Environmental Protection Agency 2005 – Federal Register Recent Federal Regulation Documents

This notice announces the availability of data and information concerning dossiers (or proposals) for the addition of hexachlorobutadiene, octabromo diphenyl ether (octaBDE), pentachlorobenzene, polychlorinated napthalenes, short-chain chlorinated parrafins (SCCPs), dicofol, pentabromodiphenyl ether (PeDBE), and perfluorooctane sulfonate (PFOS) as persistent organic pollutants (POPs) submitted to the Secretariat of the 1998 Aarhus POPs Protocol Under the Long-Range Transboundary Air Pollution (LRTAP) Convention of the UNECE. We are issuing this NODA to alert interested and potentially affected parties of these proposals; to announce the substances proposed for inclusion in the Protocol; to provide the Web site where these proposals may be reviewed; to provide the addresses where comments or information may be submitted; and to provide the deadline for submitting comments and information. We are also issuing the NODA to solicit names and contact information for those parties who would like to be notified when proposals under the Aarhus POPs Protocol occur.

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 November 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.

This notice announces the availability of EPA's human health risk assessment, and related documents for the chloroacetanilide pesticide acetochlor, and opens a public comment period on these documents. EPA is developing a tolerance reassessment progress and risk management decision (TRED) for acetochlor 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.

EPA is proposing to make a determination that the Vigo County ozone nonattainment area has attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). This proposed determination is 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 area. EPA is proposing to approve a request from the State of Indiana to redesignate Vigo County to attainment of the 8-hour ozone NAAQS. This request was submitted by the Indiana Department of Environmental Management (IDEM) on July 5, 2005 and supplemented on October 20, 2005 and November 4, 2005. In proposing to approve this request, EPA is also proposing to approve the State's plan for maintaining the 8-hour ozone NAAQS in this area through 2015 as a revision to the Indiana State Implementation Plan (SIP). EPA is also finding adequate and is proposing to approve the State's 2015 Motor Vehicle Emission Budgets (MVEBs) for this area.

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 January 31, 2006. 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 November 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.

The EPA Science Advisory Board (SAB) Staff Office announces a public meeting of the chartered SAB.

Michigan has applied to the EPA for final authorization of the changes to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and is proposing to authorize the state's changes through this proposed final action.

This notice announces receipt of an application to register a pesticide product containing a new active ingredient not included in any previously registered product pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

EPA is taking direct final action to approve revisions to the Imperial County Air Pollution Control District (ICAPCD) and Santa Barbara County Air Pollution Control District (SBCAPCD) portions of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are approving local rules that are administrative and address changes for clarity and consistency.

This notice announces the availability of EPA's risk assessments and related documents for the synthetic pyrethroid pesticide resmethrin, 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 resmethrin 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.

In this notice, EPA is notifying the public that EPA has found that the motor vehicle emissions budgets in the Vigo County, Indiana 8- hour ozone redesignation request and maintenance plan are adequate for conformity purposes. On March 2, 1999, the DC Circuit Court ruled that submitted State Implementation Plans (SIPs) cannot be used for conformity determinations until EPA has affirmatively found them adequate. As a result of our finding, Vigo County can use the motor vehicle emissions budgets from the submitted 8-hour ozone redesignation request and maintenance plan for future conformity determinations. These budgets are effective December 7, 2005. The finding and the response to comments will be available at EPA's conformity Web site: https://www.epa.gov/otaq/transp.htm, (once there, click on the ``Conformity'' button, then look for ``Adequacy Review of SIP Submissions for Conformity'').

The EPA is announcing a public hearing to be held on December 9, 2005 and an extension of the public comment period on our proposed changes to the New Source Review (NSR) permitting program at 70 FR 61081. (October 20, 2005). The proposed changes would revise the emissions test for existing electric generating units (EGUs) that are subject to the regulations governing the Prevention of Significant Deterioration and nonattainment major NSR programs mandated by parts C and D of title I of the Clean Air Act (CAA). We also solicited comment on a proposed revised emissions test under the New Source Performance Standards (NSPS) regulations. The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning these proposed changes. The EPA is also extending the public comment period from December 19, 2005 to February 17, 2006. The EPA is holding the public hearing and extending the public comment period by 60 days because of the number of requests we received in a timely manner.

