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

Asbestos-Containing Materials in Schools; State Request for Waiver From Requirements; Reopening of Comment Period; Correction
Document Number: 06-7324
Type: Notice
Date: 2006-08-31
Agency: Environmental Protection Agency
EPA is reopening the comment period for a proposed approval and request for comments published June 1, 2006, (71 FR 31183) where EPA proposed to waive the requirements of the Federal asbestos-in- schools program for the Commonwealth of Kentucky. In the June 1, 2006, document the Federal Docket Management System (FDMS) docket number was incorrectly referenced. This document corrects the docket number and provides the opportunity to comment and/or request a public hearing.
Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Monitoring and Volatile Organic Compound Rules
Document Number: 06-7320
Type: Proposed Rule
Date: 2006-08-31
Agency: Environmental Protection Agency
EPA is proposing full approval of some revisions and a limited approval/limited disapproval of other revisions to the Nevada Department of Conservation and Natural Resources portion of the Nevada State Implementation Plan (SIP). These revisions concern definitions, organic solvent controls, and various monitoring regulations. We are proposing action on state provisions that regulate emission sources under the Clean Air Act as amended in 1990 (Act or CAA). We are taking comments on this proposal and plan to follow with a final action.
Creation of a New System of Records
Document Number: 06-7319
Type: Notice
Date: 2006-08-31
Agency: Environmental Protection Agency
Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Office of Administration and Resources Management gives notice that it proposes to create a new system of records for its administrative systems by transferring the Inspector General's Operation and Reporting (IGOR) system of records (EPA-41) from the Office of the Inspector General to the Office of Administration and Resources Management and renaming it Office of Administration Services Information System (OASIS). In addition to the exempted personnel security files currently covered under EPA-41, records in the following Privacy Act systems are being transferred to OASIS: Wellness Program Medical Records (EPA-3); EPA Parking Control Office File (EPA-10); and the EPA Transit Program Files.
Amendment to a Privacy Act System of Records
Document Number: 06-7318
Type: Notice
Date: 2006-08-31
Agency: Environmental Protection Agency
Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the Office of Administration and Resources Management gives notice that it proposes to amend the EPA Identification Card system of records (EPA-19). The changes reflect the inclusion of photographs and fingerprints of identification card holders in the identification card system, as well as the information captured by automatic card reader machines used to gain access to EPA facilities.
Approval and Promulgation of Plans for Designated Facilities; New Jersey; Delegation of Authority
Document Number: 06-7317
Type: Proposed Rule
Date: 2006-08-31
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) proposes approval of a request from the New Jersey Department of Environmental Protection (NJDEP) for delegation of authority to implement and enforce the following three Federal plans: Hospital/Medical/Infectious Waste Incinerators (HMIWI); Municipal Solid Waste Landfills (MSW Landfills); and Small Municipal Waste Combustion Units (Small MWC). On August 15, 2000, November 8, 1999, and January 31, 2003 respectively, EPA promulgated the Federal plans for HMIWI, MSW Landfills and Small MWCs to fulfill the requirements of sections 111(d)/129 of the Clean Air Act. The Federal plans impose emission limits and control requirements for existing affected facilities located in areas not covered by an approved and currently effective State plan. On May 15, 2006, NJDEP signed Memorandum of Agreements (MOAs) which act as the mechanism for the transfer of EPA authority to NJDEP. The intended effect is to approve MOAs that define the policies, responsibilities, and procedures by which the Federal plans for HMIWI, MSW Landfills and Small MWCs will be administered on behalf of EPA by NJDEP.
