Environmental Protection Agency 2005 – Federal Register Recent Federal Regulation Documents

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 transferred to Computer Sciences Corporation in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Computer Sciences Corporation has been awarded a contract to perform work for OPP, and access to this information will enable Computer Sciences Corporation to fulfill the obligations of the contract.

The EPA Science Advisory Board (SAB) Staff Office announces a public workshop and meeting of the SAB Ecological Processes and Effects Committee (EPEC). The EPEC will hold a public workshop and meeting to evaluate the state-of-the-practice of ecological risk assessment. The workshop and meeting are open to the public, however, seating for the public will be limited and available on a first come basis to those who pre-register.

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 partial settlement agreement, to address a lawsuit filed by Environmental Defense, the Natural Resources Defense Council, the Sierra Club and Transportation Solutions Defense and Education Fund (collectively ``Plaintiffs''): Environmenatl Defense, et al. v. EPA, et al., No. 04-1291 (D.C. Cir.). On August 30, 2004, Plaintiffs filed a complaint challenging EPA's amendments to rules on determining conformity of federal transportation actions to State Implementation Plans (SIPs), issued under section 176(c) of the Act. Petitioners challenged several aspects of EPA's recent amendments to the transportation conformity rules addressing the new 8-hour ozone and P.M. 2.5 National Ambient Air Quality Standards. (69 FR 40,004, July 1, 2004).

The EPA is proposing to approve the State Implementation Plan revision submitted on June 22, 2004 by the State of New York to revise the Carbon Monoxide maintenance plan for Onondaga County, New York. EPA is proposing to approve this New York CO maintenance plan because it provides for continued maintenance of the CO National Ambient Air Quality Standard. In the ``Rules and Regulations'' section of this Federal Register, EPA is proposing to approve the State's SIP 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.

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 July 25, 2005 to August 12, 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 initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office is announcing the formation of the Clean Air Scientific Advisory Committee (CASAC) Lead Review Panel (Panel) and is soliciting nominations for this Panel. Nominees in response to this request for nominations will be considered for membership on the CASAC Lead Review Panel. This process supplements other efforts to identify qualified candidates for this Panel.

This notice announces the availability of EPA's revised risk assessments for the organophosphate pesticide dimethoate. In addition, this notice solicits public comment on risk reduction options for dimethoate. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing an Interim Reregistration Eligibility Decision (IRED) for dimethoate through the full, 6-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.

In today's action, EPA is taking direct final action to amend the regulations that identify revisions to the Arizona state implementation plan and the regulations that identify area designations within Arizona. In so doing, EPA is acting pursuant to the Agency's authority under the Clean Air Act to correct errors made in approving plan revisions and area redesignations. The purpose of this action is to correct an error in the adoption and submittal date shown for a revision to the implementation plan that EPA recently approved and to correct a transcription error in, and to make a more general correction to, the boundary description of the metropolitan Phoenix carbon monoxide area that EPA recently redesignated to attainment.

The EPA proposes to approve the second 10-year maintenance plan for carbon monoxide (CO) for the Portland, Oregon CO Attainment Area. Specifically, in this action EPA proposes to approve the following: Oregon's demonstration that the Portland CO Attainment Area will maintain air quality standards for CO through the year 2017; a revised CO motor vehicle emissions budget for transportation conformity purposes using the MOBILE6.2 emissions model and latest growth and planning assumptions; and revised state implementation plan (SIP) control strategies and contingency measures.

EPA expressed environmental concerns about the potential impacts to wetlands, steams, aquatic wildlife and habitat from impacts not avoided or mitigated from proposed stipulations and required operating procedures. In addition, there is potential for adverse impacts to subsistence users and resources if land along the TAPS corridor is conveyed from federal management, The final EIS should include an environmentally protective strategy for managing off-road vehicles, with particular attention to sensitive wetlands and streams. Rating EC2. EIS No. 20050203, ERP No. D-NPS-L65486-WA, Mountain Lake Fisheries Management Plan for the North Cascades National Service Complex, Implementation, North Cascades National Park, Whatcom, Skagit and Chelan Counties, WA. Summary: EPA supports the goals of the project, but expressed environmental concerns about the long-term impacts on plankton, macroinvertebrates and amphibians. Rating EC1. EIS No. 20050260, ERP No. D-AFS-L65490-AK, Scott Peak Project Area, Harvesting Timber and Development of Road Management, Tongrass National Forest, Petersburg Ranger District, Northeast of Kupreanof Island, AK. Summary: EPA expressed environmental concerns about impacts to water quality from landslides and potential impacts from cumulative impacts of future sales in the area. Rating EC1.

