Environmental Protection Agency September 22, 2006 – Federal Register Recent Federal Regulation Documents

EPA is approving revisions to the Wisconsin State Implementation Plan (SIP) for ozone. In these revisions, the State has incorporated changes EPA made to its definition of volatile organic compound (VOC) and its VOC control requirements for yeast manufacturing. As a result of EPA's approval, five chemical compounds will no longer be considered VOCs. The changes to VOC control requirements match the EPA maximum achievable control technology (MACT) limits for yeast manufacturers.

This regulation establishes or revises tolerances for combined residues of propiconazole and its metabolites containing the dichlorobenzoic acid (DCBA) moiety expressed as parent compound in or on various commodities; and inadvertent residues in or on alfalfa, forage and alfalfa, hay. Syngenta Crop Protection, Inc. and Interregional Research Project No. 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).

The Local Government Advisory Committee and the Small Community Advisory Subcommittee (SCAS), and workgroups for Water, Indicators, Regulations and Solid Waste/Environmental Reclamation will meet on October 31-November 2, 2006 in Atlanta, Georgia. On October 31 and November 2 the meetings will be at the Hilton Atlanta Airport Hotel. On November 1, the meeting will be at the Serenbe Southern Country Inn. The Committee will be discussing its Strategic Action Agenda, new environmental approaches in developing communities, the 2008 Clean Watersheds Needs Survey, cooperative conservation, asset management approaches for water-related infrastructure and other key regional specific initiatives. The SCAS will meet at 10 a.m. on Tuesday, October 31, 2006, to discuss water-related infrastructure, preferred EPA approaches to implementing regulations with small communities, storm water and drinking water issues, as well as the Clean Watersheds Needs Survey. The Indicators and Regulatory Workgroups will meet jointly from 11 a.m. to noon on October 31, and the Water and Solid Waste and Environmental Reclamation Workgroups will meet in separate sessions also on October 31. The Committee will hear comments from the public between 3:30 p.m.- 4 p.m. on Tuesday, October 31. Each individual or organization wishing to address the LGAC meeting will be allowed a maximum of five minutes to present their point of view. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule agenda time. Time will be allotted on a first come, first serve basis, and the total period for comments may be extended, if the number of requests for appearances require it. This is an open meeting and all interested persons are invited to attend. LGAC meeting minutes and Subcommittee summary notes will be available after the meeting and can be obtained by written request to the DFO. Members of the public are requested to call the DFO at the number listed below if planning to attend so that arrangements can be made to comfortably accommodate attendees as much as possible. Seating will be on a first come, first serve basis.

EPA is announcing a 30-day public comment period for the draft document titled, ``Evaluation of the Carcinogenicity of Ethylene Oxide'' (EPA/635/R-06/003). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. EPA is releasing this draft document solely for the purpose of seeking public comment and for review by the EPA Science Advisory Board (SAB) via a meeting to be held later in 2006 (time and place to be specified in a separate Federal Register notice). 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. EPA will consider any public comments submitted in accordance with this notice when revising the document.

Under Section 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLS), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the P&W Electric Superfund Site located in Yorkville, Gibson County, Tennessee.

EPA Region 1 is publishing a direct final notice of deletion of the Army Materials Technology Laboratory Superfund Site (Site), located in Watertown, Massachusetts, 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). EPA is publishing this direct final notice of deletion with the concurrence of the Commonwealth of Massachusetts, through the Department of Environmental Protection (MADEP), because EPA determined that all appropriate response actions under CERCLAother than operation and maintenance and five-year reviewshave been completed and further remedial action pursuant to CERCLA is not appropriate.

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.

