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

EPA expressed environmental concerns about the potential for adverse impacts to water and air quality. In particular, acid generation from highly mineralized rock which has the potential to produce acid drainage impacting wetlands and aquatic life. Rating EC1.

The Environmental Protection Agency (EPA) established the 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. Open Meeting Notice: Pursuant to 5 U.S.C. App. 2 section 10(a)(2), notice is hereby given that the Air Quality Management subcommittee to the Clean Air Act Advisory Committee will hold its next open meeting on Thursday, May 18 and Friday, May 19, 2006 from approximately 8 a.m. to 5 p.m. at 1101 Slater Road Suite 200, Durham, North Carolina. Any member of the public who wishes to submit written or brief oral comments; or who wants further information concerning this meeting should follow the procedures outlined in the section below titled ``Providing Oral or Written Comments at this Meeting.'' Seating will be limited and available on a first come, first served basis. In order to insure copies of printed materials are available, members of the public wishing to attend this meeting are encouraged to contact Mr. Jeffrey Whitlow, Office of Air and Radiation, U.S. EPA (919) 541-5523, Fax (919) 685-3307 or by mail at U.S. EPA, Office of Quality Planning and Standards (Mail code C 301-04), 109 T.W. Alexander Drive, Research Triangle Park, NC 27711 or by e-mail at: whitlow.jeff@epa.gov by noon Eastern Time on January 19, 2006. For information on access or services for individuals with disabilities or to request accommodation of a disability, please contact Mr. Whitlow, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Inspection of Committee Documents: The subcommittee agenda and any documents prepared for the meeting will be sent to participants via e- mail prior to the start of the meeting. Thereafter, these documents, together with the meeting minutes, will be available by contacting the Office of Air and Radiation Docket and requesting information under docket OAR-2004-0075 and can be found on the CAAAC Web site: https:// www.epa.gov/air/caaac. The Docket office can be reached by telephoning (202) 260-7548; FAX (202) 260-4400.

Missouri has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Missouri.

EPA is proposing to approve two State Implementation Plan (SIP) revisions to the Tennessee Department of Environment and Conservation's Nitrogen Oxides (NOX) Budget Trading Program (Trading Program) submitted October 27, 2003, and December 10, 2003, by the State of Tennessee. The first revision corrects a miscalculation in Tennessee's NOX trading budget for non-electric generating units (non-EGUs) resulting from the use of an incorrect control efficiency percentage for one of the Trading Program's non-EGU sourcesan Eastman Chemical Company boiler. The correction of this miscalculation results in a 147 tons per season (tps) increase in Tennessee's NOX trading budget for non-EGUsmaking its non- EGU trading budget 5,666 tps, instead of 5,519 tps, and increasing Tennessee's total State-wide NOX budget from 163,928 tpy to 164,075 tpy. Based on this correction, Tennessee's second revision reallocates trading allowances to Eastman Chemical Companyincreasing the NOX trading allowances from 416 tps to 549 tps for the Eastman Chemical Company boiler. In the Final Rules section of this Federal Register, EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views these as noncontroversial submittals 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.

EPA is taking final action to approve revisions to the Commonwealth of Pennsylvania State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for five major sources and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's SIP-approved generic RACT regulations. EPA is approving these revisions in accordance with the Clean Air Act (CAA).

In today's action, we are finalizing regulations to include Delaware and New Jersey in the Clean Air Interstate Rule (CAIR) for fine particles (PM2.5), based on our assessment that they contribute significantly to a downwind State's nonattainment. In the CAIR, we determined that upwind States that contribute 0.2 [mu]g/ m3 or more to a downwind PM2.5 nonattainment area are potentially deemed to be contributing significantly to nonattainment in the downwind State. The EPA proposed to augment the analytical approach used in the CAIR by supplementing the air quality step of the contribution analysis. Based on the results of this augmented analytical approach, we proposed that Delaware and New Jersey should be covered by the CAIR for annual sulfur dioxide (SO2) and nitrogen oxides (NOX) requirements and are finalizing the regulation to include these States in the CAIR for PM2.5.

