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

The EPA Science Advisory Board (SAB) Staff Office announces three upcoming public teleconferences of the: (1) SAB Ecological Processes and Effects Committee to prepare for a review of the EPA Region 6 Geographic Information System Screening Tool; (2) The SAB Arsenic Review Panel to discuss and reach consensus its draft report Advisory on EPA's Assessments of Carcinogenic Effects of Organic and Inorganic Arsenic; and (3) The SAB Second Generation Model Advisory Panel to discuss potential revisions to its interim draft comments on the model.

Notice is hereby given that the State of Michigan is revising its approved Public Water System Supervision Program. Michigan has: revised its administrative penalty authority for public water systems; adopted the Consumer Confidence Report Rule, which requires annual drinking water quality reports from all community water systems; adopted the Interim Enhanced Surface Water Treatment Rule, which will help improve control of microbial pathogens in drinking water; adopted the Stage 1 Disinfectants and Disinfection Byproducts Rule, which will set new requirements to limit the formation of chemical disinfection byproducts in drinking water; and adopted the Public Notification Rule, which revises the general public notification regulations (sets requirements for public water systems to follow regarding the form, manner, frequency, and content of a public notice). EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve these program revisions. This approval action does not extend to public water systems (PWSs) in Indian Country, as that term is defined in 18 U.S.C. 1151. By approving these rules, EPA does not intend to affect the rights of federally recognized Indian tribes in Michigan, nor does it intend to limit existing rights of the State of Michigan. Any interested party may request a public hearing. A request for a public hearing must be submitted by December 14, 2005, to the Regional Administrator at the EPA Region 5 address shown below. The Regional Administrator may deny frivolous or insubstantial requests for a hearing. However, if a substantial request for a public hearing is made by December 14, 2005, EPA Region 5 will hold a public hearing. If EPA Region 5 does not receive a timely and appropriate request for a hearing and the Regional Administrator does not elect to hold a hearing on his own motion, this determination shall become final and effective on December 14, 2005. Any request for a public hearing shall include the following information: the name, address, and telephone number of the individual, organization, or other entity requesting a hearing; a brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement of the information that the requesting person intends to submit at such hearing; and the signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

EPA is proposing to make determinations that the Greene County and Jackson County ozone nonattainment areas have attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). These proposed determinations are based on three years of complete, quality-assured ambient air quality monitoring data for the 2002-2004 seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. EPA is proposing to approve requests from the State of Indiana to redesignate the Greene County and Jackson County areas to attainment of the 8-hour ozone NAAQS. These requests were submitted by the Indiana Department of Environmental Management (IDEM) on July 15, 2005 and supplemented on September 6, 2005, September 7, 2005, October 6, 2005, and October 20, 2005. In proposing to approve these requests, EPA is also proposing to approve the State's plans for maintaining the 8-hour ozone NAAQS through 2015 in these areas as a revision to the Indiana State Implementation Plan (SIP). EPA is also proposing to find adequate and approve the State's 2015 Motor Vehicle Emission Budgets (MVEBs) for these areas. In the final rules section of this Federal Register, EPA is approving the SIP revisions as a direct final rule without prior proposal, because EPA views these actions as noncontroversial and anticipates no adverse comments. A detailed rationale for the approvals is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to these proposed rule. If EPA receives adverse comments with respect to an area addressed by these rules, we will publish a timely withdrawal of the action affecting that area, informing the public that the rule will not take effect with respect to that area. EPA will respond to the public comments in a subsequent final rule based on this proposed rule. 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.

On November 5, 2001, we published a direct final rule and concurrent notice of proposed rulemaking to revise the requirements on variability in the composition of additives certified EPA's Gasoline Deposit Control Program. We received adverse comments on two of the amendments contained in the direct final rule and proposed rule. Consequently, we issued a partial withdrawal notice on January 24, 2002, to withdraw the amendments that received adverse comments. This action addresses the public comments received on the withdrawn amendments. We found the adverse comments on the withdrawn amendments unpersuasive. However, we agreed with one commenter's suggestion that additional clarifying language would be useful in one of the subject amendments to prevent any potential for misinterpretation. Consequently, today's action implements the previously withdrawn amendments with the addition of clarifying language. The changes to the regulatory requirements made by this action address additive manufacturer concerns that compliance with the previous requirements would be burdensome and difficult, while maintaining the emissions control benefits of the gasoline deposit control program.

