Environmental Protection Agency 2005 – Federal Register Recent Federal Regulation Documents

The Toxic Substances Control Act (TSCA) Interagency Testing Committee (ITC) transmitted its Fifty-Seventh Report to the Administrator of EPA on November 22, 2005. In the 57th ITC Report, which is included with this notice, there are no changes to the TSCA section 4(e) Priority Testing List published in the 56th ITC Report in the Federal Register of October 24, 2005. As stated in the 56th ITC Report, it was the ITC's intention to provide in this 57th ITC Report a data-availability study of the high production volume (HPV) chemicals in the 2002 Inventory Update Rule (IUR). The study of the HPV chemicals in the 2002 IUR may be made available after the ITC has had an opportunity to review comments received on the study of the HPV chemicals described in the 56th ITC Report. In addition, the ITC needs additional time to review information submitted from the International Tungsten Industry Association, the Indium Corporation of America, and the Vanadium Producers and Reclaimers Association, as well as data on tungsten, indium, and vanadium compounds submitted in response to TSCA section 8(a) Preliminary Assessment Information Reporting (PAIR) rules.

EPA is approving 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 City of Fredericksburg, Spotsylvania County, and Stafford County (the Fredericksburg area) be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the Commonwealth submitted a SIP revision consisting of a maintenance plan for the Fredericksburg area that provides for continued attainment of the 8-hour ozone NAAQS for the next 10 years. EPA is also approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the 8-hour maintenance plan for the Fredericksburg area for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request and the maintenance plan revision to the Virginia SIP in accordance with the requirements of the CAA.

In compliance with the Paperwork Reduction Act (PRA) (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. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

This notice announces that, on October 13, 2005, the Environmental Protection Agency (EPA), Region 5, issued a Prevention of Significant Deterioration (PSD) permit to Great Lakes Band Corporate Commission (Grand Casino Mille Lacs). This permit authorizes the company to change the method of operation of the three existing diesel- fired engine-generator sets (generators) to provide peak load management and back-up power to the Grand Casino Resort and Hotel (the Facility). The Facility is located on land that is held in trust for the Mille Lacs Band of Ojibwe Indians in Mille Lacs County, Minnesota.

This notice announces the initial filing of a pesticide petition proposing the amendment of a regulation for residues of the antimicrobial and/or fungicide copper sulfate pentahydrate in or on various food and feed commodities.

This notice announces the initial filing of a pesticide petition proposing the amendment of regulations in 40 CFR 180.473(d) for the indirect or inadvertent residues of the herbicide glufosinate- ammonium (butanoic acid, 2-amino-4-(hydroxymethylphosphinyl)-, monoammonium salt) and its metabolite, 3-methylphosphinicopropionic acid expressed as2-amino-4-(hydroxymethylphosphinyl)butanoic acid equivalents in or on forage, hay, and straw of small grains (Crop Group 16).

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 consent decree, to address a lawsuit filed by Environmental Defense: Environmental Defense v. EPA, No. C 05-2090 SC (N.D. CA). On June 6, 2005, Environmental Defense filed a complaint alleging that EPA had failed to perform a non-discretionary duty by not granting or denying within 18 months Environmental Defense's Petition asking the Administrator to add diesel engine exhaust to the list of hazardous air pollutants contained in section 112(b)(3) of the Clean Air Act (``CAA''). Under the terms of the proposed consent decree, by June 12, 2006, EPA shall either deny or propose to grant Environmental Defense's petition to list diesel exhaust as a hazardous air pollutant. If EPA proposes to grant the petition, then by May, 2007, EPA shall either grant or deny the petition.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide napropamide, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the napropamide Docket. Napropamide is a pre-emergent herbicide that is used on a number of fruits and vegetables. EPA has reviewed napropamide 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.

This regulation extends time-limited tolerances for the pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These actions are in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA.

