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

The EPA is announcing a public comment period and an external peer review panel meeting to review the draft document titled, ``Toxicological Review of 2,2,4-Trimethylpentane: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (NCEA-S- 2202), related to the human health assessment for 2,2,4- trimethylpentane. The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. 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.

On December 15, 1995, EPA issued national emission standards for hazardous air pollutants (NESHAP) under section 112 of the Clean Air Act for shipbuilding and ship repair (surface coating) operations (subpart II). The NESHAP requires existing and new major sources to control emissions of hazardous air pollutants to the extent achievable by the use of maximum achievable control technology. The proposal is intended to close an unintended gap in the scope of activities subject to the NESHAP by amending the definition of ``ship'' to include all marine or fresh-water vessels that are either (1) 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or (2) less than 20 meters in length and designed and built specifically for military or commercial purposes. All shipbuilding and ship repair coating operations performed on ``ships,'' as so defined, are subject to subpart II if they take place at an ``affected source,'' as defined in 40 CFR 63.782. The only exception is that this NESHAP shall not be construed to apply to coating activities that are subject to emission limitations or work practices under the NESHAP for boat manufacturing at 40 CFR part 63, subpart VVVV. We have also added a definition of ``commercial'' to clarify the types of nonmilitary vessels less than 20 meters that we consider to be ships. The amended definition of ``ship'' renders the term ``pleasure craft'' unnecessary and the amendments, therefore, eliminate the use of that term in 40 CFR part 63, subpart II.

EPA is taking direct final action on amendments to the national emission standards for hazardous air pollutants (NESHAP) for shipbuilding and ship repair (surface coating) operations (subpart II) promulgated on December 15, 1995 (60 FR 64330), under the authority of section 112(d) of the Clean Air Act (CAA). These direct final rule amendments close an unintended gap in the scope of activities subject to the NESHAP by amending the definition of ``ship'' to include all marine or fresh-water vessels that are either (1) 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or (2) less than 20 meters in length and designed and built specifically for military or commercial purposes. All shipbuilding and ship repair coating operations performed on ``ships,'' as so defined, are subject to Subpart II if they take place at an ``affected source,'' as defined in 40 CFR 63.782. The only exception is that this NESHAP shall not be construed to apply to coating activities that are subject to emission limitations or work practices under the NESHAP for the boat manufacturing at 40 CFR part 63 subpart VVVV. We have also added a definition of ``commercial'' to further clarify the types of nonmilitary vessels less than 20 meters that we consider to be ships. The amended definition of ``ship'' renders the term ``pleasure craft'' unnecessary and the amendments, therefore, eliminate the use of that term in subpart II.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of one meeting of the Board of Scientific Counselors (BOSC) Executive Committee.

This notice announces the availability of EPA's Reregistration Eligibility Decisions (REDs) for the pesticides n-Alkyl Dimethyl Benzyl Ammonium Chloride (ADBAC) and Didecyl Dimethyl Ammonium Chloride (DDAC) and opens a public comment period on these documents. The Agency's risk assessments and other related documents also are available in the ADBAC and DDAC Dockets. ADBAC is an antimicrobial used in agricultural, food handling, commercial, institutional, industrial, residential and public access, medical settings and may be applied as a wood preservative. DDAC is an antimicrobial used in indoor and outdoor hard surfaces, eating utensils, laundry, carpets, agricultural tools and vehicles, egg shells, shoes, milking equipment and udders, humidifiers, medical instruments, human remains, ultrasonic tanks, reverse osmosis units, water storage tanks and may be applied as a wood preservative. EPA has reviewed ADBAC and DDAC through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

By this decision, issued under section 209(b) of the Clean Air Act, as amended, (hereafter ``Act''), 42 U.S.C. 7543(b), the Environmental Protection Agency (EPA) today has determined that provisions of the California Air Resources Board`s (CARB's) 1999-2003 amendments to the California Zero-Emission Vehicle (ZEV) regulations as they affect 2006 and prior model years (MYs) are within-the-scope of previous waivers of federal preemption granted to California for its ZEV regulations. In the alternative, EPA is also granting a waiver of federal preemption for these MYs. EPA is also granting California(s request for a waiver of federal preemption to enforce provisions of the ZEV regulations as they affect 2007 through 2011 MYs. As explained below, EPA is also making a finding that although we believe it appropriate to grant a full waiver of federal preemption for the 2007 MY, we also believe it appropriate to consider the 2007 MY regulations within-the-scope of previous waivers of federal preemption as they apply to certain vehicles that were already subject to the preexisting ZEV regulations, with the exception that requirements pertaining to heavier light-duty trucks (LDT2s) are subject to a full waiver of federal preemption. EPA, by this decision, is not making any findings or determinations with regard to the 2012 and later model years under CARB's ZEV regulations.