Revisions to the Nevada State Implementation Plan
Document Number: 06-7316
Type: Rule
Date: 2006-08-31
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the Nevada State Implementation Plan (SIP). These revisions were proposed in the Federal Register on June 9, 2006, and include the air pollution sections of the Nevada Revised Statutes (NRS). We are approving these statutes in order to regulate emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Agency Information Collection Activities; Proposed Collection; Comment Request; Tips and Complaints Regarding Environmental Violations; EPA ICR No. 2219.02, OMB Control No. 2020-0032
Document Number: 06-7315
Type: Notice
Date: 2006-08-31
Agency: Environmental Protection Agency
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 29, 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.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; VOC Regulations and One-Hour Ozone Attainment Demonstration Shortfall
Document Number: 06-7314
Type: Rule
Date: 2006-08-31
Agency: Environmental Protection Agency
The EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from portable fuel containers, automotive refinishing operations, and gasoline dispensing facilities. The intended effect of this action is to approve these requirements into the Connecticut SIP. These control measures are needed to meet a portion of the shortfall in emission reduction identified in Connecticut's one-hour ozone attainment demonstration SIP. This action also approves these control measures, along with a previously approved control measure, as fulfilling the shortfall in emission reductions identified in Connecticut's one-hour ozone attainment demonstration SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; VOC Regulations and One-Hour Ozone Attainment Demonstration Shortfall
Document Number: 06-7311
Type: Proposed Rule
Date: 2006-08-31
Agency: Environmental Protection Agency
The EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision establishes requirements to reduce volatile organic compound (VOC) emissions from portable fuel containers, automotive refinishing operations, and gasoline dispensing facilities. The intended effect of this action is to propose approval of these requirements into the Connecticut SIP. This action also proposes approval of these control measures, along with a previously approved control measure, as fulfilling the shortfall in emission reductions identified in Connecticut's one-hour ozone attainment demonstration SIP. EPA is taking this action in accordance with the Clean Air Act (CAA).
Proposed CERCLA Section 122(g) De Minimis Administrative Agreement Regarding the Feldman Barrel and Drum Superfund Site, Located in Buffalo, Erie County, NY
Document Number: E6-14454
Type: Notice
Date: 2006-08-30
Agency: Environmental Protection Agency
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region II, of a proposed de minimis administrative agreement pursuant to Section 122(g) of CERCLA, 42 U.S.C. 9622(g), pertaining to the Feldman Barrel and Drum Site (``Site'') located in Buffalo, Erie County, New York. The settlement requires that 21 settling parties, identified by EPA as having contributed a minimal volume of hazardous substances, pay a total of $41,984 into a special account which has been established for the Site. This amount is considered to be their fair share of cleanup costs incurred at the Site. The settlement includes a covenant not to sue the settling parties for claims pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), in exchange for their payment of monies. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region II, 290 Broadway, New York, New York 10007-1866.
Adequacy of Michigan's Municipal Solid Waste Landfill Program
Document Number: E6-14453
Type: Notice
Date: 2006-08-30
Agency: Environmental Protection Agency
On March 22, 2004, the U.S. EPA issued final regulations allowing research, development, and demonstration (RD&D) permits to be issued to certain municipal solid waste landfills by approved states (40 CFR 258.4). On May 26, 2006 Michigan submitted an application to the U.S. EPA Region 5 seeking Federal approval of its RD&D requirements per the procedures in 40 CFR 239.12. Michigan's RD&D requirements allow the State to issue research, development and demonstration (RD&D) permits to owners and operators of MSWLF units in accordance with state law. Subject to public review and comment, this notice approves Michigan's RD&D permit requirements.
Federal Implementation Plan for the Billings/Laurel, MT, Sulfur Dioxide Area; Extension of Comment Period
Document Number: E6-14452
Type: Proposed Rule
Date: 2006-08-30
Agency: Environmental Protection Agency
EPA is extending the comment period for a proposed rule published July 12, 2006 (71 FR 39259). In the July 12, 2006 document, EPA proposed to promulgate a Federal Implementation Plan (FIP) containing emission limits and compliance determining methods for several sources located in Billings and Laurel, Montana. At the request of several commenters, EPA is extending the comment period through November 3, 2006.
Issuance of an Experimental Use Permit
Document Number: E6-14445
Type: Notice
Date: 2006-08-30
Agency: Environmental Protection Agency
EPA has granted an experimental use permit (EUP) to the following pesticide applicant. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit.
