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

This document announces the Office of Management and Budget's (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

This document announces that the EPA Administrator has responded to a citizen petition asking EPA to object to a Clean Air Act (Act) title V operating permit proposed by the Illinois Environmental Protection Agency (IEPA). Specifically, the Administrator has partially granted and partially denied the petition submitted by the Sierra Club and American Bottom Conservancy to object to the proposed operating permit for Onyx Environmental Services. Pursuant to section 505(b)(2) of the Act, a petitioner may seek in the United States Court of Appeals for the appropriate circuit judicial review of those portions of the petition which EPA denied. Any petition for review shall be filed within 60 days from the date a notice appears in the Federal Register, pursuant to section 307 of the Act.

EPA is promulgating a final rule under the Toxic Substances Control Act (TSCA) that requires manufacturers (including importers) and processors of 17 high production volume (HPV) chemicals to conduct acute toxicity, repeat dose toxicity, developmental and reproductive toxicity, genetic toxicity (gene mutations and chromosomal aberrations), ecotoxicity (in fish, Daphnia, and algae), and environmental fate (including 5 tests for physical chemical properties and biodegradation) testing. EPA has determined that each of the 17 chemicals included in this final rule is produced in substantial quantities and that there is or may be substantial human exposure to each of them. Moreover, EPA has determined that there are insufficient data to reasonably determine or predict the effects on health or the environment of the manufacture, distribution in commerce, processing, use, or disposal of the chemicals, or any combination of these activities. EPA has concluded that this testing program is necessary and appropriate for developing such data. Data developed under this final rule will provide critical information about the environmental fate and potential hazards of these chemicals which, when combined with information about exposure and uses, will allow the Agency and others to evaluate potential health and environmental risks and take appropriate actions. Persons who export or intend to export any chemical included in this final rule, regardless of the form in which it is exported, are subject to the export notification requirements of TSCA section 12(b).

EPA is correcting the State Implementation Plan (SIP) for the State of Georgia to remove a provision relating to a Georgia general ``nuisance'' rule. EPA has determined that this provision relating to Georgia Rule 391-3-1.02(2)(a)1, was erroneously incorporated into the SIP. EPA is removing this rule from the approved Georgia SIP because the Georgia rule is not related to the attainment and maintenance of the national ambient air quality standards (NAAQS). This final rule addresses comments made on the proposed rulemaking EPA previously published for this action.

This notice announces the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of regulations for residues of Quillaja Saponaria extract in or on all food commodities.

In this notice, EPA is notifying the public that we have found that the motor vehicle emissions budgets contained in the submitted Redesignation Request and Maintenance Plan for the Truckee Meadows (Washoe County, Nevada) Carbon Monoxide Nonattainment Area (September 2005) (``Truckee Meadows Carbon Monoxide Redesignation Request and Maintenance Plan'') are adequate for transportation conformity purposes. As a result of our finding, the Washoe County Regional Transportation Commission and the U.S. Department of Transportation must use the carbon monoxide motor vehicle emissions budgets from the submitted plan for future conformity determinations.

Pursuant to the Federal Advisory Committee Act (Pub. L. 92- 463), the U.S. Environmental Protection Agency (EPA) gives notice of a public meeting of the Pesticide Program Dialogue Committee (PPDC) Spray Drift Work Group on March 29 and 30, 2006. An agenda for this meeting is being developed and will be posted on EPA's Web site. The work group is developing input and advice concerning spray drift for EPA's Offices of Water and Pesticide Programs.

This notice announces the initial filing of pesticide petitions proposing the establishment of regulations for residues of mancozeb in or on food commodities sugar apple, cherimoya, atemoya, custard apple, and sweetsop (9E5061); mango, star apple (caimito), canistel, mamey sapote, sapodilla, and white sapote (5E4570); ginseng (9E5054); and the cucurbit vegetable crop group 9 (3E4173).

This regulation establishes a tolerance for combined residues of triflumizole, 1-(1-((4-chloro-2-(trifluoromethyl)phenyl)imino-2- propoxyethyl)-1H-imidazole, and its metabolites containing the 4- chloro-2-trifluoromethylaniline moiety, calculated as the parent compound in or on filberts. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of1996 (FQPA).