EPA proposes to extend certain compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements (40 CFR part 122) and Effluent Limitations Guidelines and Standards (ELGs) (40 CFR part 412) for concentrated animal feeding operations (CAFOs) in conjunction with EPA's efforts to respond to the order issued by the Second Circuit Court of Appeals in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). The purpose of today's proposed rule is to address timing issues associated with the Agency's response to the Waterkeeper decision. This proposal would revise dates established in the 2003 CAFO rule, issued on February 12, 2003, by which facilities newly defined as CAFOs were required to seek permit coverage and by which all CAFOs were required to have nutrient management plans (NMPs) developed and implemented. EPA is proposing to extend the date by which operations defined as CAFOs as of April 14, 2003, who were not defined as CAFOs prior to that date, must seek NPDES permit coverage, from February 13, 2006, to March 30, 2007. EPA is also proposing to amend the date by which operations that become defined as CAFOs after April 14, 2003, due to operational changes that would not have made them a CAFO prior to April 14, 2003, and that are not new sources, must seek NPDES permit coverage, from April 13, 2006, to March 30, 2007. Finally, EPA is proposing to extend the deadline by which CAFOs are required to develop and implement NMPs, from December 31, 2006, to March 30, 2007. This proposal would revise all references to the date by which NMPs must be developed and implemented currently in the 2003 CAFO rule. EPA will also be issuing a proposed rule to revise the 2003 CAFO regulations more broadly in order to address the Second Circuit Court of Appeals decision in a subsequent Federal Register Notice, which the Agency plans to propose for public comment in early 2006.

This final rule exempts refiners, importers, and blenders of gasoline subject to the State of California's Phase 3 reformulated gasoline (CaRFG3) regulations from certain enforcement provisions in the Federal reformulated gasoline (RFG) regulations. We are taking this action because we believe that gasoline complying with the CaRFG3 regulations will provide emissions benefits equivalent to Federal Phase II RFG and because California's compliance and enforcement program will in practice be sufficiently rigorous to assure that the standards are met. Since the Federal RFG program began in 1995, California refiners, importers and blenders have been continuously exempted from certain enforcement-related requirements such as recordkeeping and reporting, and certain sampling and testing requirements. This final rule extends those exemptions, which are applicable to California Phase 2 gasoline, to CaRFG3. It also restores the definition of ``California gasoline'' which was erroneously and accidentally deleted during a prior rulemaking.

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 November 8, 2005 to November 16, 2005, consists of the PMNs and TMEs, both 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.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request for to renew an existing approved collection. This ICR is scheduled to expire on June 30, 2006. 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.

The EPA is extending the comment period a second time for an advanced notice of proposed rulemaking (ANPR) published on August 31, 2005 (70 FR 51694). The first extension of comment period published in the Federal Register on October 13, 2005 (70 FR 59680). In the August 31, 2005, document, EPA solicited comments, data and information for determining how to calculate the reduction 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. Pursuant to requests of the Ozone Transport Commission and the California Air Resources Board and to allow more time in general, EPA is extending the comment period an additional 60 days to February 16, 2006.

EPA proposes to approve revisions to the State Implementation Plan (SIP) submitted by the state of Iowa. These revisions include the general rulemaking that Iowa completes for the purpose of updating various rules, making clarifications and other minor revisions. EPA is also proposing approval of revisions to the Iowa Operating Permits Program for the purpose of updating and clarifying various rules included in the general rulemaking. These revisions add new definitions, as well as an administrative correction to a previously submitted rule. Approval of these revisions will ensure consistency between the state and Federally-approved rules, and ensure Federal enforceability of the State's revised air program rules.

The Environmental Protection Agency (EPA) announces a partially closed consultation of the HSAC.

The Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 to 6992k (RCRA), allows EPA to authorize State hazardous waste management programs if EPA finds that such programs are equivalent to and consistent with the Federal program and provide adequate enforcement of compliance. Title 40 of the Code of Federal Regulations (CFR) part 272 is used by EPA to codify its decision to authorize individual State programs and incorporates by reference those provisions of the State statutes and regulations that are subject to EPA's inspection and enforcement authorities as authorized provisions of the State's program. This rule proposes to revise the codification of the Idaho authorized program at 40 CFR part 272, subpart N.

EPA is amending the list of hazardous air pollutants (HAP) contained in section 112 of the Clean Air Act (CAA) by removing the compound methyl ethyl ketone (MEK) (2-Butanone) (CAS No. 78-93-3). This action is being taken in response to a petition submitted by the Ketones Panel of the American Chemistry Council (formerly the Chemical Manufacturers Association) on behalf of MEK producers and consumers to delete MEK from the HAP list. Petitions to remove a substance from the HAP list are permitted under section 112 of the CAA. Based on the available information concerning the potential hazards of and projected exposures to MEK, EPA has made a determination pursuant to CAA section 112(b)(3)(C) that there are ``adequate data on the health and environmental effects [of MEK] to determine that emissions, ambient concentrations, bioaccumulation, or deposition of the substance may not reasonably be anticipated to cause adverse effects to human health or adverse environmental effects.''

EPA is taking direct final action on amendments to the national emissions standards for hazardous air pollutants (NESHAP) for hazardous waste combustors which were issued October 12, 2005, under section 112 of the Clean Air Act. In that rule, we inadvertently included three new or revised bag leak detection system requirements for Phase I sourcesincinerators, cement kilns, and lightweight aggregate kilnsamong implementation requirements taking effect on December 12, 2005, rather than, as intended, after three years when the sources begin complying with the revised emission standards under the NESHAP for hazardous waste combustors. We intended to establish the compliance date for these provisions three years after promulgation October 14, 2008because the provisions establish more stringent requirements for Phase I sources, which cannot readily be complied with on short notice, and because these provisions are inextricably tied to the revised emissions standards. We are issuing the amendments as a direct final rule, without prior proposal, because we view the revisions as noncontroversial and anticipate no adverse comments.

The EPA is finalizing permanent exemptions from the title V operating permit program for five categories of nonmajor (area) sources that are subject to national emission standards for hazardous air pollutants (NESHAP). The EPA is making a finding for these categories, consistent with the Clean Air Act requirement for making such exemptions, that compliance with title V permitting requirements is impracticable, infeasible, or unnecessarily burdensome on the source categories. The five source categories are dry cleaners, halogenated solvent degreasers, chrome electroplaters, ethylene oxide (EO) sterilizers and secondary aluminum smelters. The EPA declines to make a finding for a sixth category, area sources subject to the NESHAP for secondary lead smelters. A previous deferral from permitting for this category expired on December 9, 2004, subjecting all such sources to the title V program.

Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency is proposing to enter into a settlement for the partial reimbursement of past response costs concerning the Sadler Drum Superfund Site in Mulberry, Polk County, Florida, with Settling Parties, Hilton Sadler and Diane Sadler.

EPA expressed environmental concerns and requested additional information to be included in the FEIS in the areas of air quality impacts, sediment analysis, dredged material placement for beneficial uses, habitat restoration and mitigation.

There will be a 3-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider the Review of Worker Exposure Assessment Methods.

This regulation establishes time-limited tolerances for combined residues of bifenazate in or on tart cherries and soybeans. This action is in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on tart cherries and soybeans. This regulation establishes maximum permissible levels for residues of bifenazate in these food commodities. The tolerance will expire and is revoked on December 31, 2009.

EPA is promulgating new source performance standards (NSPS) and emission guidelines for new and existing ``other'' solid waste incineration units (OSWI). The final rules for OSWI units fulfill the requirements of sections 111 and 129 of the Clean Air Act (CAA), which require EPA to promulgate NSPS and emission guidelines for solid waste incineration units. The final rules, which address only the incineration of nonhazardous solid wastes, will protect public health by reducing exposure to air pollution.