Environmental Protection Agency January 2006 – Federal Register Recent Federal Regulation Documents

On November 1, 2005, at 70 FR 65838, EPA published a document concerning the Nashville, Tennessee area's second 10-year maintenance plan for the 1-hour ozone national ambient air quality standard. The new 2016 motor vehicle emissions budgets (MVEBs) were incorrectly stated in one location in the publication. This document corrects this incorrect reference.

This notice announces the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of a tolerance for residues of C10-11 rich aromatic hydrocarbon fluid (Aromatic 150 Fluid) in or on food commodities when used as an inert ingredient in pesticide products.

EPA's Office of Pesticide Programs will hold a public meeting on February 22, 2006. This notice announces the location and times for the meeting, and sets forth the tentative agenda topics. The focus of the meeting is to inform the public about aspects of EPA's Endangered Species Protection Program field implementation, including EPA's overall approach to field implementation, under what circumstances EPA will be employing this approach, the responsibilities of the public, and the roles of other government agencies. The meeting will also provide an opportunity for the public to ask specific questions and receive answers.

The U.S. Environmental Protection Agency (EPA) Region 5 is proposing to approve a modification to Wisconsin'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.

On September 21, 2005, EPA published a notice of intent to delete (70 FR 55329) and a direct final notice of deletion (70 FR 55296) for a portion of the Tar Lake Superfund Site from the National Priorities List. The EPA is publishing this Technical Correction to the direct final notice of deletion due to errors that were published in Appendix B in direct final Notice of Deletion. After review of the direct final Notice of Deletion, EPA is publishing today this Technical Correction to change the word `` removing'' to the word ``revising'' and the location of the site from the township ``Mancelona, Michigan,'' to the ``Mancelona Township, Michigan.'' EPA will place a copy of the final deletion package in the site repositories.

EPA is granting Ohio Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The agency published a proposed rule on August 11, 2005 at 70 FR 46799 and provided for public comment. The public comment period ended on September 12, 2005. We received no comments. No further opportunity for comment will be provided. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization.

EPA is proposing to approve Texas State Implementation Plan (SIP) revisions. The revisions pertain to regulations to control VOC emissions from VOC transfer operations and solvent using processes. The revisions allow use of gasoline vapor recovery systems approved by Texas, and add new requirements to control VOC emissions from motor vehicle fuel dispensing facilities and surface coating facilities in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties. These counties are part of the DFW 8-hour ozone standard nonattainment area. The revisions also amend regulations on use of cleaning solvents. We are proposing to approve the revisions pursuant to sections 110, 116 and part D of the Federal Clean Air Act (CAA). The control of VOC emissions will help to attain and maintain the 8-hour national ambient air quality standard (NAAQS) for ozone in Texas. Approval will make the revised regulations Federally enforceable.

This notice announces the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of a tolerance for the microbial pesticide Bacillus mycoides isolate J in or on sugar beets.

This notice announces the initial filing of a pesticide petition for an amendment to an existing tolerance in 40 CFR 180.570 for residues of isoxadifen-ethyl (ethyl 5,5-diphenyl-2-isoxazoline-3- carboxylate), (CAS Reg. No. 163520-33-0) in or on food commodities when used as an inert ingredient in pesticide products.

This notice announces the initial filing of a pesticide petition proposing to amend 40 CFR 180.476 by establishing tolerances for the combined residues of the fungicide triflumizole and its metabolites containing the 4-chloro-2-trifluoromethylaniline moiety in or on the food commodity filberts.

This notice announces the initial filing of a pesticide petition proposing to amend 40 CFR 180.598 by establishing tolerances for residues of the insecticide novaluron (1-[3-chloro-4-(1,1,2- trifluoro-2-trifluoromethoxyethoxy)phenyl]-3-[2,6-difluoroben zoyl]urea) in or on the food commodities Brassica vegetables, head and stem (Subgroup 5A).

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 December 8, 2005 to December 31, 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 publishes EPA's national guidelines for the award of base grants and EPA's Request for Proposals (RFP) for the award of supplemental funding in the form of competitive grants under the Clean Water Act (CWA) section 319(h) nonpoint source (NPS) grants program to Indian Tribes in FY 2006. Section 319 of the CWA authorizes EPA to award grants to eligible Tribes for the purpose of assisting them in implementing approved NPS management programs developed pursuant to section 319(b). The primary goal of the NPS management program is to control NPS pollution through implementation of management measures and practices to reduce pollutant loadings resulting from each category or subcategory of NPSs identified in the Tribe's NPS assessment report developed pursuant to section 319(a). EPA intends to award a total of $7,000,000 to eligible Tribes which have approved NPS assessments and management programs and ``treatment-as-a-state'' (TAS) status as of October 14, 2005. EPA expects the allocation of funds will be similar to the amount distributed in FY 2005, which included approximately $2.8 million in base grants awarded to 84 Tribes and $4.2 million awarded to 31 Tribes through a competitive process. Section A includes EPA's national guidelines which govern the process for awarding base grants to all eligible Tribes, and section B is the national RFP for awarding the remaining funds on a competitive basis.

