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

EPA is announcing that 12 specific inorganic bromide tolerances have been reassessed and is proposing to revoke them because they are no longer needed. These twelve tolerances are for residues of inorganic bromide from pre-plant (non-food) use in or on raw agricultural commodities grown in soil fumigated with combinations of chloropicrin, methyl bromide, and propargyl bromide. Although methyl bromide is used as an agricultural pesticide, the Agency considers its application as a soil fumigant to be a non-food use because it is quickly degraded or metabolized in the soil, and subsequently incorporated into natural plant constituents.Methyl bromide is also emitted to the atmosphere. Residues of the parent compound are not likely to be found in foods as a result of prior treatment of fields. While residues of inorganic bromide may be present, these residues are indistinguishable from background because of inorganic bromide's ubiquity in the environment. In addition, the Agency has concluded that inorganic bromide residue from such use is not of risk concern and has determined those twelve tolerances to be safe. Consequently, EPA is proposing to revoke them because no tolerances are needed for those non-food uses and the Agency considers these tolerances to be reassessed. Furthermore, since methyl bromide, when applied as a pre- plant soil fumigant is a non-food use, it should be added as an entry to 40 CFR 180.2020 noting the non-food use determination. The regulatory actions proposed in this document contribute toward the Agency's tolerance reassessment requirements under 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. The regulatory actions proposed in this document pertain to the proposed revocation of 12 tolerances that count as tolerance reassessments toward the August 2006 review deadline.

This rule reorganizes the existing tolerance exemptions for 12 chemical substances that are now classified as ``minimal risk.'' The Agency is shifting the existing tolerance exemptions for these chemicals to 40 CFR 180.950(e). The Agency is merely moving certain tolerance exemptions from one section of the CFR to another section. No tolerance exemptions are lost or added as a result of this action.

This notice announces the initial filing of a pesticide petition proposing the establishment of an exemption from the requirement of tolerances for residues of poly(2-ethylhexyl acrylate/2- hydroxyethyl acrylate/N-(hydroxymethyl)-2-methylacrylamide/methacrylic acid/methyl methacrylate/styrene, ammonium salt in or on various commodities when used as an inert in pesticide products.

The EPA is approving two separate State Implementation Plan (SIP) revisions submitted by the Governor of New Mexico. The first submittal, dated September 7, 2004, adopts local Ambient Air Quality Standards (AAQS) and incorporates by reference the Federal National Air Quality Standards (NAAQS) for the Albuquerque/Bernalillo County, New Mexico area. The second submittal, dated July 28, 2005, revises the Variance Procedure for the Albuquerque/Bernalillo County, New Mexico area. We are approving these two separate revisions in accordance with the requirements of the Clean Air Act (the Act), section 110.

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. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

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 reopens the public comment period originally established for the proposed rule issued in the Federal Register on March 7, 2006 (71 FR 11484) (FRL-7735-5). In that document, EPA proposed to amend the polymer exemption rule which provides an exemption from the premanufacture notification (PMN) requirements of the Toxic Substances Control Act (TSCA), to exclude from eligibility polymers containing as an integral part of their composition, except as impurities, certain perfluoroalkyl moieties consisting of a CF3- or longer chain length.

The Environmental Protection Agency (EPA) is making available to the public new information related to a November 4, 2005 proposed rule under the Significant New Alternatives Policy (SNAP) program under section 612 of the Clean Air Act (70 FR 67120). The SNAP program reviews alternatives to Class I and Class II ozone depleting substances and approves the use of alternatives which reduce the overall risk to public health and the environment. The November 4, 2005 proposed rule proposed to list two hydrochlorofluorocarbons (HCFCs)HCFC-22 and HCFC-142bas unacceptable substitutes in foam blowing applications, but proposed to grandfather existing users until January 1, 2010. In response to the November 2005 proposal, EPA received public comments, which have been made available through the Air Docket (see General Information section below for docket contact information). The Agency has also received additional information regarding the technical viability of non-ozone depleting alternatives in blowing agents available for polyurethane ``pour foam'' and the extruded polystyrene foam industries. Today, the Agency is requesting comment on these materials. We plan to consider this information, and any comment received during the comment period, in determining what future action to take on our November 4, 2005 proposal regarding the use of HCFC-22 and HCFC-142b in foam blowing applications. This information may impact the outcome of the final rule, such as adjusting the January 1, 2010 grandfathering date or clarifying the definition of ``existing use.''

