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

EPA is proposing to approve revisions to the Mississippi State Implementation Plan (SIP) to include changes made to Mississippi regulations entitled, ``Permit Regulations for the Construction and Operation of Air Emissions Equipment'' and ``Regulations for the Prevention of Significant Deterioration of Air Quality.'' The proposed revisions amend the State permitting rules in order to address changes to the federal New Source Review (NSR) regulations, which were promulgated by EPA on December 31, 2002 (67 FR 80186) and reconsidered with minor changes on November 7, 2003 (68 FR 63021) (collectively, these two final actions are called the ``2002 NSR Reform Rules''). EPA's 2002 NSR Reform Rules, proposed for inclusion in the Mississippi SIP, contain provisions for baseline emissions calculations, an actual- to-projected-actual methodology for calculating emissions changes, options for plant-wide applicability limits, and recordkeeping and reporting requirements. The proposed revisions also include changes made to the NSR program for minor stationary sources, including a new provision allowing construction to commence on certain minor sources prior to the applicant receiving a final permit to construct.

EPA is taking direct final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from components at petroleum refineries, chemical plants, light crude oil production facilities, and natural gas production and processing facilities. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is taking direct final action approving a State Implementation Plan (SIP) revision submitted by the State of Colorado on April 12, 2004. This revision makes a minor change to Colorado Regulation No. 1. The intended effect of this action is to make federally enforceable those provisions that EPA is approving. The EPA is taking this action under section 110 of the Clean Air Act (Act).

On October 12, 2005, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for new and existing hazardous waste combustors. Subsequently, the Administrator received four petitions for reconsideration of the final rule. In this proposed rule, EPA is granting reconsideration of one issue in the petitions submitted by Ash Grove Cement Company and the Cement Kiln Recycling Coalition: The new source standard for particulate matter (PM) for cement kilns that burn hazardous waste. We are requesting comment on a revised new source particulate matter standard for cement kilns. We are also requesting comment on corresponding changes to the new source particulate matter standards for incinerators and liquid fuel boilers.

EPA is proposing four actions in response to Missouri's request to revise the State Implementation Plan (SIP) and Part 70 Operating Permit program to include two new rules and three revised rules. Missouri requested approval of portions of rules adopted on June 26, 2003. Because of the state's request for approval of portions of the rules, EPA is not proposing action on all of the state-adopted rules. All of the rules pertain to Missouri's air permits program. EPA is proposing to approve revisions to Definitions and Common Reference Tables in the SIP and Part 70 Operating Permit program. EPA is proposing to conditionally approve the Construction Permits By Rule. EPA is proposing to approve a SIP revision for changes to the Construction Permits Required rule and to conditionally approve portions of the Construction Permits Required rule, which reference the Construction Permits By Rule. EPA is proposing SIP approval of a new rule, Construction Permit Exemptions.

The EPA Science Advisory Board (SAB) Staff Office announces the formation of a new SAB panel known as the Science Advisory Board Advisory Panel on the Distribution of Persistent Chemicals in Wastewater Treatment, and is soliciting nominations for members of the Panel.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of a request by the registrant to voluntarily terminate the use of the pesticide propylene oxide (PPO) on bird seed products. The request would terminate non-food PPO use as an insecticidal fumigant for the control of stored product insects in bird seed. The request would terminate bird seed use for all PPO product(s) registered in the U.S. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws their request within this period. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order.

This notice announces the availability of EPA's Reregistration Eligibility Decisions (REDs) for the pesticides poly(hexamethylenebiguanide) hydrochloride hereafter referred to as PHMB, para tertiary-amylphenol and salts hereafter referred to as 4-t, 1, 2-benzisothiazolin-3-one hereafter referred to as BIT and azadioxabicyclooctane hereafter referred to as Aza. This notice opens a public comment period on these documents. The Agency's risk assessments and other related documents are also available in the Dockets for PHMB, 4-t, BIT and Aza. EPA has reviewed PHMB, 4-t, BIT and Aza 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.

EPA has granted experimental use permits (EUPs) to the following pesticide applicant. EUPs permit use of a pesticide for experimental or research purposes only in accordance with the limitations in the permits.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide xylene, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide xylene through a modified, streamlined version of 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.

EPA is proposing to approve a PM10 State Implementation Plan (SIP) maintenance plan revision for the Lakeview, Oregon nonattainment area and to redesignate the area from nonattainment to attainment for PM10. PM10 air pollution is suspended particulate matter with a nominal diameter less than or equal to a nominal ten micrometers. EPA is proposing to approve the SIP revision and redesignation request because the State adequately demonstrates that the control measures being implemented in the Lakeview area result in maintenance of the PM10 National Ambient Air Quality Standards and all other requirements of the Clean Air Act for redesignation to attainment are met.

EPA is taking direct final action to approve a PM10 State Implementation Plan (SIP) maintenance plan revision for the La Grande, Oregon nonattainment area and to redesignate the area from nonattattainment to attainment for PM10. PM10 air pollution is suspended particulate matter with a nominal diameter less than or equal to a nominal ten micrometers. EPA is approving the SIP revision and redesignation request because the State adequately demonstrates that the control measures being implemented in the La Grande area result in maintenance of the PM10 National Ambient Air Quality Standards and all other requirements of the Clean Air Act for redesignation to attainment are met.

EPA is proposing to approve revisions to the Washoe County District Board of Health (WCDBH) portion of the Nevada State Implementation Plan (SIP). The WCDBH revisions concern particulate matter (PM-10) emissions from street sanding operations and from street sweeping operations. We are proposing actions on local rules under the Clean Air Act as amended in 1990 (CAA or the Act).