EPA has authorized grantee organizations under the Senior Environmental Employment (SEE) Program, and their enrollees; access to information which has been submitted to EPA under the environmental statutes administered by the Agency. Some of this information may be claimed or determined to be confidential business information (CBI).

On April 2, 2004 (69 FR 17531), EPA issued a notice of proposed rulemaking (NPRM) to propose procedures to be used by manufacturers of light-duty vehicles, light-duty trucks and heavy-duty vehicles to demonstrate, for purposes of emission certification, that new motor vehicles will comply with EPA emissions standards throughout their useful lives. The NPRM proposed emissions certification durability procedures to be used by manufacturers to demonstrate the expected rate of deterioration of the emission levels of their vehicles. The Agency received several comments concerning the component durability portion of the durability process. Options for addressing component durability were not discussed in the April 2004 proposal, and EPA believes it is appropriate to address component durability in a supplemental proposal. Therefore, EPA is issuing this action to request comments on three options for addressing component durability during the vehicle emissions certification process.

EPA is proposing to approve updates for delegation of certain federal standards to state and local agencies in Region IX for delegation of New Source Performance Standards (NSPS), and National Emission Standards for Hazardous Air Pollutants (NESHAPs). This document is addressing general authorities mentioned in the regulations for NSPS and NESHAPs, proposing to update the delegations tables and clarifying those authorities that are retained by EPA.

Based on its review of the air quality criteria and national ambient air quality standards (NAAQS) for particulate matter (PM), EPA proposes to make revisions to the primary and secondary NAAQS for PM to provide requisite protection of public health and welfare, respectively, and to make corresponding revisions in monitoring reference methods and data handling conventions for PM. With regard to primary standards for fine particles (particles generally less than or equal to 2.5 micrometers ([mu]m) in diameter, PM2.5), EPA proposes to revise the level of the 24-hour PM2.5 standard to 35 micrograms per cubic meter ([mu]g/ m3), providing increased protection against health effects associated with short-term exposure (including premature mortality and increased hospital admissions and emergency room visits) and to retain the level of the annual PM2.5 standard at 15 [mu]g/ m3, continuing protection against health effects associated with long-term exposure (including premature mortality and development of chronic respiratory disease). The EPA solicits comment on alternative levels of the 24-hour PM2.5 standard (down to 25 [mu]g/m3 and up to 65 [mu]g/m3) and the annual PM2.5 standard (down to 12 [mu]g/m3), and on alternative approaches for selecting the standard levels. With regard to primary standards for particles generally less than or equal to 10 [mu]m in diameter (PM10), EPA proposes to revise the 24-hour PM10 standard in part by establishing a new indicator for thoracic coarse particles (particles generally between 2.5 and 10 [mu]m in diameter, PM10-2.5), qualified so as to include any ambient mix of PM10-2.5 that is dominated by resuspended dust from high-density traffic on paved roads and PM generated by industrial sources and construction sources, and excludes any ambient mix of PM10-2.5 that is dominated by rural windblown dust and soils and PM generated by agricultural and mining sources. The EPA proposes to set the new PM10-2.5 standard at a level of 70 [mu]g/m3, continuing to provide a generally equivalent level of protection against health effects associated with short-term exposure (including hospital admissions for cardiopulmonary diseases, increased respiratory symptoms and possibly premature mortality). Also, EPA proposes to revoke, upon finalization of a primary 24-hour standard for PM10-2.5, the current 24- hour PM10 standard in all areas of the country except in areas where there is at least one monitor located in an urbanized area (as defined by the U.S. Bureau of the Census) with a minimum population of 100,000 that violates the current 24-hour PM10 standard based on the most recent three years of data. In addition, EPA proposes to revoke the current annual PM10 standard upon promulgation of this rule. The EPA solicits comment on alternative approaches for selecting the level of a 24-hour PM10-2.5 standard, on alternative approaches based on retaining the current 24-hour PM10 standard, and on revoking and not replacing the 24-hour PM10 standard. With regard to secondary PM standards, EPA proposes to revise the current standards by making them identical to the suite of proposed primary standards for fine and coarse particles, providing protection against PM-related public welfare effects including visibility impairment, effects on vegetation and ecosystems, and materials damage and soiling. Also, EPA solicits comment on adding a new sub-daily PM2.5 standard to address visibility impairment.

EPA expressed environmental concerns about the potential for impacts to aquatic and terrestrial resources, and identified the need for additional information on monitoring and mitigation. Rating EC2.

EPA published a document in the Federal Register on December 30, 2005 which announced an upcoming meeting of the Ozone Transport Commission (OTC) in Washington, DC. The document contained incorrect meeting dates.

