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

In accordance with the Comprehensive Environmental Response Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq. (``CERCLA''), notice is hereby given of the proposed Agreement between the U.S. Environmental Protection Agency (``EPA'') and DV Luxury Resort, LLC. (``Settling Respondent''). The proposed Agreement relates to Settling Respondent's plan to build a resort hotel and condominium project at the Empire Canyon Site located in Park City, Summit County, Utah (the ``Site''). Settling Respondent is not a Potentially Responsible Party at the Site. Settling Respondent proposes to lease the Site from United Park City Mines, a Potentially Responsible Party that in 2003 entered into an Administrative Order on Consent with EPA for cleaning up historic mine waste at the Site. Pursuant to the proposed Agreement, the Settling Respondent would undertake additional cleanup at the Site appropriate so that the Site may be used for recreational purposes. The Settling Respondent has agreed to pay $38,000 to EPA in exchange for a covenant by EPA not to sue the Settling Respondent for certain response costs that may result from transporting mine wastes to the Richardson Flat Site for disposal. These funds will be deposited into the Special Account for the Richardson Flat Site. The Settling Respondent also agrees to pay EPA's oversight costs under this Agreement.

The National Environmental Education and Training Foundation was created by Section 10 of Public Law 101-619, the National Environmental Education Act of 1990. It is a private 501 (c)(3) non-profit organization established to promote and support education and training as necessary tools to further environmental protection and sustainable, environmentally sound development. It provides the common ground upon which leaders from business and industry, all levels of government, public interest groups, and others can work cooperatively to expand the reach of environmental education and training programs beyond the traditional classroom. The Foundation supports a grant program that promotes innovative environmental education and training programs; it also develops partnerships with government and other organizations to administer projects that promote the development of an environmentally literal public. The Administrator of the U.S. Environmental Protection Agency, as required by the terms of the Act, announces the following appointment to the National Environmental Education and Training Foundation, Inc. Board of Trustees. The appointees are Philippe Cousteau, Co-Founder and Chief Executive Officer of EarthEcho International and Trish Silber, President, Aliniad Consulting Partners, Inc. The appointees will join the current Board members which include: J.L. Armstrong, National Manager, Diversity Development, Toyota Motor Sales, USA Raymond Ban, Executive Vice President, Meteorology Science and Strategy, The Weather Channel, Inc. Holly Cannon, Principal of the Law Firm Beveridge&Diamond. Arthur Gibson, Vice President, Environment, Health&Safety, The Home Depot, Inc. Dorothy McSweeny, (NEETF Vice Chair), Chair, DC Commission on the Arts and Humanities. Honorable William Sessions, former Director of the Federal Bureau of Investigation. Bradley Smith, Dean, Huxley College of the Environment, Western Washington University. Kenneth Strassner, Vice President, Global Environment, Safety, Regulatory and Scientific Affairs, Kimberly-Clark Corporation. Additional Considerations: Great care has been taken to assure that these new appointees not only have the highest degree of expertise and commitment, but also brings to the Board diverse points of view relating to environmental education and training. This appointment shall be for two consecutive four year terms.

EPA is proposing to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are proposing to approve local rules that address permitting requirements.

EPA is proposing to approve requests submitted by the Indiana Department of Environmental Management on December 21, 2005 and June 27, 2006 to revise the Indiana State Implementation Plan (SIP) in two areas: (1) To amend 326 IAC 1-3-4, ambient air quality standards, to provide consistency between state and federal reference conditions for measurements of particulate matter air quality; and (2) to update the references to the Code of Federal Regulations (CFR) from the 2002 edition to the 2004 edition. In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to 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 on this action should do so at this time.

The United States Environmental Protection Agency is announcing the 2006 Fall Meeting of the Ozone Transport Commission (OTC). This OTC meeting will explore options available for reducing ground-level ozone precursors in a multi-pollutant context.

Washington has applied to EPA for Final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act, as amended, (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final rule. EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it.

In accordance with Section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 6922(h)(1), notice is hereby given of a proposed administrative settlement concerning the La Costex Refinery Superfund Site (Site). The Site is located on approximately 38.4 acres of which only approximately 10 acres were used for the facility operations in La Coste, Medina County, Texas. The settlement requires the Settling Party, Chevron U.S.A. Inc., to pay a total of $100,000.00 for reimbursement of past response costs to the EPA Hazardous Substance Superfund. The settlement includes a covenant not to sue which includes, but is not limited to: (1) Any direct or indirect claim for reimbursement from the EPA Hazardous Substance Superfund pursuant to Sections 106(b)(2), 107, 111, 112, and 113 of CERCLA, 42 U.S.C. 9606(b)(2), 9607, 9611, 9612, or 9613; (2) any claims arising out of the response actions at or in connection with the Site; and, (3) any claims against the United States pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613, relating to the Site. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas, 75202-2733.