As required by section 9(a)(2) of the Federal Advisory Committee Act, we are giving notice that EPA is inviting nominations for membership on the proposed Adaptation for Climate-Sensitive Ecosystems and Resources Advisory Committee (ACSERAC). The purpose of this proposed Committee is to provide advice on the conduct of a study titled, ``Preliminary Review of Adaptation Options for Climate- Sensitive Ecosystems and Resources,'' to be conducted as part of the U.S. Climate Change Science Program (CCSP). This assessment is part of a comprehensive set of assessments identified by the CCSP's Strategic Plan for the Climate Change Science Program. The proposed ACSERAC will advise on the specific issues that should be addressed in the assessment, appropriate technical approaches, the type and usefulness of information to decision makers, the content of the final assessment report, compliance with the Information Quality Act, and other matters important to the successful achievement of the objectives of the study. EPA has determined that this proposed federal advisory committee is in the public interest and will assist the Agency in performing its duties under the Clean Water Act, Clean Air Act, and the Global Climate Protection Act. The draft prospectus for the study is on the CCSP Web site at https://www.climatescience.gov/Library/sap/sap4-4/sap4- 4prospectus-final.htm. Proposed committee membership will total approximately ten (10) persons, who will serve as Special Government Employees or Regular Government Employees. The membership of the proposed committee will include a balanced representation of interested persons with professional and personal qualifications and experience to contribute to the functions of the proposed committee. In selecting members EPA will consider individuals from the Federal Government, State and/or local governments, Tribes, the scientific community, non-governmental organizations and the private sector with expertise, experience, knowledge and interests essential to, or affected by, the successful completion of the study. Any interested person or organization may submit a nomination. Nominations should be identified by name, occupation, organization, position, address, and telephone number, and must include a complete resume of the nominee's background, experience and expertise, and any other information considered relevant. Additional avenues and resources will be utilized by EPA in the solicitation of nominees. Copies of the Committee Charter will be filed with the appropriate congressional committees and the Library of Congress.

EPA is proposing to exempt the three U.S. Pacific Island TerritoriesAmerican Samoa, Guam, and the Commonwealth of the Northern Mariana Islands (C.N.M.I.)from the gasoline sulfur requirements that EPA promulgated in the Tier 2 motor vehicle rule. The Governor of American Samoa petitioned us for an exemption from the Tier 2 gasoline sulfur requirement because of the potential for gasoline shortages, the added cost, and the minimal air quality benefits the Tier 2 gasoline sulfur requirement would provide to American Samoa. Representatives of the Governors of Guam and C.N.M.I. have also requested an exemption referencing the petition submitted by American Samoa. The Far East market, primarily Singapore, supplies gasoline to the U.S. Pacific Island Territories. The Tier 2 sulfur standard effectively requires special gasoline shipments, which would increase the cost and could jeopardize the security of the gasoline supply to the Pacific Island Territories. The air quality in American Samoa, Guam, and C.N.M.I. is generally pristine, due to the wet climate, strong prevailing winds, and considerable distance from any pollution sources. We recognize that exempting the U.S. Pacific Island Territories from the gasoline sulfur standard will result in smaller emission reductions. However, Tier 2 vehicles using higher sulfur gasoline still emit 30% less hydrocarbons and 60% less NOX than Tier 1 vehicles and negative effects on the catalytic converter due to the higher sulfur levels are, in many cases, reversible. Additionally, these reduced benefits are acceptable due to the pristine air quality, the fact that gasoline quality will not change, and the cost and difficulty of consistently acquiring Tier 2 compliant gasoline. The Tier 2 motor vehicle rule also sets standards for vehicle emissions. Vehicles in use on the U.S. Pacific Island Territories will not be exempt from the Tier 2 vehicle emission standards. However, additional flexibility will be afforded due to the lack of low sulfur gasoline.

