Environmental Protection Agency December 29, 2006 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that a proposed Administrative Order on Consent (``Agreement'') concerning portions of the Fort Ord Superfund Site (``Site'') in Monterey, California has been negotiated by the United States Environmental Protection Agency (``EPA''), the California Department of Toxic Substances Control (``DTSC'') and the Fort Ord Reuse Authority (``Respondent'') subject to the final review and approval of the EPA, DTSC and the U.S. Department of Justice. The proposed Agreement concerns cleanup of portions of the Site pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9604, 9606 and 9622 (``CERCLA''). Pursuant to a Federal Facilities Agreement (``FFA''), the U.S. Army (``Army'') is required to perform the CERCLA response actions for the Site; however, the FFA will be amended to suspend the obligations of the Army to conduct those response actions that will be undertaken by the Respondent pursuant to the Agreement. The Army is preparing a Finding of Suitability for Early Transfer (``FOSET''), which will be submitted to EPA Region 9, and the State of California for their approval after a public comment period. Upon approval of the FOSET, the Army will transfer portions of the Site to the Respondent. The Army and the Respondent will enter into an Environmental Services Cooperative Agreement, which will require the Respondent to perform certain CERCLA response actions on the transferred portions of the Site, using grant monies from the Army. The proposed Agreement would require the Respondent to prepare and perform removal actions, one or more remedial investigations and feasibility studies and one or more remedial designs and remedial actions for certain contaminants present on the transferred portions of the Site, under the oversight of EPA and the State of California. The proposed Agreement includes EPA and DTSC covenants not to sue or to take administrative action against the Respondent, provided that the Respondent complies with all the terms and conditions of the Agreement. The Agreement also commits the Respondent to reimburse direct and indirect future response costs incurred by EPA and DTSC in connection with actions conducted under CERCLA at the transferred portions of the Site. For thirty (30) calendar days following the date of publication of this notice, EPA will receive written comments relating to the proposed Agreement. EPA's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105.

EPA is announcing a 30-day public comment period for the draft document titled, ``A Review of the Impact of Climate Variability and Change on Aeroallergens and Their Associated Effects.'' The draft document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. The draft report surveys the current state of knowledge of the potential impacts of climate change and climate variability on aeroallergens in the United Statesincluding pollens, molds, and indoor allergensand their associated allergenic illnesses. EPA is releasing this draft document solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. 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.

EPA continues to have environmental concerns about potential impacts to source and ground water. The Final EIS should include a monitoring and adaptive management program to assure that program objectives are met.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of two meetings (via conference call) of the Board of Scientific Counselors (BOSC) Technology for Sustainability Subcommittee.

The Agency is reopening the comment period and seeking additional public comment on a draft Pesticide Registration Notice (PR Notice) entitled ``Use of Antimicrobial Pesticide Products in Heating, Ventilation, Air Conditioning, and Refrigeration Systems.'' PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This particular draft PR Notice would, once final, provide guidance to the registrants concerning EPA-registered sanitizer, disinfectant and other antimicrobial products whose labels bear general directions for use on or incorporation within hard, non-porous or porous surfaces, but which are not specifically registered for treatment of Heating, Ventilation, Air Conditioning and Refrigeration Systems (HVAC&R).

This regulation establishes a tolerance for residues of the insecticide zeta-cypermethrin, in or on almond, hulls; animal feed, nongrass, group 18, forage; animal feed, nongrass, group 18, hay; berry, group 13; cilantro, leaves; food/feed items (other than those covered by a higher tolerance as a result of use on growing crops) in food/feed handling establishments; fruit, pome, group 11; fruit, stone, group 12; grape; grass, forage, group 17; grass, hay, group 17; nut, tree, group 14; peanut; rapeseed; sunflower; sunflower, refined oil; turnip, greens; vegetable, cucurbit, group 9; and vegetable, root and tuber, group 1, except sugar beet. FMC Corporation and Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).