S-metolachlor; Pesticide Tolerance
Document Number: E6-14443
Type: Rule
Date: 2006-08-30
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of S-metolachlor in or on pumpkin, and squash, winter. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Ethofumesate; Pesticide Tolerance
Document Number: E6-14431
Type: Rule
Date: 2006-08-30
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of the herbicide, ethofumesate in or on carrot, roots (with regional restrictions for use in the States of Washington and Oregon), beet, garden, tops and beet, garden, roots; onion, bulb; garlic, bulb; shallot, bulb; and shallot, fresh leaves. The Interregional Research Project 4 (IR-4), 681 Highway 1 South, North Brunswick, NJ 08902-3390 requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Amendments to Regulations for Heavy-Duty Diesel Engines
Document Number: E6-14429
Type: Rule
Date: 2006-08-30
Agency: Environmental Protection Agency
In a rule published January 18, 2001, EPA promulgated several new standards for heavy-duty highway diesel engines and vehicles beginning in model year 2007. In this rulemaking we are making some technical amendments to the regulations to correct typographical errors, revise references, remove old provisions, and to revise some provisions regarding deterioration factors to be identical to those for nonroad diesel engines certified under the Tier 4 rule, published June 29, 2004.
Amendments to Regulations for Heavy-Duty Diesel Engines
Document Number: E6-14428
Type: Proposed Rule
Date: 2006-08-30
Agency: Environmental Protection Agency
In a rule published January 18, 2001, EPA promulgated several new standards for heavy-duty highway diesel engines and vehicles beginning in model year 2007. In this rulemaking we are proposing to make some technical amendments to the regulations to correct typographical errors, revise references, remove old provisions, and to revise some provisions regarding deterioration factors to be identical to those for nonroad diesel engines certified under the Tier 4 rule, published June 29, 2004.
Bifenazate; Pesticide Tolerance
Document Number: E6-14427
Type: Rule
Date: 2006-08-30
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of bifenazate in or on pea, garden; pea, edible podded; vegetable, tuberous and corm, subgroup 1C; fruit, stone, group 12, except plum; plum; cattle fat; goat fat; hog fat; horse fat; and sheep fat. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Proposed CERCLA Section 122(h) Administrative Agreement for Recovery of Past Costs for the Feldman Barrel and Drum Superfund Site, Buffalo, Erie County, NY
Document Number: E6-14426
Type: Notice
Date: 2006-08-30
Agency: Environmental Protection Agency
In accordance with section 122(I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(I), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region II, of a proposed administrative agreement pursuant to section 122(h) of CERCLA, 42 U.S.C. 9622(h), with 17 settling parties, for recovery of past response costs concerning the Feldman Barrel and Drum Superfund Site (``Site'') located in Buffalo, Erie County, New York. The settlement requires the settling parties to pay the EPA Hazardous Substance Superfund a total $346,188. The settlement includes a covenant not to sue the Settling Parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for EPA's past response costs. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region II, 290 Broadway, New York, New York 10007-1866.
Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Allen County 8-Hour Ozone Nonattainment Area to Attainment for Ozone
Document Number: E6-14425
Type: Proposed Rule
Date: 2006-08-30
Agency: Environmental Protection Agency
On May 30, 2006, the State of Indiana, through the Indiana Department of Environmental Management (IDEM), submitted, in final: A request to redesignate the 8-hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment area of Allen County, Indiana, to attainment for the 8-hour ozone NAAQS; and a request for EPA approval of an Indiana State Implementation Plan (SIP) revision containing a 14- year maintenance plan for Allen County. Today, EPA is proposing to determine that the Allen County, Indiana ozone nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. EPA is also proposing to approve Indiana's request to redesignate the area to attainment for the 8-hour ozone standard and the State's maintenance plan SIP revision. EPA's proposed approval of the 8-hour ozone redesignation request is based on its determination that Allen County, Indiana has met the criteria for redesignation to attainment specified in the Clean Air Act. EPA is also proposing to approve, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2020 that are contained in the 14-year 8-hour ozone maintenance plan for Allen County.
