Environmental Protection Agency 2006 – Federal Register Recent Federal Regulation Documents

This notice announces EPA's progress in meeting its performance measures and goals for pesticide reregistration during fiscal year 2005. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to publish information about EPA's annual achievements in this area. This notice discusses the integration of tolerance reassessment with the reregistration process, and describes the status of various regulatory activities associated with reregistration and tolerance reassessment. The notice gives total numbers of chemicals and products reregistered, tolerances reassessed, Data Call-Ins issued, and products registered under the ``fast-track'' provisions of FIFRA. Finally, this notice contains the schedule for completion of activities for specific chemicals during fiscal years 2006 through 2008.

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 May 22, 2006 to June 2, 2006, consists of the PMNs 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.

EPA is proposing to amend EPA's final rule promulgated on January 26, 2006, concerning the protection of human subjects in research. The proposed amendments would explicitly ban research for pesticides involving intentional exposure of human subjects who are nursing women, and prohibit EPA reliance in actions under the pesticide laws on research involving intentional exposure of nursing women. EPA believes that these proposed amendments are non-controversial and does not expect to receive any adverse comments. Therefore, in addition to this Notice of Proposed Rulemaking, elsewhere in this issue of the Federal Register, EPA is promulgating these amendments as a direct final rule.

EPA is seeking comment on two alternative proposals regarding reformulated gasoline requirements for an area formerly classified as a severe ozone nonattainment area under the 1-hour ozone national ambient air quality standard (``NAAQS'' or ``standard'') that was redesignated to attainment for that standard before its revocation, and which is currently designated as nonattaiment for the 8-hour ozone standard. Under the first option, this area would be required to use federal reformulated gasoline (RFG) at least until it is redesignated to attainment for the 8-hr NAAQS. Under the second option, the State could request the removal of RFG, and EPA would grant such a request upon a demonstration that removal would not result in loss of any RFG-related emission reductions relied upon in the State's Implementation Plan (SIP) for ozone. Atlanta is the only area that falls within the scope of this proposal.

The United States Environmental Protection Agency (EPA) Region 6 is publishing a direct final notice of 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 direct final notice of deletion is being published 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 and, therefore, further remedial action pursuant to CERCLA is not appropriate.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of costs concerning the Mohawk Tannery Superfund Site in Nashua, New Hampshire (``Site''). The settlement resolves the liability of Chester Realty Trust, which is the owner of the Site, and Warren W. Kean (``Settling Parties'') for the recovery of costs incurred and to be incurred by the United States and the State of New Hampshire (``Government Parties'') in response to releases and threatened releases of hazardous substances at the Site pursuant to Sections 106 and 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9606 and 9607(a). EPA has incurred $3,452,311.00 in response costs relating to this Site. This is an ability to pay settlement based upon EPA's review of financial documentation provided to the United States by the Settling Parties. This settlement calls for the liquidation of all property owned by Chester Realty Trust, including the Site property, and payment of net insurance proceeds from claims made against insurance carriers. In addition, Warren W. Kean will make a cash payment to the Government Parties. The settlement includes a covenant not to sue the Settling Parties pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at One Congress Street, Boston, MA 02214-2023 (Telephone No. 617-918-1089).

The United States Environmental Protection Agency (EPA) Region 6 is publishing a direct final notice of deletion of the Dixie Oil Processors, 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 direct final notice of deletion is being published 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 and, therefore, further remedial action pursuant to CERCLA is not appropriate.

EPA is finalizing the updates of the Outer Continental Shelf (``OCS'') Air Regulations proposed in the Federal Register on December 1, 2005 and July 6, 2005. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act Amendments of 1990 (``the Act''). The portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District, South Coast Air Quality Management District, State of California and Ventura County Air Pollution Control District are the designated COAs. The intended effect of approving the requirements contained in ``Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources'' (February, 2006), ``South Coast Air Quality Management District Requirements Applicable to OCS Sources'' (Parts I, II and III) (February, 2006), ``State of California Requirements Applicable to OCS Sources'' (February, 2006), and ``Ventura County Air Pollution Control District Requirements Applicable to OCS Sources'' (February, 2006) is to regulate emissions from OCS sources in accordance with the requirements onshore.

