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

This notice announces the initial filing of pesticide petitions proposing the establishment of regulations for the residues of quinoxyfen (5,7-dichloro-4-(4-fluorophenoxy)quinoline in or on head/ leaf lettuce, melon (Subgroup 9A), bell/non-bell peppers, eggplant, and strawberry.

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 April 30, 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.

This document announces the Office of Management and Budget's (OMB) response 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.

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the Environmental Technology Subcommittee of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice and recommendations to the Administrator of EPA on a broad range of environmental policy, technology, and management issues. 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 purpose of the meeting is to continue the Subcommittee's consideration of these issues. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/nacept/cal- nacept.htm.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for the residues of the fungicide thiabendazole, (2-(4-thiazolyl) benzimidazole) in or on dry pea.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for the combined residues of total fluroxypyr (fluroxypyr MHE and its metabolite fluroxypyr) in or on garlic and shallot (bulb), and onion (dry bulb).

In response to numerous requests from the oil and gas industry, local governments, community groups, and Tribes, EPA hereby extends the comment period for an additional 30 days, from May 1, 2006 to May 31, 2006.

This action promulgates amendments to certain aspects of startup, shutdown, and malfunction (SSM) requirements affecting sources subject to the national emission standards for hazardous air pollutants (NESHAP) in response to a July 29, 2003 petition to reconsider certain aspects of amendments to the NESHAP General Provisions published on May 30, 2003.

This notice announces the availability of EPA's risk assessment, preliminary risk reduction options, and related documents for the pesticide alkylbenzene sulfonates which encompasses sodium dodecylbenzene sulfonate; dodecylbenzene sulfonic acid; and benzenesulfonic acid, C10-C16 alkyl derivatives, and opens a public comment period on these documents. The public also is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for alkylbenzene sulfonates through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. This is Phase 3 of the 4-Phase Process. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of regulations for residues of poly(acrylic acid/butyl acrylate/methacrylic acid/methyl acrylate/methyl methacrylate), salt with2-amino-2-methyl-1-propanol in or on all food commodities when used as an inert ingredient in pesticide products.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Our Children's Earth Foundation and Sierra Club (collectively, ``plaintiffs'') in the U.S. District Court Northern District of CaliforniaOakland Division: Our Children's Earth Foundation, et al. v. EPA, No. C 0505184 (N.D. CA). On December 14, 2005, plaintiffs filed a complaint alleging that EPA failed to perform a non-discretionary duty to review and, if necessary, revise the standards for emissions of hazardous air pollutants for petroleum refineries as required by section 112(d)(6) of the Clean Air Act (``CAA''), 42 U.S.C. 7412(d)(6). Under the terms of the proposed consent decree, within 12 months, EPA must make a proposed determination whether or not to revise the standards for petroleum refineries, and within 24 months, EPA must make a final determination whether or not to revise the standards for petroleum refineries.

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 requests by the registrants to voluntarily amend their registrations to terminate uses of certain products containing the pesticide sodium chlorate. The requests would terminate sodium chlorate use in or on residential use sites. The requests would not terminate the last sodium chlorate products registered for use in the U.S. EPA intends to grant these requests 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 requests, or unless the registrants withdraw their requests within this period. Upon acceptance of these requests, 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 temporary closure and relocation of the Office of Pesticide Programs (OPP) Docket. OPP is moving to One Potomac Yard, 2777 South Crystal Drive, Arlington, VA 22202. The new OPP Docket facility will be located in Room S-4400. In order to prepare for the relocation to the new facility, the OPP Docket will be closed to the public on Friday, April 28 through Friday, May 5, 2006, and will reopen to the public on Monday, May 8, 2006. Once reopened for business at the new facility, the OPP Docket hours of operation will remain 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The OPP Docket telephone number will remain 703-305-5805. The mailing address will remain the same, except the mail code will become (7502P).

The Environmental Protection Agency (EPA) is seeking public comment on its draft Guidance, Executive Order 13175: Consultation and Coordination with Indian Tribal Governments (``Guidance''). This draft Guidance addresses the provisions of Executive Order 13175 (``EO 13175'') and how EPA generally intends to implement EO 13175 in connection with relevant EPA activities. EPA is seeking public comment on this draft Guidance in order to provide EPA with a broad range of experiences and perspectives as the draft Guidance is finalized.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds six new sites to the General Superfund Section of the NPL.

