Environmental Protection Agency December 14, 2006 – Federal Register Recent Federal Regulation Documents

This notice announces EPA's order terminating all residential uses of the acid copper chromate (ACC) registration held by OSMOSE, Inc. The affected registration is EPA Reg. No. 3008-60. OSMOSE voluntarily requested the use termination, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. OSMOSE requested that it not be provided with any existing stocks provisions for the product. The Agency announced receipt of this request in a July 18, 2006 Federal Register Notice of Receipt of Request (71 FR 40717) (FRL-8080-5). In the July 18, 2006 Notice, EPA stated that it would accept the request and issue an order implementing the use termination, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of the request, or unless the registrant withdrew the request within this period, which closed August 17, 2006. The Agency received one comment on the notice which was carefully considered by the Agency; it was determined that the request did not merit further review. Further, the registrant did not withdraw its request. Accordingly, on October 17, 2006 EPA approved the request. EPA hereby issues through this notice an order implementing the approved use terminations. Any distribution, sale, or use of the ACC product subject to this cancellation order is permitted only in accordance with the terms of this order.

EPA is issuing this Notice of Data Availability (NODA) in support of the proposed rule issued August 17, 2006, entitled ``National Emission Standards for Hazardous Air PollutantsHalogenated Solvent Cleaning''. EPA received a number of comments on the proposed rule and is in the process of evaluating those comments. This NODA addresses certain new data and information that EPA received concerning the unique nature and size of the degreasing machines used by the following facilities: narrow tubing manufacturing facilities, facilities that manufacture specialized products requiring continuous web cleaning, aerospace manufacturing and maintenance facilities, large military vehicle maintenance operations, and facilities that use multiple degreasing machines. Specifically, the new data and information that form the basis of this NODA relates to the following three issues; the ability of the above-noted facilities meeting the proposed facility-wide emission limits; the cost impacts associated with the above-noted facilities implementing the proposed facility-wide emission limits; and, the time frame needed for the above-noted facilities to comply with the proposed facility-wide emission limits. Although we recognize that the public has access to comments submitted during the comment period, we are nonetheless issuing this NODA because the new data and information at issue in this NODA are directly relevant to the alternative proposed standards described in the proposed rule. We are seeking comment only on the three issues identified above that relate to the unique nature and size of the degreasing machines used by the facilities specified above. We do not intend to respond to comments addressing any other aspect of the proposed rule.

In compliance with the Paperwork Reduction Act (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. This ICR is scheduled to expire on December 31, 2006. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

On September 21, 2006, the Administrator issued an Order Granting Remanded Issue on Petition to Object (Order) regarding a state operating permit issued to King Finishing located in Dover, Screven County, Georgia, pursuant to title V of the Clean Air Act (the Act), 42 U.S.C. 7661-7661f. On October 9, 2001, the Georgia Center for Law in the Public Interest filed a petition, on behalf of the Sierra Club (Petitioner), seeking EPA's objection to the title V operating permit issued to King Finishing by the Georgia Environmental Protection Division (EPD). The Administrator denied the petition in an Order dated October 9, 2002. Pursuant to Section 502(b) of the Act, Petitioner appealed to the U.S. Court of Appeals for the Eleventh Circuit (the Court). On January 20, 2006, the Court partially granted Petitioner's request for review, vacated the October 9, 2002, Order with respect to the mailing list issue, and remanded the issue to EPA for further consideration. Upon further consideration, EPA granted Petitioner's request to object to the King Finishing permit for EPD's failure to use a mailing list.

Pursuant to Clean Air Act Section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated September 21, 2006, denying a petition to object to a state operating permit issued by the Georgia Environmental Protection Division (EPD) to Georgia- Pacific Brunswick Operations (Georgia-Pacific) located in Brunswick, Glynn County, Georgia. This Order constitutes final action on the petition submitted by Ms. Deborah Ann Strong (Petitioner). Pursuant to section 505(b)(2) of the Clean Air Act (the Act) any person may seek judicial review of the Order in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307 of the Act.

EPA announces the availability of a draft nutrient criteria technical guidance manual for wetlands. This document provides State and Tribal water quality managers and others with information on how to develop numeric nutrient criteria for wetlands as State or tribal law or regulation; however, the document does not contain site-specific numeric nutrient criteria. EPA is soliciting information, data, and views on issues of science pertaining to the information the Agency used to develop this document. While this document contains EPA's scientific recommendations regarding defensible approaches for developing regional nutrient criteria, this guidance does not substitute for Clean Water Act (CWA) or EPA regulations, nor is it a regulation. It does not impose legally binding requirements on the EPA, States, territories, authorized tribes, or the regulated community. State and tribal decision makers have discretion to adopt water quality standards that use approaches that differ from EPA's recommendations.