Notice is hereby given that a proposed Prospective Purchaser Agreement (``Agreement'') associated with the Chem-Wood Facility, located at 91-476 Komohana Street in Campbell Industrial Park, Ewa Beach, Hawaii, was executed by the Agency and the United States Department of Justice on March 3, 2006. Chem-Wood is a former wood- treating facility at which a number of wastes have been generated and hazardous substances, including copper chromated arsenic and pentachlorophenol, have been used. The Agreement is between Kanani L.L.C. and the United States, and is subject to final approval after the comment period. The Agreement would resolve certain potential EPA claims under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), and potential claims under sections 3008(h) and 7003 of the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984 (``RCRA''). Kanani L.L.C. plans to purchase the Chem-Wood Facility for storage of supplies and materials, parking of vehicles on paved areas, and other similar uses. Under this proposed Agreement, Kanani L.L.C. would be required to perform ground water and soil response actions, maintain security of the perimeter of the property, and maintain the integrity of the existing asphalt cap. Also under the Agreement, Kanani L.L.C. will be required to grant access to the property to EPA, its authorized officers, employees, representatives, and all other persons performing response actions under EPA oversight.

EPA is taking direct final action under the Clean Air Act to determine that the Yuma 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 1998-2000. EPA also finds that the Yuma area is currently in attainment of the PM10 NAAQS, and based on this finding, EPA is determining that certain Clean Air Act requirements are not applicable for so long as the Yuma area continues to attain the PM10 NAAQS.

The Environmental Protection Agency is approving a revision to the State Implementation Plan (SIP) for ozone submitted by the State of New Jersey. This SIP revision consists of a source-specific reasonably available control technology (RACT) determination for controlling oxides of nitrogen from the cogeneration facility operated by Schering Corporation. This action approves of the source-specific RACT determination that was made by New Jersey in accordance with provisions of its regulation to help meet the national ambient air quality standard for ozone. The intended effect of this action is to approve source-specific emission limitations required by the Clean Air Act.

EPA is proposing to revise the EPA Acquisition Regulation (EPAAR) Subparts 1532 and 1552 to implement a procedure for simplified acquisition procedures financing. This proposed EPAAR revision will add a prescription and clause for contracting officers to use when approving advance or interim payments on simplified acquisitions. The proposed prescription and clause apply to commercial item orders at or below the simplified acquisition threshold. This action revises the EPAAR, but does not impose any new requirements on Agency contractors. The procedure will allow contractors to invoice for advance and interim payments in accordance with standard commercial practices when authorized by the contracting officer and identified in the clause payment schedule.

EPA is announcing the partial approval and partial disapproval of revisions to the Restriction of Emission of Sulfur Compounds rule in the Missouri State Implementation Plan (SIP). This Missouri rule establishes general requirements for emissions of sulfur compounds from various source categories and establishes specific emissions requirements for certain named sources. EPA is approving most of the revisions to the rule because the changes involve clarifications, updates, and other improvements to the current rule. This action does not include a portion of the rule that regulates ambient concentrations of sulfur compounds, because this provision is not in the current SIP, and EPA does not directly enforce Missouri's Air Quality Standards. EPA is disapproving Missouri's request to include in the SIP a revision to two source-specific references because the state has not demonstrated that the revisions are protective of the short-term SO2 National Ambient Air Quality Standard (NAAQS).

EPA expressed environmental concern about potential impacts to wetlands, and requested additional information to address wetland impacts and required mitigation. Rating EC2.

EPA is proposing to approve revisions to the Texas State Implementation Plan (SIP). This action approves provisions for alternate language public notice for certain preconstruction permits or permit renewals and provisions for preconstruction permit renewals. It approves SIP revisions that Texas submitted to EPA on August 31, 1993; April 29, 1994; August 17, 1994; and July 22, 1998. The revisions that EPA is approving supplement the current requirements for new construction and modifications and are more stringent than the Federal Clean Air Act (CAA or the Act) and EPA regulations. We are approving the revisions under sections 110 and 116 of the Act as improving the existing SIP.

This notice announces the initial filing of a pesticide petition proposing the establishment of a regulation for residues of the fungicide dimethomorph [(E,Z)4-[3-(4-chlorophenyl)-3-(3,4- dimethoxyphenyl)-1-oxo-2-propenyl]-morpholine] in or on Brassica head and stem (Subgroup 5A) food commodities.

This final rule establishes the criteria for determining which transportation projects must be analyzed for local particle emissions impacts in PM2.5 and PM10 nonattainment and maintenance areas. This rule establishes requirements in PM2.5 areas and revises existing requirements in PM10 areas. If required, an analysis of local particle emissions impacts is done as part of a transportation project's conformity determination. EPA is requiring a local particle emissions impacts analysis for certain transportation projects to ensure that these projects do not adversely impact the national ambient air quality standards and human health. The Clean Air Act requires federally supported highway and transit projects to be consistent with (``conform to'') the purpose of a state air quality implementation plan. EPA has consulted with the Department of Transportation (DOT) on the development of this final rule, and DOT concurs with its content.

