Toxics Release Inventory Burden Reduction Final Rule
EPA is revising the Toxics Release Inventory (TRI) reporting requirements to reduce burden while continuing to provide valuable information to the public, and promote recycling and treatment as alternatives to disposal and other releases. TRI reporting is required by section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). This rule expands non-Persistent Bioaccumulative and Toxic (non-PBT) chemical eligibility for Form A by raising the eligibility threshold to 5,000 pounds of total annual waste management (i.e., releases, recycling, energy recovery, and treatment for destruction) provided total annual releases of the non-PBT chemical comprise no more than 2,000 pounds of the 5,000-pound total waste management limit. This rule also allows, for the first time, limited use of Form A for PBT chemicals when total annual releases of a PBT chemical are zero and the total annual amount of the PBT chemical recycled, combusted for energy, and treated for destruction does not exceed 500 pounds. This rule, however, retains the current exclusion of dioxin and dioxin-like compounds from Form A eligibility. By structuring Form A eligibility for both PBT chemicals and non-PBT chemicals in a way that favors recycling and treatment over disposal and other releases, today's rule encourages facilities to reduce their releases and ensures that valuable information will continue to be provided to the public pursuant to the purposes of section 313 of EPCRA and section 6607 of PPA. Further, to guard against situations where large non-production related amounts are not reported on Form R and to provide greater consistency between PBT chemical and non-PBT chemical Form A eligibility, this rule redefines the non-PBT Form A eligibility threshold to include non-production related amounts reported in Section 8.8 of Form R.
Toxics Release Inventory-Decision To Maintain Existing Reporting Frequency
This notice announces EPA's decision to maintain the annual reporting requirement for the Toxics Release Inventory (TRI). This announcement is being made in follow-up to an October 4, 2005, Federal Register notice that stated that EPA intended to explore potential approaches for modifying the TRI reporting frequency (70 FR 57871). The Agency has decided not to pursue any changes in the TRI reporting frequency.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Redesignation of the Kent and Queen Anne's 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan
EPA is approving a redesignation request and a State Implementation Plan (SIP) revision submitted by the State of Maryland. The Maryland Department of the Environment (MDE) is requesting that Kent and Queen Anne's 8-hour Ozone Nonattainment Area (Kent and Queen Anne's area) be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the State submitted a SIP revision consisting of a maintenance plan which provides for continued attainment of the 8- hour ozone NAAQS for the next 12 years, until 2018. Concurrently, EPA is approving the maintenance plan as meeting the requirements of Clean Air Act (CAA) 175A(b) with respect to the 1-hour ozone maintenance plan update. EPA is also approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the 8-hour maintenance plan for Kent and Queen Anne's area for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request and the maintenance plan revision to the Maryland SIP in accordance with the requirements of the CAA.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Revision to Ohio State Implementation Plan To Rescind Oxides of Nitrogen Rule
EPA is approving a revision to the Ohio State Implementation Plan (SIP) submitted by Ohio on April 11, 2005 to rescind a rule which affected stationary combustion sources located within Priority I regions of the State and new sources regardless of location. The rule revision we are approving here also applies to nitric acid manufacture. We are taking this action at the request of the Ohio Environmental Protection Agency (Ohio EPA) because this rule is no longer the limiting regulation for any oxides of nitrogen (NOX) emission units in the State. The rule was originally approved by EPA over 30 years ago and since then has been superseded by a number of more stringent State and Federal regulations. The Ohio NOX SIP call rules and Federal emission standards for utility and industrial units all have greater potential for reducing emissions of NOX and improving human health than does the State's rescinded rule.
