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

The U.S. Environmental Protection Agency's (EPA) Risk Assessment Forum (RAF) announces the availability of a final report, ``Guidance on Selecting Age Groups for Monitoring and Assessing Childhood Exposures to Environmental Contaminants'' (EPA/630/P-03/003F, November 2005). The purpose of this document is to complement existing EPA guidance and experience to assist Agency risk assessors in improving the accuracy and consistency of children's exposure assessments. The document describes a set of age groupings that can be used and, when necessary, adapted for purposes of designing monitoring studies and conducting risk assessments focused on children.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee's (CASAC) Lead Review Panel (Panel) to conduct a peer review of the Air Quality Criteria for Lead (First External Review Draft), Volumes I and II (EPA/600/R-05/144aA-bA, December 2005).

The EPA recently issued a notice of proposed revisions to the national ambient air quality standards (NAAQS) for particulate matter (PM). EPA will take final action on the proposal by September 27, 2006. This notice provides advance notice of key issues for consideration in the development of potentially new or revised policies and/or regulations to implement revisions to the NAAQS for PM recognizing that no final decision has been made concerning whether or how to revise the PM NAAQS. The EPA is posing a number of questions related to the transition from the current to potentially revised PM2.5 standards, as well as the transition from the current PM10 standards to potentially new PM10-2.5 standards. In this ANPR, EPA is soliciting comment on the Agency's preferred approaches to revocation of the 1997 PM2.5 standards once any new 2006 PM2.5 standards would be in place, and also approaches to revocation of the 24-hour PM10 standard in areas where it would remain after promulgation of any new PM10-2.5 standards. The EPA is also highlighting and providing preliminary thinking on how to address some of the key New Source Review (NSR) issues related to the new PM10-2.5 standards, and the transition from PM10 standards to PM10-2.5 standards. Finally, EPA is requesting comment on potential timeframes for designations, attainment demonstrations and State Implementation Plan (SIP) submittals and attainment dates for both any new PM2.5 and PM10-2.5 standards.

Under the Federal Advisory Committee Act, Public Law 92-463, EPA gives notice of a public teleconference of the National Advisory Council for Environmental Policy and Technology (NACEPT) Environmental Technology Subcommittee. 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 teleconference is being held to discuss any final revisions to the Subcommittee's first report before it is forwarded to the NACEPT Council for review. Due to extending circumstances, this meeting is being scheduled on short notice.

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

EPA is proposing to approve the State of Florida's drinking water regulations for the Interim Enhanced Surface Water Treatment, Long Term 1 Enhanced Surface Water Treatment, Radionuclides, Arsenic, and Filter Backwash Recycling Rules, and Administrative Penalty Authority. EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, EPA intends on approving this State program revision.

EPA's Pesticide Program Dialogue Committee (PPDC), Workgroup on Pesticide Worker Safety Regulations will hold a public meeting on February 27, 2006. An agenda for this meeting is being developed and will be posted on EPA's website at https://www.epa.gov/oppfead1/cb/ppdc/ . The workgroup will provide input and advice on regulatory changes being considered to the Worker Protection Standard (40 CFR part 170) and the Certification of Pesticide Applicators (40 CFR part 171).

EPA is taking direct final action to determine that the Ajo moderate PM10 nonattainment area in Arizona has attained the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10). This determination is based upon monitored air quality data for the PM10 NAAQS during the years 2002-2004. EPA also finds that the Ajo area has continued to attain the PM10 NAAQS since 2004. Based on this determination, EPA is also determining that certain Clean Air Act requirements are not applicable for so long as the Ajo area continues to attain the PM10 NAAQS.

EPA is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from solvent degreasers. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This regulation establishes tolerances for residues of boscalid, 3-pyridinecarboxamide, 2-chloro-N-(4'-chloro [1,1'-biphenyl]- 2-yl) in or on banana (imported), celery, and spinach. In addition, existing tolerances are being increased on almond hulls. Finally, the existing lettuce exception listed for the indirect or inadvertent residues in vegetables, leafy, group 4, is being revised to include celery and spinach, as well as lettuce. BASF requested the tolerances on almonds and bananas, and Interregional Research Project 4 (IR-4) has proposed group tolerances on vegetable, leafy, except brassica, Group 4 (to include celery and spinach), under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

