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

This action finalizes amendments to national emission standards for hazardous air pollutants (NESHAP) for hydrochloric acid (HCl) production facilities, including HCl production at fume silica facilities. The amendments to the final rule clarify certain applicability provisions, emission standards, and testing, maintenance, and reporting requirements. The amendments also correct several omissions and typographical errors in the final rule. We are finalizing the amendments to facilitate compliance and improve understanding of the final rule requirements.

Numerous EPA air pollution standards require specific work practices for equipment leak detection and repair (LDAR). The current work practice requires the use of a monitor which meets required performance specifications. This work practice is based on 25-year-old technology. New technology has been developed which we believe provides equal, or better, environmental protection than that provided by the current work practice. This action proposes a voluntary alternative work practice (AWP) for finding leaking equipment using optical gas imaging.

On December 14, 1994, we promulgated National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations). 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 controls for hazardous air pollutants. Also, section 112(d)(6) requires us to review and revise the national emission standards as necessary by taking into account developments in practices, processes, and control technologies. On August 10, 2005, we proposed not to revise the national emission standards based on our residual risk assessment and technology review. This action finalizes that decision not to revise the national emission standards and amends a reference error.

This notice announces the availability of the NAFTA Guidance Document on Requirements for Tolerances on Imported Commodities in the United States and Canada. It follows up on an April 16, 2003 notice, which made a proposed version of the document available for a 60-day public comment period. The document provides detailed guidance on data requirements that meet NAFTA standards for the establishment of pesticide import tolerances or maximum residue levels in Canada and the United States, and has been developed consistently with the goals of the North American Free Trade Agreement. This guidance document does not change the U.S. data requirements for obtaining a U.S. import tolerance. This common approach to the establishment of import tolerances is expected to promote trade between North America and the rest of the world and maintain North American high standards for food safety.

EPA issued a notice in the Federal Register of November 29, 2005, concerning the authorization of EPA's contractor Chemical Abstract Services, of Columbus, Ohio, to access information which has been submitted to EPA under sections 5 and 8 of the Toxic Substances Control Act (TSCA). This document is being issued to correct errors in that notice.

This notice announces the availability of EPA's risk assessments and related documents for the pesticides monosodium methanearsonate (MSMA), disodium methanearsonate (DSMA), calcium acid methanearsonate (CAMA), and cacodylic acid, collectively referred to as the ``organic arsenic herbicides,'' and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for the organic arsenic herbicides through a modified, 4-Phase 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.

This notice announces receipt of applications to register pesticide products containing a new active ingredient, Quillaja Saponaria Extract, not included in any previously registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

The EPA is taking direct final action to amend its regulations relating to the Clean Air Act (CAA) requirement that Federal actions conform to the appropriate State, Tribal or Federal implementation plan for attaining clean air (``general conformity'') to add de minimis emissions levels for particulate matter with an aerodynamic diameter equal or less than 2.5 microns (PM2.5) National Ambient Air Quality Standards (NAAQS) and its precursors.

This regulation establishes tolerances for combined residues of pyraclostrobin (carbamic acid, [2-[[[1-(4-chlorophenyl)-1H-pyrazol- 3-yl]oxy]methyl]phenyl]methoxy-, methyl ester) and its desmethoxy metabolite (methyl-N-[[[1-(4-chlorophenyl)-1H-pyrazol-3- yl]oxy]methyl]phenylcarbamate), expressed as parent compound, in or on bean, succulent, shelled; legume vegetables group, foliage, in crop group 7; mango (import); and papaya (import). This final rule also increases the tolerances for almond, hulls; pea and bean, dried shelled, except soybean, subgroup 6C; and strawberry. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

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 to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is being revised in response to proposed revisions to the National Ambient Air Quality Standards (NAAQS) for particulate matter. 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 Region 6 is announcing the availability of a supplemental fact sheet describing proposed revisions to, and is reopening the comment period for, previously proposed National Pollutant Discharge Elimination System (NPDES) general permits for storm water discharges from small municipal separate storm sewer systems (MS4s) located in the State of New Mexico (NMR040000), Indian Country Lands in New Mexico (NMR04000I), and Indian Country Lands in Oklahoma (OKR04000I). These permits were previously publically noticed on September 9, 2003 (68 FR 53166) and a 45 day public comment period on all parts of the permits was provided at that time. The public comment period is being reopened for the limited purpose of accepting public comments on changes which have been made to the draft permits primarily as a method to address a decision by the United States Court of Appeals for the Ninth Circuit, which remanded certain portions of the Phase II NPDES storm water regulations related to issuance of general permits for small MS4s. The Region is accepting comments only on today's proposed changes to the draft permits. Following the close of the comment period, the Director will make a final permit decision based on comments received during both the initial comment period and the reopened comment period.