Flucarbazone-sodium; Pesticide Tolerance
This regulation establishes a tolerance for combined residues of flucarbazone-sodium, 4,5-dihydro-3-methoxy-4-methyl-5-oxo-N- [[2(trifluoromethoxy)phenyl] sulfonyl-1H-1,2,4-triazole 1-carboxamide, sodium salt and its N-desmethyl metabolite in or on wheat, forage at 0.30 parts per million (ppm); wheat, grain at 0.01 ppm; wheat, hay at 0.10 ppm; and wheat, straw at 0.05 ppm; and combined residues of flucarbazone-sodium and its metabolites converted to 2- (trifluoromethoxy) benzene sulfonamide and calculated as flucarbazone- sodium in or on milk at 0.005 ppm; meat and meat byproducts (excluding liver) of cattle, goats, hogs, horses, and sheep at 0.01 ppm; and liver of cattle, goats, hogs, horses, and sheep at 1.5 ppm. Arysta LifeScience North America Corporation, 15401 Weston Parkway, Suite 150, Cary, NC 27513 requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
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
In this action, EPA proposes a Federal Plan to implement Clean Air Act (CAA) section 111 mercury (Hg) standards of performance for new and existing coal-fired electric utility steam generating units (Utility Unit or EGU) located in States or Indian Country covered by the Clean Air Mercury Rule (CAMR) which do not have EPA approved and currently effective State plans. The EPA will not take final action on the proposed Federal Plan until EPA either finds that a State has failed to timely submit a plan or disapproves a submitted plan. Any final Federal Plan is expected to serve primarily to temporarily fill a regulatory gap in circumstances where either a State fails to timely submit a plan or EPA disapproves a submitted plan as, in either case, States will be free to submit an approvable plan after promulgation of the Federal Plan and upon approval of the State Plan by EPA, the Federal Plan will no longer apply to coal-fired Utility Units covered by the State Plan. This action also proposes certain revisions to both the CAMR State Plan model cap-and-trade rule (in order to make it compatible with the Federal Plan cap-and-trade rule and to make technical corrections) and the Acid Rain Program regulations (in order to simplify the provision concerning alternate designated representatives and to make the administrative appeals process applicable to the decisions of the Administrator under the State Plan and Federal Plan cap-and-trade rules).
Agency Information Collection Activities: Submission to OMB for Review and Approval; Comment Request: NESHAP for Site Remediation (Renewal); EPA ICR Number 2062.03, OMB Control Number 2060-0534
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. The ICR which is abstracted below, describes the nature of the information collection and its expected burden and cost.
Proposed Reissuance of the NPDES General Permit for the Western Portion of the Outer Continental Shelf of the Gulf of Mexico (GMG290000)
The Regional Administrator of Region 6 today proposes to reissue the National Pollutant Discharge Elimination System (NPDES) general permit for the Western Portion of the Outer Continental Shelf of the Gulf of Mexico (No. GMG290000) for discharges from existing and new dischargers and New Sources in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category as authorized by section 402 of the Clean Water Act. The permit, previously reissued on October 7, 2004, and published in the Federal Register at 69 FR 60150, authorizes discharges from exploration, development, production, and transmission facilities located in and discharging to Federal waters of the Gulf of Mexico seaward of the outer boundary of the territorial seas off Louisiana and Texas. Discharges of produced water to Federal waters from facilities located in the territorial seas are also authorized when all conditions of the permit are met. The following changes to the expiring permit are proposed to be made as a part of the permit reissuance. Requirements to comply with new cooling water intake structure regulations are included. Sub-lethal effects are required to be measured for whole effluent toxicity testing. New test methods are allowed for monitoring cadmium and mercury in stock barite. Clarifications have been added to the permit requirements for: Types of activities covered; pit cleaning and other wash water; end of well monitoring; sediment toxicity test averaging; the drilling fluids discharge rate limitation; discharges associated with dual gradient drilling; toxicity testing for miscellaneous discharges; and calculation of the produced water critical dilution for toxicity testing. Other minor changes in wording are also proposed to clarify EPA's intent regarding the permit's requirements.
Notice of Prevention of Significant Deterioration Final Determination for City of Springfield
This notice announces that on November 22, 2006, the Environmental Appeals Board (EAB) of the EPA dismissed with predjudice a petition for review of a federal Prevention of Significant Deterioration (PSD) permit issued to City of Springfield, Illinois, by the Illinois Environmental Protection Agency (IEPA).