Notice is hereby given that the States of Connecticut, New Hampshire and Rhode Island are in the process of revising their respective approved Public Water System Supervision (PWSS) programs to meet the requirements of the Safe Drinking Water Act (SDWA). The State of Connecticut has adopted drinking water regulations for the Filter Backwash Recycling Rule (66 FR 31086-311054) promulgated on June 8, 2001. After review of the submitted documentation, EPA has determined that Connecticut's Filter Backwash Recycling Rule is no less stringent than federal regulations. Therefore, EPA intends to approve Connecticut's PWSS program revision for the Filter Backwash Rule. The State of New Hampshire has adopted drinking water regulations for the new Public Water System definition (63 FR 23362, 23364) promulgated on April 28, 1998. After review of the submitted documentation, EPA has determined that New Hampshire's public water system definition is no less stringent than federal regulations. Therefore, EPA intends to approve New Hampshire's PWSS program revision for the Public Water System definition. The State of Rhode Island has adopted drinking water regulations for the Variances and Exemptions Rule (63 FR 43834-43851) promulgated on August 14, 1998. After review of the submitted documentation, EPA has determined that Rhode Island's Variances and Exemptions Rule is no less stringent than federal regulations. Therefore, EPA intends to approve Rhode Island's PWSS program revision for the Variances and Exemptions Rule.

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public teleconference of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. The Council is a panel of experts who represent diverse interests from academia, industry, non-governmental organizations, and local, state, and tribal governments. The purpose of this teleconference is two-fold: To discuss and approve recommendations from the NACEPT Environmental Technology Subcommittee and to discuss and approve comments on the Draft 2006-2011 EPA Strategic Plan Architecture from a subset of the Council. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/ nacept/cal-nacept.htm.

The Environmental Protection Agency (EPA) established the Clean Air Act Advisory Committee (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.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed Agreement for Recovery of Past Response Costs (``Agreement,'' Region 9 Docket No. 9- 2006-0004) pursuant to section 122(h) of CERCLA concerning the Stringfellow Acid Pits Superfund Site (the ``Site''), located near Glen Avon, California. The respondent to the Agreement is the state of California (the ``State''). The issues resolved in the Agreement stem from the fact that, from 1983 to 1996, the Agency provided federal funds to the State through a State Superfund Contract as a cooperative means to further the remediation of the Site. Section 104(c)(3) of CERCLA requires that, in such a cooperative agreement, the State shall nonetheless be responsible for 10% of the remedial action costs, or 50-100% of the total response costs if the State was an ``operator'' of the Site. Because the State was involved in selecting the original location and management techniques for the Site as a hazardous waste disposal facility, in 1995, a federal district court ruled that the State's role at the facility made it a liable ``operator'' for the purpose section 107(a) of CERCLA. This court ruling potentially affected the share of response costs for which the State would be liable pursuant to section 104(c)(3) of CERCLA. In November 2004, the Agency's Office of Inspector General concluded an audit of the assistance accounts accessed by the State through the State Superfund Contract and made recommendations on the balance due to the State for its response work, but also recommended that the State was not entitled to reimbursement for substantial claims for interest accrued on its incurred costs. The Office of Inspector General did not consider in its recommendation the State's potential liability as an ``operator'' of the Site. Through the proposed Agreement, the Agency will reimburse the State in an amount consistent with the recommendations of the Office of the Inspector General, and will not seek additional costs from the State for its potential liability as an ``operator'' of the Site. The State covenants to accept the settlement as a final determination of the amount of its reimbursement, precluding further claims for recovery of the interest accrued on the State's response costs. A portion of the payments from the Agency to the State will go specifically toward further investigation and response to the recently discovered perchlorate contamination at the Site. For thirty (30) days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed Agreement. The Agency's response to any comments will be available for public inspection at the Agency's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105.

EPA is approving revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM) on September 11, 2003. The revisions include modifications to Alabama's open burning rules found at Alabama Administrative Code (AAC) Chapter 335-3-3-.01. These revisions are part of Alabama's strategy to meet the national ambient air quality standards by reducing emissions of volatile organic compounds and nitrogen oxides. Open burning creates smoke that contains fine particles (PM2.5) and precursors to ozone. ADEM has found that elevated levels of PM2.5 mirror the months when ozone levels are highest (May-September). These rules are intended to help control levels of PM2.5 and ozone precursors that contribute to high ozone and PM2.5 levels. Today's action is being taken pursuant to section 110 of the Clean Air Act. In its September 11, 2003, submittal, ADEM also proposed SIP revisions to include changes to AAC Chapter 335- 3-4, concerning opacity. EPA is not acting on that part of the revision at this time. In the Rules Section of this Federal Register, EPA is approving Alabama's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A rationale for the approval is set forth in the direct final rule, and incorporated herein by reference. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated with regard to this proposed action. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

The EPA is granting Michigan final authorization of the changes to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on November 23, 2005, at 70 FR 70761 and provided for public comment. The public comment period ended on December 23, 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 and is authorizing the State's changes through this final action.

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 February 28, 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.