This notice announces receipt of an application 524-EUP-OT from Monsanto Company requesting an experimental use permit (EUP) for the plant-incorporated protectants Bacillus thuringiensis Cry1A.105 protein and the genetic material necessary (vector PV-ZMIR245) for its production in MON 89034 corn, Bacillus thuringiensis Cry2Ab2 protein and the genetic material necessary (vector PV-ZMIR245) for its production in MON 89034 corn, and Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary (vector PV-ZMIR39) for its production in MON 88017 corn. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.

This notice announces the initial filing of a pesticide petition proposing the establishment of a temporary exemption from the requirement of a tolerance for the residues of the plant-incorporated protectants Bacillus thuringiensis Cry2Ab2 and the genetic material necessary for its production in corn in or on all corn commodities.

The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB or the Board) Staff Office is soliciting nominations of nationally recognized scientists for consideration of membership on an SAB Panel to review the Draft Technical Document for EPA's Report on the Environment 2007.

On May 13, 2005, and later clarified in a July 12, 2005, supplemental submittal, the Commonwealth of Kentucky submitted a request to redesignate the sulfur dioxide (SO2) nonattainment area of Boyd County to attainment of the National Ambient Air Quality Standards (NAAQS) for SO2. Boyd County is located within the Huntington-Ashland, West Virginia (WV)Kentucky (KY)Ohio (OH) Metropolitan Statistical Area (MSA), and the Boyd County SO2 nonattainment area is comprised of the southern portion of Boyd County. The Commonwealth also submitted, as revisions to the Kentucky State Implementation Plan (SIP), a maintenance plan for the area and a source-specific SIP revision for the Calgon Carbon Corporation facility in Catlettsburg, Kentucky. EPA is proposing to approve the redesignation request for the Boyd County SO2 nonattainment area and the maintenance plan for this area. The maintenance plan provides for the maintenance of the SO2 NAAQS in Boyd County for the next ten years. EPA is also proposing to approve the source-specific SIP revision for the Calgon Carbon Corporation facility.

The Association of American Pesticide Control Officials (AAPCO)/State-FIFRA Issues Research and Evaluation Group (SFIREG) will hold a 2-day meeting, beginning on June 19, 2006 and ending June 20, 2006. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

The EPA Science Advisory Board (SAB) Staff Office announces a public face-to-face meeting of the chartered SAB to discuss EPA Regional science programs, review and approve one or more draft SAB Committee reports, and continue the planning of upcoming SAB meetings.

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 request for amendments by ABERCO, Inc. to delete uses in certain pesticide registrations. Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register.

The Environmental Protection Agency (EPA) Region 8 announced its intent to delete the Internal Parcel, encompassing 7,399 acres of the Rocky Mountain Arsenal National Priorities List Site (RMA/NPL Site) On-Post Operable Unit (OU), from the National Priorities List (NPL) on April 26, 2006. The 30-day public comment period is scheduled to end on May 26, 2006. EPA has received a request to extend the public comment period. In response, EPA is extending the public comment period for an additional 30 days concluding on June 26, 2006. The NPL constitutes Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA bases its proposal to delete the Internal Parcel of the RMA/NPL Site on the determination by EPA and the State of Colorado, through the Colorado Department of Public Health and Environment (CDPHE), that all appropriate actions under CERCLA have been implemented to protect human health, welfare, and the environment and that no further response action by responsible parties is appropriate. This partial deletion pertains to the surface media (soil, surface water, sediment) and structures within the Internal Parcel of the On- Post OU of the RMA/NPL Site as well as the groundwater below the Internal Parcel that is east of E Street, with the exception of a small area of contaminated groundwater located in the northwest corner of Section 6. The rest of the On-Post OU, including groundwater below RMA that is west of E Street, and the Off-Post OU will remain on the NPL and response activities will continue at those OUs.

EPA is taking direct final action on amendments to the national emission standards for hazardous air pollutants (NESHAP) for the printing and publishing industry which were promulgated on May 30, 1996, under the authority of section 112 of the Clean Air Act (CAA). The direct final rule amendments amend specific provisions in the Printing and Publishing Industry NESHAP to resolve issues and questions raised after promulgation of the final rule and to correct errors in the regulatory text. This action also makes direct final rule amendments to the Paper and Other Web Coating NESHAP and the Printing, Coating, and Dyeing of Fabric and Other Textiles NESHAP to clarify the interaction between these rules and the Printing and Publishing Industry NESHAP.

