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

EPA does not object to the proposed project. Rating LO.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended by the Superfund Amendment and Reauthorization Act (``CERCLA''), notice is hereby given of a proposed settlement to resolve claims against P.M. Northwest Inc., Shell Oil Company, and Texaco Inc. The proposed settlement concerns the federal government's past response costs at the PM Northwest Site, located on the Swinomish Indian Reservation, near Laconnor, Washington. The settlement requires the settling parties, PM Northwest Inc., Shell Oil Company, and Texaco Inc., to pay $170,000 to the Hazardous Substance Superfund.

EPA issued a notice in the Federal Register of November 30, 2005, concerning the initial filing of a pesticide petition proposing the establishment of regulations for residues of mancozeb in or on almond nuts and hulls; broccoli, cabbage, lettuce and peppers; and imported oranges/mandarins with a 30-day public comment period. This document is extending the comment period for 20 days, from December 30, 2005 to January 19, 2006.

EPA issued a notice in the Federal Register of November 30, 2005, concerning the initial filing of a pesticide petition proposing the establishment of regulations for residues of metiram: a mixture of 5.2 parts by weight of ammoniates of ethylenebis(dithiocarbamato) zinc with 1 part by weight ethylenebis (dithiocarbamic acid) bimolecular and trimolecular cyclic anhydrosulfides and disulfides, calculated as zinc ethylenebisdithiocarbamate in or on imported grapes and bananas with a 30-day public comment period. This document is extending the comment period for 20 days, from December 30, 2005 to January 19, 2006.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide Aquashade, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the Aquashade docket. The dyes erioglaucine (Acid Blue 9 or FD&C Blue No. 1) and tartrazine (Acid Yellow 23 or FD&C Yellow No. 5), when combined, act as an aquatic algaecide/herbicide, commonly referred to by the trade name Aquashade. It can be used in natural or manmade ponds, lakes, fountains, fish farms, and fish hatcheries, and may be applied by both professional applicators and homeowners. EPA has reviewed Aquashade through a streamlined 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.

EPA is taking direct final action to interpret and clarify the 2006 default standard applicable under the Renewable Fuel Program set forth in the Energy Policy Act of 2005. The Act requires that 2.78 volume percent of gasoline sold or dispensed to consumers in the U.S. in 2006 be renewable fuel if EPA does not promulgate comprehensive regulations to implement the Renewable Fuel Program by August 8, 2006. Given the short timeframe available and the need to provide certainty to the regulated community, the Agency is finalizing a limited set of regulations for the default standard for 2006 that will provide for collective compliance by refiners, blenders, and importers to meet the 2.78 volume percent requirement, with compliance determined by looking at the national pool of gasoline sold in 2006. The Agency will develop and promulgate the comprehensive program subsequent to this action.

On November 14, 2005, at 70 FR 69210, EPA proposed amendments to the ``National Emission Standards for Hazardous Air Pollutants for Organic Liquids Distribution (Non-Gasoline)'' and provided a 45-day public comment period. Written comments on the proposed rule amendments were to be submitted to the EPA on or before December 29, 2005. We have received requests asking for an extension of the public comment period. In consideration of these concerns, the EPA is extending the comment period by 21 days (until January 19, 2006).

The EPA is proposing to partially approve and partially disapprove revisions to the Michigan State Implementation Plan (SIP). These revisions were submitted to the EPA by the Michigan Department of Environmental Quality (MDEQ) on April 3, 2003, May 28, 2003, September 17, 2004, October 25, 2004 and June 8, 2005. The following sections of Michigan's rules are affected: Part 3: Emission Limitations and ProhibitionsParticulate Matter; Part 4: Emission Limitations and ProhibitionsSulfur-bearing Compounds; Part 6: Emission Limitations and ProhibitionsExisting Sources of Volatile Organic Compound Emissions; Part 7: Emission Limitations and ProhibitionsNew Sources of Volatile Organic Compound Emissions; Part 9: Emission Limitations and ProhibitionsMiscellaneous; Part 10: Intermittent Testing and Sampling; and Part 11: Continuous Emission Monitoring. The revisions are primarily administrative changes and minor corrections.