In accordance with 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 eight proposed administrative settlements for recovery of past response costs concerning the New Buffalo site in New Buffalo, Michigan, with the following settling parties: Bechstein Construction Company; Champion Environmental Services, Inc.; Community School District 200; Lee County Housing Authority; Loyola University of Chicago; Loyola University Medical Center; North Central College; and Northern Illinois University. The settlements with Community School District 200, Lee County Housing Authority, Loyola University of Chicago, Loyola University Medical Center, North Central College, and Northern Illinois University require each of the settling parties to pay $3,000 to the Hazardous Substance Superfund. The settlement with Bechstein Construction Company requires it to pay $4,000 to the Hazardous Substance Superfund. The settlement with Champion Environmental Services, Inc., requires it to pay $5,000 to the Hazardous Substance Superfund. Each settlement includes a covenant not to sue the settling party under section 107(a) of CERCLA, 42 U.S.C. 9607(a), and provides the settling party with protection from contribution actions or claims as provided by sections 113(f) and 112(h)(4) of CERCLA, 42 U.S.C. 9613(f) and 9622(h)(4), for past response costs at the site. For 30 days following the date of publication of this notice, the Agency will receive written comments relating to the settlements. The Agency will consider all comments received and may modify or withdraw its consent to any of the settlements if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at U.S. EPA's Region 5 Office at 77 West Jackson Boulevard, Chicago, Illinois 60604 and the New Buffalo Township Public Library, 33 North Thompson Street, New Buffalo, Michigan 49117.

In compliance with the Paperwork Reduction Act (44 U.S.C. 30501 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 December 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 Report of the Food Quality Protection Act (FQPA) Tolerance Reassessment Progress and Risk Management Decision, known as a TRED, for the fungicide bitertanol, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide bitertanol through a modified, streamlined version of the public participation process that the Agency uses to involve the public in developing pesticide tolerance reassessment and reregistration decisions. Through the tolerance reassessment program, EPA is ensuring that all pesticides meet current health and food safety standards.

The Environmental Protection Agency (EPA) established the CAAAC on November 19, 1990, to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises on economic, environmental, technical, scientific, and enforcement policy issues. Open Meeting Notice: Open Meeting Notice: Pursuant to 5 U.S.C. App.2 section 10(a)(2), notice is hereby given that the Air Quality Management subcommittee to the Clean Air Act Advisory Committee will hold its next open meeting on Tuesday, January 24 and Wednesday, January 25, 2006 from approximately 8 a.m. to 5 p.m. at the EPA Region 6 Office at 1445 Ross Avenue, Dallas, Texas. Any member of the public who wishes to submit written or brief oral comments; or who wants further information concerning this meeting should follow the procedures outlined in the section below titled ``Providing Oral or Written Comments at this Meeting''. Seating will be limited and available on a first come, first served basis. Because of security measures at the EPA Office, members of the public wishing to attend this meeting must contact Mr. Jeffrey Whitlow, Office of Air and Radiation, U.S. EPA (919) 541-5523, Fax (919) 685-3307 or by mail at U.S. EPA, Office of Quality Planning and Standards (Mail code C 439- 04), 109 T.W. Alexander Drive, Research Triangle Park, NC 27711 or by email at: whitlow.jeff@epa.gov by noon Eastern Time on January 19, 2006. For information on access or services for individuals with disabilities, please contact Mr. Jeffrey Whitlow at 919-541-5523 or whitlow.jeff@epa.gov. To request accommodation of a disability, please contact Mr. Whitlow, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Inspection of Committee Documents: The subcommittee agenda and any documents prepared for the meeting will be sent to participants via e- mail prior to the start of the meeting. Thereafter, these documents, together with the meeting minutes, will be available by contacting the Office of Air and Radiation Docket and requesting information under docket OAR-2004-0075 and can be found on the CAAAC Web site: https:// www.epa.gov/air/caaac. The Docket office can be reached by telephoning (202) 260-7548; FAX (202) 260-4400.

EPA is granting conditional approval of a State Implementation Plan (SIP) revision submitted by the State of West Virginia. This revision establishes and requires NOX emission reductions from large, stationary internal combustion engines in the State to meet Phase II of the NOX SIP Call. Because the revision was adopted by West Virginia under its emergency rules provisions and has a sunset date, this approval is conditioned on West Virginia Department of Environmental Protection (WVDEP) adopting a permanent rule with an effective date prior to the sunset date of the emergency rule, and submitting the permanent rule as a SIP revision to EPA by July 1, 2006. WVDEP is in the process of adopting its permanent version of the rule and has submitted a written commitment to EPA stating it will meet all of these conditions. The intended effect of this action is to grant conditional approval of West Virginia's rule to meet its remaining emission reduction obligations under the NOX SIP Call.