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

The Environmental Protection Agency (EPA) is reopening the comment period for the proposed rule entitled ``Criteria for the Safe and Environmentally Protective Use of Granular Mine Tailings Known as `Chat'.'' This proposal was published on April 4, 2006 (71 FR 16729), and the comment period ended on May 4, 2006. However, because a commenter has requested additional time to respond to the issues raised in the proposal, we are reopening the comment period to allow for an additional 30 day comment period.

In compliance with the Paperwork Reduction Act (PRA) (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. The ICR, which is abstracted below, 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.

The EPA is announcing a public comment period for the draft document titled, ``Air Quality Criteria for Lead; Second External Review Draft'' (EPA/600/R-05/144aB-bB). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. EPA is releasing this draft document solely for the purpose of seeking public comment. It does not represent and should not be construed to represent any Agency policy, viewpoint, or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document.

EPA's grant regulations (40 CFR 35.115) require the Agency to evaluate the performance of agencies which receive grants. EPA's regulations for regional consistency (40 CFR 56.7) require that the Agency notify the public of the availability of the reports of such evaluations. EPA performed end-of-year evaluations of eight state air pollution control programs (Alabama Department of Environmental Management; Florida Department of Environmental Protection; Georgia Department of Natural Resources; Kentucky Environmental & Public Protection Cabinet; Mississippi Department of Environmental Quality; North Carolina Department of Environment and Natural Resources; South Carolina Department of Health and Environmental Control; and Tennessee Department of Environment and Conservation) and 12 local programs (City of Huntsville Division of Natural Resources, AL; Jefferson County Department of Health, AL; City of Jacksonville Environmental Quality Division, FL; Hillsborough County Environmental Protection Commission, FL; Miami-Dade County Air Quality Management Division, FL; Palm Beach County Health Department Division of Environmental Health, FL; Forsyth County Environmental Affairs Department, NC; Mecklenburg County Land Use and Environmental Services Agency, NC; Western North Carolina Regional Air Quality Agency, NC; Memphis-Shelby County Health Department, TN; Knox County Department of Air Quality Management, TN; and Nashville-Davidson County Metropolitan Public Health Department, TN). The 20 evaluations were conducted to assess the agencies' performance under the grants awarded by EPA under authority of section 105 of the Clean Air Act. EPA Region 4 has prepared reports for each agency identified above and these reports are now available for public inspection. The evaluations for the remainder of the local governments will be published at a later date.

Due to an adverse comment, EPA is withdrawing the March 22, 2006 direct final rule (see 71 FR 14399) to approve a PM10 State Implementation Plan (SIP) maintenance plan revision for the Lakeview, Oregon nonattainment area and to redesignate the area from nonattattainment to attainment for PM10. In the March 22, 2006 direct final rule, we stated that if we received adverse comments by April 21, 2006, the direct final rule would be withdrawn and would not take effect. EPA subsequently received adverse comment on that direct final rule. EPA will address all comments received in a subsequent final action based upon the proposed action also published on March 22, 2006 (see 71 FR 14438). EPA will not institute a second comment period on this document.

On December 11, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for miscellaneous coating manufacturing. The promulgated rule applies to the manufacture of coatings, such as paints, inks, and adhesives. The proposed amendments clarify that coating manufacturing means the production of coatings using operations such as mixing and blending; not reaction or separation processes used in chemical manufacturing. The proposed amendments also clarify the compliance date for certain equipment that is part of a chemical manufacturing process unit that is also used to produce a coating.

EPA is proposing to approve revisions to the South Coast Air Quality Management District's (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) and oxides of sulfur (SOx) emissions from facilities emitting 4 tons or more per year of NOX or SOx in the year 1990 or subsequent year under the SCAQMD's Regional Clean Air Incentives Market (RECLAIM) program. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

EPA is withdrawing a proposed rule published on June 6, 2002, pertaining to Pennsylvania's timing in incorporating on-board diagnostic (OBD) checks as an element of its motor vehicle inspection and maintenance (I/M) program. EPA's I/M requirements rule, or I/M rule, established deadlines by which states were to add OBD checks to their I/M programs (i.e., no later than January 1, 2002). However, EPA's I/M rule provided states the option to submit a request to EPA to delay OBD testing for no more than one additional year. Pennsylvania submitted a SIP revision requesting this optional one-year deadline extension on December 14, 2001. On June 6, 2002, EPA published a direct final rule (67 FR 38894) to approve Pennsylvania's request to delay OBD testing as a revision to the Pennsylvania State Implementation Plan (SIP). EPA received adverse comments during the comment period established for that rule. On August 5, 2002 EPA published a withdrawal notice (67 FR 50602) of its June 2002 direct final rule. As stated in EPA's direct final rule, upon EPA's withdrawal of the direct final rule, a proposed rulemaking action remained in place. EPA never took final action upon that proposed rule. Pennsylvania subsequently submitted two SIP revisions (on December 1, 2003 and January 30, 2004) that revised its I/M program in its entiretyincluding the incorporation of OBD checks as an element of its program. EPA published a final rule fully approving the Commonwealth's revamped I/M program on October 6, 2005 (70 FR 58313). Since EPA has fully approved the Commonwealth's I/M program (including the OBD check component of the program), EPA's proposed rule to grant the Commonwealth's request for an extension of the deadline to incorporate OBD checks is no longer necessary. On November 17, 2005, Pennsylvania formally requested withdrawal of its December 14, 2001 SIP revision from EPA. Therefore, EPA is today withdrawing its proposed rule (67 FR 38924) to grant the Commonwealth's OBD deadline extension.