Triadimefon and Triadimenol; Reregistration Eligibility Decision (RED) for Triadimefon and Tolerance Reassessment and Risk Management Decision (TRED) for Triadimenol; Notice of Availability
Document Number: E6-14318
Type: Notice
Date: 2006-08-30
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for triadimefon and Tolerance Reassessment and Risk Management Decision (TRED) for triadimenol, and opens a public comment period on this (RED/TRED) document. The Agency's risk assessments and other related documents for triadimefon and triadimenol are also available in the docket under docket number EPA-HQ-OPP-2005- 0258 (Triadimefon) and EPA-HQ-OPP-2006-0038 (Triadimenol), respectively. Triadimefon is a broad spectrum, systemic fungicide used to control rust and mildew on pineapple. In addition, it is used to control various fungal diseases on non-food use sites such as golf course and sod farm turf, pine seedlings, Christmas trees, and ornamentals. Use on residential turf will be voluntarily cancelled. The primary metabolite of triadimefon is triadimenol, which is also registered separately as a systemic fungicide for seed treatment of barley, corn, cotton, oats, rye, sorghum, and wheat. EPA has reviewed triadimefon and triadimenol 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.
Carbofuran; Interim Reregistration Eligibility Decision; Notice of Availability
Document Number: E6-14213
Type: Notice
Date: 2006-08-30
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Interim Reregistration Eligibility Decision (IRED) for the N-methyl carbamate pesticide carbofuran, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the carbofuran docket. Carbofuran works as a cholinesterase inhibitor and is used to treat pests of food and non- food crops as either a flowable or granular formulation. It is registered for use on a variety of fruit and vegetable crops, as well as ornamentals and agricultural fallow land. EPA has reviewed carbofuran 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.
Determination of Attainment, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Indiana; Redesignation of Allen County 8-hour Ozone Nonattainment Area to Attainment for Ozone
Document Number: 06-7248
Type: Rule
Date: 2006-08-30
Agency: Environmental Protection Agency
On May 30, 2006, the State of Indiana, through the Indiana Department of Environmental Management (IDEM), submitted, in final: A request to redesignate the 8-hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment area of Allen County, Indiana, to attainment for the 8-hour ozone NAAQS; and a request for EPA approval of an Indiana State Implementation Plan (SIP) revision containing a 14- year maintenance plan for Allen County. Today, EPA is making a determination that the Allen County, Indiana ozone nonattainment area has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. EPA is also approving the request to redesignate the area to attainment for the 8-hour ozone standard and the State's maintenance plan. EPA's approval of the 8-hour ozone redesignation request is based on its determination that Allen County, Indiana has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA). EPA is also approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2020 that are contained in the 14-year 8- hour ozone maintenance plan for Allen County.
Revisions to the California State Implementation Plan, South Coast Air Quality Management District
Document Number: E6-14317
Type: Rule
Date: 2006-08-29
Agency: Environmental Protection Agency
EPA is finalizing approval of revisions to the South Coast Air Quality Management District's (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on May 16, 2006 and 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 approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Proposed Consent Decree, Clean Air Act Citizen Suit
Document Number: E6-14316
Type: Notice
Date: 2006-08-29
Agency: Environmental Protection Agency
In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Kentuckians for the Commonwealth, Friends of the Chattahoochee and Sierra Club (collectively, ``plaintiffs''): Kentuckians for the Commonwealth, et al. v. Johnson, No. 06CV00184 (RMU) (D. D.C.). Plaintiffs filed a complaint on February 2, 2006 and their First Amended Complaint on April 14, 2006, claiming that EPA had failed to perform non- discretionary duties under CAA section 111(b)(1)(B) to review and, if appropriate, revise the new source performance standards (``NSPS'') for nonmetallic mineral processing plants (Subpart OOO) and for coal preparation plants (Subpart Y). Under the proposed consent decree, within18 months from when the Court enters the consent decree, EPA would be required to sign, and promptly forward to the Office of Federal Register, one or a combination of the following for each NSPS: (a) A proposed or final determination that review of the NSPS is not appropriate in light of readily available information on the efficacy of such standard; (b) a proposed determination that based on a complete review of the NSPS, revision is not appropriate; or (c) a proposed rule containing revisions to the NSPS. Within 30 months from when the Court enters the consent decree, EPA would be required to sign and promptly forward to the Office of Federal Register one or a combination of the following for each NSPS: (a) A final determination that review of the NSPS is not appropriate in light of readily available information on the efficacy of such standard; (b) a final determination that based on a complete review of the NSPS, revision is not appropriate; or (c) a final rule containing revisions to the NSPS.
