time-limited tolerance for the combined residues of imidacloprid, (1-[6-chloro-3-pyridinyl) methyl]-N- nitro-2-imidazolidinimine) and its metabolites containing the 6- chloropyridinyl moiety, all expressed as parent in or on pomegranates. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on pomegranates. This regulation establishes a maximum permissible level for residues of imidacloprid in this food commodity. The tolerance will expire and is revoked on December 31, 2008.
Prevention of Significant Deterioration for Nitrogen Oxides
In today's final action, EPA is retaining the existing nitrogen dioxide (NO2) increments as part of the Agency's regulations for the Prevention of Significant Deterioration (PSD) of air quality from emissions of nitrogen oxides (NOX). These regulations are designed to preserve the air quality in national parks and other areas that are meeting the national ambient air quality standards (NAAQS) for NO2 (hereafter called the NO2 NAAQS). EPA reevaluated the original NO2 increments in response to a 1990 court ruling that directed the Agency to consider and harmonize the statutory criteria for establishing PSD regulations for NOX contained in sections 166(c) and 166(d) of the Clean Air Act (CAA or Act). EPA is also amending its PSD regulations to clarify that States otherwise meeting these requirements of the Act may obtain approval to employ alternative approaches to the existing increments for NO2. Under a separate action, we will be publishing a Supplemental Notice of Proposed Rulemaking (SNPR) to show how implementation of the model cap and trade program under the 2005 Clean Air Interstate Rule (CAIR) can meet the requirements for a State to use this approach in lieu of the existing NO2 increments in order to prevent significant deterioration of air quality from emissions of NOX.
National Emission Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II)
This action finalizes national emission standards (NESHAP) for hazardous air pollutants for hazardous waste combustors (HWCs): hazardous waste burning incinerators, cement kilns, lightweight aggregate kilns, industrial/commercial/institutional boilers and process heaters, and hydrochloric acid production furnaces. EPA has identified HWCs as major sources of hazardous air pollutant (HAP) emissions. These standards implement section 112(d) of the Clean Air Act (CAA) by requiring hazardous waste combustors to meet HAP emission standards reflecting the performance of the maximum achievable control technology (MACT). The HAP emitted by HWCs include arsenic, beryllium, cadmium, chromium, dioxins and furans, hydrogen chloride and chlorine gas, lead, manganese, and mercury. Exposure to these substances has been demonstrated to cause adverse health effects such as irritation to the lung, skin, and mucus membranes, effects on the central nervous system, kidney damage, and cancer. The adverse health effects associated with exposure to these specific HAP are further described in the preamble. For many HAP, these findings have only been shown with concentrations higher than those typically in the ambient air. This action also presents our decision regarding the February 28, 2002 petition for rulemaking submitted by the Cement Kiln Recycling Coalition, relating to EPA's implementation of the so-called omnibus permitting authority under section 3005(c) of the Resource Conservation and Recovery Act (RCRA). That section requires that each permit issued under RCRA contain such terms and conditions as permit writers determine to be necessary to protect human health and the environment. In that petition, the Cement Kiln Recycling Coalition requested that we repeal the existing site-specific risk assessment policy and technical guidance for hazardous waste combustors and that we promulgate the policy and guidance as rules in accordance with the Administrative Procedure Act if we continue to believe that site-specific risk assessments may be necessary.
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