This notice announces the availability of EPA's Reregistration Eligibility Decisions (REDs) for the pesticides 2-(Thiocyanomethylthio) benzothiazole (TCMTB); Alkylbenzene Sulfonates (ABS); Orthophenylphenol (OPP); Chlorine Dioxide and Sodium Chlorite and opens a public comment period on these documents. The Agency's risk assessments and other related documents also are available in the TCMTB; ABS; OPP; Chlorine Dioxide and Sodium Chlorite Dockets. TCMTB is used in industrial premises and residential and public access areas as a materials preservative; a wood preservative for antisapstain control, and a microbiocide/microbiostat and bacteriocide/bacteriostat in industrial processes and water systems. In an agricultural setting, TCMTB is used as a fungicide applied as a seed treatment. The alkylbenzene sulfonates are used as food-contact sanitizers in food processing plants and eating establishments; and as disinfectants and sanitizers for agricultural, commercial, institutional, industrial, and public access use sites. OPP is used in applications to hard surfaces, agricultural premises and equipment, air deodorization, commercial and institutional premises, medical premises, residential and public access premises, and materials preservatives and as a fungicide on citrus and pears. Chlorine dioxide and sodium chlorite are used to control bacteria, fungi, and algal slimes; applied as a materials preservative and as a disinfectant in commercial, residential and agricultural settings. EPA has reviewed TCMTB; ABS; OPP; Chlorine Dioxide and Sodium Chlorite 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.

This regulation establishes tolerances for combined residues of fenbuconazole, [alpha]-(2-(4-chlorophenyl)-ethyl)-[alpha]-phenyl-3- (1H-1,2,4-triazole)-1-propanenitrile, and its metabolites RH-9129, cis- 5-(4-chlorophenyl)-dihydro-3-phenyl-3-(1H-1,2,4-triazole-1-yl methyl)-2- 3H-furanone, and RH-9130, trans-5-(4-chlorophenyl)-dihydro-3-phenyl-3- (1H-1,2,4-triazole-1-ylmethyl)-2-3H-furanone, in or on almond; almond, hulls; apple; apple wet pomace; banana; beet, sugar, dried pulp; beet, sugar, molasses; beet, sugar, roots; beet, sugar, tops; bushberry subgroup 13B; cattle, meat byproducts; citrus, dried pulp; citrus, oil; cranberry; fruit, citrus, group 10; fruit, stone, group 12; goat, meat byproducts; grain, aspirated fractions; grape; horse, meat byproducts; peanut; pecan; sheep, meat byproducts; wheat, forage; wheat, grain; wheat, hay; and wheat, straw. EPA is also deleting several existing tolerances that are no longer needed as a result of this action. Dow AgroSciences requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on November 11 and November 23, 2005. The revisions are to the Utah Administrative Code (UAC) rule R307-101-2 and (1) incorporate by reference the Federal definition of ``Volatile Organic Compounds'' (VOC), and (2) update the definition of ``Clearing Index''. 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. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views this as noncontroversial SIP revisions and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

Under the Clean Air Act, as amended by Section 1501 of the Energy Policy Act of 2005, the Environmental Protection Agency is required to promulgate regulations implementing a renewable fuel program. The statute specifies the total volume of renewable fuel that needs to be used in each year, with the total volume increasing over time. In this context, it is expected to simultaneously reduce dependence on foreign sources of petroleum, increase domestic sources of energy, and help us make progress in moving beyond a petroleum-based economy. The increased use of renewable fuels such as ethanol and biodiesel is also expected to have the added benefit of providing an expanded market for agricultural products such as corn and soybeans, expanding economic benefits for our nation's agricultural sector. Based on our analysis, there is also reason to believe that the expanded use of renewable fuels will provide reductions in carbon dioxide emissions and some air toxics emissions, such as benzene, from the transportation sector, while other emissions may increase. This action proposes regulations designed to ensure that refiners, blenders, and importers of gasoline will use enough renewable fuel each year so that this total volume requirement is met. Our proposal describes the standard that will apply to these parties and the renewable fuels that qualify for compliance. The regulations would also establish a trading program that would be a critical aspect of the overall program, allowing renewable fuels to be used where they are most economical while providing a flexible means for obligated parties to comply with the standard.