Notice of Intent To Provide Internet Publication of Proposed Penalties under the Clean Water Act and Safe Drinking Water Act
Document Number: E6-14315
Type: Notice
Date: 2006-08-29
Agency: Environmental Protection Agency
Notice is hereby given that the Environmental Protection Agency (EPA) intends to issue notices of proposed penalty orders issued under the Clean Water Act and the Safe Drinking Water Act via the Internet. EPA is encouraging the Regions to use the Internet as a more effective and efficient means to provide such notice.
Approval and Promulgation of Implementation Plans; State of Iowa
Document Number: E6-14313
Type: Rule
Date: 2006-08-29
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the state of Iowa for the purpose of establishing exemptions for indoor sources of air pollution that are not directly vented to the outside but have emissions that leave the building through doors, vents or other means. This revision also clarifies that the permitting exemptions do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. The state has demonstrated that air pollution emissions from this equipment are negligible and these exemptions are likely to result in no significant impact on human health or the environment. We have reviewed the state's justification for the revisions and agree with its conclusions.
Approval and Promulgation of Implementation Plans; State of Iowa
Document Number: E6-14312
Type: Proposed Rule
Date: 2006-08-29
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Iowa for the purpose of establishing exemptions for indoor sources of air pollution that are not directly vented to the outside but have emissions that leave the building through doors, vents or other means. This revision also clarifies that the permitting exemptions do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. The state has demonstrated that air pollution emissions from this equipment are negligible and these exemptions are likely to result in no significant impact on human health or the environment. We have reviewed the state's justification for the revisions and agree with its conclusions.
FY 2006 and 2007 Targeted Watersheds Grant Program: Availability of Funds and Request for Proposals for Implementation Projects (CFDA 66.439-Funding Opportunity Number EPA-OW-OWOW-06-3)
Document Number: 06-7216
Type: Notice
Date: 2006-08-29
Agency: Environmental Protection Agency
On August 15, 2006, EPA published a notice announcing the availability of funds for grants and cooperative agreements under EPA's Targeted Watersheds Grant Program. The announcement solicits proposals for watershed restoration and/or protection projects throughout the country. This notice is to extend the submission date for proposals to November 15, 2006. EPA is extending the submission date for proposals to be consistent with Agency communications.
Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Requests for Rescission
Document Number: E6-14214
Type: Proposed Rule
Date: 2006-08-28
Agency: Environmental Protection Agency
EPA is proposing, under the Clean Air Act, approval of revisions to the applicable state implementation plan for the State of Nevada and disapproval of other revisions. These revisions involve certain regulations and statutes for which the State of Nevada is requesting rescission. EPA is also proposing approval of certain updated statutes submitted by the State of Nevada as replacements for outdated statutes in the applicable plan. The approval proposed herein is contingent upon receipt of certain public notice and hearing documentation from the State of Nevada. EPA is proposing this action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans. The intended effect is to rescind unnecessary provisions from the applicable plan, retain necessary provisions, and approve replacement provisions for certain statutes for which rescissions are proposed for disapproval. EPA is taking comments on this proposal and plans to follow with a final action.
Proposed CERCLA Section 122(h) Administrative Agreement for Recovery of Response Costs for the Peter Cooper Landfill Superfund Site, Village of Gowanda, Cattaraugus County, NY and the Peter Cooper (Markhams) Superfund Site, Town of Dayton, Cattaraugus County, NY
Document Number: 06-7214
Type: Notice
Date: 2006-08-28
Agency: Environmental Protection Agency
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region II, of a proposed administrative agreement pursuant to Section 122(h) of CERCLA, 42 U.S.C. 9622(h), for recovery of response costs concerning the Peter Cooper Landfill Superfund Site located in the Village of Gowanda, Cattaraugus County, New York (``Gowanda Site'') and the Peter Cooper (Markhams) Superfund Site located in the Town of Dayton, Cattaraugus County, New York (``Markhams Site''). The proposed agreement would require the settling party, Tanyard Partners, Inc., to pay $400,000.00 in reimbursement of EPA's response costs at the Sites ($240,000.00 for the Gowanda Site and $160,000.00 for the Markhams Site). The settlement includes a covenant not to sue the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), in exchange for its payments. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the proposed settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed amendment is inappropriate, improper or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region II, 290 Broadway, New York, New York 10007- 1866.
