Environmental Protection Agency 2006 – Federal Register Recent Federal Regulation Documents

EPA is proposing partial approval of revisions to the prevention of significant deterioration (PSD) and nonattainment new source review (NSR) construction permit programs of the State of Indiana. On December 31, 2002, EPA published revisions to the federal PSD and nonattainment NSR regulations. These revisions are commonly referred to as ``NSR Reform'' regulations and became effective on March 3, 2003. These regulatory revisions include provisions for baseline emissions determinations, actual-to-future actual methodology, Plantwide Applicability Limits (PAL), Clean Units, and Pollution Control Projects (PCP). On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit issued its ruling on challenges to the December 2002 NSR reform revisions. Although the Court did uphold most of EPA's rules, it vacated both the Clean Unit and the PCP provisions. In addition, the Court remanded to EPA provision that requires recordkeeping and reporting for sources that elect to use the actual- to-projected actual emission test only where there is a reasonable possibility that a project may result in a significant net emissions increase. IDEM is seeking partial approval for rules to implement the NSR Reform provisions that have not been vacated by the June 24, 2005, court decision. This action affects major stationary sources in Indiana that are subject to or potentially subject to the PSD or nonattainment NSR construction permit program.

Although EPA had no objections to the proposed project, EPA recommended that updated information be provided in the final EIS on the CWA 401 water quality certification. Rating LO.

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.

EPA is proposing an exemption to the phaseout of methyl bromide to meet the needs of 2007 critical uses. Specifically, EPA is proposing uses that will qualify for the 2007 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from stocks for those uses in 2007. EPA is taking action under the authority of the Clean Air Act to reflect recent consensus Decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol) at the 17th Meeting of the Parties (MOP). EPA is seeking comment on the list of critical uses and on EPA's determination of the amounts of methyl bromide needed to satisfy those uses.

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.

This notice announces the initial filing of pesticide petitions proposing the establishment of regulations for residues of sethoxydim in/on buckwheat; okra; dill; radish; vegetable root, except sugar beet, group 1B; and turnip tops.

This document announces the availability of a document requesting a stay of the effectiveness of various pesticide tolerances under the Federal Food, Drug, and Cosmetic Act for sulfuryl fluoride and fluoride, and opens a public comment period on this document. This request for a stay was filed in conjunction with objections and requests for hearings that were submitted in response to promulgation of these tolerances. The stay request relies primarily on the recent report of the National Research Council on fluoride.

This notice announces the order to amend the existing stocks provision as written in the cancellation order published in theFederal Register on March 29, 2006 (71 FR 15731) (FRL-7771-4) to allow the distribution and sale of end-use products containing the pesticide azinphos-methyl, for use on cranberries until August 15, 2006. This will allow distribution and sale for use on cranberries for the 2006 season, as contemplated by the March 29, 2006, cancellation order. The stop use date for these end-use products is still September 30, 2006, as provided in the March 29 order.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide imazapyr. The Agency's risk assessments and other related documents also are available in the imazapyr docket. Imazapyr is a systemic, non-selective, pre- and post- emergent herbicide used for the control of terrestrial annual and perennial grasses, broad-leaved herbs, woody species, and riparian and emergent aquatic species. It is registered for use on a variety of agricultural, commercial, and residential use sites. EPA has reviewed imazapyr 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.

The EPA Docket Center (EPA/DC) in Washington, DC is temporarily closed due to flooding. This notice provides information regarding submitting comments and accessing affected dockets during this closure.

EPA expressed environmental concern about cumulative impacts. EPA also requested information on outreach to environmental justice communities impacted by noise and mitigation/minimization of noise exposure to those communities. Rating EC2.

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 amend their registrations to terminate uses of certain products containing the pesticide DDVP. The request would terminate DDVP use in or on: Mushroom house (hand held fogger); Greenhouse (hand held fogger); Warehouse (hand held fogger); Residential Crack and Crevice use; Residential Total Release Fogger; Lawn, Turf and Ornamentals; 21 gram Pest Strip; 65 gram Pest Strip; 80 gram Pest Strip; and 100 gram Pest Strip. The request would not terminate the last DDVP products 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. In addition, EPA will not approve the request as to the 21 gram, 65 gram, or 80 gram pest strips prior to EPA approving the replacement registrations, per the registrant's May 9, 2006 letter to EPA. 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 revise the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs) in response to the order issued by the Second Circuit Court of Appeals in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). This proposed rule responds to the court order while furthering the statutory goal of restoring and maintaining the nation's water quality and effectively ensuring that CAFOs properly manage manure generated by their operations. This proposal would revise several aspects of EPA's current regulations governing discharges from CAFOs. First, EPA proposes to require only the owners and operators of those CAFOs that discharge or propose to discharge to seek coverage under a permit. Second, EPA proposes to require CAFOs seeking coverage under a permit to submit their nutrient management plan (NMP) with their application for an individual permit or notice of intent to be authorized under a general permit. Permitting authorities would be required to review the plan and provide the public with an opportunity for meaningful public review and comment. Permitting authorities would also be required to incorporate terms of the NMP as NPDES permit conditions. Third, this action proposes to authorize permit writers, upon request by a CAFO, to establish best management, zero discharge effluent limitations when the facility demonstrates that it has designed an open containment system that will comply with the no discharge requirements. This proposed rule also responds to the court's remand orders regarding water-quality based effluent limitations (WQBELs) and pathogens. EPA proposes to clarify that WQBELs are available in permits with respect to production area discharges and non-precipitation related discharges from land application, but are statutorily unavailable in permits for Large CAFOs with respect to precipitation related land application discharges because the only allowable discharge from a land application area is due to agricultural storm water which is by statute exempt from permitting requirements. Finally, EPA proposes to clarify its selection of BCT technologies for pathogens (fecal coliform), and reaffirm its decision to set the BCT limitations for fecal coliform to be equal to the BPT limits established in the 2003 CAFO rule.

