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

Dichlorvos (DDVP); Notice of Receipt of Request to Amend to Terminate Uses of Certain Pesticide Registrations
Document Number: 06-5893
Type: Notice
Date: 2006-06-30
Agency: Environmental Protection Agency
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 a request by the registrant to amend their registrations to terminate uses of certain products containing the pesticide DDVP. The request would terminate DDVP use in or on: Mushroom house (hand held fogger); Greenhouse (hand held fogger); Warehouse (hand held fogger); Residential Crack and Crevice use; Residential Total Release Fogger; Lawn, Turf and Ornamentals; 21 gram Pest Strip; 65 gram Pest Strip; 80 gram Pest Strip; and 100 gram Pest Strip. The request would not terminate the last DDVP products registered for use in the United States. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request. In addition, EPA will not approve the request as to the 21 gram, 65 gram, or 80 gram pest strips prior to EPA approving the replacement registrations, per the registrant's May 9, 2006 letter to EPA. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order.
Dichlorvos Interim Reregistration Eligibility Decision; Notice of Availability
Document Number: 06-5892
Type: Notice
Date: 2006-06-30
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Interim Reregistration Eligibility Decision (IRED) for the organophosphate (OP) pesticide dichlorvos (DDVP), and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the DDVP Docket. DDVP is an organophosphate insecticide and fumigant registered for use in controlling flies, mosquitoes, gnats, cockroaches, fleas, and other insect pests. EPA has reviewed DDVP through 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.
Revised National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations in Response to Waterkeeper Decision
Document Number: 06-5773
Type: Proposed Rule
Date: 2006-06-30
Agency: Environmental Protection Agency
EPA is proposing to revise the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs) in response to the order issued by the Second Circuit Court of Appeals in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). This proposed rule responds to the court order while furthering the statutory goal of restoring and maintaining the nation's water quality and effectively ensuring that CAFOs properly manage manure generated by their operations. This proposal would revise several aspects of EPA's current regulations governing discharges from CAFOs. First, EPA proposes to require only the owners and operators of those CAFOs that discharge or propose to discharge to seek coverage under a permit. Second, EPA proposes to require CAFOs seeking coverage under a permit to submit their nutrient management plan (NMP) with their application for an individual permit or notice of intent to be authorized under a general permit. Permitting authorities would be required to review the plan and provide the public with an opportunity for meaningful public review and comment. Permitting authorities would also be required to incorporate terms of the NMP as NPDES permit conditions. Third, this action proposes to authorize permit writers, upon request by a CAFO, to establish best management, zero discharge effluent limitations when the facility demonstrates that it has designed an open containment system that will comply with the no discharge requirements. This proposed rule also responds to the court's remand orders regarding water-quality based effluent limitations (WQBELs) and pathogens. EPA proposes to clarify that WQBELs are available in permits with respect to production area discharges and non-precipitation related discharges from land application, but are statutorily unavailable in permits for Large CAFOs with respect to precipitation related land application discharges because the only allowable discharge from a land application area is due to agricultural storm water which is by statute exempt from permitting requirements. Finally, EPA proposes to clarify its selection of BCT technologies for pathogens (fecal coliform), and reaffirm its decision to set the BCT limitations for fecal coliform to be equal to the BPT limits established in the 2003 CAFO rule.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: E6-10105
Type: Proposed Rule
Date: 2006-06-28
Agency: Environmental Protection Agency
The Environmental Protection Agency, Region 8 (EPA) announces its intent to delete portions of the Ellsworth Air Force Base (AFB) Site located in Meade and Pennington Counties, South Dakota, from the National Priorities List (NPL) and requests public comment on this action. The NPL constitutes Appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR Part 300, which EPA promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The EPA has determined, with the concurrence of the State of South Dakota through the Department of Environment and Natural Resources (SDDENR) that for the parcels proposed for deletion, all appropriate actions under CERCLA have been implemented to protect human health, welfare and the environment and no further response action by responsible parties is appropriate. This partial deletion pertains to surface soil, unsaturated subsurface soil, surface water, and sediments at Operable Units 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12, and excludes the ground water medium at these parcels. The ground water medium at the Ellsworth AFB Site (OU-11, Basewide Ground Water), and the soil medium (surface and unsaturated subsurface soils) at OU-1, Fire Protection Training Area, will remain on the NPL and response activities will continue for those OUs. Two additional areas not associated with an operable unit, the Gateway Lake Ash Study Area and the Pride Hangar Study Area, are currently under investigation and are also not part of this partial deletion.
Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units: Reconsideration
Document Number: E6-10095
Type: Proposed Rule
Date: 2006-06-28
Agency: Environmental Protection Agency
On December 16, 2005, EPA published a final rule entitled, ``Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units.'' Following that final action, the Administrator received a petition for reconsideration. In response to the petition, EPA is announcing its reconsideration of and requesting comment on whether sewage and sludge incinerators should be excluded from the other solid waste incineration units (OSWI) rules.
Myclobutanil; Pesticide Tolerances for Emergency Exemptions
Document Number: E6-10093
Type: Rule
Date: 2006-06-28
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for legume vegetables (except soybeans) and foliage of legume vegetables (except soybeans) of myclobutanil in or on vegetable, legume (except soybeans) and vegetable, foliage of legume (except soybeans). This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on vegetable, legume (except soybeans) and vegetable, foliage of legume (except soybeans). This regulation establishes a maximum permissible level for residues of myclobutanil in this food commodity. These tolerances will expire and are revoked on June 30, 2009.
Phosphorous Acid; Proposed Amendment to Exemption From Tolerance
Document Number: E6-10031
Type: Proposed Rule
Date: 2006-06-28
Agency: Environmental Protection Agency
This document proposes to amend the existing tolerance exemption for residues of phosphorous acid and its ammonium, sodium, and potassium salts in or on all food commodities to allow for post- harvest application to stored potatoes at 35,600 ppm or less phosphorous acid.
Naptalam Sodium; Reregistration Eligibility Decision for Low Risk Pesticide; Notice of Availability
Document Number: 06-5862
Type: Notice
Date: 2006-06-28
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide naptalam sodium, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide naptalam sodium 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.
Notice of Filing of a Pesticide Petition for Establishment of an Exemption from the Requirement of Tolerances for Residues of Acetic Acid Ethenyl Ester, Polymer with 1-Ethenyl-2-Pyrrolidinone in or on Various Food Commodities; Correction
Document Number: 06-5859
Type: Notice
Date: 2006-06-28
Agency: Environmental Protection Agency
EPA issued a notice in the Federal Register of May 31, 2006, concerning 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 food commodities. This document is being issued to correct the chemical name and the petitioner's name.
Phytophthora Palmivora (MWV) and Methyl Salicylate; Reregistration Eligibility Decision; Notice of Availability
Document Number: 06-5855
Type: Notice
Date: 2006-06-28
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide Phytophthora palmivora (MWV) and methyl salicylate, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the Phytophthora palmivora MWV and methyl salicylate Docket. Phytophthora palmivora MWV is expected to control milk weed vine in citrus groves in certain counties of Florida. Methyl salicylate is a biochemical insect and animal repellent. EPA has reviewed Phytophthora palmivora MWV and methyl salicylate through 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.
Ethephon; Tolerance Reassessment Decision for Low Risk Pesticide; Notice of Availability
Document Number: 06-5854
Type: Notice
Date: 2006-06-28
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Tolerance Reassessment Decision (TRED) for the pesticide ethephon, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed this pesticide ethephon through a modified, streamlined version of the public participation process that the Agency uses to involve the public in developing pesticide tolerance reassessment and reregistration decisions. Through the tolerance reassessment program, EPA is ensuring that all pesticides meet current health and food safety standards.
Permethrin Reregistration Eligibility Decision; Notice of Availability
Document Number: 06-5853
Type: Notice
Date: 2006-06-28
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide permethrin, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the permethrin Docket. Permethrin is part of the pyrethroid class of pesticides and was first registered in 1979. It is a broad spectrum, non-systemic, synthetic pyrethroid insecticide, and is registered for use on numerous food/feed crops, livestock and livestock housing, modes of transportation, structures, buildings, Public Health Mosquito abatement programs, numerous indoor and outdoor residential spaces, pets, and clothing. EPA has reviewed permethrin through 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.