Proposed CERCLA Administrative Cost Recovery Settlement; Rawleigh Building Site, Freeport, IL
Document Number: 06-7191
Type: Notice
Date: 2006-08-28
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 past response costs concerning the Rawleigh Building site in Freeport, Illinois with the following settling parties: Tusc. Corp. No. 1, Inc., Tusc. Corp. No. 4, Inc., Tusc. International, GP, The Tuscarora Corporation. The settlement requires the settling parties to pay $35,000 to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. 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.
Notice of Filing of Pesticide Petitions for Establishment or Amendment to Regulations for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: E6-14211
Type: Notice
Date: 2006-08-25
Agency: Environmental Protection Agency
This notice announces the initial filing of pesticide petitions proposing the establishment or amendment of regulations for residues of pesticide chemicals in or on various commodities.
Notice of Availability of Draft Total Maximum Daily Load (TMDL) Report Developed in Accordance With Section 303(d) of the Clean Water Act, for Squaw Creek and Stillwell Creek, in Wisconsin, for Review
Document Number: E6-14167
Type: Notice
Date: 2006-08-25
Agency: Environmental Protection Agency
This notice announces the availability of the TMDL report developed by EPA Region 5 for Stillwell Creek and Squaw Creek in Wisconsin. Both Creeks are located in Monroe County in West Central Wisconsin. Squaw Creek and Stillwell Creek are classified as ``water quality-limited'' and have been placed on Wisconsin's list of waters in need of restoration. The impaired segments addressed in this TMDL are Stillwell Creek, Miles 0.6-2.8, and Squaw Creek, Miles 0.0-0.2. Sediment and Temperature are the pollutants listed as causing the impairment of Stillwell Creek, which is designated as a Class II Trout stream by the State of Wisconsin. Sources of Sediment and Temperature in need of reduction in this TMDL are from the holding and release of water for agricultural purposes. A reduction in temperature between 16 and 34 percent (varying with expected temperature in the stream), and a 13 to 43 percent reduction in sediment (reductions are related to expected variations in hydrology) are targeted. Temperature is the pollutant listed as the cause of the impairment of Squaw Creek, also a Class II trout stream. The source of the impairment in need of reduction in this TMDL is the holding of water in Squaw Lake and its subsequent release from the warmer upper layers near the surface of the lake. A 12-36 percent reduction in temperature (varying with expected temperature in the stream) is targeted. EPA is providing an opportunity for public input regarding the analyses completed for needed pollutant reductions in the TMDL.
EPA Science Advisory Board; Notification of a Public Telephone Conference of the Science Advisory Board
Document Number: E6-14166
Type: Notice
Date: 2006-08-25
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public telephone conference of the Chartered Board to review three draft SAB Panel Reports.
Kresoxim-methyl; Pesticide Tolerance
Document Number: E6-14165
Type: Rule
Date: 2006-08-25
Agency: Environmental Protection Agency
This regulation establishes a tolerance for combined residues of kresoxim-methyl in or on vegetable, cucurbit, group 9. Interregional Research Project No. 4 requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E6-14150
Type: Notice
Date: 2006-08-25
Agency: Environmental Protection Agency
EPA does not object to the proposed project. Rating LO.
Environmental Impacts Statements; Notice of Availability
Document Number: E6-14145
Type: Notice
Date: 2006-08-25
Agency: Environmental Protection Agency
Notice of Filing of Pesticide Petitions for Establishment or Amendment to Regulations for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: E6-14129
Type: Notice
Date: 2006-08-25
Agency: Environmental Protection Agency
This notice announces the initial filing of pesticide petitions proposing the establishment or amendment of regulations for residues of pesticide chemicals in or on various commodities.