The EPA is taking direct final action on the implementation of the EPA's statutory authority in Title II of the Interior, Environment, and Related Agencies Appropriations Act of 2006 (Pub. L. 109-54) that will allow the EPA to establish fellowships in environmental protection research, appoint fellows to conduct this research, and appoint special research consultants to advise on environmental protection research. Under an administrative provision of Public Law 109-54, the Administrator may, after consultation with the Office of Personnel Management, make up to five (5) appointments in any fiscal year from 2006 to 2011 for the Office of Research and Development. Appointees under this authority shall be employees of the EPA and will engage in activities related to scientific and engineering research that support EPA's mission to protect the environment and human health. In the ``Rules and Regulations'' section of the Federal Register, we are approving implementation of the EPA's statutory authority (to establish fellowships in environmental protection research and appoint fellows to conduct this research and appoint special research consultants to advise on environmental protection research) in Title II of the Interior, Environmental and Related Agencies Appropriations Act of 2006 (Pub. L. 109-54) with 42 U.S.C. 209 as a direct final rule without prior proposal because we view this as a non-controversial revision and anticipate no adverse comment. We have explained our reasons for this approval in the preamble to the direct final rule. If we receive no adverse comment, no further action on this proposed rule will be taken. 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 parties interested in commenting must do so at this time.

The Environmental Protection Agency (EPA or Agency) is proposing mandatory criteria for the environmentally protective use of chat for transportation construction projects carried out in whole or in part with Federal funds, and a certification requirement. Chat used in transportation projects must be encapsulated in hot mix asphalt concrete or Portland cement concrete unless the use of chat is otherwise authorized by a State or Federal response action undertaken pursuant to applicable Federal or State environmental laws. Such response actions are undertaken with consideration of risk assessments developed in accordance with State and Federal laws, regulations, and guidance. EPA is also proposing to establish recommended criteria as guidance on the environmentally protective use of chat for non- transportation cement and concrete projects. The chat covered by this proposal is from the lead and zinc mining area of Oklahoma, Kansas and Missouri, known as the Tri-State Mining District.

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.

EPA is announcing the availability of grant funds to States, Tribes, and Intertribal Consortia. Under the authority of the Pollution Prevention Act of 1990, EPA will award Pollution Prevention (P2) Grants in fiscal year (FY) 2006 for prevention activities during FY 2006-2007. These grants are targeted for State and Tribal technical assistance programs that address the reduction or elimination of pollution by businesses across all environmental media: Air, land, and water. The total amount of funding available for award in FY 2006 is approximately $4.1 million. The maximum funding level per project is $150,000. You may access the full text of the grant announcement athttps:// www.epa.gov/oppt/p2home/grants/ppis/ppis.htm.

The Environmental Protection Agency (EPA) is taking direct final action to allow refiners and laboratories to use more current and improved fuel testing procedures for five American Society for Testing and Materials (ASTM) analytical test methods. Once these test method changes are adopted, they will supersede the corresponding earlier versions of these test methods in EPA's motor vehicle fuel regulations. EPA is also taking direct final action to change the designated test method for sulfur in butane. EPA will take direct final action to replace an approved ASTM Committee D.16 sulfur test method with the ASTM Committee D.02 version of the test method for gasoline and diesel fuel, and allow an additional ASTM test method for sulfur in gasoline. EPA is also taking direct final action to remove a September 1, 2004 sunset provision for two alternative ASTM test methods for gasoline. Finally, EPA is taking direct final action to add a new section to the motor vehicle fuels regulations. This new section would reference the rounding method in an ASTM standard practice as the procedure to follow for rounding a test result when determining compliance with EPA's motor vehicle fuels standards listed in the regulations. As explained further below in the preamble of this document, EPA views these changes as non- controversial and we anticipate no adverse comment.