The highway diesel fuel sulfur program, finalized in 2001, is resulting in the nationwide transition in 2006 of most diesel fuel from low-sulfur diesel (LSD) to ultra-low sulfur diesel (ULSD). Some in the diesel fuel production and distribution industries have indicated that they may be unable to complete the transition to ULSD by the current deadlines at the very furthest reaches the distribution system. In response, today's proposed action would make limited changes to the transition provisions for entities in the highway diesel distribution system. These proposed changes finely balance the concerns of the fuel industry with the critical need for ULSD to be available for 2007 diesel vehicles and engines. The impacts of the recent hurricanes along the Gulf Coast of the U.S. are not a contributing factor in today's proposed action, and there would be no change in the June 1, 2006 start date for refiners to be producing ULSD (15 ppm sulfur). We propose to extend the ULSD implementation dates for terminals and retail outlets by 45 days. Thus, terminals would have until September 1, 2006 (vs. July 15) and retailers would have until October 15, 2006 (vs. September 1) to complete their transitions to ULSD. We also propose that downstream of the refinery fuel slightly higher than 15 ppm sulfur could temporarily be sold as ULSD. In addition, we propose to extend the beginning of the restriction on how much ULSD can be downgraded to higher sulfur fuel by 15 days, to October 15, 2006 to be consistent with the end of the proposed new transition dates. The rule also includes proposed corrections to the recordkeeping and reporting requirements under the highway diesel and also proposes several minor amendments to the highway diesel sulfur, nonroad diesel sulfur, and gasoline sulfur programs to correct errors or omissions in the regulations.

The California Air Resources Board (CARB) has notified EPA that it has approved amendments to its on-highway motorcycle and motorcycle engine for 2004 and subsequent model years. CARB requests that EPA confirm CARB's findings that its amendments are within-the- scope of previous waivers issued by EPA under section 209(b) of the Clean Air Act (Act), 42 U.S.C. 7543(b).

Through this action, the Environmental Protection Agency is requesting applications for essential use allowances for calendar years 2007 and 2008. Essential use allowances provide exemptions to the production and import phaseout of ozone-depleting substances and must be authorized by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. The U.S. Government will use the applications received in response to this notice as the basis for its nomination of essential use allowances at the Eighteenth Meeting of the Parties to the Montreal Protocol on substances that Deplete the Ozone Layer (the Protocol), to be held in 2006.

The EPA is extending the expiration date from January 1, 2006 to January 1, 2011 for the interim authorization under the Resource Conservation and Recovery Act, of the Massachusetts program for regulating Cathode Ray Tubes (``CRTs''). Massachusetts was granted interim authorization to assume the responsibility under the Toxicity Characteristics Rule (``TC Rule'') for regulating CRTs, on November 15, 2000 with an expiration date of January 1, 2003. This expiration date was subsequently extended until January 1, 2006. As this interim authorization is soon due to expire, an extension is needed for the reasons explained below. EPA is publishing this rule to authorize the extension without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we get written comments which oppose this extension during the comment period, the decision to extend the interim authorization will take effect. If we get comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect and the separate document in the proposed rules section of this Federal Register will serve as the proposal to authorize the changes.

The U.S. Environmental Protection Agency invites nominations of qualified candidates to be considered for appointments to fill specific vacancies on the Children's Health Protection Advisory Committee (CHPAC). Nominations are sought in the following two areas: Experience relating to children's environmental health on Tribal lands and experience with children's environmental health in public health nursing. In addition to this notice other avenues may be used to identify potential candidates. Deadline for receiving nominations is Friday, December 2, 2005. Please submit a resume or curriculum vitae with each nomination via mail or e-mail to the addresses below. Appointments will be made by the Administrator of the Environmental Protection Agency.

On or about November 14, 2005, the Office of Air Quality Planning and Standards (OAQPS) of EPA will make available for public review and comment a draft document, Review of the National Ambient Air Quality Standards for Ozone: Policy Assessment of Scientific and Technical Information (Draft Staff Paper). The purpose of the Staff Paper is to evaluate the policy implications of the key scientific and technical information contained in a related EPA document, Air Quality Criteria for Ozone and Related Photochemical Oxidants, required under sections 108 and 109 of the Clean Air Act (CAA) for use in the periodic review of the national ambient air quality standards (NAAQS) for ozone. The OAQPS also will make available for public review and comment related draft technical support documents, Ozone Population Exposure Analysis for Selected Urban Areas (draft Exposure Analysis) and Ozone Health Risk Assessment for Selected Urban Areas (draft Risk Assessment).