National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry
In 1994, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for the synthetic organic chemical manufacturing industry. This rule is commonly known as the hazardous organic NESHAP (HON) and established maximum achievable control technology standards to regulate the emissions of hazardous air pollutants from production processes that are located at major sources. The Clean Air Act directs EPA to assess the risk remaining (residual risk) after the application of the maximum achievable control technology standards and to promulgate additional standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. The Clean Air Act also requires us to review and revise maximum achievable control technology standards, as necessary, every 8 years, taking into account developments in practices, processes, and control technologies that have occurred during that time. On June 14, 2006, EPA proposed two options regarding whether to amend the current emission standards for synthetic organic chemical manufacturing industry units. This action finalizes one of those options, and reflects our decision not to impose further controls and not to revise the existing standards based on the residual risk and technology review. It also amends the existing regulations in certain aspects.
Notice of Availability of Final 2006 Effluent Guidelines Program Plan
EPA establishes national technology-based regulations known as effluent guidelines and pretreatment standards to reduce pollutant discharges from categories of industry discharging directly to waters of the United States or discharging indirectly through Publicly Owned Treatment Works (POTWs). The Clean Water Act (CWA) sections 301(d), 304(b), 304(g), and 307(b) require EPA to annually review these effluent guidelines and pretreatment standards. This notice presents EPA's 2006 review of existing effluent guidelines and pretreatment standards. It also presents EPA's evaluation of indirect dischargers without categorical pretreatment standards to identify potential new categories for pretreatment standards under CWA sections 304(g) and 307(b). This notice also presents the final 2006 Effluent Guidelines Program Plan (``final 2006 Plan''), which, as required under CWA section 304(m), identifies any new or existing industrial categories selected for effluent guidelines rulemaking and provides a schedule for such rulemaking. CWA section 304(m) requires EPA to biennially publish such a plan after public notice and comment. The Agency published the preliminary 2006 Plan on August 29, 2005 (70 FR 51042). This notice also provides EPA's preliminary thoughts concerning its 2007 annual reviews under CWA sections 301(d), 304(b), 304(g) and 307(b) and solicits comments, data and information to assist EPA in performing these reviews. EPA intends to continue a detailed study of the steam electric power generating industry and start detailed studies for the following industrial sectors: the coal mining industry, the health services industry, and the coalbed methane industry, which is part of the oil and gas extraction industry. Finally, after two public comment periods, this notice discusses how EPA incorporates elements from the draft Strategy for National Clean Water Industrial Regulations (Strategy) into its effluent guidelines reviews and planning.
Review of Chemical Proposals for Addition under the Stockholm Convention on Persistent Organic Pollutants; Solicitation of Information for the Development of Risk Management Evaluations and Risk Profiles
This notice solicits information relevant to the development of risk management evaluations pursuant to the Stockholm Convention on Persistent Organic Pollutants (POPs) for the following chemicals which are being reviewed for possible addition to the Stockholm Convention's (hereafter Convention) Annexes A, B, and/or C as POPs: Hexabromobiphenyl (HBB) (CAS No. 36355-01-8); pentabromodiphenyl ether (PeBDE) (CAS No. 32534-81-9); chlordecone (CAS No. 143-50-0); lindane (CAS No. 58-89-9); and perfluorooctane sulfonate (PFOS). Additionally, this notice solicits information relevant to the development of risk profiles pursuant to the Convention for the following chemicals which are also being reviewed for possible addition to the Convention's Annexes A, B, and/or C as POPs: Commercial octabromodiphenyl ether (octaBDE) (CAS No. 32536-52-0); pentachlorobenzene (PeCB) (CAS No. 608- 93-5); short-chained chlorinated paraffins (SCCP) (CAS No. 85535-84-8); alpha-hexachlorocylcohexane (alpha-HCH) (CAS No. 319-84-6); and beta- hexachlorocyclohexane (beta-HCH) (CAS No. 319-85-7). EPA is issuing this notice to alert interested and potentially affected persons of these proposals and the status of their review under the Convention, and to encourage such persons to provide information relevant to the development of risk profiles and risk management evaluations under the Convention.