Today, EPA is taking actions to address the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2) that contribute significantly to nonattainment and maintenance problems with respect to the national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5) and 8-hour ozone. As one part of today's action, EPA is providing its final response to a petition submitted to EPA by the State of North Carolina under section 126 of the Clean Air Act (CAA). The petition requests that EPA find that SO2 and/or NOX emissions from electric generating units (EGUs) in 13 States are significantly contributing to PM2.5 and/or 8-hour ozone nonattainment and maintenance problems in North Carolina, and requested that EPA establish control requirements to prohibit such significant contribution. The EPA is denying the petition because, in today's action, EPA is promulgating Federal implementation plans (FIPs) for all jurisdictions covered by the Clean Air Interstate Rule (CAIR) to address interstate transport. The FIPs will regulate EGUs in the affected States and achieve the emissions reductions requirements established by the CAIR until States have approved State implementation plans (SIPs) to achieve the reductions. As the control requirement for the FIPs, EPA is adopting the model trading rules that EPA provided in CAIR as a control option for States, with minor changes to account for Federal rather than State implementation. Today's action also revises CAIR SIP model trading rules in order to address the interaction between the EPA-administered CAIR FIP trading programs being promulgated today and the EPA-administered CAIR State trading programs that will be created by any State that elects to submit a SIP establishing such a trading program to meet the requirements of the CAIR. In addition, EPA is taking final action on our reconsideration of the definition of ``EGU'' as it relates to solid waste incinerators. Today's action also makes revisions to the Acid Rain Program in order to make the administrative appeals procedures, which currently apply to final determinations by the Administrator under the EPA- administered CAIR State trading programs, also apply to the EPA- administered trading programs under the FIP action. In addition, we are making certain minor revisions to the Acid Rain Program that will apply to all affected units.

EPA proposes to approve revisions to the Pennsylvania State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for seven sources of volatile organic compounds (VOC) and one source of nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's (Pennsylvania or the Commonwealth) SIP-approved generic RACT regulations. EPA is proposing to approve these revisions in accordance with the Clean Air Act (CAA).

In compliance with the Paperwork Reduction Act (PRA), this technical amendment amends the table that lists the Office of Management and Budget (OMB) control numbers issued under the PRA for Motor Vehicle Emission and Fuel Economy Compliance; Light Duty Vehicles, Light Duty Trucks, and Highway Motorcycles.

This notice announces the availability of EPA's risk assessment(s), preliminary risk reduction options, and related documents for the pesticide 2-phenylphenol (orthophenylphenol) and salts. This notice 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 orthophenylphenol and salts 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 the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide sabadilla alkaloids, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide sabadilla alkaloids 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.

This notice announces the availability of EPA's risk assessments, preliminary risk reduction options, and related documents for the Group 1 Quat Cluster pesticide didecyl dimethyl ammonium chloride, 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 didecyl dimethyl ammonium chloride 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 the availability of EPA's risk assessments, preliminary risk reduction options, and related documents for the Group II Quat Clustr of structurally similar quaternary ammonium compounds known as alkyl dimethyl ammonium chloride (ADBAC), 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 ADBAC 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 the initial filing of a pesticide petition proposing the establishment of regulations for residues of AE 0172747 and its metabolite AE 1417268 in or on various food and feed commodities.

EPA has received a specific exemption request from the Massachusetts Department of Agricultural Resources to use the pesticide pronamide (CAS No. 23950-58-5) to treat up to 8,000 acres of cranberries to control dodder. The applicant proposes a use which has been requested in 3 or more previous years, and a petition for tolerance 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 treatment program.

The Environmental Protection Agency (EPA or Agency), Science Advisory Board (SAB) Staff Office announces a public teleconference for the SAB Environmental Economics Advisory Committee (EEAC) to discuss its advisory activities.

