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

EPA is proposing to approve revisions to the Tennessee State Implementation Plan (SIP), submitted by the Tennessee Department of Environment and Conservation on September 7, 1998. This revision adds 16 compounds to the list of compounds excluded from the definition of ``Volatile Organic Compounds.'' In the Final Rules Section of this Federal Register, EPA is approving the State'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 detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. 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 Science Advisory Board (SAB) Staff Office announces a public meeting of a Subcommittee of the Science Advisory Board Committee on Valuing the Protection of Ecological Systems and Services (C-VPESS) to gather information related to ecological valuation activities of interest to EPA Region 5 in its work with Chicago Wilderness.

This notice announces the initial filing of pesticide petitions proposing the establishment or amendment of regulations for residues of pesticide chemicals in or on various commodities.

EPA has received a specific exemption request from the Michigan Department of Agriculture to use the pesticide gentamicin(CAS No. 1403-66-3) to treat up to 26,600 acres of apples to control streptomycin-resistant fire blight. The Applicant proposes the use of a new chemical which has not been registered by EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of pesticide chemicals in or on various food commodities.

This notice announces the initial filing of pesticide petitions proposing the establishment or amendment of regulations for residues of pesticide chemicals in or on various commodities.

This notice announces the initial filing of a pesticide petition proposing the amendment of the existing exemption from the requirement of a tolerance in 40 CFR 180.1153 for residues of the biochemicals classified as lepidopteran pheromones to include indoor post-harvest treatment in or on all stored food commodities.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of thiophanate-methyl in or on sweet corn.

EPA issued a Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food in the Federal Register of June 8, 2005. The notice of filing was for Ferric Sodium EDTA. This document is being issued to correct the chemical name ``Ferric Sodium EDTA,'' and to replace it with ``Sodium Ferric Hydroxy EDTA,'' and to reopen the comment period for 30 additional days.

This notice announces the initial filing of a pesticide petition proposing the establishment or amendment of regulations for residues of pesticide chemicals in or on various commodities.

This regulation establishes a tolerance for combined residues of pendimethalin, [N-(1-ethylpropyl)-3,4-dimethyl-2,6- dinitrobenzenamine], and its metabolite 4-[(1-ethylpropyl)amino]-2- methyl-3,5-dinitrobenyzl alcohol in or on carrots; spearmint, tops; peppermint, tops; spearmint, oil; peppermint, oil; fruit, citrus, group 10, citrus, oil; almond, hulls; nut, tree group 14. Interregional Research Project Number 4 requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

EPA is making an interim final determination to stay and/or defer imposition of sanctions based on a direct final approval of a revision to the Arizona Department of Environmental Quality (ADEQ) portion of the Arizona State Implementation Plan (SIP) published elsewhere in today's Federal Register. The revisions concern ADEQ Rule R18-2-Appendix 8.

This regulation establishes a tolerance for combined residues of emamectin and its metabolites in or on pome fruit (crop group 11). It also revises the combined residues of emamectin and its metabolites in or on various livestock commodities. Syngenta Crop Protection requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

EPA is proposing to allocate essential use allowances for import and production of class I stratospheric ozone depleting substances (ODSs) for calendar year 2006. Essential use allowances enable a person to obtain controlled class I ODSs as part of an exemption to the regulatory ban on the production and import of these chemicals which became effective as of January 1, 1996. EPA allocates essential use allowances for exempted production or import of a specific quantity of class I ODS solely for the designated essential purpose. The proposed allocations total 1,002.40 metric tons of chlorofluorocarbons (CFCs) for use in metered dose inhalers for 2006.