On May 24, 2006 (71 FR 29786), EPA published a direct final document redesignating the Boyd County, Kentucky area to attainment for SO2. The Federal Docket Management System (FDMS) docket number was incorrectly referenced. This document corrects the docket number.

EPA is approving revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM) on March 9, 2006. The revisions include modifications to Alabama's open burning rules found at Alabama Administrative Code (AAC) Chapter 335-3-3-.01. These revisions are part of Alabama's strategy to meet the national ambient air quality standards (NAAQS) for fine particulates (PM2.5) and ozone. Open burning creates smoke that contains fine particles, volatile organic compounds and nitrogen oxides, precursors to ozone. ADEM has found that elevated levels of PM2.5 mirror the months when ozone levels are highest (May-September), and that PM2.5 levels remain elevated into October. These rules are intended to help control levels of PM2.5 and ozone precursors that contribute to high ozone and PM2.5 levels. This action is being taken pursuant to section 110 of the Clean Air Act (CAA). In the Rules Section of this Federal Register, EPA is approving Alabama's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A rationale for the approval is set forth in the direct final rule, and incorporated herein by reference. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated with regard to this proposed action. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

EPA Region 4 is publishing a direct final notice of deletion of the Davie Landfill, Superfund Site (Site), located in Davie, Florida, 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 direct final notice of deletion is being published by EPA with the concurrence of the State of Florida, through the Florida Department of Environmental Protection (FDEP) because EPA has determined that all appropriate response actions under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is not appropriate.

The Environmental Protection Agency (EPA) is proposing to extend the expiration date of the New England University Laboratories XL Project (Labs XL Project) rule that EPA previously promulgated under the eXcellence and Leadership program (Project XL), allowing laboratories at certain universities in Massachusetts and Vermont to follow certain alternative RCRA generator requirements. In this action, EPA proposes to extend the expiration date from September 30, 2006 to April 15, 2009.

EPA's Office of Pesticide Programs (OPP), in coordination with the EPA regional offices, is soliciting pesticide and special project proposals from eligible tribes, Alaska native villages, and intertribal consortia for fiscal year (FY) 2006 funding. Under this program, cooperative agreement awards will provide financial assistance to eligible tribal governments, Alaska native village governments, or intertribal consortia to carry out projects that assess or reduce risks to human health and the environment from pesticide exposure. The total amount of funding available for award in FY 2006 is expected to be approximately $400,000, with a maximum funding level of $50,000 per project.

The EPA Science Advisory Board (SAB) Staff Office is inviting the public to register and attend a public session to provide feedback on the SAB Web site development.

This notice announces the availability of EPA'sTolerance Reassessment Progress and Risk Management Decision (TRED) for the chlorinated triazine pesticide propazine, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide propazine through a modified, streamlined version of the public participation process that the Agency uses to involve the public in developing pesticide tolerance reassessment and reregistration decisions. Through the tolerance reassessment program, EPA is ensuring that all pesticides meet current health and food safety standards. The Agency is concurrently issuing for public comment the Triazine Cumulative Risk Assessment; see EPA-HQ- OPP-2005-0481 in the Notices section of this issue of the Federal Register.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of mefenoxam in or on beans (succulent shelled) and turnip greens.