Notice of Charter Renewal
Document Number: 06-5852
Type: Notice
Date: 2006-06-28
Agency: Environmental Protection Agency
Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; State of Arizona; Maricopa County Air Quality Department; State of California; San Joaquin Valley Unified Air Pollution Control District; State of Nevada; Nevada Division of Environmental Protection
Document Number: 06-5842
Type: Proposed Rule
Date: 2006-06-28
Agency: Environmental Protection Agency
Pursuant to section 112(l) of the 1990 Clean Air Act, EPA granted delegation of specific national emission standards for hazardous air pollutants (NESHAPs) to the Maricopa County Air Quality Department on May 16, 2006, to the San Joaquin Valley Unified Air Pollution Control District on October 31, 2005, and to the Nevada Division of Environmental Protection on May 9, 2006. EPA is proposing to revise the Code of Federal Regulations to reflect the current delegation status of NESHAPs in Arizona, California, and Nevada.
Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories; State of Arizona; Maricopa County Air Quality Department; State of California; San Joaquin Valley Unified Air Pollution Control District; State of Nevada; Nevada Division of Environmental Protection
Document Number: 06-5841
Type: Rule
Date: 2006-06-28
Agency: Environmental Protection Agency
EPA is amending certain regulations to reflect the current delegation status of national emission standards for hazardous air pollutants (NESHAPs) in Arizona, California, and Nevada. Several NESHAPs were delegated to the Maricopa County Air Quality Department on May 16, 2006, to the San Joaquin Valley Unified Air Pollution Control District on October 31, 2005, and to the Nevada Division of Environmental Protection on May 9, 2006. The purpose of this action is to update the listing in the Code of Federal Regulations.
Formetanate Hydrochloride Interim Reregistration Eligibility Decision; Notice of Availability
Document Number: 06-5837
Type: Notice
Date: 2006-06-28
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Interim Reregistration Eligibility Decision (IRED) for the N-methyl carbamate pesticide formetanate hydrochloride (formetanate HCl), and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the formetanate HCl Docket. Formetanate HCl, a miticide/insecticide, is used on orchard crops and alfalfa grown for seed. EPA has reviewed formetanate HCl through 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.
Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
Document Number: 06-5674
Type: Notice
Date: 2006-06-28
Agency: Environmental Protection Agency
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 by registrants to voluntarily cancel certain pesticide registrations and providing a public comment period.
Draft Toxicological Review of Dibutyl Phthalate (Di-n-Butyl Phthalate): In Support of the Summary Information in the Integrated Risk Information System (IRIS)
Document Number: E6-10103
Type: Notice
Date: 2006-06-27
Agency: Environmental Protection Agency
EPA is announcing that the Oak Ridge Institute of Science and Education (ORISE), under an Interagency agreement between the Department of Energy and EPA, will convene an independent panel of experts and organize and conduct an external peer-review workshop to review the external review draft document titled, Toxicological Review of Dibutyl Phthalate (Di-n-Butyl Phthalate): In Support of Summary Information in the Integrated Risk Information System (IRIS) (NCEA-S- 1755). The EPA also is announcing a public comment period for the draft document. EPA will consider comments and recommendations from the public and the expert panel meeting when EPA finalizes the draft document. 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. In addition to consideration by EPA, all public comments submitted in accordance with this notice will also be forwarded to EPA's contractor for consideration by the external peer-review panel prior to the workshop. 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. ORISE invites the public to register to attend this workshop as observers. In addition, ORISE invites the public to give brief oral comments at the workshop regarding the draft document under review. The draft document and EPA's peer-review charge are available via the Internet on NCEA's home page under the Recent Additions and the Data and Publications menus at http://www.epa.gov/ncea. When finalizing the draft document, EPA will consider ORISE's report of the comments and recommendations from the external peer-review workshop and any public comments that EPA receives in accordance with this notice.