This notice announces the availability of the administrative record file for comment on 43 TMDLs and the calculations for these TMDLs prepared by EPA Region 6 for waters listed in the state of Arkansas under section 303(d) of the Clean Water Act (CWA). These TMDLs were completed in response to the lawsuit styled Sierra Club, et al. v. Browner, et al., No. LR-C-99-114.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that EPA is planning to submit the following proposed Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. This is a request for a new collection.

The U.S. Environmental Protection Agency, Region 5 is approving a modification to Indiana's approved municipal solid waste landfill (MSWLF) permit program. The modification allows the State to issue research, development and demonstration (RD&D) permits to owners and operators of MSWLF units in accordance with its state law.

EPA is making an interim final determination to stay and/or defer imposition of sanctions based on a proposed approval of a revision to the Pinal County Air Quality Control District (PCAQCD) portion of the Arizona State Implementation Plan (SIP) published elsewhere in today's Federal Register. The revisions concern PCAQCD Rule 2-8-300.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), announces a meeting via conference call of the Board of Scientific Counselors (BOSC) Global Change Subcommittee. The conference call will focus on developing a consensus review document summarizing the findings of the Subcommittee's independent review of the Office of Research and Development's Global Change Research Program.

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 Northeast Chemical Superfund Site (Site) located in Wilmington, New Hanover County, North Carolina. EPA will consider public comments on the settlement until December 12, 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, SW., 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.

EPA is proposing to correct the boundary of the Phoenix metropolitan 1-hour ozone nonattainment area to exclude the Gila River Indian Reservation. EPA is proposing this action under the authority of section 110(k)(6) of the Clean Air Act and in light of the Federal trust responsibility to the Tribes. This action is intended to facilitate and support the Gila River Indian Community's efforts to develop, adopt and implement a comprehensive Tribal Implementation Plan by removing unnecessary obligations that flow from the erroneous inclusion of a portion of the Reservation in the Phoenix metropolitan 1-hour ozone nonattainment area.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from September 26, 2005 to October 14, 2005, consists of the PMNs pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

This notice announces the availability of EPA's human health risk assessment and related documents for the insecticidal fumigant pesticide propylene oxide (PPO), and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED), for PPO through a modified, 4-Phase 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. This notice opens phase 3 of the 4-phase process.

This regulation establishes exemptions from the requirement of a tolerance for residues of 2-bromo-2-nitro-1,3-propanediol, which is also known as bronopol (Chemical Abstracts Service (CAS) Registry Number (Reg. No.) 52-51-7; 1,3-propanediol, 2-bromo-2-nitro- (9CI)), when used as an inert ingredient in-can preservative at 0.04% or less by weight of the total pesticide formulation when applied to growing crops or to raw agricultural commodities after harvest under 40 CFR 180.910, and when applied to animals under 40 CFR 180.930. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting the exemptions from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-bromo-2-nitro-1,3-propanediol.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide ethofumesate, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the ethofumesate docket. Ethofumesate is a selective herbicide used during preplant, preemergence and postemergence for control of broadleaf and grass weeds. Primary uses are for sugar beets, turf for sod and golf courses, and grass for seed. Special local need uses include uses on spinach and Swiss chard crops which are grown for seed. EPA has reviewed ethofumesate 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.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.) EPA is seeking public comment on the following Information Collection Request (ICR): Notification of Chemical Exports - Toxic Substances Control Act (TSCA) Section 12(b) (EPA ICR No. 0795.12, OMB Control No. 2070-0030). This ICR involves a collection activity that is currently approved and scheduled to expire on August 31, 2006. The information collected under this ICR relates to reporting requirements found at 40 CFR part 707, subpart D, with respect to companies exporting certain chemicals from the United States to foreign countries. Before submitting this ICR to the Office of Management and Budget (OMB) for review and approval under the PRA, EPA is soliciting comments on specific aspects of the collection.

The EPA is convening two public workshops to provide training for affected parties responsible for reporting during the 2006 Inventory Update Rule information collection. The workshops will focus on the Instructions for Reporting, industry case studies, and submission of IUR data over the internet. The Instructions for Reporting were revised in response to amendments to 40 CFR Part 710 promulgated on January 7, 2003. These workshops are open to the public.

EPA has environmental objections about the proposed project primarily related to the adequacy of the ecological connectivity options presented. EPA notes that no preferred alternative was selected and the most substantial environmental issues relate to the No Action Alternative and Ecological Connectivity Improvement Package C. Rating EO2.