This notice announces the availability of EPA's cumulative risk assessment for the chlorinated triazine group of pesticides and opens a public comment period on this document and other support documents. As required by the Food Quality Protection Act (FQPA), a cumulative risk assessment, which evaluates exposures based on a common mechanism of toxicity, was conducted to evaluate the risk from food, drinking water, and non-occupational exposure resulting from all registered uses of chlorinated triazine pesticides. The chlorinated triazine group includes the pesticides atrazine, simazine, and propazine, in addition to their three chlorinated degradates. Propazine, however, was not incorporated into the cumulative risk assessment because no dietary, drinking water, or residential human exposure to propazine is anticipated from any of the currently registered uses. The Agency is concurrently issuing for public comment the Reregistration Eligibility Decision (RED) for simazine and the Tolerance Reassessment Progress and Risk Management Decision (TRED) for propazine. See EPA-HQ-OPP-2005-0151 and EPA-HQ-OPP-2005-0496 in the Notices section of this issue of the Federal Register. A memo finalizing the Interim Reregistration Eligibility Decision for atrazine is being added to docket EPA-HQ-OPP-2003-0367.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the SAB Ecological Processes and Effects Committee.

The EPA published a notice in the Federal Register on Monday, June 12, 2006 (71 FR 33747), announcing a public workshop to be held to elicit public input and discussion on the process the Agency uses to conduct periodic reviews of national ambient air quality standards (NAAQS), as discussed in a recent report prepared by an Agency workgroup. The report is entitled ``Review of the Process for Setting National Ambient Air Quality Standards.'' This workshop is not intended to cover issues related to the ongoing review of any specific NAAQS. The purpose of today's follow-up notice is to announce the availability of telephone call-in capability and a number to call for those persons who would like to participate but are unable to attend the workshop.

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a meeting of the Gulf of Mexico Program (GMP) Management Committee (MC). For information on access or services for individuals with disabilities, please contact Gloria Car, U.S. EPA, at (228) 688-2421 or car.gloria@epa.gov. To request accommodation of a disability, please contact Gloria Car, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

On March 22, 2006, EPA published a direct final rule to approve a PM10 State Implementation Plan (SIP) maintenance plan revision for the Lakeview, Oregon nonattainment area and to redesignate the area from nonattattainment to attainment for PM10. PM10 air pollution is suspended particulate matter with a nominal diameter less than or equal to a nominal ten micrometers. We stated in the direct final rule that if EPA received adverse comment, we would publish a timely withdrawal of the direct final rule. We received adverse comment on the direct final rule, and, therefore, in a separate action, are withdrawing our direct final rule. In a parallel notice of proposed rulemaking, also published on March 22, 2006, we stated that if we received adverse comments we would address all public comments in a subsequent final rule based on the proposed rule. This final action addresses the adverse comments we received and finalizes our approval of the SIP revision and redesignation request for the Lakeview PM10 nonattainment area.

EPA is taking direct final action to approve a PM10 attainment and maintenance plan for the Medford-Ashland, Oregon nonattainment area (Medford-Ashland NAA) and to redesignate the area from nonattainment to attainment for PM10. PM10 air pollution is particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers. Also in this action, EPA is approving revisions to Oregon's statewide industrial source rules for new and modified major industrial sources of PM10 and revisions to the area-specific industrial source rules that apply in the Medford-Ashland NAA. EPA is approving the SIP revisions and redesignation request because the State adequately demonstrates that the control measures being implemented in the Medford-Ashland NAA result in attainment and maintenance of the PM10 National Ambient Air Quality Standards and all other requirements of the Clean Air Act for redesignation to attainment are met.

EPA is proposing to approve a PM10 State Implementation Plan (SIP) attainment plan and maintenance plan for the Medford-Ashland, Oregon nonattainment area (Medford-Ashland NAA) and to redesignate the area from nonattattainment to attainment for PM10. In addition, EPA is proposing to approve revisions to Oregon's statewide industrial source rules for new and modified major industrial sources of PM10 and revisions to the area-specific industrial source rules that apply in the Medford-Ashland NAA. EPA is proposing to approve the SIP revision and redesignation request because the State adequately demonstrates that the control measures being implemented in the Medford-Ashland nonattainment area result in attainment and maintenance of the PM10 National Ambient Air Quality Standards and all other requirements of the Clean Air Act for redesignation to attainment are met.

This document announces the Office of Management and Budget's (OMB) response 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.