In this action, we are amending the existing United States regulations governing the exhaust emissions from new commercial aircraft gas turbine engines. Under the authority of section 231 of the Clean Air Act (CAA), 42 U.S.C. 7571, the Environmental Protection Agency (EPA) is establishing new emission standards for oxides of nitrogen (NOX) for newly certified commercial aircraft gas turbine engines with rated thrust greater than 26.7 kilonewtons (kN). This action adopts standards equivalent to the NOX standards of the United Nations International Civil Aviation Organization (ICAO), and thereby brings the United States emission standards into alignment with the internationally adopted standards (ICAO standards for newly certified engines were effective beginning in 2004). In addition, today's action amends the test procedures for gaseous exhaust emissions to correspond to recent amendments to the ICAO test procedures for these emissions. On December 19, 2005, the new NOX standards will apply to newly certified gas turbine enginesthose engines designed and certified after the effective date of the regulations (for purposes of this action, the date of manufacture of the first individual production model means the date of type certification). Newly manufactured engines of already certified models (i.e., those individual engines that are part of an already certified engine model, but are built after the effective date of the regulations for such engines and have never been in service) will not have to meet these standards. Today's amendments to the emission test procedures are those recommended by ICAO and are widely used by the aircraft engine industry. Thus, today's action will help establish consistency between U.S. and international standards, requirements, and test procedures. Since aircraft and aircraft engines are international commodities, there is commercial benefit to consistency between U.S. and international emission standards and control program requirements. In addition, today's action ensures that domestic commercial aircraft meet the current international standards, and thus, the public can be assured they are receiving the air quality benefits of the international standards.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference and face-to-face meeting of the SAB Radiation Advisory Committee (RAC) RadNet Review Panel of the SAB to discuss the Office of Radiation and Indoor Air (ORIA) draft report ``Expansion and Upgrade of the RadNet Air Monitoring Network,'' (Vols. 1 & 2), dated October 2005. The RAC will also receive a program update and briefings.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. This SIP revision is Maryland's attainment plan for the Metropolitan Washington, DC severe 1-hour ozone nonattainment area (the Washington area). EPA previously disapproved in part a 1-hour ozone attainment plan for the Maryland portion of the Washington area and issued a protective finding. This approval lifts the protective finding. EPA is also now determining that Maryland has submitted all required elements of a severe-area 1-hour ozone attainment demonstration and is thus stopping the sanctions and FIP clocks that were started through a finding that the State of Maryland had failed to submit one of the required elements of a severe-area 1- hour attainment plan. The intended effect of this action is to approve Maryland's 1-hour ozone attainment plan for the Washington area and determine that Maryland now has a fully-approved 1-hour attainment plan and thus to turn off the sanctions and FIP clocks started based on a finding that one element of the plan was missing and to lift the protective finding that was issued when EPA disapproved Maryland's earlier plan in part. These final actions are being taken under the Clean Air Act (CAA or the Act).

On August 25, 2005, the State of Indiana, through the Indiana Department of Environmental Management (IDEM), submitted: a request for EPA approval of a redesignation of Delaware County to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS); and a request for EPA approval of an Indiana State Implementation Plan (SIP) revision containing a 10-year ozone maintenance plan for Delaware County. EPA is approving the State's requests. EPA's approval of the redesignation request is based on the determination that Delaware County and the State of Indiana have met the criteria for redesignation to attainment specified in the Clean Air Act (CAA), including the determination that Delaware County has attained the 8-hour ozone standard. In conjunction with the approval of the redesignation request for Delaware County, EPA is approving the State's plan to maintain the attainment of the 8-hour ozone NAAQS through 2015 in this area as a revision to the Indiana SIP. EPA is also approving the 2015 Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Motor Vehicle Emissions Budgets (MVEBs) for this area, as defined in the ozone maintenance plan, for purposes of transportation conformity.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide thidiazuron, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the thidiazuron docket. Thidiazuron is registered for use as a pre-harvest cotton defoliant or growth regulator. It removes green leaves and immature fruiting structures, which contribute to cotton staining. EPA has reviewed thidiazuron 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.