This regulation establishes an increase in tolerances for the sum of the residues of imazethapyr and its metabolites, CL 288511, (2- [4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-y l]-5-(1- hydroxyethyl)-3-pyridine carboxylic acid), and CL 182704, (5-[1-(beta- D-glucopyranosyloxy)ethyl]-2-[4,5-dihydro-4-methyl-4-(1-methy lethyl)-5- oxo-1H-imidazol-2-yl]-3-pyridinecarboxylic acid), applied as its acid or ammonium salt in or on rice grain at 0.3 ppm, rice straw at 0.4 ppm, and imazethapyr and its metabolite, CL 288511 in or on crayfish at 0.15 ppm. BASF Corporation requested the tolerances for rice grain and rice straw under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), because of a requested increase in the use rate of imazethapyr in rice. In addition, this regulation increases the tolerance on crayfish from 0.10 ppm to 0.15 ppm due to exposure of crayfish raised in rice fields to imazethapyr.

EPA is taking direct final action to revise the waste treatment standard for 1,3-phenylenediamine (1,3-PDA) for a biosludge generated at DuPont's Chambers Works facility in Deepwater, New Jersey. This variance is necessary because the facility is unable to measure compliance with the 1,3-PDA land disposal restrictions treatment standard in its multisource leachate treatment biosludge matrix. As a practical matter, therefore, the facility cannot fully document compliance with the requirements of the treatment standard. For the same reason, EPA cannot ascertain compliance for this constituent. Furthermore, faced with the inability to demonstrate treatment residual content through analytical testing for this constituent, this facility faces potential curtailment of 1,3-PDA production operations. This site-specific variance will provide alternative technology treatment standards for 1,3-PDA in multisource leachate that do not require analysis of the biosludge matrix to determine whether the numerical treatment standard is being met, thus ensuring that treatment reflecting performance of the Best Demonstrated Available Technology occurs and that threats to human health and the environment from land disposal of the waste are minimized.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by Maryland. This revision pertains to the amendment of a regulation that controls volatile organic compound (VOC) emissions from yeast manufacturing facilities. This action is being taken under the Clean Air Act (CAA or the Act).

EPA is announcing that the comment period on the proposed National Perchloroethylene Emission Standards for Dry Cleaning Facilities, published on December 21, 2005 (70 FR 75884), is being extended until March 23, 2006.

With this final rule, EPA bans research for pesticides involving intentional exposure of human subjects, when the subjects are pregnant women or children. The rule further strengthens existing protections for subjects in research conducted or supported by EPA, by prohibiting such research if it would involve intentional exposure of human subjects who are pregnant women or children. The rule also extends new protections to adult subjects in research for pesticides conducted by others who intend to submit the research to EPA, when it involves intentional exposure of human subjects who are non-pregnant adults, and creates a new, independent Human Studies Review Board to advise the Agency on the ethical and scientific issues arising in such research. This final rule focuses on third-party intentional dosing human studies for pesticides and sets the stage for further Agency actions. In addition, in order to display the OMB control number for the information collection requirements contained in this final rule, EPA is amending the table of OMB approval numbers for EPA regulations that appears in 40 CFR part 9.

EPA is taking final action to exempt methyl bromide production and import for 2006 critical uses. Specifically, EPA is authorizing uses that will qualify for the 2006 critical use exemption, and the amount of methyl bromide that may be produced, imported, or made available from inventory for those uses in 2006. EPA's action is taken under the authority of the Clean Air Act (CAA) and reflects recent consensus Decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol) at the 16th and 17th Meetings of the Parties (MOPs) and the 2nd Extraordinary Meeting of the Parties (ExMOP).

EPA is announcing its intention to implement a federal program to certify applicators of restricted use pesticides in Navajo Indian Country. The program will be administered by EPA Region 9 located in San Francisco, CA. EPA is soliciting comments on EPA's intent to implement a federal certification program in Navajo Indian Country and on its proposed Federal Plan for Certification of Restricted Use Pesticide Applicators in Navajo Indian Country (federal plan).

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 for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). 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.

EPA is approving a request for an exemption from the requirements for the control of nitrogen oxide (NOX) emissions contained in section 182(f) of the Clean Air Act (CAA or Act) for northern Maine (specifically Aroostook, Franklin, Oxford, Penobscot, Piscataquis, Somerset, Washington, and portions of Hancock and Waldo Counties). This exemption request, submitted by the State of Maine, is based on a demonstration that NOX emissions in the exemption area are not impacting Maine's ozone nonattainment areas or other ozone nonattainment areas in the Ozone Transport Region (OTR) during times when elevated ozone levels are monitored in those areas. As such, additional reductions in NOX emissions from this area beyond what the state regulations already provide for are not necessary for future attainment in any of Maine's ozone nonattainment areas or any other ozone nonattainment area in the OTR. Thus, as provided for in section 182(f)(2), additional NOX reductions in these areas constitute excess reductions, and EPA will waive them.