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 July 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.

This document corrects an error in the amendatory instruction in a final rule which published on February 28, 2006, pertaining to revisions to the Wisconsin State Implementation Plan which make permanent all terms of Wisconsin's permits to construct, reconstruct, replace or modify sources unless the terms are revised through a revision of the construction permit or issuance of a new construction permit.

EPA is approving revisions to the Arizona Department of Environmental Quality (ADEQ), Pima County Department of Environmental Quality (PCDEQ), and Pinal County Air Quality Control District (PCAQCD) portions of the Arizona State Implementation Plan (SIP). These revisions concern particulate matter (PM-10) emissions from open burning. We are proposing to approve local rules that help regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

The U.S. Environmental Protection Agency (EPA) is undertaking to update and revise, where appropriate, the air quality criteria for sulfur oxides (SO\x\), last addressed in EPA/600/FP-93/002, ``Supplement to the Second Addendum (1986) to Air Quality Criteria for Particulate Matter and Sulfur Oxides (1982): Assessment of New Findings on Sulfur Dioxide Acute Exposure Health Effects in Asthmatic Individuals,'' published in August 1994 by the Office of Research and Development, National Center for Environmental Assessment. Interested parties are invited to assist the EPA in developing and refining the scientific information base for updating this assessment of scientific information for sulfur oxides by submitting research studies that have been published, accepted for publication, or presented at a public scientific meeting. Areas where additional new information will be particularly useful to EPA for this project are described in the SUPPLEMENTARY INFORMATION section of this notice.

This action adds the Brownfields State and Tribal Response (BSTR) grant program authorized by section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (CERCLA), to the list of environmental grant programs eligible for inclusion in Performance Partnership Grants (PPGs).

EPA is considering the disclosure of certain information that may be subject to a claim of confidential business information (CBI) in connection with a proceeding before EPA's Environmental Appeals Board (EAB). The information is the name and address of Animal Feeding Operations (AFOs) who have submitted consent agreements and final orders to EPA to resolve potential civil violations related to air emissions from their facilities. EPA is requesting comments from the effected AFOs regarding the potential disclosure of their names and address.

On October 10, 2003, the EPA proposed amendments to update five instrumental test methods that are used to measure air pollutant emissions from stationary sources. These amendments are finalized in this document and reflect changes to the proposal to accommodate the public comments. This action is made to improve the methods by simplifying, harmonizing, and updating their procedures. A large number of industries are already subject to provisions that require the use of these methods. Some of the affected industries and their North American Industrial Classification System (NAICS) are listed under SUPPLEMENTARY INFORMATION.

This notice informs the public of the availability of the final National Guidance: Best Management Practices for Preparing Vessels Intended to Create Artificial Reefs, which provides information on national environmentally-based best management practices for preparation of vessels to be sunk with the intention of creating artificial reefs. The U.S. Environmental Protection Agency (EPA) and the Maritime Administration (MARAD) jointly developed this guidance recommending environmental best management practices to be used in the preparation of vessels for use as artificial reefs as required by Section 3516 of the National Defense Authorization Act for Fiscal Year 2004. The first of its kind, this guidance document provides clean-up performance goals and information on methods for achieving those goals when preparing vessels prior to sinking.

EPA is approving a request, submitted in draft on November 16, 2005, and in final on January 27, 2006, through the Alabama Department of Environmental Management (ADEM), to redesignate the Birmingham 8- hour ozone nonattainment area (Birmingham area) to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Birmingham area is composed of two counties, Jefferson and Shelby. EPA's approval of the redesignation request is based on the determination that the Birmingham area and the State of Alabama have met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the Birmingham area has attained the 8-hour ozone standard. Additionally, EPA is approving an Alabama State Implementation Plan (SIP) revision containing a maintenance plan with a 2017 end year for the Birmingham area and approving the new Motor Vehicle Emission Budgets (MVEBs) for the year 2017 that are contained in the maintenance plan. This final rule also addresses comments made on EPA's proposed rulemaking for this action, previously published January 25, 2006 (71 FR 4077).

EPA is approving revisions to the Missouri State Implementation Plan (SIP) and Operating Permits Program. EPA is approving a revision to the Missouri rule entitled ``Submission of Emission Data, Emission Fees, and Process Information.'' This revision will ensure consistency between the state and the Federally-approved rules.

Due to an adverse comment, EPA is withdrawing its Notice of Proposed Rulemaking to redesignate the City of Weirton PM-10 nonattainment area to attainment and approval of the maintenance plan published on October 27, 2004 (69 FR 62637). EPA is also withdrawing the correcting amendment to the NPR published on November 9, 2004 (69 FR 64860).

Tennessee 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 Tennessee. 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.

EPA is finalizing its proposal to de-designate an existing ocean dredged material disposal site and designate a new ocean dredged material disposal site located offshore of Coos Bay, Oregon. EPA's proposed rule was published March 31, 2000. The new site is needed for long-term use by authorized Coos Bay navigation projects and may be available for use by persons meeting the criteria for ocean disposal of dredged material. The de-designation of the existing site allows for its incorporation into the newly designated site. This will allow EPA to manage the entire new site to avoid adverse mounding conditions and will ensure site capacity is sufficient for total volumes of dredged material. The newly designated site is necessary for current and future dredged material ocean disposal needs and will be subject to ongoing monitoring and management to ensure continued protection of the marine environment so as to mitigate adverse impacts on the environment to the greatest extent practicable.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of famoxadone in or on grapes and hops.