EPA is proposing to approve revisions to the Clark County portion of the Nevada State Implementation Plan (SIP). These revisions concern particulate matter (PM) emissions from fugitive dust sources, such as open areas, unpaved roads, and construction activities. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the Louisiana Department of Environmental Quality (LDEQ) on May 13, 2005. This revision serves to incorporate recent changes to the federal conformity rule into the state conformity SIP.

EPA is finalizing its determination that the San Joaquin Valley nonattainment area (SJV or the Valley) in California has attained the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10). This determination is based upon monitored air quality data for the PM-10 NAAQS during the years 2003- 2005. The SJV continues to attain the PM-10 NAAQS in 2006 based on the latest available quality assured data. EPA is also finalizing its determination that, because the SJV has attained the PM-10 NAAQS, certain Clean Air Act (CAA or the Act) requirements are not applicable for as long as the SJV continues to attain the PM-10 NAAQS.

EPA issued a notice in the Federal Register of August 9, 2006, concerning the availability of the reregistration eligibility decision (RED) for the organic arsenical herbicides MSMA, DSMA, DAMA, and cacodylic acid. EPA also issued a notice in the Federal Register of October 4, 2006, announcing the extension of the original comment period by 30 days. This document is extending the comment period until December 13, 2006.

In accordance with subsections 122 (h)(1) and (i) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(h)(1) and (i), notice is hereby given of a proposed administrative settlement agreement concerning the Terrero Mine Superfund Site, Terrero, San Miguel County, New Mexico (the site), between the Cyprus Amax Minerals Company (Cyprus) and the U.S. Environmental Protection Agency (EPA). The settlement agreement requires the settling party Cyprus to pay $212,000.00 to the Hazardous Substances Superfund for reimbursement of CERCLA response costs incurred by the EPA in connection with the site and with two other Superfund Site Identification Codes. The settlement includes a covenant not to sue by the EPA pursuant to section 107 of CERCLA, 42 U.S.C. 9607, and follows the model settlement agreement promulgated by the EPA Office of Site Remediation Enforcement in February 2003. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to this notice and to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733, or through the contacts indicated below.

The EPA Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Radiation Advisory Committee (RAC) to continue activities related to preparation of an advisory on the Environmental Protection Agency's (EPA) Office of Radiation and Indoor Air (ORIA) draft White Paper: Modifying EPA Radiation Risk Models Based on BEIR VII.

This notice publishes EPA's national guidelines for the award of base grants and EPA's Request for Proposals (RFP) for the award of supplemental funding in the form of competitive grants under the Clean Water Act (CWA) section 319(h) nonpoint source (NPS) grants program to Indian Tribes in FY 2007. Section 319 of the CWA authorizes EPA to award grants to eligible Tribes for the purpose of assisting them in implementing approved NPS management programs developed pursuant to section 319(b). The primary goal of the NPS management program is to control NPS pollution through implementation of management measures and practices to reduce pollutant loadings resulting from each category or subcategory of NPSs identified in the Tribe's NPS assessment report developed pursuant to section 319(a). EPA anticipates, pending enactment of its FY 2007 appropriations, awarding a total of $7,000,000 to eligible Tribes which have approved NPS assessments and management programs and (treatment-as-a-state'' (TAS) status as of October 13, 2006. EPA expects the allocation of funds will be similar to the amount distributed in FY 2006, which included approximately $3.2 million in base grants awarded to 95 Tribes and $3.8 million awarded to 28 Tribes through a competitive process. Section A includes EPA's national guidelines which govern the process for awarding base grants to all eligible Tribes, and section B is the national RFP for awarding the remaining funds on a competitive basis. In future years, EPA intends to post the RFP for competitive grants under section 319 at https:// www.grants.gov and on EPA's Web site at https://www.epa.gov/owow/nps/ tribal.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

EPA issued a notice in the Federal Register of August 30, 2006, concerning the availability of the Interim Reregistration Eligibility Decision for the N-methyl carbamate pesticide carbofuran. This document is extending the comment period for 30 days, from October 30, 2006, to November 30, 2006.