2006 Reporting Notice and Amendment; Partial Updating of TSCA Inventory Database; Chemical Substance Production, Processing, and Use Site Reports
EPA is amending the Toxic Substances Control Act (TSCA) Inventory Update Reporting (IUR) regulations by extending the submission deadline for 2006 reports from December 23, 2006 to March 23, 2007. This is a one-time extension for the 2006 submission period only. The IUR requires manufacturers and importers of certain chemical substances included on the TSCA Chemical Substance Inventory to report current data on the manufacturing, processing, and use of the substances.
Notice of Filing of Pesticide Petitions for Establishment of Regulations for Residues of Pesticide Chemicals in or on Various Commodities
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.
Organic Arsenical Herbicides (MSMA, DSMA, CAMA, and Cacodylic Acid), Reregistration Eligibility Decision; Reopening of Comment Period
EPA issued a notice in the Federal Register of August 9, 2006, concerning the availability of the reregistration eligibility decision for the organic arsenical herbicides MSMA, DSMA, DAMA, and cacodylic acid. EPA also issued notices in the Federal Register of October 4, 2006 announcing the extension of the comment period by 30 days and of October 27, 2006 announcing the extension of the comment period until December 13, 2006. This document is reopening the comment period an additional 30 days, from December 20, 2006, to January 19, 2007.
Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
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 a registrant to voluntarily cancel a certain pesticide registration.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste Proposed Exclusion
The EPA (also, ``the Agency'' or ``we'' in this preamble) is proposing to grant a petition to exclude or ``delist'' wastewater treatment sludge from conversion coating on aluminum generated by the Ford Motor Company (Ford) Kansas City Assembly Plant (KCAP) in Claycomo, Missouri from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). This proposed exclusion, if finalized, conditionally excludes the petitioned waste from the requirements of hazardous waste regulations under RCRA. This petition was evaluated in a manner similar to the expedited process developed as a special project in conjunction with the Michigan Department of Environmental Quality (MDEQ) for delisting similar wastes generated by a similar manufacturing process. See 76 FR 10341, March 7, 2002. Based on an evaluation of waste-specific information provided by Ford, we have tentatively concluded that the petitioned waste from KCAP is nonhazardous with respect to the original listing criteria and that there are no other factors which would cause the waste to be hazardous. This exclusion, if finalized, would be valid only when the sludge is disposed of in a Subtitle D landfill which is permitted, licensed, or registered by a State to manage industrial solid waste.
Extension of Tolerances for Emergency Exemptions (Multiple Chemicals)
This regulation extends time-limited tolerances for the pesticides listed in this document. These actions are in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA.
Dimethomorph; Pesticide Tolerance
This regulation establishes a tolerance for residues of the fungicide, dimethomorph, (E,Z) 4-[3-(4- chlorophenyl)-3-(3,4-dimethoxyphenyl)-1-oxo-2-propenyl] morpholine in or on brassica, head and stem, subgroup 5A. The Interregional Research Project No. 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 08540 requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Azoxystrobin; Pesticide Tolerances for Emergency Exemptions
This regulation establishes a time-limited tolerance for combined residues of azoxystrobin and its Z isomer, on rice, wild. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on rice, wild. This regulation establishes a maximum permissible level for combined residues of azoxystrobin in this food commodity. The tolerance expires and is revoked on December 31, 2009.
Metconazole; Pesticide Tolerances for Emergency Exemptions
This regulation establishes time-limited tolerances for residues of the fungicide metconazole, 5-[(4-chlorophenyl)methyl]-2,2- dimethyl-1-(1H -1,2,4-triazole-1-yl-methyl)cyclopentanol in or on aspirated grain fractions; egg; meat, fat and meat by-products of cattle, goat, hog, horse, poultry and sheep; milk; soybean, hulls; soybean, meal; soybean, refined oil; and soybean, seed. This action is associated with EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on soybeans. This regulation establishes a maximum permissible level for residues of metconazole in these food commodities. These tolerances will expire and be revoked on December 31, 2010.
