Environmental Protection Agency June 1, 2006 – Federal Register Recent Federal Regulation Documents

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement concerning the Many Diversified Interest Superfund Site, OU1, in Houston, Texas with the following party: Clinton Gregg Investments, Ltd. Under this Agreed Order, settling parties agree to perform cleanup work on an approximately 36 acre tract it is purchasing known as Operable Unit (``OU'') 1 of the Many Diversified Interests, Inc. (``MDI'') Superfund Site. The settlement includes a covenant not to sue pursuant to sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and section 7003 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6973. The settling parties also agree to implement institutional controls. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733. Commenters may request an opportunity for a public meeting in the affected area in accordance with section 703(d) of RCRA, 42 U.S.C. 6973(d).

Notice is hereby given that a petition has been received from the Commonwealth of Massachusetts requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the waters of Plymouth Bay, Plymouth Harbor, Kingston Bay, and Duxbury Bay; their respective coastlines and coastal tidal rivers.

EPA is proposing to approve a revision to the Ohio State Implementation Plan (SIP) to rescind a rule which originally affected stationary combustion sources located within Priority I regions of the State and, new sources regardless of location. The rule revision we are proposing to approve also applies to nitric acid manufacture. EPA is proposing to approve this rule rescission because we agree with Ohio that the rescinded rule is no longer the limiting regulation for any oxides of nitrogen (NOX) emission units in the State. The rule was originally approved over 30 years ago and has been superseded by a number of State regulations and Federal Regulations of equivalent or more stringent nature. The Ohio NOX SIP Call rules and Federal emissions standards for utility and industrial units all have greater potential for reducing emissions of NOX and improving human health than does the State's rescinded rule. Rescinding this rule removes any confusion in the affected community over which rule applies to NOX sources in Ohio. EPA believes that an approval of this rule revision request would have no adverse effect on air quality.

In this document, EPA is notifying the public that we have found that the motor vehicle emissions budgets in the Missoula, Montana Carbon Monoxide Maintenance Plan, that was submitted by Montana Governor Brian Schweitzer with a letter signed May 27, 2005, are adequate for transportation conformity purposes. 40 CFR 93.118(e)(2) requires that EPA declare an implementation plan submission's motor vehicle emissions budgets adequate for conformity purposes prior to the budgets being used to satisfy the conformity requirements of 40 CFR part 93. As a result of our finding, the Missoula City-County, the Montana Department of Transportation and the U.S. Department of Transportation are required to use the motor vehicle emissions budgets from this submitted maintenance plan for future transportation conformity determinations.

Because EPA received adverse comment, we are withdrawing the direct final rule amendments to the PM2.5 De Minimis Emission Levels for General Conformity Applicability, published in the Federal Register on April 5, 2006. We stated in the direct final rule amendments that if we received adverse comment by May 5, 2006, we would publish a timely notice of withdrawal in the Federal Register. We subsequently received adverse comment on the direct final rule amendments. We will address those comments in a subsequent final action based on the parallel proposal also published on April 5, 2006. As stated in the parallel proposal, we will not institute a second comment period on this action.

The EPA issued a final rule on August 10, 2000, that revised the monitoring requirements in Performance Specification 1 (PS-1). The revisions updated requirements for source owners and operators who must install and use continuous stack or duct opacity monitoring equipment. The revisions also updated design and performance validation requirements for continuous opacity monitoring system (COMS) equipment in PS-1. In addition to changes to PS-1, the final rule established differences between gaseous continuous emissions monitoring systems (CEMS) and COMS. The final rule contained a minor error in wording. This action is intended to correct this error. All other preamble and regulatory text printed in the August 10, 2000, final rule is correct.

EPA issued a final rule in the Federal Register of September 26, 2001, concerning a tolerance for combined residues of zoxamide, 3,5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-4- methylbenzamide and its metabolites 3,5-dichloro-1,4- benzenedicarboxylic acid, and 3,5-dichloro-4-hydroxymethylbenzoic acid in or on tomato and in or on the cucurbit vegetable crop group 9. This rule is being issued to correct the expression and placement of the tolerance for residues of zoxamide in or on tomato, and in or on cucurbit, vegetable crop group 9.

The Environmental Protection Agency (EPA) is approving an October 20, 2005, request from Ohio for a State Implementation Plan (SIP) revision of the Cuyahoga County carbon monoxide (CO) maintenance plan. The CO maintenance plan revision is an update to the current approved maintenance plan and continues to demonstrate maintenance of the CO National Ambient Air Quality Standard (NAAQS) for an additional 10 years. The maintenance plan revision is submitted as a limited maintenance plan for the Cuyahoga County, Ohio carbon monoxide area.