The Environmental Protection Agency's Environmental Laboratory Advisory Board (ELAB), as previously announced, will have teleconference meetings on January 18, 2006 at 1 p.m. E.T.; February 15, 2006 at 1 p.m. E.T.; March 15, 2006 at 1 p.m. E.T.; April 19, 2006 at 1 p.m. E.T.; and May 17, 2006 at 1 p.m. E.T. to discuss the ideas and views presented at the previous ELAB meetings, as well as new business. Items to be discussed by ELAB over these coming meetings include: (1) Expanding the number of laboratories seeking National Environmental Laboratory Accreditation Conference (NELAC) accreditation; (2) homeland security issues affecting the laboratory community; (3) ELAB support to the Agency's Forum on Environmental Measurements (FEM); (4) implementing the performance approach; (5) increasing state participation in NELAC; and (6) follow-up on some of ELAB's past recommendations and issues. In addition to these teleconferences, ELAB will be hosting their next face-to-face meeting on January 30, 2006 at the Westin Chicago River North in Chicago, Illinois from 9:30-12 C.T. and an open forum session on January 31, 2006 also at the Westin Chicago River North in Chicago, Illinois at 5:30 p.m. C.T. Written comments on laboratory accreditation issues and/or environmental monitoring issues are encouraged and should be sent to Ms. Lara P. Autry, DFO, U.S. EPA (E243-05), 109 T. W. Alexander Drive, Research Triangle Park, NC 27709, faxed to (919) 541-4261, or e-mailed to autry.lara@epa.gov. Members of the public are invited to listen to the teleconference calls, and time permitting, will be allowed to comment on issues discussed during this and previous ELAB meetings. Those persons interested in attending should call Lara P. Autry at (919) 541-5544 to obtain teleconference information. The number of lines for the teleconferences, however, are limited and will be distributed on a first come, first serve basis. Preference will be given to a group wishing to attend over a request from an individual. For information on access or services for individuals with disabilities, please contact Lara P. Autry at the number above. To request accommodation of a disability, please contact Lara P. Autry, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

EPA is soliciting comment on the Minnesota Pollution Control Agency's (MPCA's) use of informing the public of upcoming rulemakings and public hearings via the internet as opposed to the past practice of using the newspaper or some other widely accessible printed media. Comments received may impact EPA's approval of the following requests made by the MPCA. The EPA is proposing to approve a revision to the Minnesota State Implementation Plan (SIP) that will establish, pursuant to regulations on public hearings, an alternative public participation process for certain SIP revisions. On December 7, 2005, the Minnesota Pollution Control Agency (MPCA) submitted a request to change certain procedures involving the public hearing and notification process as it applies to SIPs. Minnesota held a public hearing on this SIP revision request on November 17, 2005. In its request, the MPCA has identified a number of types of SIP revisions that are noncontroversial and for which the public has historically shown little or no interest. For this limited number of SIP revisions, the MPCA would, if approved, offer the opportunity for a public hearing, but would not hold a hearing if one was not requested. The EPA agrees that the SIP types that have been identified by the MPCA have historically been noncontroversial and that offering the public the opportunity to request a public hearing rather than holding one automatically does not limit or curtail the public participation process. Also, EPA is proposing to approve, pursuant to regulations on public hearings, a revision to the Minnesota SIP that provides that SIP revisions for which a public hearing was held at the time of the MPCA rulemaking, and where such public hearing met all the criteria necessary for a SIP public hearing, including, as discussed in this proposal, effective electronic notice, and the public was notified that the rule would be submitted as a SIP revision, no separate public hearing for SIP purposes would be held. MPCA included this revision to the Minnesota SIP in its December 7, 2005 request to EPA to revise certain provisions involving the SIP public hearing and notification process, and, correspondingly, included this revision in the public hearing which MPCA held on November 17, 2005. EPA agrees that a public hearing held at the time of the MPCA rulemaking, which meets the criteria for a SIP public hearing, including notice requirements, precludes the need for a separate public hearing for SIP purposes.

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 the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of a tolerance for the residues of amine oxides 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 the establishment of an exemption from the requirement of a tolerance for residues of C11-12 rich aromatic hydrocarbon fluid (Aromatic 200 Fluid) in or on food commodities when used as an inert ingredient in pesticide products.