EPA is announcing that Eastern Research Group, Inc., an EPA contractor for external scientific peer review, plans to convene an independent panel of experts and organize and conduct an external peer review workshop to review the external review draft document titled, ``A Framework for Assessing Health Risks of Environmental Exposures to Children'' (EPA/600/R-05/093A). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. This document is available on the Internet at: https://cfpub.epa.gov/ncea/cfm/recordisplay/cfm?deid=150263. EPA is releasing this draft document solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. Eastern Research Group, Inc. invites the public to register to attend this workshop as observers. In addition, Eastern Research Group, Inc. invites the public to give oral and/or provide written comments at the workshop regarding the draft document under review. The draft document and EPA's peer review charge are available primarily via the Internet on NCEA's home page under the Recent Additions and the Data and Publications menus at https:// www.epa.gov/ncea. On March 14, 2006, EPA announced a 45-day public comment period on the draft document (71 FR 13125). The public comment period and the external peer review workshop are separate processes that provide opportunities for all interested parties to comment on the document. EPA has provided Eastern Research Group, Inc. with the public comments EPA received. In preparing a final report, EPA will consider public comments it received during the public comment period and will consider the Eastern Research Group, Inc. report of the comments and recommendations from the external peer-review workshop.

EPA is announcing that Versar, Inc., an EPA contractor for external scientific peer review, plans to convene an independent panel of experts and organize and conduct an external peer review meeting to review the draft document titled, ``Harmonization in Interspecies Extrapolation: Use of BW3/4 as Default Method in Derivation of the Oral RfD'' (EPA/630/R-06/001). The peer review meeting is planned to take place by teleconference. On Februrary 15, 2006, EPA announced a 60-day public comment period for the draft document (71 FR 7958). The draft document was prepared by the Agency's Risk Assessment Forum. The public comment period and the external peer review are separate processes that provide opportunities for all interested parties to comment on the document. In addition to considering public comments submitted in accordance with the February 15, 2006, announcement of a public comment period, EPA intends to forward those comments to Versar, Inc. for the external peer review panel prior to the teleconference. EPA is releasing this draft document solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. The public will be given an opportunity to observe and provide oral comments at this teleconference by registering with Versar, Inc. (see FOR FURTHER INFORMATION CONTACT, below). The draft document and the charge questions for EPA's external peer review are available primarily via the Internet on the Risk Assessment Forum's home page under the External Review Drafts menu at https://cfpub.epa.gov/ncea/raf/index.cfm. In preparing a final report, EPA will consider Versar Inc.'s report of the comments and recommendations from the external peer review meeting and any public comments that EPA receives in accordance with the February 15, 2006, notice (71 FR 7958).

EPA today, pursuant to section 209(e) of the Clean Air Act (Act), 42 U.S.C. 7543(b), is authorizing California to enforce its regulations setting emission standards and other requirements for large off-road spark-ignition engines.

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 November 30, 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.

The EPA is proposing to approve revisions to the Indiana particulate matter (PM10) State Implementation Plan (SIP). On December 15, 2005, Indiana requested revisions for sources at the ASF Keystone, Inc. (Keystone) coil spring manufacturing facility in Lake County, Indiana. The requested revisions will increase the PM10 emission limit for one unit and reduce the limits for two units. The changes result in a net decrease in the allowable emissions. The emission limits for a fourth unit that has shut down are also being removed. Indiana also requested removing the process weight rate limits and using pounds of PM10 per hour (lb/hr) as the short-term emission limit. The maximum permissible PM10 emissions will not increase after removing the process weight rate limits because of the net decrease in short-term emission limits.

By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks (OUST) is advising the public of the future availability of draft grant guidelines EPA is developing to help states comply with requirements for receiving funding under Subtitle I of the Solid Waste Disposal Act as established in Title XV, Subtitle B of the Energy Policy Act of 2005. EPA is asking the public to comment on the guidelines as they become available. EPA also is advising the public of the future availability of a draft tribal strategy to implement section 1529 of the Energy Policy Act of 2005, and asking for public comment as it becomes available. EPA encourages interested stakeholders to regularly check EPA's Web site at: https:// www. epa.gov/oust/fedlaws/ epact 05.htm# Drafts where we will post the draft guidelines and draft tribal strategy as they become available over the next three months. You also may send an e-mail to OUSTEnergy Policy ActEmailList@epa.gov requesting that we notify you when the drafts are posted on EPA's Web site.