In the Federal Register of October 28, 2005, EPA issued a notice of intent to approve amended Pennsylvania and Virginia Plans for the certification of applicators of restricted use pesticides. In this notice EPA solicited comments from the public on the proposed action to approve the amended Pennsylvania and Virginia Plans. The amended Certification Plans Pennsylvania and Virginia submitted to EPA contained several statutory, regulatory, and programmatic changes to their current Certification Plans. The proposed amendments establish new commercial categories for vertebrate pest control. One public comment was received that had no specific information relevant to the issues presented; therefore, no changes were made based on this comment. EPA hereby approves the amended Pennsylvania and Virginia Plans.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference meeting of the chartered SAB to discuss a draft SAB report, Review of Agency ``Draft Guidance on the Development, Evaluation, and Application of Regulatory Environmental Models'' and ``Models Knowledge Base'' by the Regulatory Environmental Modeling Guidance Review Panel of the EPA Science Advisory Board.

The Environmental Protection Agency (EPA) is proposing to exempt entities that import aircraft fire extinguishing spherical pressure vessels containing halon-1301 (``aircraft halon bottles'') for hydrostatic testing from the import petitioning requirements for used controlled substances. The petitioning requirements compel importers to submit detailed information to the Administrator concerning the origin of the substance at least forty working days before a shipment is to leave a foreign port of export. This action proposes to reduce the administrative burden on entities that are importing aircraft halon- 1301 bottles for the purpose of maintaining these bottles to commercial safety specifications and standards set forth in Federal Aviation Authority airworthiness directives. This action does not propose to exempt entities importing bulk quantities of halon-1301 in containers that are not being imported for purposes of hydrostatic testing. In the ``Rules and Regulations'' section of today's Federal Register, we are creating this exemption as a direct final rule without prior proposal because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this exemption in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will address all public comments in a subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any persons interested in commenting must do so at this time.

On February 1, 2006 (71 FR 5172), EPA published a direct final approval of a revision to the California State Implementation Plan (SIP). This revision concerned Yolo-Solano Air Quality Management District (YSAQMD) Rule 2.21, Organic Liquid Storage and Transfer. The direct final action was published without prior proposal because EPA anticipated no adverse comment. The direct final rule stated that if adverse comments were received by March 3, 2006, EPA would publish a timely withdrawal in the Federal Register. EPA received timely adverse comments. Consequently, with this action we are removing the direct final approval of YSAQMD rule 2.21. EPA will either address the comments in a subsequent final action based on the parallel proposal also published on February 1, 2006 (71 FR 5211), or propose an alternative action. As stated in the parallel proposal, EPA will not institute a second comment period on a subsequent final action. On February 1, 2006 (71 FR 5174), EPA also published an interim final determination to stay CAA section 179 sanctions associated with YSAQMD Rule 2.21 based on our concurrent proposal to approve the State's SIP revision as correcting deficiencies that initiated sanctions. This interim final determination and its stay of sanctions is not affected by this partial removal of the direct final action. Ventura County Air Pollution Control District Rule 74.14, the other rule approved in the February 1, 2006 direct final action, is not affected by this partial removal and is incorporated into the SIP as of the effective date of the February 1, 2006 direct final action.

EPA is taking direct final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern particulate matter (PM-10) emissions from open burning and volatile organic compound (VOC) emissions from gasoline storage and transfer. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

With this notice, the Environmental Protection Agency (EPA) recertifies that the U.S. Department of Energy's (DOE) Waste Isolation Pilot Plant (WIPP) continues to comply with the ``Environmental Standards for the Management and Disposal of Spent Nuclear Fuel, High- Level and Transuranic (TRU) Radioactive Waste.'' EPA initially certified that WIPP met applicable regulatory requirements on May 18, 1998, and the first shipment of waste was received at WIPP on March 26, 1999. Today's action represents the first instance of EPA's periodic evaluation of WIPP's continued compliance with the disposal regulations and WIPP Compliance Criteria. The compliance criteria implement and interpret the disposal regulations specifically for WIPP. As directed by Congress in the WIPP Land Withdrawal Act (LWA), this ``recertification'' will occur five years after the WIPP's initial receipt of TRU waste (March 26, 1999), and every five years thereafter until the end of the decommissioning phase. For each recertification including the one being announced with today's actionDOE must submit documentation of the site's continuing compliance with the disposal regulations to EPA for review. In accordance with the WIPP Compliance Criteria, documentation of continued compliance was made available in EPA's dockets, and the public was provided at least a 30-day period in which to submit comments. In addition, all recertification decisions must be announced in the Federal Register, as this first recertification is today. According to the WIPP LWA, Section 8(f), these periodic recertification determinations are not subject to rulemaking or judicial review. Today's action is not a reconsideration of the decision to open WIPP. Rather, recertification is a process that evaluates changes at WIPP to determine if the facility continues to meet all the requirements of EPA's disposal regulations. The recertification process ensures that WIPP's continued compliance is demonstrated using the most accurate, up-to-date information available. Today's recertification decision is based on a thorough review of information submitted by DOE, independent technical analyses, and public comments. The Agency has determined that DOE continues to meet all applicable requirements of the WIPP Compliance Criteria, and with this notice, recertifies the WIPP facility. This recertification decision does not otherwise amend or affect EPA's radioactive waste disposal regulations or the WIPP Compliance Criteria.

