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

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision pertains to the removal of a Consent Agreement from the Virginia SIP. The Consent Agreement was written for the control of emissions of sulfur dioxide from the Burlington Industries facility located in Clarksville, Mecklenburg County, Virginia. This Agreement has been superseded by a federally enforceable state operating permit dated May 17, 2004, which imposes operating restrictions on the facility's boilers and the subsequent shutdown of the remainder of the facility. This action is being taken under the Clean Air Act (CAA or the Act).

The Toxic Substances Control Act (TSCA) Interagency Testing Committee (ITC) transmitted its Fifty-Eighth Report to the Administrator of EPA on May 31, 2006. In the 58th ITC Report, which is included with this notice, the ITC is revising the TSCA section 4(e) Priority Testing List by removing 8 High Production Volume (HPV) orphan chemicals, 3 indium compounds, 12 tungsten compounds, and 12 vanadium compounds. Pursuant to the statements made in the 56th and 57th ITC Reports, the ITC is listing 286 new HPV chemicals in the appendix of this 58th ITC Report to provide interested Federal and State agencies, stakeholders, and the public with the Chemical Abstract Registry Numbers (CAS No.) and names of chemicals with production or importation volumes exceeding 1 million pounds on only the 2002 Inventory Update Rule (IUR). In addition, the ITC is providing sources of publicly available data on its website, https://www.epa.gov/opptintr/itc, for 120 of the 286 new HPV chemicals and 120 of the 235 new HPV chemicals listed in the 56th ITC Report. These include sources of acute and chronic toxicity, mutagenicity, reproductive effects or developmental toxicity, ecological effects, environmental fate and National Toxicology Program data for which there were publicly available studies. The ITC is providing these data sources to facilitate the efforts of Federal and State agencies, interested stakeholders, and members of the public in obtaining basic health effects and environmental data for new HPV chemicals.

EPA is taking final action to approve revisions to the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky on September 2, 2004, and amended by request dated August 23, 2005. The SIP revisions modify Kentucky's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) regulations in the SIP to address changes to the federal new source review (NSR) regulations, which were promulgated by EPA on December 31, 2002 (67 FR 80186) and November 7, 2003 (68 FR 63021) (commonly referred to as the ``2002 NSR reform rules''). The September 2004 SIP revisions being approved today also include a rule setting a significance level of 100 tons per year (tpy) for ozone depleting substances.

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 eight major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) pursuant to the Commonwealth of Pennsylvania's (Pennsylvania's or the Commonwealth's) SIP-approved generic RACT regulations. EPA is approving these revisions in accordance with the Clean Air Act (CAA).

EPA is promulgating standards of performance for stationary compression ignition (CI) internal combustion engines (ICE). The standards will implement section 111(b) of the Clean Air Act (CAA) and are based on the Administrator's determination that stationary CI ICE cause, or contribute significantly to, air pollution that may reasonably be anticipated to endanger public health or welfare. The intended effect of the standards is to require all new, modified, and reconstructed stationary CI ICE to use the best demonstrated system of continuous emission reduction, considering costs, non-air quality health, and environmental and energy impacts, not just with add-on controls, but also by eliminating or reducing the formation of these pollutants. The final standards will reduce nitrogen oxides (NOX) by an estimated 38,000 tons per year (tpy), particulate matter (PM) by an estimated 3,000 tpy, sulfur dioxide (SO2) by an estimated 9,000 tpy, non-methane hydrocarbons (NMHC) by an estimated 600 tpy, and carbon monoxide (CO) by an estimated 18,000 tpy in the year 2015.

EPA is taking final action to approve revisions to the Mississippi State Implementation Plan (SIP) submitted on August 10, 2005, which include changes made to Mississippi regulations entitled, ``Permit Regulations for the Construction and/or Operation of Air Emissions Equipment'' and ``Regulations for the Prevention of Significant Deterioration of Air Quality.'' The revisions include changes to the State's permitting rules in order to address amendments to the federal New Source Review (NSR) regulations, which were promulgated by EPA on December 31, 2002 and reconsidered with minor changes on November 7, 2003 (collectively, these two final actions are called the ``2002 NSR reform rules''). The August 2005 submittal being approved today also includes changes made to the State's NSR program for minor stationary sources. Specifically, a new rule in Mississippi now allows construction to commence on certain minor sources prior to the applicant receiving a final permit to construct.