Boscalid; Pesticide Tolerance
This regulation establishes tolerances for residues of boscalid, 3-pyridinecarboxamide, 2-chloro-N-(4'-chloro[1,1'-biphenyl]- 2-yl) in or on leafy greens subgroup 4A, except head and leaf lettuce, and leafy petioles subgroup 4B. Interregional Research Project No. 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Glyphosate; Pesticide Tolerance
This regulation establishes tolerances for residues of glyphosate in or on sunflower; safflower; noni; pea, dry; and vegetable, legume, group 6 except soybean, and pea, dry. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Myclobutanil; Pesticide Tolerance
This regulation establishes tolerances for combined residues of myclobutanil in or on hops, soybean seed, soybean forage, soybean hay, aspirated grain fractions, and soybean refined oil. Interregional Research Project 4 (IR-4) requested the tolerance for hops and Dow AgroSciences requested the tolerances for the soybean commodities under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Experimental Use Permit; Receipt of Application
This notice announces receipt of an application 67979-EUP-T from Syngenta Seeds, Inc. requesting an experimental use permit (EUP) for the Vip3A and Cry1Ab plant-incorporated protectants. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.
National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry
On June 14, 1999, under the authority of section 112 of the Clean Air Act (CAA), EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for new and existing sources in the Portland cement manufacturing industry. On December 15, 2000, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanded parts of the NESHAP for the Portland cement manufacturing industry to EPA to consider, among other things, setting standards based on the performance of the maximum achievable control technology (MACT) floor standards for hydrogen chloride (HCl), mercury, and total hydrocarbons (THC), and metal hazardous air pollutants (HAP). EPA published a proposed response to the court's remand on December 2, 2005. We received over 1700 comments on the proposed response. This action promulgates EPA's final rule amendments in response to the court's remand and the comments received on the proposed amendments.
National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry: Notice of Reconsideration
EPA is announcing that it is reconsidering the new source standards for mercury and for total hydrocarbons (THC) which are part of the National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry, published on December 20, 2006.
Fluroxypyr; Pesticide Tolerance
This regulation establishes tolerances for combined residues of fluroxypyr in or on onion, bulb; garlic, bulb; and shallot, bulb. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Proposed Consent Decree, Clean Air Act Citizen Suit
In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a deadline suit filed by Sierra Club and Coosa River Basin Initiative (``Coosa River''): Sierra Club v. EPA, No. 1:06CV1523 (N.D. GA). On December 20, 2005 and January 3, 2006, Sierra Club, Coosa River, and the Georgia Public Interest Research Group petitioned EPA to object to certain Clean Air Act Title V permit amendments proposed by the Georgia Environmental Protection Division for steam generating plants at Georgia Power's (1) Bowen and Branch Steam-Electric Generating Plants, and (2) Hammond and Scherer Steam-Electric Generating Plants, all of which are in the State of Georgia. Subsequently, Sierra Club and Coosa River filed suit, alleging that the Administrator failed to perform his nondiscretionary duty to respond to the petitions within sixty days of the date they were filed. Under the terms of today's proposed consent decree, EPA has agreed to respond to the petitions by January 8, 2007, and Sierra Club and Coosa River have agreed that if EPA does so, and after parties negotiate attorneys' fees, they will move to dismiss their suit with prejudice.
Board of Scientific Counselors Human Health Mid-Cycle Subcommittee Meetings-January 2007
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 of the Board of Scientific Counselors (BOSC) Human Health Mid-Cycle Subcommittee.