Public Law-105-270, The Federal Activities Inventory Reform Act (FAIR) of 1998; Notice of Public Availability of EPA Revised 2005 Inventory of Activities That Are Not Inherently Governmental and of Activities That Are Inherently Governmental
Document Number: E6-10101
Type: Notice
Date: 2006-06-27
Agency: Environmental Protection Agency
In accordance with the FAIR Act, agency revised inventories of activities that are not inherently governmental are now available to the public from the Environmental Protection Agency. The FAIR Act requires that the agency publish an announcement of public availability of the 2005 agency inventories of activities that are not inherently governmental when the FAIR Act Challenge Process results in a change to an agency inventory. This is the second release of the 2005 FAIR Act inventories. The EPA has made the revised 2005 FAIR Act inventories available for review through http://www.epa.gov/oarm/inventory/2005/2005inventory.html.
Romarc Industries Superfund Site; Williston, Levy County, FL; Notice of Settlement
Document Number: E6-10096
Type: Notice
Date: 2006-06-27
Agency: Environmental Protection Agency
Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLS), the United States Environmental Protection Agency has entered into a proposed settlement for the reimbursement of past response costs concerning the Romarc Industries Superfund Site located in Williston, Levy County, Florida.
Maine Marine Sanitation Device Standard-Notice of Determination
Document Number: E6-10092
Type: Notice
Date: 2006-06-27
Agency: Environmental Protection Agency
I, the Regional Administrator of the Environmental Protection AgencyNew England Region, have determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the Casco Bay area covered under this determination.
Approval and Promulgation of Implementation Plans; State of Missouri
Document Number: 06-5713
Type: Rule
Date: 2006-06-27
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) submission by the State of Missouri which revises the Construction Permits Required rule and takes no action on the revisions made to the Emissions Banking and Trading rule. A proposal was published on April 14, 2006, in the Federal Register, and no comments were received. As proposed, we are approving most of the revisions to the Construction Permits Required rule because the revisions incorporate, by reference, the Federal New Source Review reforms, published in the Federal Register on December 31, 2002. As requested by Missouri, EPA is not acting on portions of the state rule relating to Clean Unit Exemptions, Pollution Control Projects, and a portion of the record keeping provisions for the actual-to-projected-actual emissions projections test.
Oregon: Final Authorization of State Hazardous Waste Management Program Revision
Document Number: E6-10021
Type: Rule
Date: 2006-06-26
Agency: Environmental Protection Agency
On December 14, 2005, Oregon applied to EPA for authorization of changes to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). EPA reviewed Oregon's application and published a proposed rule on April 14, 2006 (71 FR 19471) seeking public comment on EPA's preliminary determination to grant authorization of the changes. Since EPA received no comments on the proposed rule, EPA is granting final authorization of the state's changes in this final rule.
Approval and Promulgation of Implementation Plans; State of Missouri
Document Number: 06-5625
Type: Rule
Date: 2006-06-26
Agency: Environmental Protection Agency
We are taking final action to approve a revision to the maintenance plan prepared by Missouri to maintain the national ambient air quality standard for ozone in the Missouri portion of the Kansas City maintenance area. This plan is applicable to Clay, Jackson and Platte Counties. The effect of this approval is to ensure Federal enforceability of the state air program plan and to maintain consistency between the state-adopted plan and the approved SIP.
Approval and Promulgation of Implementation Plans; State of Missouri
Document Number: 06-5624
Type: Proposed Rule
Date: 2006-06-26
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri for maintaining the ozone standard in Kansas City.
Approval and Promulgation of Implementation Plans; State of Kansas
Document Number: 06-5623
Type: Rule
Date: 2006-06-26
Agency: Environmental Protection Agency
We are taking final action to approve a revision to the maintenance plan prepared by Kansas to maintain the national ambient air quality standard (NAAQS) for ozone in the Kansas portion of the Kansas City maintenance area. This plan is applicable to Johnson and Wyandotte counties in Kansas. The effect of this approval is to ensure Federal enforceability of the state air program plan and to maintain consistency between the state-adopted plan and the approved SIP.
Approval and Promulgation of Implementation Plans; State of Kansas
Document Number: 06-5622
Type: Proposed Rule
Date: 2006-06-26
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Kansas for updating the maintenance plan to maintain the ozone standard in Kansas City.