On May 12, 2005, EPA published in the Federal Register the final ``Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone'' (Clean Air Interstate Rule or CAIR). The CAIR requires certain upwind States to reduce emissions of nitrogen oxides (NOX) and/or sulfur dioxide (SO2) that significantly contribute to nonattainment of, or interfere with maintenance by, downwind States with respect to the fine particle (PM2.5) and/or 8-hour ozone national ambient air quality standards (NAAQS). Subsequently, EPA received 11 petitions for reconsideration of the final rule. Through Federal Register notices dated August 24, 2005 and December 2, 2005, EPA previously initiated reconsideration processes on five specific issues in the CAIR and requested comment on those issues. In this notice, EPA is announcing its decision to reconsider one additional specific issue in the CAIR and is requesting comment on that issue. The specific issue addressed in today's notice relates to the potential impact of a recent D.C. Circuit Court decision, New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005), on the analysis used in developing CAIR to identify highly cost-effective emission reductions. This court decision vacated the pollution control project (PCP) exclusion in the New Source Review (NSR) regulations (the exclusion allowed certain environmentally beneficial PCPs to be excluded from certain NSR requirements). The EPA is seeking comment only on the aspect of the CAIR specifically identified in this notice. We will not respond to comments addressing other provisions of the CAIR or any related rulemakings.

This action finalizes adjustments to allocations of Article 5 allowances that permit production of Class I ozone-depleting substances (ODSs) solely for export to developing countries to meet those countries' basic domestic needs. This action adjusts the baseline Article 5 allowances for companies for specific Class I controlled substances and establishes a schedule for reductions in the Article 5 allowances for these Class I controlled substances in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) and the Clean Air Act (CAA). This action also extends the allocation of Article 5 allowances for the manufacture of methyl bromide solely for export to developing countries beyond January 1, 2005, in accordance with the Montreal Protocol and the CAA.

Under the Federal Advisory Committee Act (FACA), 5 U.S. App.2 (Pub. L. 92-463), EPA gives notice of a 2-day meeting of the National Pollution Prevention and Toxics Advisory Committee (NPPTAC). The purpose of the meeting 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 Environmental Protection Agency (EPA) is holding an initial workshop on the development of regulations for aircraft public water systems. This workshop will examine and discuss the various aspects of aircraft public water systems, including an overview of aircraft water systems and watering points, existing drinking water regulations for aircraft water systems, the scope of issues for proposing regulations tailored to aircraft water systems, as well as preliminary options for a proposed rulemaking. This is the first workshop in a series designed to gain perspectives from representatives from industry, government, public interest groups, and the general public. The EPA has been working with the Food and Drug Administration and the Federal Aviation Administration to plan this event.

This regulation establishes an exemption from the requirement of a tolerance for residues of the bacteriophages that specifically target the bacterial pathogens Xanthomonas campestris pv. Vesicatoria and Pseudomonas syringae pv. tomato present on tomatoes and peppers when applied/used as bacteriocides on tomatoes and peppers. Omnylytics 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 an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Xanthomonas campestris pv. vesicatoria and Pseudomonas syringae pv. tomato specific bacteriophages when applied/ used as bacteriocides on tomatoes and peppers.

The EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Alabama on February 23, 2005. The revision responds to the EPA's regulation entitled, ``Interstate Ozone Transport: Response to Court Decisions on the Nitrogen Oxides (NOX) SIP Call, NOX SIP Call Technical Amendments, and Section 126 Rules,'' otherwise known as the ``NOX SIP Call Phase II.'' This revision satisfies EPA's rule that requires Alabama to submit NOX SIP Call Phase II revisions needed to achieve the necessary incremental reductions of NOX. The intended effect of this SIP revision is to reduce emissions of NOX in order to help attain the national ambient air quality standard (NAAQS) for ozone. The revision also corrects a typographical error and deletes an expired provision from 2003, pertaining to open burning in Morgan County, Alabama. In the Final Rules section of this Federal Register, the EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a non-controversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

This notice announces the order to amend registrations to terminate certain uses, voluntarily requested by the registrant(s) and accepted by the Agency, of products containing the pesticide azinphos- methyl, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a September 30, 2002 Federal Register Notice of Receipt of Requests (67 FR 61337) (FRL-7199-6) from the azinphos-methyl registrants to amend their product registrations to terminate certain uses of azinphos-methyl from their product registrations. In the September 30, 2002 Notice, EPA indicated that it would issue an order implementing the amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests. The Agency did not receive any comments on the Notice. Accordingly, EPA approved new labels without the uses in August 2003. Any distribution, sale, or use of the azinphos-methyl products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

This notice announces Agency approval ofapplications to register the pesticide products, Dutch Trig[reg] and Heads Up Plant Protectant, containing active ingredients 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.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide mancozeb. The Agency's risk assessments and other related documents are also available in the mancozeb Docket. Mancozeb is a member of the ethylene bisdithiocarbamate (EBDC) group of fungicides, which also includes the related fungicides maneb and metiram. Mancozeb is used as a broad spectrum fungicide on a variety of agricultural crops, ornamentals, and turf. As a part of this process, the Agency announced the availability of the EBDCs preliminary risk assessments and supporting documents for a 90-day comment period and requested risk reduction options under docket identification (ID) number EPA-HQ-OPP;2004-0078. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces the availability of EPA's risk assessments and related documents for the pesticide dicamba, 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 dicamba 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 announces the availability of EPA's risk assessments and related documents for the pyrethroid pesticide cypermethrin, and opens a 60 day 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 RED for cypermethrin 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 announces the availability of a Petition for Exemption from EPCRA and CERCLA Reporting Requirements for Ammonia from Poultry Operations that was submitted to the Environmental Protection Agency on August 5, 2005 by the National Chicken Council, National Turkey Federation, and U.S. Poultry and Egg Association as nonprofit member organizations that represent the majority of broiler and turkey producers across the country. This document is being made available so that the public will have the opportunity to provide relevant data regarding this petition. EPA, in accordance with its mission to protect human health and the environment, will consider the impacts of human health and the environment in its decision whether to grant or deny this petition.

The EPA Science Advisory Board (SAB) Staff Office announces an upcoming public teleconference of the SAB Arsenic Review Panel to discuss its draft report, Advisory on EPA's Assessments of Carcinogenic Effects of Organic and Inorganic Arsenic.

The EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Tennessee on May 6, 2005. The revision responds to the EPA's regulation entitled, ``Interstate Ozone Transport: Response to Court Decisions on the NOX SIP Call, NOX SIP Call Technical Amendments, and Section 126 Rules,'' otherwise known as the ``NOX SIP Call Phase II.'' This revision satisfies EPA's rule that requires Tennessee to submit NOX SIP Call Phase II revisions needed to achieve the necessary incremental reductions of nitrogen oxides (NOX). The intended effect of this SIP revision is to reduce emissions of NOX in order to help attain the national ambient air quality standard (NAAQS) for ozone. Specifically, this revision addresses compliance plans for NOX emissions from stationary internal combustion engines. In the Final Rules section of this Federal Register, the EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a non-controversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

On December 1, 2005 (70 FR 72116) EPA noticed the availability of the proposed National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Industrial Activities and requested comments on the draft by January 16, 2006. The purpose of this notice is to extend this comment period to February 16, 2006.

Under section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for the reimbursement of past response costs with Finishmaster, Inc., concerning the A&H Sales Superfund Site located in Tampa, Florida.