This document corrects information published in the Federal Register on May 5, 2006 concerning the issuance of a Prevention of Significant Deterioration (``PSD'') permit for Newmont Nevada Energy Investment, LLC (``Newmont''). We are also providing additional information regarding the issuance of the permit, as well as the denial of review of the permit by EPA's Environmental Appeals Board (``EAB''), that was not published in our May 5, 2006 Federal Register notice.

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 for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). 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 approving revisions to the State Implementation Plan (SIP) and Operating Permits Programs submitted by the state of Nebraska. This action revises monitoring requirements which were found to be less stringent than the applicable Federal rule; adds permits-by- rule provisions, which would provide a streamlined approach for issuing construction/operating permits for hot mix asphalt plants and small animal incinerators; and deletes the chemical compound ethylene glycol monobutyl ether from the list of regulated hazardous air pollutants in Appendices II and III. Approval of these revisions will ensure consistency between the state and Federally-approved rules, and ensure Federal enforceability of the state's revised air program rules.

The Environmental Protection Agency (EPA) is holding a public meeting to discuss designated uses and use attainability analyses. The meeting is co-sponsored with the Water Environment Federation (WEF). The primary goals of the meeting are to help educate the public on current water quality standards regulations, guidance and practices related to designated uses and use attainability analyses, and to provide a forum for the public to join in discussions, ask questions, and provide feedback.

This notice announces the initial filing of a pesticide petition proposing the establishment or amendment of regulations for residues of pesticide chemicals in or on various commodities.

This action promulgates standards of performance for new stationary combustion turbines in 40 CFR part 60, subpart KKKK. The standards reflect changes in nitrogen oxides (NOX) emission control technologies and turbine design since standards for these units were originally promulgated in 40 CFR part 60, subpart GG. The NOX and sulfur dioxide (SO2) standards have been established at a level which brings the emissions limits up to date with the performance of current combustion turbines.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of trinexapac-ethyl in or on grasses grown for seed and animal commodities.

This notice announces the initial filing of a pesticide petition proposing the amendment of 40 CFR 180.600 by increasing established tolerances for residues of the herbicide propoxycarbazone, methyl 2-[[[(4,5-dihydro-4-methyl-5-oxo-3-propoxy-1H- 1,2,4-triazol-1-yl)carbonyl]amino] sulfonyl]benzoate (MKH-6561) and its metabolite, methyl 2-[[[(4,5-dihydro-3-(2-hydroxypropoxy)-4-methyl-5- oxo-1H-1,2,4-triazol-1-yl)carbonyl]amino]sulfonyl] benzoate (Pr-2-OH MKH-6561) in or on wheat (forage) and animal commodities.

This notice announces the initial filing of a pesticide petition proposing the establishment or amendment of regulations for residues of pesticide chemicals in or on various commodities.

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 June 5, 2006 to June 15, 2006, consists of the PMNs and TMEs, both 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.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of one meeting (via conference call) of the Board of Scientific Counselors (BOSC) Executive Committee.

The Environmental Protection Agency hereby gives notice that it will conduct five public meetings on proposed regulatory revisions under the Clean Water Act for Concentrated Animal Feeding Operations (CAFOs). These proposed regulations were signed by EPA Administrator Stephen L. Johnson on June 22, 2006, and are publishing in the Federal Register on June 30, 2006 (FRL 8189-7), under the title Revised National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations in Response to Waterkeeper Decision. The purpose of the meetings is to enhance public understanding of the proposed regulations for CAFOs. The meetings are not a mechanism for submitting formal comments on the proposal. The meetings will consist of a brief presentation by EPA officials on the proposed regulations followed by a question and answer session. Participants are encouraged to familiarize themselves with the basic aspects of the proposed regulations prior to the public meetings; each speaker's time will be limited so that all interested parties may have the opportunity to pose questions. Advance registration is not required.