As required by section 9(a)(2) of the Federal Advisory Committee Act, we are giving notice that EPA is accepting nominees for membership on the proposed Human Impacts of Climate Change Advisory Committee (HICCAC). The purpose of this proposed Committee is to provide advice on the conduct of a study titled, ``Analyses of the effects of global change on human health and welfare and human systems,'' to be conducted as part of the U.S. Climate Change Science Program (CCSP). This assessment is part of a comprehensive set of assessments identified in the CCSP's Strategic Plan. The proposed HICCAC will advise on the specific issues that should be addressed in the assessment, appropriate technical approaches, the nature of information relevant to decision makers, the content of the assessment report, and other scientific and technical matters that may be found to be important to the successful completion of the study. EPA has determined that this proposed federal advisory committee is in the public interest and will assist the Agency in performing its duties under the Clean Water Act, Clean Air Act, and the Global Climate Protection Act. The draft prospectus for the study is on the CCSP Web site at https://www.climatescience.gov/Library/sap/sap4-6/sap4- 6prospectus-final.htm. Proposed committee membership will total approximately eight persons who will serve as Special Government Employees or Regular Government Employees. The membership of the proposed committee will include a balanced representation of interested persons with professional and personal qualifications and experience to contribute to the functions of the proposed committee. In selecting members, EPA will consider individuals from the Federal Government, State and/or local and/or tribal governments, the scientific community, non- governmental organizations and the private sector, with expertise, experience, knowledge and interests essential to, or affected by, the successful completion of the study. Any interested person or organization may submit a nomination. Nominations should be identified by name, occupation, organization, position, address, and telephone number, and must include a complete resume of the nominee's background, experience and expertise, and any other information considered relevant. Additional avenues and resources will be utilized by EPA in the solicitation of nominees. Copies of the Committee Charter will be filed with the appropriate congressional committees and the Library of Congress.

The Environmental Protection Agency (EPA) is holding a technical workshop in Washington, DC, to discuss available information on the Total Coliform Rule (TCR) and available information regarding risks in distribution systems in support of revisions to the TCR. The TCR provides public health protection from microbial contamination in drinking water while indicating the adequacy of treatment and the integrity of drinking water distribution systems. As part of the technical workshop, EPA is seeking information and analytic approaches for characterizing risks posed by the distribution system. Subsequently, if results from the workshop indicate that a formal consensus building process is appropriate for the revision effort, the Agency will consider establishing a Committee under the Federal Advisory Committee Act to provide advice and recommendations on how best to utilize available information for potential revisions to the TCR and to address public health risks from contamination of distribution systems. In addition, such a Committee could provide recommendations to determine if further information is needed to be collected to address health risks associated with distribution systems. To prepare in advance for the potential establishment of a Federal Advisory Committee, EPA is soliciting nominations for membership on the Committee in this notice.

The Environmental Protection Agency (EPA) Region 6 announces the deletion of the Brio Refining, Inc. Superfund Site (Site), located in Friendswood, Texas, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This action is being taken by EPA with the concurrence of the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed. Moreover, EPA and TCEQ have determined that with proper monitoring, operation and maintenance, this Site poses no significant threat to public health or the environment.

Under section 211(k)(6) of the Clean Air Act, the Administrator of EPA shall require the sale of reformulated gasoline (RFG) in an ozone nonattainment area classified as marginal, moderate, serious or severe upon the application of the Governor of the state in which the nonattainment area is located. In this direct final action, EPA is today extending the Act's prohibition against the sale of conventional gasoline (i.e., gasoline that is not RFG) to the Illinois portion of the St. Louis, Missouri-Illinois 8-hour ozone nonattainment area hereafter referred to as the East St. Louis nonattainment area. The RFG requirements will apply to refiners and all other persons in the fuel distribution system other than retailers and wholesale purchaser-consumers on May 1, 2007. For retailers and wholesale purchaser-consumers, the requirements of today's rule will apply on June 1, 2007. As of the June 1, 2007 implementation date, this area will be treated as a covered area for all purposes of the federal RFG program.

On June 20, 2005, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request for EPA approval of redesignations of Allen County (Lima) and Stark County (Canton) to attainment of the 8- hour ozone National Ambient Air Quality Standard (NAAQS), and a request for EPA approval of ozone maintenance plans for Allen and Stark Counties as revisions to the Ohio State Implementation Plan (SIP). Additional supporting information was submitted on August 24, 2006, and December 4, 2006. EPA is proposing to approve Ohio's requests and corresponding SIP revisions. EPA is also proposing to approve the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Motor Vehicle Emission Budgets (MVEBs) for Allen and Stark Counties, as supported by the ozone maintenance plans for these Counties, for purposes of conformity determinations.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the SAB Ecological Processes and Effects Committee to discuss a draft report on advancing the science and application of ecological risk assessment.