Revisions to the California State Implementation Plan, Kern County Air Pollution Control District
EPA is proposing to approve revisions to the Kern County Air Pollution Control District (KCAPCD) portion of the California State Implementation Plan (SIP). The KCAPCD revisions concern permitting requirements. We are proposing to approve local rules that administer regulations under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions
The Environmental Protection Agency (EPA or Agency) is proposing amendments to its procedures for implementing the requirements of the National Environmental Policy Act of 1969 (NEPA). This proposed rule also includes minor, technical amendments to the Agency's procedures for implementing Executive Order 12114, ``Environmental Effects Abroad of Major Federal Actions.'' This proposed rule would amend EPA's NEPA implementing procedures by: consolidating and standardizing the procedural provisions and requirements of the Agency's environmental review process under NEPA; clarifying the general procedures associated with categorical exclusions, consolidating the categories of actions subject to categorical exclusion, amending existing and adding new categorical exclusions, and consolidating and amending existing and adding new extraordinary circumstances; consolidating and amending the listing of actions that generally require an environmental impact statement; clarifying the procedural requirements for consideration of applicable environmental review laws and executive orders; and incorporating other proposed revisions consistent with the Council on Environmental Quality's regulations (CEQ's Regulations).
Phase 2 of the Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard-Notice of Reconsideration
On November 29, 2005, EPA published Phase 2 of the final rule to implement the 8-hour ozone national ambient air quality standard (NAAQS). Subsequently, EPA received a petition to reconsider specific aspects of this final rule. In this action, EPA is announcing its decision to reconsider and take additional comment on three provisions in the final Phase 2 8-hour ozone implementation rule: The determination that electric generating units (EGUs) that comply with rules implementing the Clean Air Interstate Rule (CAIR) and that are located in States where all required CAIR emissions reductions are achieved from EGUs meet the 8-hour ozone State implementation plan (SIP) requirement for application of reasonably available control technology (RACT) for nitrogen oxide (NOX) emissions; a new source review (NSR) requirement allowing sources to use certain emission reductions as offsets under certain circumstances; and an NSR provision addressing when requirements for the lowest achievable emission rate (LAER) and emission offsets may be waived. In addition, EPA requests comment on postponing the submission date for the RACT SIP for RACT SIPs for EGUs in the CAIR region. The EPA is seeking comment only on the three issues specifically identified in this notice and the submission date issue. We do not intend to respond to comments addressing other provisions of the final 8-hour ozone implementation rule that we are not reconsidering.
Ecological Benefits Assessment Strategic Plan
EPA is announcing the availability of a document titled, ``Ecological Benefits Assessment Strategic Plan'' (EPA-240-R-06-001), which was prepared by several Offices within the Agency. The Ecological Benefits Assessment Strategic Plan identifies and communicates key research and institutional actions that will improve EPA's ability to perform assessments of the ecological benefits of its environmental policies and decisions.
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Bio Energy in Hopkinton NH
This notice announces that the EPA Administrator has responded to a citizen petition requesting that EPA object to a Clean Air Act (``CAA'' or ``the Act'') title V operating permit modification issued by the New Hampshire Department of Environmental Services (``New Hampshire DES''). Specifically, the Administrator has granted in part and denied in part the petition submitted by the Residents Environmental Action Committee of Hopkinton, the Conservation Law Foundation, and the Physician Petitioners (collectively referred to herein as ``Petitioners'') requesting that the Administrator object to the permit modification issued to Bio Energy, LLC of Hopkinton, New Hampshire. Pursuant to section 505(b)(2) of the Act, the petitioner may seek judicial review of any portion of the petition which EPA denied in the United States Court of Appeals for the appropriate circuit. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the Act.
Federal Implementation Plan Under the Clean Air Act for Certain Trust Lands of the Forest County Potawatomi Community Reservation if Designated as a PSD Class I Area; State of Wisconsin
On June 29, 1995, and July 10, 1997, EPA proposed to approve a request by the Forest County Potawatomi Community (FCP Community) to redesignate certain trust lands within its reservation as Class I with respect to the Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) construction permit program. In these proposals, EPA did not explicitly state the mechanism it would use if it granted the redesignation request nor did the Agency include a draft of its codification. In this action, EPA is proposing that it will promulgate a Federal Implementation Plan (FIP) if it approves FCP Community's request and this action proposes potential codification language. This FIP will be implemented by EPA unless or until it is replaced by a Tribal Implementation Plan (TIP).