EPA expressed environmental concerns about the aquatic resources, ecological connectivity, habitat permeability for wildlife, and air toxic, and is also concerned about the limited range of alternatives analyzed and the secondary effects of induced travel demand and land use change. Rating EC2.

This document announces that on February 9, 2006, the Environmental Appeals Board (``EAB'') of EPA denied review of a petition for review of a Prevention of Significant Deterioration (``PSD'') permit (``Permit'') that EPA Region 10 issued to Diamond Wanapa I, L.P. (``Diamond'') for construction and operation of the Wanapa Energy Center (``Facility''), a natural gas-fired combined cycle electric generating facility. The Permit was issued pursuant to 40 CFR 52.21.

On July 21, 2004 (69 FR 43522) EPA published a Federal Register notice redesignating the Hazelwood SO2 Nonattainment Area and the Monongahela River Valley Unclassifiable Area to attainment of the sulfur dioxide (SO2) national ambient air quality standards (NAAQS). In the July 21, 2004 final rulemaking document, two areas were inadvertently omitted from the revised designated area listing. This document corrects that error.

On September 8, 1994, we promulgated national emission standards for hazardous air pollutants for industrial process cooling towers. The rule prohibits the use of chromium-based water treatment chemicals that are known or suspected to cause cancer or have a serious health or environmental effect. Section 112(f)(2) of the Clean Air Act directs us to assess the risk remaining (residual risk) after the application of national emission standards for hazardous air pollutants and to promulgate more stringent standards, if warranted, to provide an ample margin of safety to protect public health or prevent adverse environmental effect. Also, section 112(d)(6) of the Clean Air Act requires us to review and revise the standards, as necessary at least every 8 years, taking into account developments in practices, processes, and control technologies. On October 24, 2005, based on the findings from our residual risk and technology review, we proposed no further action to revise the standards and requested public comment. Today's final action amends the applicability section of the rule in response to public comments received on the proposed action. The final amendment provides that sources that are operated with chromium-based water treatment chemicals are subject to this standard; other industrial process cooling towers are not covered.

On December 15, 1994, we promulgated national emission standards for hazardous air pollutants for Magnetic Tape Manufacturing Operations. The standards limit and control emissions of hazardous air pollutants that are known or suspected to cause cancer or have other serious health or environmental effect. Section 112(f)(2) of the Clean Air Act directs EPA to assess the risk remaining (residual risk) after the application of national emission standards for hazardous air pollutants controls and to promulgate more stringent standards, if necessary, to protect public health with an ample margin of safety and to prevent adverse environmental effects. Also, section 112(d)(6) of the Clean Air Act requires EPA to review and revise the national emission standard for hazardous air pollutants, as necessary, taking into account developments in practices, processes, and control technologies. On October 24, 2005, based on the findings from our residual risk and technology review, we proposed no further action to revise the national emission standards for hazardous air pollutants and requested public comment. Today's final action responds to public comments received on the proposed action and announces EPA's final decision not to revise the standards.