The Environmental Protection Agency, Region 8 (EPA) announces its intent to delete portions of the Ellsworth Air Force Base (AFB) Site located in Meade and Pennington Counties, South Dakota, from the National Priorities List (NPL) and requests public comment on this action. The NPL constitutes Appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR Part 300, which EPA promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The EPA has determined, with the concurrence of the State of South Dakota through the Department of Environment and Natural Resources (SDDENR) that for the parcels proposed for deletion, all appropriate actions under CERCLA have been implemented to protect human health, welfare and the environment and no further response action by responsible parties is appropriate. This partial deletion pertains to surface soil, unsaturated subsurface soil, surface water, and sediments at Operable Units 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12, and excludes the ground water medium at these parcels. The ground water medium at the Ellsworth AFB Site (OU-11, Basewide Ground Water), and the soil medium (surface and unsaturated subsurface soils) at OU-1, Fire Protection Training Area, will remain on the NPL and response activities will continue for those OUs. Two additional areas not associated with an operable unit, the Gateway Lake Ash Study Area and the Pride Hangar Study Area, are currently under investigation and are also not part of this partial deletion.

This regulation establishes time-limited tolerances for legume vegetables (except soybeans) and foliage of legume vegetables (except soybeans) of myclobutanil in or on vegetable, legume (except soybeans) and vegetable, foliage of legume (except soybeans). 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 vegetable, legume (except soybeans) and vegetable, foliage of legume (except soybeans). This regulation establishes a maximum permissible level for residues of myclobutanil in this food commodity. These tolerances will expire and are revoked on June 30, 2009.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide naptalam sodium, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide naptalam sodium through a modified, streamlined version of 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.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide Phytophthora palmivora (MWV) and methyl salicylate, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the Phytophthora palmivora MWV and methyl salicylate Docket. Phytophthora palmivora MWV is expected to control milk weed vine in citrus groves in certain counties of Florida. Methyl salicylate is a biochemical insect and animal repellent. EPA has reviewed Phytophthora palmivora MWV and methyl salicylate 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.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide permethrin, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the permethrin Docket. Permethrin is part of the pyrethroid class of pesticides and was first registered in 1979. It is a broad spectrum, non-systemic, synthetic pyrethroid insecticide, and is registered for use on numerous food/feed crops, livestock and livestock housing, modes of transportation, structures, buildings, Public Health Mosquito abatement programs, numerous indoor and outdoor residential spaces, pets, and clothing. EPA has reviewed permethrin 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.

Pursuant to section 112(l) of the 1990 Clean Air Act, EPA granted delegation of specific national emission standards for hazardous air pollutants (NESHAPs) to the Maricopa County Air Quality Department on May 16, 2006, to the San Joaquin Valley Unified Air Pollution Control District on October 31, 2005, and to the Nevada Division of Environmental Protection on May 9, 2006. EPA is proposing to revise the Code of Federal Regulations to reflect the current delegation status of NESHAPs in Arizona, California, and Nevada.

This notice announces the availability of EPA's Interim Reregistration Eligibility Decision (IRED) for the N-methyl carbamate pesticide formetanate hydrochloride (formetanate HCl), and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the formetanate HCl Docket. Formetanate HCl, a miticide/insecticide, is used on orchard crops and alfalfa grown for seed. EPA has reviewed formetanate HCl 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.

EPA is announcing that the Oak Ridge Institute of Science and Education (ORISE), under an Interagency agreement between the Department of Energy and EPA, will convene an independent panel of experts and organize and conduct an external peer-review workshop to review the external review draft document titled, Toxicological Review of Dibutyl Phthalate (Di-n-Butyl Phthalate): In Support of Summary Information in the Integrated Risk Information System (IRIS) (NCEA-S- 1755). The EPA also is announcing a public comment period for the draft document. EPA will consider comments and recommendations from the public and the expert panel meeting when EPA finalizes the draft document. The public comment period and the external peer-review workshop are separate processes that provide opportunities for all interested parties to comment on the document. In addition to consideration by EPA, all public comments submitted in accordance with this notice will also be forwarded to EPA's contractor for consideration by the external peer-review panel prior to the workshop. 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. ORISE invites the public to register to attend this workshop as observers. In addition, ORISE invites the public to give brief oral comments at the workshop regarding the draft document under review. The draft document and EPA's peer-review charge are available via the Internet on NCEA's home page under the Recent Additions and the Data and Publications menus at https://www.epa.gov/ncea. When finalizing the draft document, EPA will consider ORISE's report of the comments and recommendations from the external peer-review workshop and any public comments that EPA receives in accordance with this notice.

Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLS), the United States Environmental Protection Agency has entered into a proposed settlement for the reimbursement of past response costs concerning the Romarc Industries Superfund Site located in Williston, Levy County, Florida.

EPA is approving a State Implementation Plan (SIP) submission by the State of Missouri which revises the Construction Permits Required rule and takes no action on the revisions made to the Emissions Banking and Trading rule. A proposal was published on April 14, 2006, in the Federal Register, and no comments were received. As proposed, we are approving most of the revisions to the Construction Permits Required rule because the revisions incorporate, by reference, the Federal New Source Review reforms, published in the Federal Register on December 31, 2002. As requested by Missouri, EPA is not acting on portions of the state rule relating to Clean Unit Exemptions, Pollution Control Projects, and a portion of the record keeping provisions for the actual-to-projected-actual emissions projections test.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri for maintaining the ozone standard in Kansas City.