Pesticide Reregistration Performance Measures and Goals
Document Number: E6-9956
Type: Notice
Date: 2006-06-23
Agency: Environmental Protection Agency
This notice announces EPA's progress in meeting its performance measures and goals for pesticide reregistration during fiscal year 2005. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to publish information about EPA's annual achievements in this area. This notice discusses the integration of tolerance reassessment with the reregistration process, and describes the status of various regulatory activities associated with reregistration and tolerance reassessment. The notice gives total numbers of chemicals and products reregistered, tolerances reassessed, Data Call-Ins issued, and products registered under the ``fast-track'' provisions of FIFRA. Finally, this notice contains the schedule for completion of activities for specific chemicals during fiscal years 2006 through 2008.
Environmental Impacts Statements; Notice of Availability
Document Number: E6-9951
Type: Notice
Date: 2006-06-23
Agency: Environmental Protection Agency
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
Document Number: E6-9950
Type: Rule
Date: 2006-06-23
Agency: Environmental Protection Agency
On June 22, 2000 ``65 FR 38806), EPA published a (Notice of intent to delete 3.45 acres of land from the Motor Wheel Disposal site from the National Priorities List; request for comments'', and on June 22, 2000 (65 FR 38774), a ``Direct final notice of deletion for 3.45 acres of land for the Motor Wheel Superfund Site from the National Priorities List (NPL).'' The EPA is publishing this Technical Correction to the June 22, 2000 final notice of deletion due to errors that were published in that notice and in the National Priorities List at 40 CFR part 300, Appendix B. After review of the final notice of deletion and the National Priorities List, EPA is publishing this Technical Correction today to change the word ``removing'' in the June 22, 2000 Direct final notice of deletion to the word ``revising'' and to amend 40 CFR part 300, Appendix B by adding the Motor Wheel, Lansing, Michigan, and inserting a ``P'' in the Notes(a) column for the Motor Wheel Site, Lansing, Michigan. EPA will place a copy of the final partial deletion package in the site repositories.
Certain New Chemicals; Receipt and Status Information
Document Number: E6-9862
Type: Notice
Date: 2006-06-23
Agency: Environmental Protection Agency
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 May 22, 2006 to June 2, 2006, 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.
Protections for Subjects in Human Research; Nursing Women
Document Number: 06-5649
Type: Rule
Date: 2006-06-23
Agency: Environmental Protection Agency
EPA is taking direct final action to explicitly ban research for pesticides involving intentional exposure of human subjects who are nursing women, and therefore providing protection to any nursing infants who may also be exposed. The direct final rule also prohibits EPA reliance in actions under the pesticide laws on research involving intentional exposure of nursing women.
Protections for Subjects in Human Research; Nursing Women
Document Number: 06-5648
Type: Proposed Rule
Date: 2006-06-23
Agency: Environmental Protection Agency
EPA is proposing to amend EPA's final rule promulgated on January 26, 2006, concerning the protection of human subjects in research. The proposed amendments would explicitly ban research for pesticides involving intentional exposure of human subjects who are nursing women, and prohibit EPA reliance in actions under the pesticide laws on research involving intentional exposure of nursing women. EPA believes that these proposed amendments are non-controversial and does not expect to receive any adverse comments. Therefore, in addition to this Notice of Proposed Rulemaking, elsewhere in this issue of the Federal Register, EPA is promulgating these amendments as a direct final rule.
Spinosad; Pesticide Tolerance Technical Correction
Document Number: 06-5629
Type: Rule
Date: 2006-06-23
Agency: Environmental Protection Agency
EPA issued a final rule in the Federal Register of March 8, 2006 (FRL-7758-2) concerning the establishment of tolerances for residues of spinosad in or on various commodities. This document is being issued to correct a typographical omission.