On June 20, 2006, the Ohio Environmental Protection Agency (Ohio EPA), submitted a request for EPA approval of redesignation of Belmont County (the Ohio portion of the Wheeling, West Virginia-Ohio (WV-OH) bi-state ozone nonattainment area) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) and a request for EPA approval of an ozone maintenance plan for Belmont County as a revision to the Ohio State Implementation Plan (SIP). On August 24, 2006, the State submitted public hearing records for the ozone redesignation request and ozone maintenance plan. On December 4, 2006, the State submitted a clarification of its intent to implement contingency measures in the event of an ozone standard violation in the Wheeling, WV-OH area subsequent to the redesignation of this area to attainment of the ozone standard. EPA is proposing to approve Ohio's request and corresponding SIP revision. EPA is also proposing to approve the Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Motor Vehicle Emission Budgets (MVEBs) for Belmont County, as supported by the ozone maintenance plan for this County, for purposes of conformity determinations.

This notice announces the availability of EPA's risk assessments, and related documents for the allethrin series of pesticides (bioallethrin, esbiol, esbiothrin, and pynamin forte), and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for the allethrins through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

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 their registration and the use of products containing the pesticide paradichlorobenzene. The request would terminate all uses of Fertilome Tree Borer Crystals. The request would not terminate the last paradichlorobenzene product registered for use in the U.S. 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.

EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the Commonwealth of Virginia. These revisions amend the existing volatile organic compound (VOC) and nitrogen oxide (NOX) emissions control areas, and amend certain VOC and NOX regulations in order to manage the extension of applicability of these provisions to the amended VOC and NOX emission control areas. This action is being taken under the Clean Air Act (CAA or the Act).

The EPA is announcing a public hearing for the proposed ``Revisions of Standards of Performance for New and Existing Stationary Sources; Electric Utility Steam Generating Units; Federal Plan Requirements for Clean Air Mercury Rule; and Revisions of Acid Rain Program Rules''. For convenience, we refer to the proposal as the Clean Air Mercury Rule (CAMR) Federal Plan. The hearing will be held on January 18, 2007 in Washington, DC.

The Environmental Protection Agency (EPA or the Agency) is amending the Spill Prevention, Control, and Countermeasure (SPCC) Plan requirements by: first, providing the option for owners and operators of facilities that store 10,000 gallons of oil or less and meet other qualifying criteria to self-certify their SPCC Plans in lieu of review and certification by a Professional Engineer; second, providing an alternative to the general secondary containment requirement without requiring a determination of impracticability for facilities that have particular types of oil-filled equipment; third, defining and exempting particular vehicle fuel tanks and other on-board bulk oil storage containers used for motive power; and fourth, exempting mobile refuelers from the sized secondary containment requirements for bulk storage containers. The Agency also is removing and reserving the SPCC requirements for animal fats and vegetable oils that are specific to onshore oil production facilities, onshore oil drilling and workover facilities, and offshore oil drilling, production, or workover facilities. Finally, the Agency is extending the SPCC compliance dates for farms. These changes significantly reduce the burden imposed on the regulated community for complying with the SPCC requirements, while maintaining protection of human health and the environment. In a separate document in this Federal Register, the Agency is proposing to extend the compliance dates for all facilities.

On April 26, 2004, EPA issued the National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light- Duty Trucks (Automobiles and Light-Duty Trucks NESHAP) under section 112(d) of the Clean Air Act. We are proposing to amend the final rule to provide the option of including surface coating of heavier motor vehicles under this rule. This action also proposes to amend the National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products (Miscellaneous Metal Parts NESHAP) and the National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products (Plastic Parts NESHAP) to maintain consistency between these rules and the Automobiles and Light-Duty Trucks NESHAP. These proposed amendments appear in the Rules and Regulations Section of this Federal Register as a direct final rule.

The Integrated Risk Information System (IRIS) is an Environmental Protection Agency (EPA) database that contains EPA's scientific positions on human health effects that may result from exposure to chemical substances in the environment. EPA is soliciting public nominations for chemical substances for its 2007 agenda. EPA invites the public to submit nominations for substances to be considered for an assessment or reassessment in its IRIS Program in accordance with the instructions provided at the end of this notice.