The EPA is approving a request from the Indiana Department of Environmental Management (IDEM) to revise the Indiana State Implementation Plan (SIP). The revision consists of the repeal of 326 IAC 6-1, and its replacement by new articles 326 IAC 6.5 and 326 IAC 6.8. 326 IAC 6.5 contains particulate matter emission limitations for sources in all counties in Indiana, with the exception of Lake County. Sources located in Lake County are addressed in 326 IAC 6.8. The revision does not change any control requirements or any other provisions in 326 IAC 6-1.

This notice announces the initial filing of pesticide petitions proposing the establishment of regulations for residues of the herbicide ethofumesate (2-ethoxy-2,3-dihydro-3,3-dimethyl-5- benzofuranyl methanesulfonate) and its metabolites NC 8493 and NC 9607 (both calculated as the parent compound) in or on carrots (with regional restriction for use in Washington and Oregon only), garden beets (tops and roots), onion dry bulb, garlic bulb, and shallots.

This regulation establishes tolerances for combined residues of hexythiazox (trans-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2- oxothiazolidine-3-carboxamide) and its metabolites containing the (4- chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety (expressed as parent) in or on grape; citrus fruit, crop group 10 (CA, AZ, TX only); citrus, oil; citrus, dried pulp; fruit, pome, group 11; apple, wet pomace; and cattle, sheep, goat, and horse meat byproducts.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Working Committee on Pesticide Operations and Management (WC/POM) will hold a 2-day meeting, beginning on April 3, 2006 and ending April 4, 2006. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

The U.S. Environmental Protection Agency (EPA) is announcing that Versar, Inc., an EPA contractor for external peer review, will convene a panel of experts and will organize and conduct an independent expert external peer review meeting to review the draft document entitled ``Nanotechnology White Paper External Review Draft.'' The draft document was prepared by the Nanotechnology Workgroup of EPA's Science Policy Council and has recently undergone public review and comment. Versar, Inc. invites the public to register to attend this meeting as observers. In addition, Versar, Inc. invites the public to give oral comments or provide written comments at the external peer review meeting regarding the draft document under review. The panel will review the draft document and consider public comments received in the official public docket for this activity under docket ID number EPA-HQ-ORD-2005-0504 as well as comments made by the public at the meeting. The draft document and peer review charge are available through EPA's Science Inventory at https://cfpub.epa.gov/si/ and at https://www.epa.gov/osa/nanotech.htm. In preparing a final document, EPA will consider Versar, Inc.'s report of the comments and recommendations from the external peer-review meeting, as well as public comments. EPA plans to issue a final white paper on nanotechnology in mid-2006. This notice announces the independent expert external peer review meeting location and dates, and how to participate in the meeting.

The U.S. Environmental Protection Agency Region 5 is approving 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.

The Charter for the Environmental Protection Agency's Environmental Financial Advisory Board (EFAB) will be renewed for an additional two-year period, as a necessary committee which is in the public interest, in accordance with the provisions of the Federal Advisory Committee Act (FACA), 5 U.S.C. App. Section 9(c). The purpose of EFAB is to provide advice and recommendations to the Administrator of EPA on issues associated with environmental financing. It is determined that EFAB is in the public interest in connection with the performance of duties imposed on the Agency by law.

EPA has received a specific exemption request from the Oregon Department of Agriculture to use the pesticide ethoprop (CAS No. 13194- 48-4) to treat up to 300 acres of baby hops to control garden symphylans (Scutigerella immaculata). The Applicant proposes a use which has been requested in 5 or more previous years and a petition for a tolerance and registration application has not yet been submitted to the Agency. Due to the urgent nature of the emergency and the very narrow and extremely limited use being requested, EPA has eliminated the public comment period. Nonetheless, interested parties may still contact the Agency with comments about this notice and proposed treatment program.

EPA has environmental concerns about the proposed project related to impacts on water quality, aquatic habitat and floodplains in the affected watersheds. EPA also has concerns that a new bridge crossing of the Hatchie River will threaten its designation as a High Quality Water and State Scenic River due to excessive sedimentation, contaminants, altered flow patterns and habitat fragmentation. Rating EC2.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA issued a notice of receipt of request by registrants to voluntarily cancel certain pesticide registrations. That notice was published in the Federal Register on February 22, 2006, (71 FR 9118-9125). The notice announced that 90 pesticide registrations would be canceled after 180 days unless a request was withdrawn. These 90 registrations were listed in Table 1. The registrant waived the 180 day comment period for EPA Registration Number 66222-81 (Pendimethalin Technical) and EPA Registration Number 66222-82 (Repose) which was not noted in the February 22, 2006 Notice. This notice corrects the deadline for submission of withdrawal request for EPA Registration Number 66222-81 (Pendimethalin Technical) and EPA Registration Number 66222-82 (Repose) only. The deadline for withdrawal request on these two registrations should have been 30 days after publication in the Federal Register.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from architectural and industrial maintenance (AIM) coatings. The intended effect of this action is to approve these requirements into the Maine SIP. This action is being taken under the Clean Air Act (CAA).

The Resource Conservation and Recovery Act of 1976, as amended (RCRA), authorizes EPA to grant approval to States to operate their underground storage tank programs in lieu of the Federal program. Title 40 of the Code of Federal Regulations (40 CFR) codifies EPA's decision to approve State programs and incorporates by reference those provisions of the State statutes and regulations that will be subject to EPA's inspection and enforcement authorities in accordance with sections 9005 and 9006 of RCRA Subtitle I and other applicable statutory and regulatory provisions. This rule codifies the prior approval of the Commonwealth of Pennsylvania's underground storage tank program and incorporates by reference appropriate provisions of State statutes and regulations.