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

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 cancel and amend their registrations to terminate use of certain products containing the pesticide triadimenol. The request would terminate triadimenol use in or on sorghum (forage, hay and grain stover). The request would not terminate the last triadimenol product(s) registered for use in the United States. 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 its 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 establishment of regulations for residues of famoxadone in or on caneberry.

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

Under Section 10(a)(2) of Public Law 92-423, ``The Federal Advisory Committee Act,'' notice is hereby given of a meeting of the National Drinking Water Advisory Council (NDWAC), established under the Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.). The primary topics to be discussed and considered by the Council are the issues and challenges facing the thousands of small drinking water systems nationwide. Status reports on other national drinking water program issues, such as the approach to a draft rule for drinking water supplies on airlines; the early implementation of the rules protecting drinking water supplies from microbial contaminants; the recently-promulgated Ground Water Rule; revisions to the existing Total Coliform Rule; and implementation recommendations for the Contaminant Candidate List 3 will be presented. If time permits, the Council will also focus on continuing efforts to propose performance measures and indicators for the national drinking water protection program.

On November 1, 2006 a duplication of the Constitution Road Drum Site settlement was published in the Federal Register under Docket EPA-R04-SFUND-2006-0865' FRL-8237-5. EPA will not be accepting comments on this document. The correct listing is under EPA- R04-SFUND-2006-0865; FRL-8237-1. EPA will be accepting comments under the correct listing until December 1, 2006.

In this direct final action, the EPA is approving the Baton Rouge Ozone Nonattainment Area Vehicle Miles Traveled (VMT) Offset Analysis. The Baton Rouge area became subject to this requirement upon its reclassification from serious to severe 1-hour ozone nonattainment. The State has satisfied the VMT Offset requirement by its demonstration that motor vehicle emissions from increases in VMT or number of vehicle trips within the Baton Rouge five county ozone nonattainment area will not rise above an established ceiling through 2005. This action is being taken under sections 110 and 182 of the Federal Clean Air Act, as amended (the Act).

On September 28, 2006 (71 FR 56872), EPA published a direct final rule approving Texas State Implementation Plan (SIP) revisions that pertain to regulations to control Volatile Organic Compound (VOC) emissions from facilities in Texas. The direct final action was published without prior proposal because EPA anticipated no adverse comment. EPA stated in the direct final rule that if EPA received adverse comment by October 30, 2006, EPA would publish a timely withdrawal in the Federal Register. EPA subsequently received a timely adverse comment on the direct final rule. Therefore, EPA is withdrawing the direct final approval. EPA will address the comment in a subsequent final action based on the parallel proposal also published on September 28, 2006 (71 FR 56920). As stated in the parallel proposal, EPA will not institute a second comment period on this action.

The U.S. Environmental Protection Agency (EPA) is announcing a forty-five day public comment period and an external peer-review panel meeting to review the external review draft documents entitled, ``Toxicological Reviews of Cyanobacterial Toxins: Anatoxin-a, Cylindrospermopsin and Microcystins LR, RR, YR and LA'' (NCEA-C-1743, NCEA-C-1763 and NCEA-C-1765). Cyanobacteria, commonly referred to as blue-green algae, are found in freshwater, estuarine and marine environments. Cyanobacteria, other freshwater algae, and their toxins are included as microbial contaminants on EPA's Office of Water (OW) Contaminant Candidate List (CCL). These draft assessments discuss potential human health effects of exposure to these cyanobacterial toxins for four durationsacute, short-term, subchronic and chronic focusing on noncancer effects due to oral exposure. The public comment period and the external peer review are separate processes that provide opportunities for all interested parties to comment on these documents. These documents were prepared by EPA's National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. EPA will use comments and recommendations from the public and the expert panel meeting to finalize the draft documents. EPA is releasing these draft documents solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. These documents have not been formally disseminated by EPA. They do not represent and should not be construed to represent any Agency policy or determination.