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 scheduled to expire on October 31, 2006. 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 proposing to revoke certain tolerances for the insecticide endosulfan, the fungicides fenarimol, imazalil, and ziram; and the herbicide trifluralin. Also, EPA is proposing to modify certain tolerances for the insecticide endosulfan, the fungicides fenarimol, imazalil, and ziram; and the herbicides sodium acifluorfen and trifluralin. In addition, EPA is proposing to establish new tolerances for the insecticide endosulfan, the fungicides fenarimol, imazalil, and ziram; and the herbicides oryzalin and trifluralin. The regulatory actions proposed in this document are part of the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the tolerance reassessment requirements of the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by August 2006 to reassess the tolerances that were in existence on August 2, 1996. No tolerance reassessments will be counted at the time of a final rule because tolerances in existence on August 2, 1996, that are associated with actions proposed herein were previously counted as reassessed at the time of the completed Reregistration Eligibility Decision (RED), Report of the Food Quality Protection Act (FQPA) Tolerance Reassessment Progress and Risk Management Decision (TRED), or Federal Register action.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from March 27, 2006 to April 7, 2007, consists of the PMNs pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

This regulation establishes an exemption from the requirement of a tolerance for residues of the Pantoea agglomerans strain C9-1 on pears and apples when applied or used as a microbial pesticide. Nufarm, Inc. submitted a petition to EPA 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 Pantoea agglomerans strain C9-1.

This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the Bacillus Thuringiensis VIP3A Insect Control Protein in cotton when applied or used as a plant incorporated protectant. Syngenta Seeds, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an extension to the existing temporary exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus Thuringiensis VIP3A Insect Control Protein. The temporary tolerance exemption will expire on May 1, 2007. This regulation also removes 40 CFR 180.1247 Bacillus Thuringiensis VIP3A Insect Control Protein and establishes 40 CFR 174.452 Bacillus Thuringiensis VIP3A Insect Control Protein under Part 174Procedures and Requirements for Plant-incorporated protectants.

Region VIII of the EPA is hereby providing notice, and requesting public comment on EPA's decision to add Bear Creek (Segment COSPBE01a) to Colorado's list of water quality-limited segments in need of total maximum daily loads (TMDLs) pursuant to Clean Water Act Section 303(d)(2). Section 303(d)(2) of the Clean Water Act requires that states submit and EPA approve or disapprove lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards and for which TMDLs must be prepared. On April 12, 2006, EPA partially approved and partially disapproved Colorado's Section 303(d) list submittal for the 2006 listing cycle. Specifically, EPA approved Colorado's listing of 119 waters, associated pollutants, and associated priority rankings. EPA disapproved Colorado's decision not to list one segment of Bear Creek. EPA evaluated all the existing and readily available data and information on the Bear Creek segment and concluded that the aquatic life use in the Bear Creek, which includes the fishery, is not being fully met. Based on this evaluation EPA has determined that the Bear Creek segment is not fully attaining the water quality standards established by the State of Colorado and should be included on the State's list of impaired waters. Therefore, through its partial disapproval of the State's list, EPA added Bear Creek segment COSPBE01a to the State's list. This addition to the State's list includes only a portion of segment COSPBE01a (i.e., Bear Creek from below Evergreen Reservoir to Harriman Ditch). EPA is providing the public the opportunity to review its decision to add a portion of Bear Creek to Colorado's 2006 Section 303(d) list, as required by EPA's Public Participation regulations. EPA will consider public comments in reaching its final decision to add a portion of Bear Creek segment COSPBE01a to the State's list.

Georgia has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Georgia. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes 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 of the immediate final rule. Unless we get written comments which 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 action, we will withdraw the immediate final rule and it will not take effect. We will respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment.

Pursuant to section 112(l) of the Clean Air Act (``CAA''), the Maine Department of Environmental Protection (``ME DEP'') submitted a request for approval to implement and enforce ``Chapter 125: Perchloroethylene Dry Cleaner Regulation'' in place of the National Emissions Standard for Hazardous Air Pollutants for Perchloroethylene Dry Cleaning Facilities (``Dry Cleaning NESHAP'') as it applies to area sources. EPA has reviewed this request and determined that it satisfies the requirements necessary for approval. Thus, EPA is hereby granting ME DEP the authority to implement and enforce its perchloroethylene dry cleaner regulation in place of the Dry Cleaning NESHAP for area sources. This approval makes the ME DEP rule federally enforceable. Major sources remain subject to the Federal Dry Cleaning NESHAP.

This notice announces applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and the Stratospheric Ozone Protection Program.