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

On or about December 4, 2006, the Office of Air Quality Planning and Standards (OAQPS) of EPA will make available for public review and comment a first draft document, Review of the National Ambient Air Quality Standards for Lead: Policy Assessment of Scientific and Technical Information (Draft Staff Paper). The purpose of the Staff Paper is to evaluate the policy implications of the key scientific and technical information contained in a related EPA document, Air Quality Criteria for Lead, required under sections 108 and 109 of the Clean Air Act (CAA) for use in the periodic review of the national ambient air quality standards (NAAQS) for lead. On or about December 15, 2006, the OAQPS also will make available for public review and comment the related draft technical support document, Lead Human Exposure and Health Risk Assessments and Ecological Risk Assessment for Selected Areas (Pilot Phase).

EPA issued a notice in the Federal Register of August 2, 2006, concerning the availability of the PCNB reregistration eligibility decision (RED) and the opening of the 60-day public comment period on the RED. The original comment period was to close on October 2, 2006. The Agency subsequently issued a notice in the Federal Register of September 29, 2006, extending the comment period to November 1, 2006. The Agency issued a notice in the Federal Register of October 25, 2006, extending the comment period for a second time to December 4, 2006. The Agency is now extending the comment period for a third time, to January 8, 2006.

This notice announces the availability of EPA's human health and environmental fate and effects risk assessment(s) and related documents for the fumigant chloropicrin, and opens a public comment period on these documents. EPA is developing a Reregistration Eligibility Decision (RED) for chloropicrin through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. EPA is also concurrently assessing the risks of five other soil fumigant pesticides to ensure that its assessment approaches are consistent and to ensure that risk trade offs and economic outcomes can be adequately predicted in reaching risk management decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

The EPA is proposing to approve New Hampshire Department of Environmental Services' (NH DES) request to implement and enforce its regulation entitled ``Asbestos Management and Control'' in lieu of the Asbestos National Emission Standard for Hazardous Air Pollutants (Asbestos NESHAP) as it applies to certain asbestos-related activities. Upon approval, NH DES' rule will be federally enforceable and will apply to all sources that otherwise would be regulated by the Asbestos NESHAP with the exception of inactive waste disposal sites that ceased operation on or before July 9, 1981. These inactive disposal sites are already regulated by State rules that were approved by EPA on May 23, 2003. NH DES' request seeks to adjust the federal rules by demonstrating the equivalency of its rules to the federal requirements.

EPA issued a final rule in the Federal Register of November 14, 2006, concerning amendments to the Toxic Substances Control Act (TSCA) section 12(b) export notification regulations at subpart D of 40 CFR part 707. This document is being issued to correct a typographical error.

Under the Federal Advisory Committee Act, Public Law 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 discuss the Subcommittee's draft report on these issues. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/nacept/cal- nacept.htm.

On September 19, 2006, the State of Georgia's Department of Natural Resources, through the Georgia Environmental Protection Division (GA EPD), submitted a final State Implementation Plan (SIP) revision to remove the transportation control measure (TCM) related to a compressed natural gas refueling station/park and ride transportation center project in Douglas County, Georgia. This TCM was originally submitted by GA EPD for inclusion into the Atlanta portion of the Georgia SIP on August 29, 1997. EPA approved this TCM into the Georgia SIP through direct final rulemaking published in the Federal Register on June 24, 1998 (effective on August 10, 1998). Subsequently, the project sponsor determined that the equipment necessary to implement this project is no longer available, and thus, this TCM cannot be implemented as originally anticipated. No SIP credit was claimed for this program, nor were emission benefits ever realized for this TCM because it was never implemented. Through this rulemaking, EPA is proposing to approve the removal of this TCM from the Atlanta portion of the Georgia SIP because this SIP revision meets Clean Air Act requirements. 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 significant, material, and 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.

EPA is taking direct final action under section 110 of the Clean Air Act (CAA), 42 U.S.C. 7410, to approve a revision to the Florida State Implementation Plan (SIP) submitted by the Florida Department of Environmental Protection (FDEP) on June 8, 2005. The revision is source-specific to the Lockheed Martin Aeronautics Company (LM), located in Pinellas County, Florida, and regards that facility's compliance with Florida's Surface Coating of Miscellaneous Metal Parts and Products Reasonably Available Control Technology rule, found at Florida Administrative Code (F.A.C.) Rule 62-296.513 (FL MMPP Rule). The source-specific SIP revision seeks to allow LM to employ as reasonably available control technology (RACT) the control techniques outlined in EPA's December 1997, ``Aerospace Control Technique Guidelines'' (EPA's Aerospace CTG), instead of the RACT described in the FL MMPP Rule. The source-specific SIP revision is approvable because it meets the standards for approval described in section 110(l) of the CAA.

Today, EPA is issuing a regulation stating that the application of a pesticide in compliance with relevant requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not require a National Pollutant Discharge Elimination System (NPDES) permit in two specific circumstances. The first circumstance is when the application of the pesticide is made directly to waters of the United States to control pests that are present in the water. The second circumstance is when the application of the pesticide is made to control pests that are over, including near, waters of the United States. This rulemaking is based on the Agency's interpretation of the definition of the term ``pollutant'' under the Clean Water Act (CWA) as not including such pesticides. This final rulemaking replaces EPA's previously published Interim and Final Interpretive Statements on the Application of Pesticides to Waters of the United States in Compliance with FIFRA. EPA's Interpretive Statement, published February 1, 2005, described the Agency's interpretation of the CWA with regard to the application of pesticides regulated under FIFRA that are applied to or over, including near, waters of the United States. On August 13, 2003, EPA provided public notice of and solicited public comment on an Interim Statement and incorporated that input into the Interpretive Statement. On February 1, 2005, EPA published the Interpretive Statement and proposed to codify its substance in EPA's NPDES regulations and solicited comment on that proposed action. Today's final rule is the result of this process.