EPA issued a notice of deficiency on May 17, 2005, in which EPA identified problems with Maricopa County's Clean Air Act title V operating permits program and a timeframe for the County to correct these deficiencies. The Maricopa County Air Quality Department submitted corrections to its permit program in quarterly updates beginning in February 2006 and in a final submittal dated October 20, 2006. This notice announces that, based on information provided by Maricopa County Air Quality Department, EPA concludes that Maricopa County has resolved all of the issues identified in the May 17, 2005 Notice of Deficiency. As a result, EPA will not impose sanctions set forth under the mandatory sanctions provisions of the Clean Air Act. In addition, EPA will not promulgate, administer, and enforce a whole or partial operating permit program pursuant to the title V regulations of the Clean Air Act within two years after the date of the finding of deficiency.

EPA expressed environmental concerns about air quality impacts, dredged material disposal, environmental justice, and risk analysis. Rating EC2.

Notice is hereby given that the State of Minnesota is revising its approved Public Water System Supervision Program. Minnesota has revised the following rules: Consumer Confidence Reports; Lead and Copper Technical Corrections; Synthetic Organic Chemicals/Inorganic Chemicals (SOC/IOC) Technical Amendments; Analytical Methods Technical Corrections; Analytical Methods for Radionuclides; Point of Use Devices; Public Water Supply (PWS) Definition; Administrative Penalty Order (APO) Authority; and Variances and Exemptions for compliance with National Primary Drinking Water Regulations Rule. EPA has determined that these revisions by the State are no less stringent than the corresponding Federal regulations. Therefore, EPA intends to approve these revisions to the State of Minnesota's Public Water System Supervision Program. This approval action does not extend to public water systems (PWSs) in Indian Country, as the term is defined in 18 U.S.C. 1151. By approving these rules, EPA does not intend to affect the rights of Federally recognized Indian Tribes in Minnesota, nor does it intend to limit existing rights of the State of Minnesota. Any interested party may request a public hearing. A request for a public hearing must be submitted by December 18, 2006, to the Regional Administrator at the EPA Region 5 address shown below. The Regional Administrator may deny frivolous or insubstantial requests for a hearing. However, if a substantial request for a public hearing is made by December 18, 2006, EPA Region 5 will hold a public hearing. If EPA Region 5 does not receive a timely and appropriate request for a hearing and the Regional Administrator does not elect to hold a hearing on his own motion, this determination shall become final and effective on December 18, 2006. Any request for a public hearing shall include the following information: The name, address, and telephone number of the individual, organization, or other entity requesting a hearing; a brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement of the information that the requesting person intends to submit at such hearing; and the signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

The EPA proposes to approve Nebraska's Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved states. On September 27, 2006, Nebraska submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program.

We are proposing a facility-specific nitrogen oxides (NOX) standard for a steam generating unit which simultaneously combusts fossil fuel and chemical by-product/waste at the Innovene USA facility located in Lima, Ohio. New source performance standards limiting emissions of, among other pollutants, NOX from industrial-commercial-institutional steam generating units capable of combusting more than 100 million British thermal units per hour were promulgated on November 25, 1986. The standards limit NOX emissions from the combustion of fossil fuels by themselves or in combination with other fuels or wastes. The standards include provisions for the establishment of facility-specific NOX standards for steam generating units which simultaneously combust fossil fuel and chemical by-product/waste under certain conditions.

The EPA proposes to approve Missouri's Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved states. On April 14, 2006, Missouri submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program.

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 April 30, 2007. 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.

The U.S. Environmental Protection Agency (EPA) is announcing a listening session on the viability of bottled water as an alternative compliance option for chronic contaminants regulated under the Safe Drinking Water Act (SDWA). The purpose of this meeting is to identify information and data needed for EPA to evaluate the efficacy of bottled water as an alternative compliance option for non-transient, non- community water systems.

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.

The Environmental Protection Agency published a document in the Federal Register of October 25, 2006, concerning OMB's responses. This document contained incorrect information.

The EPA's Science Advisory Board (SAB) Staff Office is announcing a public meeting of the SAB Hypoxia Advisory Panel.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a consultation via two public teleconferences to provide input on the Agency's proposed Risk and Technology Review (RTR) assessment methodology.

The of State Louisiana has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant Final authorization to the State of Louisiana. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

EPA is taking direct final action to approve the State Implementation Plan (SIP) revision of the Low Enhanced Vehicle Inspection/Maintenance Program for the State of Louisiana. This revision exempts the two newest model year gasoline-fueled passenger cars and trucks from On-Board Diagnostic (OBD) testing. We are taking this action in accordance with Sections 110 and 182 of the Clean Air Act.