Approval and Promulgation of Air Quality Implementation; North Dakota; Revisions to New Source Review Rules
EPA is proposing to approve revisions adopted by North Dakota on February 1, 2005 to Chapter 33-15-15 of the North Dakota Administrative Code (Prevention of Significant Deterioration of Air Quality) that incorporate EPA's December 31, 2002 NSR Reforms. North Dakota submitted the request for approval of these rule revisions into the State Implementation Plan (SIP) on February 10, 2005. North Dakota has a federally-approved Prevention of Significant Deterioration (PSD) program for new and modified sources impacting attainment areas in the State. North Dakota is in attainment for all pollutants, and does not have a SIP-approved non-attainment permit program. On December 31, 2002, EPA published revisions to the Federal Prevention of Significant Deterioration (PSD) and non-attainment NSR regulations (67 FR 80186). These revisions are commonly referred to as ``NSR Reform'' regulations and became effective nationally in areas not covered by a SIP on March 3, 2003. These regulatory revisions include provisions for baseline emissions determinations, actual-to-future- actual methodology, plantwide applicability limits (PALs), clean units, and pollution control projects (PCPs). On November 7, 2003, EPA published a reconsideration of the NSR Reform regulations that clarified two provisions in the regulations (68 FR 63021). On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit issued a ruling on challenges to the December 2002 NSR Reform revisions (State of New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005). Although the Court upheld most of EPA's rules, it vacated both the Clean Unit and the Pollution Control Project provisions and remanded back to EPA the ``reasonable possibility'' standard for when a source must keep certain project-related records. North Dakota is seeking approval at this time for its PSD regulations to implement the NSR Reform provisions that have not been vacated by the June 24, 2005, court decision.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Mercury Cell Chlor-Alkali Plants (Renewal), EPA ICR Number 2046.03, OMB Control Number 2060-0542
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. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.
Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Excess Emissions Provisions
EPA is proposing two actions related to excess emissions provisions that were previously approved by EPA into the Nevada Department of Conservation and Natural Resources portion of the Nevada State Implementation Plan. These proposed actions include approval of a State request for rescission of certain provisions related to excess emissions and correction of an error made by the Agency in approving another provision also related to excess emissions. We are proposing to correct the error by disapproving the previously approved provision and thereby deleting the provision from the plan. The proposed approval of the rescission request is contingent upon receipt of certain public notice and hearing documentation from the State of Nevada. EPA is proposing these actions under the Clean Air Act authority to correct errors in approving, and obligation to take action on, State submittals of revisions to state implementation plans. The intended effect is to correct a past error in approving a particular provision into the plan and to allow for the rescission of closely-related provisions. EPA is taking comments on this proposal and plans to follow with a final action.
2,3,5,6-Tetrachloro-2,5-Cyclohexadiene-1,4-Dione; Proposed Significant New Use of a Chemical Substance; Reopening of Comment Period
EPA is reopening the public comment period for a proposed significant new use rule (SNUR) published in the Federal Register of May 12, 1993 (58 FR 27980) for the chemical chloranil (2,3,5,6- tetrachloro-2,5-cyclohexadiene-1,4-dione). EPA is planning to complete this rulemaking by issuing a final rule. Given the long period of time which has passed since EPA issued the proposed rule, EPA is reopening the comment period. This will provide an opportunity for commenters to update their comments and for additional commenters to contribute to the docket before EPA develops a final rule.
Proposed Test Rule for Certain Chemicals on the ATSDR/EPA CERCLA Priority List of Hazardous Substances; Extension of Comment Period
EPA is hereby extending the comment period for a proposed rule issued on October 20, 2006 (71 FR 61926) (FRL-8081-3), to require testing for certain chemicals on the Agency for Toxic Substances and Disease Registry (ATSDR)/EPA Priority List of Hazardous Substances to March 19, 2007. This extension is being made as a result of a request by a member of the public for additional time to submit comments.