EPA is taking direct final action approving Texas State Implementation Plan (SIP) revisions. The revisions pertain to Reid Vapor Pressure (RVP) requirements for gasoline. The revisions add exemptions to RVP requirements for research laboratories and academic institutions, competition racing, and gasoline that is being stored or transferred that is not used in the affected counties. The revisions also reduce recordkeeping requirements for retail gasoline dispensing outlets in the affected counties, and correct a typographical error. We are approving the revisions pursuant to section 110 and part D of the Federal Clean Air Act (CAA).

In accordance with the Comprehensive Environmental Response Compensation, and Liability Act, 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 the University of Portland (``University''), subject to the final review and approval of the EPA and the U.S. Department of Justice. The proposed Agreement relates to the University's plan to expand its campus by purchasing two adjacent properties, one currently owned by Triangle Park LLC at 5828 N. Van Houten Place, Portland, and the other currently owned by McCormick & Baxter, Inc. at 6900 Edgewater, Portland (the ``Properties''). The Properties are contiguous with the Willamette River. The University is certifying that it did not cause or contribute to the contamination at either the Portland Harbor or McCormick & Baxter Sites. The Agreement provides for the University to spend $3 million conducting a non-time critical removal action on the Triangle Park property. The University seeks to continue to pursue and expand its educational and service mission by relocating certain athletic facilities, freeing up its existing land for construction of academic buildings. The University's plan includes public access to the Properties, and recreational opportunities, including a planned riverfront trail. In addition to conducting the $3 million removal action, the University will pay EPA's costs of overseeing that removal action. In exchange for this consideration, the proposed Agreement contains the United States' conditional covenant not to sue the University for existing contamination at the Sites. The covenant is subject to certain reservations set forth in the Agreement. In addition, the proposed Agreement provides protection from third-party law suits for contribution. In order for the University to purchase the Triangle Park property by the closing date in the agreement for the purchase of that property (December 31, 2006), EPA is allowing just over fifteen (15) days for public comment on the Agreement.

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. The Council is a panel of individuals who represent diverse interests from academia, industry, non-governmental organizations, and local, state, and tribal governments. The purpose of this meeting is to discuss the FY06-07 NACEPT agenda, including sustainable water infrastructure, environmental stewardship, cooperative conservation, energy and the environment, environmental technology, and environmental indicators. A copy of the agenda for the meeting will be posted at https:// www.epa.gov/ocem/nacept/cal-nacept.htm.

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 does not object to the preferred alternative. Rating LO.

EPA is taking direct final action to make a technical correction to the emission guidelines and new source performance standards (NSPS) for other solid waste incineration (OSWI) units. We are correcting the averaging time for measuring opacity.

The Environmental Protection Agency published in the Federal Register on November 1, 2006 a document concerning the Rosso Property Scrapyard Site located in Dover, Craven County, North Carolina. In the body of the notice the Constitution Road Superfund Site was mistakenly listed instead of the Rosso Property Scrapyard Site. EPA will be accepting comments only on the Rosso Property Scrapyard Site for the notice EPA-R04-SFUND-2006-0864; FRL-8237-4.

EPA is approving the section 111(d) Plan submitted by City of Albuquerque (Bernalillo County), New Mexico, on May 24, 2006, to implement and enforce the Emission Guidelines (EG) for existing Municipal Solid Waste (MSW) Landfills. The EG require delegated municipalities to develop plans to reduce landfill gas emissions from all MSWs. Finally, this action also approves the concomitant delegation of authority to implement 40 CFR part 60, subparts WWW and Cc.

EPA is announcing that a workshop entitled, ``Interpretation of Epidemiologic Studies of Multipollutant Exposure and Health Effects,'' is being organized by EPA's National Center for Environmental Assessment, Office of Research and Development, to be held on December 13 and 14, 2006, in Research Triangle Park, NC. The workshop will be open to attendance by interested public observers on a first-come, first-served basis up to the limits of available space.

Notice is hereby given that the State of Texas is revising its approved Public Water System Supervision Program. Texas has adopted the Lead and Copper Rule Minor Revisions (LCRMR), the Filter Backwash Recycling Rule (FBRR), and the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR). EPA has determined that the proposed LCRMR, FBRR and LT1ESWTR revisions submitted by Texas are no less stringent than the corresponding federal regulation. Therefore, EPA intends to approve the program revisions.

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.

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.

The Environmental Protection Agency recognized municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution abatement programs. An inscribed plaque was presented to first and second place national winners at the annual Clean Water Act Recognition Awards presentation during the Water Environment Federation's Technical Exposition and Conference (WEFTEC). Recognition is made every year for outstanding programs and projects in operations and maintenance at wastewater treatment facilities, biosolids management and public acceptance, municipal implementation and enforcement of local pretreatment programs, cost-effective storm water controls, and combined sewer overflow controls. This action also announces the 2006 national awards winners.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of a request by the registrant to voluntarily amend their registration to terminate some uses from the methyl parathion technical registration. The request would terminate methyl parathion use in or on cabbage, dried beans, dried peas, hops, lentils, pecans and sugar beets. The request would not terminate the last methyl parathion product registered for use in the U.S., but would terminate these uses on the only technical product. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws their request within this period. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order.

This notice announces the initial filing of pesticide petition proposing the exemption from the requirement of a tolerance for corn, pop and corn, sweet.