EPA is proposing to approve a revision to the Tennessee State Implementation Plan (SIP) submitted in final form on May 17, 2006. The SIP revision provides the second 10-year carbon monoxide (CO) maintenance plan for the Memphis/Shelby County Carbon Monoxide Maintenance Area. The second 10-year maintenance plan includes a new motor vehicle emissions budget (MVEB) for CO for the year 2017. EPA is proposing to approve this SIP revision, including the new 2017 MVEB for carbon monoxide, because it satisfies the requirement of the Clean Air Act for the second 10-year maintenance plan for the Memphis/Shelby County Area. In addition, in this rulemaking, EPA is providing information on the status of its transportation conformity adequacy determination for the new MVEB for the year 2017 that is contained in the second 10-year CO maintenance plan for the Memphis/Shelby County Area. In the Final Rules Section of this Federal Register, EPA is approving the State'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 detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. 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 rule. 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.

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, entitled: ``Recordkeeping Requirements for Certified Applicators Using 1080 Collars for Livestock Protection'' and identified by EPA ICR No. 1249.08 and OMB Control No. 2070-0074, is scheduled to expire on May 31, 2007. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

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, entitled: ``Pesticide Registration Fee Waivers'' and identified by EPA ICR No. 2147.03 and OMB Control No. 2070-0167, is scheduled to expire on December 31, 2007. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

The EPA is announcing an extension of the public comment period on our proposed Review of New Sources and Modification in Indian Country Federal Implementation Plan (FIP) (August 21, 2006). The proposed FIP changes would include two basic air quality regulations for the protection of communities in Indian country. The first rule would apply to minor stationary sources and minor modifications at major stationary sources in Indian country (minor New Source Review (NSR) rule). The second rule would apply to all new major stationary sources and major modifications located in areas of Indian country that are designated as not attaining the National Ambient Air Quality Standards (NAAQS) (nonattainment major NSR rule). These rules would be implemented by EPA, or a delegate tribal agency assisting EPA with administration of the rules, until replaced by an EPA-approved tribal implementation plan for an area of Indian country. The EPA is extending the public comment period from November 20, 2006 to January 19, 2007. The EPA is extending the public comment period by 60 days because of the number of requests we received in a timely manner.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Chartered Board to review a draft SAB report, Advisory on EPA's Assessments of Carcinogenic Effects of Organic and Inorganic Arsenic.

The Environmental Protection Agency's Environmental Laboratory Advisory Board (ELAB), as previously announced, will have teleconference meetings on October 18, 2006 at 1 p.m. e.t.; November 15, 2006 at 1 p.m. e.t.; December 20, 2006 at 1 p.m. e.t.; January 17, 2007 at 1 p.m. e.t.; and February 21, 2007 at 1p.m. e.t. to discuss the ideas and views presented at the previous ELAB meetings, as well as new business. Items to be discussed by ELAB over these coming meetings include: (1) Expanding the number of laboratories seeking National Environmental Laboratory Accreditation Conference (NELAC) accreditation; (2) homeland security issues affecting the laboratory community; (3) ELAB support to the Agency's Forum on Environmental Measurements (FEM); (4) implementing the performance approach; (5) increasing State participation in NELAC; and (6) follow-up on some of ELAB's past recommendations and issues. In addition to these teleconferences, ELAB will be hosting their next face-to-face meeting in late January 2007 at the Westin Tabor Center in Denver, Colorado. Further details of that meeting will be forthcoming. Written comments on laboratory accreditation issues and/or environmental monitoring issues are encouraged and should be sent to Ms. Lara P. Autry, DFO, U.S. EPA (E243-05), 109 T. W. Alexander Drive, Research Triangle Park, NC 27709, faxed to (919) 541-4261, or e-mailed to autry.lara@epa.gov. Members of the public are invited to listen to the teleconference calls, and time permitting, will be allowed to comment on issues discussed during this and previous ELAB meetings. Those persons interested in attending should call Lara P. Autry at (919) 541- 5544 to obtain teleconference information. The number of lines for the teleconferences, however, are limited and will be distributed on a first come, first serve basis. Preference will be given to a group wishing to attend over a request from an individual. For information on access or services for individuals with disabilities, please contact Lara P. Autry at the number above. To request accommodation of a disability, please contact Lara P. Autry, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.