This notice announces EPA's order for the cancellation, voluntarily requested by the registrant and accepted by the Agency, of a product containing the pesticides phenothrin and s-methoprene, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a July 15, 2005 (corrected August 3, 2005) Federal Register Notice of Receipt of a Request from the registrant Hartz Mountain Corporation to voluntarily cancel their product Hartz Ref 117, a product labeled for use as a spot-on for cats and kittens. In the July 15, 2005 Notice, EPA indicated that it would issue an order implementing the cancellation no earlier than October 31, 2005. EPA further indicated that the request for cancellation was irrevocable. The Agency did not receive any comments on the Notice during the 30-day comment period. Accordingly, EPA hereby issues in this Notice a cancellation order granting the requested cancellation. Any distribution, sale, or use of the product Hartz Ref 117 is permitted only in accordance with the terms of this order, including any existing stocks provisions.

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 new collection. 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.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: Recordkeeping and Reporting Requirements for Allegations of Significant Adverse Reactions to Human Health or the Environment (TSCA Section 8(c)); EPA ICR No. 1031.08, OMB No. 2070-0017. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.

EPA is proposing to approve a redesignation request and a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The Virginia Department of Environmental Quality (VADEQ) is requesting that the Shenandoah National Park area (the SNP area) be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the VADEQ submitted a SIP revision consisting of a maintenance plan for the SNP area that provides for continued attainment of the 8- hour ozone NAAQS for the next 10 years. EPA is proposing to make a determination that the SNP area has attained the 8-hour ozone NAAQS based upon three years of complete, quality-assured ambient air quality ozone monitoring data for 2002-2004. EPA's proposed approval of the 8- hour ozone redesignation request is based on its determination that the SNP area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA). EPA is providing information on the status of its adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the maintenance plan for the SNP area for purposes of transportation conformity, and is also proposing to approve those MVEBs. EPA is proposing approval of the redesignation request and of the maintenance plan revision to the Virginia SIP in accordance with the requirements of the CAA.

Today the Environmental Protection Agency (EPA) is proposing to determine that HCFC-22 and HCFC-142b are unacceptable for use in the foam sector under the Significant New Alternatives Policy (SNAP) Program under section 612 of the Clean Air Act. The SNAP program reviews alternatives to Class I and Class II ozone depleting substances and approves use of alternatives which do not present a greater risk to public health and the environment than the substance they replace or than other available substitutes. Specifically, EPA is taking two actions. First, in response to a court decision upholding a challenge to EPA's July 2002 final rule finding HCFC-22 and HCFC-142b acceptable subject to Narrowed Use Limits in three foam end uses, we are proposing to find HCFC-22 and HCFC-142b unacceptable as substitutes for HCFC-141b in the foam end uses of commercial refrigeration, sandwich panels, slabstock and ``other'' foams. Second, in the July 2002 final rule, EPA withdrew a proposed action to find HCFC-22 and HCFC-142b unacceptable as substitutes for CFCs in all foam end uses. We are now issuing a new proposal to find HCFC-22 and HCFC-142b unacceptable as substitutes for CFCs in all foam end uses.

The Commonwealth of Kentucky Department for Environmental Protection (KYDEP or agency) has requested that EPA delegate authority for implementation and enforcement of existing New Source Performance Standards (NSPS) which have been previously adopted by the agency but have remained undelegated by EPA, and has requested that EPA approve the mechanism for delegation (adopt-by-reference) of future NSPS. The purpose of KYDEP's request for approval of its delegation mechanism is to streamline existing administrative procedures by eliminating any unnecessary steps involved in the Federal delegation process. With this NSPS delegation mechanism in place, a new or revised NSPS promulgated by EPA will become effective in the Commonwealth of Kentucky on the date the NSPS is adopted-by-reference pursuant to a rulemaking of the Commonwealth of Kentucky's Natural Resources and Environmental Protection Cabinet, if the agency adopts the NSPS without change. ``Adopt-by-reference'' means the EPA promulgated standard has been adopted directly into the State regulations by reference to the Federal law. No further agency requests for delegation will be necessary. Likewise, no further Federal Register notices will be published. In this action, EPA is delegating authority to KYDEP for implementation and enforcement of existing New Source Performance Standards (NSPS) which have been previously adopted by KYDEP and which are identified in the Supplementary Information section below. In addition, EPA is approving KYDEP's ``adopt-by-reference'' mechanism for delegation of future NSPS.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA has submitted a renewal for a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). The proposed request was for renewal of an existing approved collection which is scheduled to expire on October 31, 2005. Before submitting the ICR to OMB for review and approval, EPA solicited comments on specific aspects of the proposed information collection as described below. The EPA received comments submitted to the docket from the U.S. Department of the Interior Minerals Management Service and has responded by making certain suggested changes and corrections which are found in this final document.