Regulation of Fuel and Fuel Additives: Reformulated Gasoline Requirements for Former Severe Nonattainment Areas Under the 1-Hour Ozone Standard That Were Redesignated to Attainment for the 1-Hour Standard Prior to Its Revocation, and Which Are Current Nonattainment Areas for the 8-Hour Ozone Standard
Document Number: 06-5620
Type: Proposed Rule
Date: 2006-06-23
Agency: Environmental Protection Agency
EPA is seeking comment on two alternative proposals regarding reformulated gasoline requirements for an area formerly classified as a severe ozone nonattainment area under the 1-hour ozone national ambient air quality standard (``NAAQS'' or ``standard'') that was redesignated to attainment for that standard before its revocation, and which is currently designated as nonattaiment for the 8-hour ozone standard. Under the first option, this area would be required to use federal reformulated gasoline (RFG) at least until it is redesignated to attainment for the 8-hr NAAQS. Under the second option, the State could request the removal of RFG, and EPA would grant such a request upon a demonstration that removal would not result in loss of any RFG-related emission reductions relied upon in the State's Implementation Plan (SIP) for ozone. Atlanta is the only area that falls within the scope of this proposal.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List Update
Document Number: 06-5569
Type: Proposed Rule
Date: 2006-06-23
Agency: Environmental Protection Agency
The United States Environmental Protection Agency (EPA) Region 6 is issuing a notice of intent to delete the Brio Refining, Inc. Superfund Site (Site), located in Friendswood, Texas, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. In the ``Rules and Regulations'' Section of today's Federal Register, we are publishing a direct final notice of deletion of the Brio Refining, Inc. Superfund Site without prior notice of intent to delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no adverse comment(s) on this notice of intent to delete or the direct final notice of deletion, we will not take further action on this notice of intent to delete. If we receive adverse comment(s), we will withdraw the direct final notice of deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. We will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of deletion which is located in the Rules section of this Federal Register.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List Update
Document Number: 06-5568
Type: Rule
Date: 2006-06-23
Agency: Environmental Protection Agency
The United States Environmental Protection Agency (EPA) Region 6 is publishing a direct final notice of deletion of the Brio Refining, Inc. Superfund Site (Site), located in Friendswood, Texas, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR Part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final notice of deletion is being published by EPA with the concurrence of the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is not appropriate.
Proposed Cercla Administrative Cost Recovery Settlement; Chester Realty Trust and Warren W. Kean, Mohawk Tannery Superfund Site, Nashua, NH
Document Number: E6-9871
Type: Notice
Date: 2006-06-22
Agency: Environmental Protection Agency
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 for recovery of costs concerning the Mohawk Tannery Superfund Site in Nashua, New Hampshire (``Site''). The settlement resolves the liability of Chester Realty Trust, which is the owner of the Site, and Warren W. Kean (``Settling Parties'') for the recovery of costs incurred and to be incurred by the United States and the State of New Hampshire (``Government Parties'') in response to releases and threatened releases of hazardous substances at the Site pursuant to Sections 106 and 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9606 and 9607(a). EPA has incurred $3,452,311.00 in response costs relating to this Site. This is an ability to pay settlement based upon EPA's review of financial documentation provided to the United States by the Settling Parties. This settlement calls for the liquidation of all property owned by Chester Realty Trust, including the Site property, and payment of net insurance proceeds from claims made against insurance carriers. In addition, Warren W. Kean will make a cash payment to the Government Parties. The settlement includes a covenant not to sue the Settling Parties pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). 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 One Congress Street, Boston, MA 02214-2023 (Telephone No. 617-918-1089).
Agency Information Collection Activities: Request for Renewal of Information Collection for EPA's National Environmental Performance Track Program, EPA ICR Number 1949.05, OMB Control Number 2010-0032
Document Number: E6-9870
Type: Notice
Date: 2006-06-22
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (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 August 31, 2006. The request will be to renew the existing approved collection (EPA ICR Number 1949.03, OMB Control Number 2010-0032, National Environmental Performance Track Program). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collections as described below.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List Update
Document Number: E6-9748
Type: Rule
Date: 2006-06-22
Agency: Environmental Protection Agency
The United States Environmental Protection Agency (EPA) Region 6 is publishing a direct final notice of deletion of the Dixie Oil Processors, Inc. Superfund Site (Site), located in Friendswood, Texas, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final notice of deletion is being published by EPA with the concurrence of the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is not appropriate.