Pursuant to section 122(i) 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 Section 122 Administrative Agreement and Order on Consent for removal activities the Anniston Lead and Anniston PCB Superfund Sites, which includes a de minimis settlement under section 122(g)(4) of CERCLA for the Anniston PCB Superfund Site. The proposed Section 122 Administrative Agreement and Order on Consent also includes an agreement for recovery of past response costs for the Anniston Lead Superfund Site, and for the recovery of future response costs for the Anniston Lead and Anniston PCB Superfund Sites. The following parties have returned signature pages accepting EPA's offer of the proposed Section 122 Administrative Agreement and Order on Consent: DH Industries, L.L.C.; FMC Corporation, for itself and as the successor to Kilby Steel Company, Inc., and for FMC Technologies, Inc.; Huron Valley Steel Corporation; McWane, Inc. for itself and as the successor by merger with Ransom Industries, L.P.; MeadWestvaco Corporation; MRC Holdings, Inc.; MW Custom Papers, L.L.C.; Phelps Dodge Industries, Inc.; United Defense, L.P.; United States Pipe and Foundry Company, Inc.; and Walter Industries, Inc. EPA will consider public comments on the proposed Section 122 Administrative Agreement and Order on Consent until October 3, 2005. EPA may withhold consent from, or seek to modify, all or part of the proposed Section 122 Administrative Agreement and Order on Consent if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. The proposed settlement can be viewed at www.epa.gov/region4/waste/annistonall.htm and copies are available from: Ms. Paula V. Batchelor, U.S. Environmental Protection Agency; Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, Atlanta, Georgia 30303, (404) 562-8887, Batchelor.Paula@epa.gov. Written comments may be submitted to Mr. Michael Sparks at the above address within 30 days of the date of publication.

On July 7, 2005, the Environmental Protection Agency (EPA), Region 2, published a direct final deletion (70 FR 129) to delete the Jones Sanitation Superfund Site (Site), located in Hyde Park, New York, from the National Priorities List (NPL). The EPA is withdrawing this final action due to adverse comments received during the public comment period. After consideration of the comments received, if appropriate, EPA will publish a notice of deletion in the Federal Register based on the parallel notice of proposed deletion (70 FR 129) dated July 7, 2005 and place a copy of the final deletion package, including a Responsiveness Summary in the Site repositories.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Mobile Sources Technical Review Subcommittee (MSTRS) will meet in September 2005. This is an open meeting. The meeting will include updates on workgroup activities, a discussion of the recommendations made by the National Academy of Sciences regarding mobile source air pollution control, and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. The preliminary agenda for the meeting, as well as the minutes from the previous (March 2005) meeting will be posted on the Subcommittee's Web site: https://www.epa.gov/air/caaac/ mobilesources.html. MSTRS listserver subscribers will receive notification when the agenda is available on the Subcommittee Web site. To subscribe to the MSTRS listserver, go to https://lists.epa.gov/cgi- bin/lyris.pl?enter=mstrs. The site contains instructions and prompts for subscribing to the listserver service.

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 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.

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 August 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.

The EPA is proposing to grant a petition submitted by Saturn Corporation (Saturn) to exclude or ``delist'' wastewater treatment plant (WWTP) sludge generated from conversion coating on aluminum at Saturn's integrated automotive assembly facility located at 100 Saturn Parkway in Spring Hill, Tennessee, from the requirements of the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). This exclusion would be valid only when the sludge is disposed of in a Subtitle D landfill that is permitted, licensed, or registered by a state to manage industrial solid waste. The EPA used the Delisting Risk Assessment Software (DRAS) in the evaluation of the potential impact of the petitioned waste on human health and the environment. The EPA bases its proposed decision to grant the petition based on an evaluation of waste-specific information provided by Saturn. This proposed decision, if finalized, conditionally excludes the petitioned waste from the requirements of the RCRA hazardous waste regulations. If finalized, the EPA would conclude that Saturn's petitioned waste is nonhazardous with respect to the original listing criteria and that there are no other factors that would cause the waste to be hazardous.

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 August 31, 2005. This ICR describes the nature of the information collection and its estimated burden and cost.

This regulation establishes four exemptions from the requirement of a tolerance for residues of lactic acid, 2-ethylhexyl ester or ethylhexyl lactate when used as an inert ingredient (solvent) in or on growing crops, when applied to raw agricultural commodities after harvest, or to animals. Purac America, Inc. 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 lactic acid, 2-ethylhexyl ester.

By this action, EPA is soliciting comments, data and information for determining how to calculate the reductions in volatile organic compounds (VOC) emissions achieved in ozone nonattainment and maintenance areas from the implementation of rules which limit the VOC content of architectural coatings (commonly referred to as architectural industrial maintenance, or AIM, coatings). In addition to submitting comments, data and information, interested parties may also request to meet with EPA to present their recommended approaches and rationales.

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 ICR is scheduled to expire on August 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. The ICR describes the nature of the information collection and its estimated burden and cost.

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the Environmental Technology Subcommittee of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice and recommendations to the Administrator of EPA on a broad range of environmental policy, technology, and management issues. The Environmental Technology Subcommittee was formed to assist EPA in evaluating its current and potential role in the development and commercialization of environmental technologies by suggesting how to optimize existing EPA programs to facilitate the development of sustainable private sector technologies, and by suggesting alternative approaches to achieving these goals. The purpose of the meeting is to continue the Subcommittee's consideration of these issues. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/nacept/cal- nacept.htm.