In compliance with the Paperwork Reduction Act (PRA) (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. The information collection consists of a questionnaire for facilities that manufacture chlorine and/or certain chlorinated hydrocarbons. The questionnaire results will be used to support an effluent guidelines rulemaking effort.

The Louisiana Department of Environmental Quality (LDEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of National Emission Standards for Hazardous Air Pollutants (NESHAPs) for certain sources (both part 70 and non-part 70 sources). These regulations apply to certain NESHAPs promulgated by EPA, as amended through July 1, 2004. The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that it is taking direct final action to approve the delegation of certain NESHAPs to LDEQ.

The U.S. Environmental Protection Agency's (EPA or Agency) Office of the Science Advisor (OSA) announces a public meeting of the Human Studies Review Board (HSRB) to advise the Agency on EPA's scientific and ethical reviews of human subjects research.

This notice announces the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of a tolerancefor residues of penoxsulam in or on fish and shellfish resulting from its use as an aquatic herbicide.

Oregon has applied to EPA for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Oregon's application, has preliminarily determined that these changes satisfy all requirements needed to qualify for final authorization, and is proposing to authorize the state's changes.

EPA is finalizing our December 19, 2005, proposed finding that the Missouri State Implementation Plan (SIP) for lead is substantially inadequate to attain or maintain the National Ambient Air Quality Standard (NAAQS) for lead within the city limits of Herculaneum, Missouri. Pursuant to our authority in the Clean Air Act to call for plan revisions, the SIP has been found inadequate to attain and maintain the NAAQS within this portion of Jefferson County, as evidenced by three quarters of monitored violations in 2005. These violations occurred despite implementation of all control measures contained in the SIP, including all contingency measures established to address violations. EPA received comments on this proposal and is responding to these comments in this rulemaking. This rulemaking requires Missouri to revise the SIP to meet all of the applicable requirements of section 110 and part D of Title I of the Clean Air Act with respect to lead in the nonattainment area. The state is required to submit revisions to the SIP within twelve months of this final rulemaking. The SIP is required to provide for attainment of the lead NAAQS in the Herculaneum nonattainment area as expeditiously as practicable, but no later than two years after issuance of this final rule. If the state fails to submit a revised SIP by the deadline, it will be subject to sanctions under the provisions of the Clean Air Act.

This regulation establishes an amendment to an exemption from the requirement of a tolerance for residues of sodium metasilicate on all food commodities when applied/used as an insecticide or fungicide to control or suppress leafhoppers and powdery mildew in accordance with approved label rates and good agricultural practice. A petition was submitted to EPA on behalf of Environmentally Safe Systems, Inc. under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of sodium metasilicate.

During a review of Washington's regulations, EPA identified a variety of State-initiated changes to Washington's hazardous waste program under the Resource Conservation and Recovery Act, as amended, (RCRA) for which the State had not previously sought authorization. EPA proposes to authorize the State for the program changes. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the revisions by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we receive written comments that oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this authorization, EPA will publish a document in the Federal Register withdrawing the immediate final rule before it takes effect. EPA will then address public comments in a later final rule based on this proposal. If we receive comments that oppose only the authorization of a particular change to the State hazardous waste program, we will withdraw that part of the immediate final rule. However, the authorization of program changes that are not opposed by any comments will become effective on the date established in the immediate final rule. A Federal Register withdrawal document will specify which part of the authorization will become effective and which part is being withdrawn. EPA may not provide further opportunity for comment. Any parties interested in commenting on this action must do so at this time. EPA is also proposing to make corrections to the table included in the authorization Federal Register document for Washington published on October 12, 1999.

EPA is announcing that the comment period to the proposed rule entitled National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors, published on March 23, 2006, is being extended until May 8, 2006. In the proposed rule, EPA is requesting comment on a revised new source particulate matter standard for cement kilns that burn hazardous waste. We are also requesting comment on corresponding changes to the new source particulate matter standards for incinerators and liquid fuel boilers that burn hazardous waste.