National Oil and Hazardous Substance Pollution Contingency Plan
Document Number: E6-9747
Type: Proposed Rule
Date: 2006-06-22
Agency: Environmental Protection Agency
The United States Environmental Protection Agency (EPA) Region 6 is issuing a notice of intent to delete the Dixie Oil Processors, Inc. Superfund Site (Site), located in Friendswood, Texas, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. In the ``Rules and Regulations'' Section of today's Federal Register, we are publishing a direct final notice of deletion of the Dixie Oil Processors, Inc. Superfund Site without prior notice of intent to delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no adverse comment(s) on this notice of intent to delete or the direct final notice of deletion, we will not take further action on this notice of intent to delete. If we receive adverse comment(s), we will withdraw the direct final notice of deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. We will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of deletion which is located in the Rules section of this Federal Register.
Outer Continental Shelf Air Regulations; Consistency Update for California
Document Number: E6-9746
Type: Rule
Date: 2006-06-22
Agency: Environmental Protection Agency
EPA is finalizing the updates of the Outer Continental Shelf (``OCS'') Air Regulations proposed in the Federal Register on December 1, 2005 and July 6, 2005. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act Amendments of 1990 (``the Act''). The portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District, South Coast Air Quality Management District, State of California and Ventura County Air Pollution Control District are the designated COAs. The intended effect of approving the requirements contained in ``Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources'' (February, 2006), ``South Coast Air Quality Management District Requirements Applicable to OCS Sources'' (Parts I, II and III) (February, 2006), ``State of California Requirements Applicable to OCS Sources'' (February, 2006), and ``Ventura County Air Pollution Control District Requirements Applicable to OCS Sources'' (February, 2006) is to regulate emissions from OCS sources in accordance with the requirements onshore.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Kentucky; Redesignation of the Boyd County SO2
Document Number: 06-5603
Type: Proposed Rule
Date: 2006-06-22
Agency: Environmental Protection Agency
On May 24, 2006 (71 FR 29878), EPA published a proposed document redesignating the Boyd County, Kentucky area to attainment for SO2. The Federal Docket Management System (FDMS) docket number was incorrectly referenced. This document corrects the docket number.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Kentucky; Redesignation of the Boyd County SO2
Document Number: 06-5602
Type: Rule
Date: 2006-06-22
Agency: Environmental Protection Agency
On May 24, 2006 (71 FR 29786), EPA published a direct final document redesignating the Boyd County, Kentucky area to attainment for SO2. The Federal Docket Management System (FDMS) docket number was incorrectly referenced. This document corrects the docket number.
Approval and Promulgation of Implementation Plans Alabama: Open Burning Revision
Document Number: 06-5598
Type: Rule
Date: 2006-06-22
Agency: Environmental Protection Agency
EPA is approving revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM) on March 9, 2006. The revisions include modifications to Alabama's open burning rules found at Alabama Administrative Code (AAC) Chapter 335-3-3-.01. These revisions are part of Alabama's strategy to meet the national ambient air quality standards (NAAQS) for fine particulates (PM2.5) and ozone. Open burning creates smoke that contains fine particles, volatile organic compounds and nitrogen oxides, precursors to ozone. ADEM has found that elevated levels of PM2.5 mirror the months when ozone levels are highest (May-September), and that PM2.5 levels remain elevated into October. These rules are intended to help control levels of PM2.5 and ozone precursors that contribute to high ozone and PM2.5 levels. This action is being taken pursuant to section 110 of the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans Alabama: Open Burning Revision
Document Number: 06-5597
Type: Proposed Rule
Date: 2006-06-22
Agency: Environmental Protection Agency
EPA is approving revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM) on March 9, 2006. The revisions include modifications to Alabama's open burning rules found at Alabama Administrative Code (AAC) Chapter 335-3-3-.01. These revisions are part of Alabama's strategy to meet the national ambient air quality standards (NAAQS) for fine particulates (PM2.5) and ozone. Open burning creates smoke that contains fine particles, volatile organic compounds and nitrogen oxides, precursors to ozone. ADEM has found that elevated levels of PM2.5 mirror the months when ozone levels are highest (May-September), and that PM2.5 levels remain elevated into October. These rules are intended to help control levels of PM2.5 and ozone precursors that contribute to high ozone and PM2.5 levels. This action is being taken pursuant to section 110 of the Clean Air Act (CAA). In the Rules Section of this Federal Register, EPA is approving Alabama's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A rationale for the approval is set forth in the direct final rule, and incorporated herein by reference. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated with regard to this proposed action. 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 action. 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.