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before December 9, 2004
On December 16, 2005, the EPA promulgated emission guidelines (EG) for existing ``other'' solid waste incineration (OSWI) units. Sections 111 and 129 of the Clean Air Act (CAA) require States with existing OSWI units subject to the EG to submit plans to the EPA that implement and enforce the emission guidelines. Indian Tribes may submit, but are not required to submit, Tribal plans to implement and enforce the EG in Indian country. State plans are due from States with OSWI units subject to the EG on December 16, 2006. If a State or Tribe with existing OSWI units does not submit an approvable plan, sections 111(d) and 129 of the CAA require the EPA to develop, implement, and enforce a Federal plan for OSWI units located in that State or Tribal area within 2 years after promulgation of the EG (December 16, 2007). This action proposes a Federal plan to implement EG for OSWI units located in States and Indian country without effective State or Tribal plans. On the effective date of an approved State or Tribal plan, the Federal plan would no longer apply to OSWI units covered by the State or Tribal plan.
Certain New Chemicals; Receipt and Status Information
Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from October 16, 2006 to November 12, 2006, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.
Final Rule Interpreting the Scope of Certain Monitoring Requirements for State and Federal Operating Permits Programs
The purpose of this action is to finalize interpretation of certain existing federal air program operating permits regulations. We proposed an interpretation of these rules on June 2, 2006, and requested comment. This final interpretation responds to the comments we received. The final interpretation is that the plain language and structure of certain sections of the operating permits regulations do not provide an independent basis for requiring or authorizing review and enhancement of existing monitoring in title V permits. We believe that other rules establish a basis for such review and enhancement. Such other rules include the monitoring requirements in certain other sections of the federal operating permits regulations (i.e., periodic monitoring), existing federal air pollution control standards, and regulations implementing State requirements to meet the ambient air quality standards. This final interpretation clarifies the permit content requirements relative to the operating permits regulations and facilitates permit issuance ensuring that air pollution sources can operate and comply with requirements.
Certain New Chemicals; Receipt and Status Information
Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from September 18, 2006 to October 13, 2006, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.
Agency Information Collection Activities OMB Responses
This document announces the Office of Management and Budget's (OMB) responses to Agency clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
Environmental Impact Statements and Regulations; Availability of EPA Comments
EPA supports BLM's goal to update the RMP based on emerging issues and changing circumstances and appreciates efforts to address impacts to wetlands, riparian habitat, and water quality, but had environmental concerns about impacts to these resources and the Final EIS should include additional mitigation measures. Rating EC2.
California State Nonroad Engine and Vehicle Pollution Control Standards; Decision of the Administrator
EPA today, pursuant to section 209(e) of the Clean Air Act (Act), 42 U.S.C. 7543(e), is granting California its request for an authorization of its small off-road engine emission standards for 2007 and subsequent model years (SORE). By letter dated April 11, 2005, the California Air Resources Board (CARB) requested that EPA grant California an authorization (sometimes referred to as a waiver of federal preemption) for its SORE regulations which set forth amended exhaust emission standards and new evaporative emission standards and associated test procedures for Class I and Class II small off-road engines for 2007 and subsequent model years.
Proposed Settlement Agreement
In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address lawsuits filed by Pasadena Refining Systems, Inc. (``Petitioner'') in the United States Court of Appeal for the Fifth Circuit: Pasadena Refining Systems, Inc. v. EPA, No. 04-60982 and No. 05-60551 (Fifth Cir.). Petitioner requested judicial review of various letters sent by EPA officials in which the EPA officials responded to PRSI's request to determine whether PRSI would qualify for small refiner status under 40 CFR 80.550 of EPA's Nonroad Diesel regulations. Petitioners also requested judicial review of EPA's decision to approve, in part, PRSI's request for hardship relief under 40 CFR 80.560 of EPA's Nonroad Diesel regulations.