Quinoxyfen; Pesticide Tolerance
Document Number: E6-14065
Type: Rule
Date: 2006-08-25
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of quinoxyfen in or on commodities: lettuce, head and lettuce, leaf; melon, subgroup 9A; pepper, bell and pepper, nonbell; and strawberry. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
Document Number: E6-14053
Type: Notice
Date: 2006-08-25
Agency: Environmental Protection Agency
EPA has granted or denied emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions or denials were granted during the period April through June 2006 to control unforseen pest outbreaks.
Release of Draft Brochure on Current Best Practices to Prevent Asbestos Exposure Among Brake and Clutch Repair Workers; Notice of Availability
Document Number: E6-14057
Type: Notice
Date: 2006-08-24
Agency: Environmental Protection Agency
EPA is announcing the release of a draft brochure entitled, Current Best Practices for Preventing Asbestos Exposure Among Brake and Clutch Repair Workers. This brochure, when finalized, is intended to provide information for automotive professionals and home mechanics on preventing exposure to brake and clutch dust that may contain asbestos fibers. The draft brochure summarizes work practices that may be used to avoid asbestos exposure and identifies pertinent Occupational Safety and Health Administration (OSHA) regulatory requirements for professional automotive mechanics, which are found at 29 CFR 1910.1001, specifically paragraph (f)(3) and Appendix F. These same requirements also are contained in EPA's Worker Protection Rule, found at 40 CFR part 763, subpart G, which applies to State and local government employees who perform brake and clutch work in States without OSHA- approved State plans. The draft brochure also provides related information for home mechanics to consider. When finalized, this brochure will update and supercede the existing document entitled, Guidance for Preventing Asbestos Disease Among Auto Mechanics (EPA-560- OPTS-86-002), commonly referred to as the ``Gold Book.'' The public is encouraged to provide comments to EPA regarding this draft brochure, which can be found at http://www.epa.gov/asbestos.
Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana
Document Number: E6-14052
Type: Rule
Date: 2006-08-24
Agency: Environmental Protection Agency
EPA is approving State Implementation Plan (SIP) revisions submitted by the State of Montana on April 18, 2003. The revisions modify the open burning rules and references to federal regulations in the Administrative Rules of Montana. The intended effect of this action is to make federally enforceable those provisions that EPA is approving. This action is being taken under section 110 of the Clean Air Act.
Public Water System Supervision Program Revision for the State of Utah
Document Number: E6-14051
Type: Notice
Date: 2006-08-24
Agency: Environmental Protection Agency
In accordance with the provisions of section 1413 of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300g-2, and 40 CFR 142.13, public notice is hereby given that the State of Utah has revised its Public Water System Supervision (PWSS) Primacy Program by adopting Federal regulations for the Arsenic Rule and Filter Backwash Recycling Rule, which corresponds to 40 CFR Parts 141 and 142. The EPA has completed its review of these revisions in accordance with SDWA, and proposes to approve Utah's primacy revisions for the above stated Rule(s). Today's approval action does not extend to public water systems in Indian country, as defined in 18 U.S.C. 1151. Please see Supplementary Information, Item B.
Lindane; Notice of Receipt of Requests to Voluntarily Cancel Lindane Pesticide Registrations
Document Number: E6-13955
Type: Notice
Date: 2006-08-23
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 requests by registrants to voluntarily cancel products containing the pesticide lindane. The requests would terminate the last lindane products registered for use in the U.S. EPA intends to grant these requests 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 requests, or unless the registrants withdraw their requests within this period. Upon acceptance of these requests, 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.
Phosphorous Acid; Exemption from the Requirement of a Tolerance
Document Number: E6-13954
Type: Rule
Date: 2006-08-23
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of phosphorous acid and its ammonium, sodium, and potassium salts in or all food commodities to allow for post-harvest application to stored potatoes at 35,600 parts per million (ppm) or less of phosphorus acid. This exemption is being issued at EPA's own initiative under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of phosphorous acid and its ammonium, sodium, and potassium salts.
Proposed CERCLA Section 122(g) Administrative Agreement for De Minimis Settlement for the Mercury Refining Superfund Site, Towns of Guilderland and Colonie, Albany County, NY
Document Number: E6-13953
Type: Notice
Date: 2006-08-23
Agency: Environmental Protection Agency
In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region II, of a proposed de minimis administrative agreement pursuant to section 122(g) of CERCLA, 42 U.S.C. 9622(g), between EPA and two hundred ninety two (292) settling parties pertaining to the Mercury Refining Superfund Site (``Site'') located in the Towns of Guilderland and Colonie, Albany County, New York. The settlement requires specified individual payments by each settling party to the EPA Hazardous Substance Superfund Mercury Refining Superfund Site Special Account, which combined total $2,160,742.74. Each settling party's individual settlement amount is considered to be that party's fair share of cleanup costs incurred and anticipated to be incurred in the future, plus a ``premium'' that accounts for, among other things, uncertainties associated with the costs of that future work at the Site. The settlement includes a covenant not to sue pursuant to sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating to the Site, subject to limited reservations, and protection from contribution actions or claims as provided by sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. 9613(f)(2) and 9622(g)(5). For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region II, 290 Broadway, New York, New York 10007-1866.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; State Implementation Plan Revision for American Cyanamid Company, Havre de Grace, MD
Document Number: E6-13952
Type: Proposed Rule
Date: 2006-08-23
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision pertains to the removal of an August 2, 1984 Secretarial Order (Order) from the Maryland SIP. The Order constituted a Plan for Compliance (PFC) and an alternative method of assessing compliance at an American Cyanamid Company (Company) facility located in Havre de Grace, Harford County, Maryland (the Facility). The Order allowed for certain volatile organic compound (VOC) emissions sources at the Facility to achieve compliance with emissions limits through averaging (or ``bubbling'') of emissions over a 24-hour period. Removal of the Order from the SIP will remove the ``bubbling'' compliance option for these sources at the Facility. In lieu of ``bubbling,'' the sources must comply with the approved and more stringent Maryland SIP provisions for the control of VOC emissions, which do not allow averaging or ``bubbling.'' This action is being taken under the Clean Air Act (CAA or the Act).
Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Article 5 Countries
Document Number: E6-13951
Type: Proposed Rule
Date: 2006-08-23
Agency: Environmental Protection Agency
This proposed action amends previous action by the Agency regarding the allocation of Article 5 allowances that permit production of ozone-depleting substances (ODS) that are Class I, Group I controlled substances solely for export to developing countries to meet those countries' basic domestic needs. Specifically, this action will remove the 2007-2009 phasedown step for companies that manufacture CFCs-11, -12, or -114 for export to meet the basic domestic needs of developing countries. The Agency is taking this action in response to notification that there would otherwise be a shortfall in the availability of pharmaceutical-grade CFCs for use in metered dose inhalers in developing countries. In a final rule published December 29, 2005, EPA established initial baselines for each company that are far more stringent than required under the Beijing Adjustments to the Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol), which set out restrictions for production to meet basic domestic needs. Therefore, even without the 2007-2009 step-down reduction, the U.S. will be at production levels to meet basic domestic needs that are far below those allowed under the Beijing Adjustments. This action is taken in accordance with the Montreal Protocol and the Clean Air Act (CAA).
National Advisory Council for Environmental Policy and Technology Environmental Technology Subcommittee
Document Number: E6-13950
Type: Notice
Date: 2006-08-23
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, P.L. 92463, EPA gives notice of a meeting of the Environmental Technology Subcommittee of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice and recommendations to the Administrator of EPA on a broad range of environmental policy, technology, and management issues. The Environmental Technology Subcommittee was formed to assist EPA in evaluating its current and potential role in the development and commercialization of environmental technologies by suggesting how to optimize existing EPA programs to facilitate the development of sustainable private sector technologies, and by suggesting alternative approaches to achieving these goals. The purpose of the meeting is to continue the Subcommittee's consideration of these issues. A copy of the agenda for the meeting will be posted at http://www.epa.gov/ocem/nacept/cal- nacept.htm.