Environmental Protection Agency 2006 – Federal Register Recent Federal Regulation Documents

Under section 122 (h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the Industrial Metal Alloys Superfund Site located in Winston-Salem, Forsyth County, North Carolina..

This action approves Nebraska's Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved states. On September 27, 2006, Nebraska submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program.

New source performance standards (NSPS) limiting emissions of, among other pollutants, nitrogen oxides (NOX) from industrial-commercial-institutional steam generating units capable of combusting more than 100 million British thermal units (Btu) per hour were promulgated on November 25, 1986. The standards limit NOX emissions from the combustion of fossil fuels either solely or in combination with other fuels or wastes. The standards include provisions for the establishment of facility-specific NOX standards for steam generating units which simultaneously combust fossil fuel and chemical byproduct/waste under certain conditions. This amendment promulgates a facility-specific NOX standard for a steam generating unit which simultaneously combusts fossil fuel and chemical byproduct offgas at the Innovene USA LLC facility located in Lima, Ohio.

This action approves Missouri's Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved states. On April 14, 2006, Missouri submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision consists of the removal of a Consent Agreement (Agreement) currently in the SIP for the control of sulfur dioxide emissions from Burlington Industries located in Clarksville, Virginia. This Agreement has been superseded by a federally enforceable state operating permit that imposes operating restrictions on the facility's boilers and the shutdown of the remainder of the facility. This action is being taken under the Clean Air Act (CAA).

This notice announces the availability of EPA's revised risk assessments for the N-methyl carbamate pesticide aldicarb. In addition, this notice solicits public comment on risk reduction options for aldicarb, as well as an initial impacts and/or preliminary benefits assessmentfor a number of aldicarb uses. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing an Interim Reregistration Eligibility Decision (IRED) for aldicarb through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Subsequently, EPA will complete the cumulative assessment for N-methyl carbamate pesticides, including aldicarb. Additional risk mitigation for dietary concerns may be necessary for aldicarb at that time. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces the initial filing of pesticide petition proposing the establishment of regulations for residues of cymoxanil in or on caneberry.

EPA is requesting comment on draft guidance discussing our intended approach for the certification of light-duty diesel vehicles and heavy-duty diesel engines using selective catalyst reduction (SCR) systems to meet EPA emissions standards.

EPA is promulgating amendments to the Toxic Substances Control Act (TSCA) section 12(b) export notification regulations at subpart D of 40 CFR part 707. One amendment changes the current annual notification requirement to a one-time requirement for exporters of chemical substances or mixtures (hereinafter referred to as ``chemicals'') for which certain actions have been taken under TSCA. Relatedly, for the same TSCA actions, EPA is changing the current requirement that the Agency notify foreign governments annually after the Agency's receipt of export notifications from exporters to a requirement that the Agency notify foreign governments once after it receives the first export notification from an exporter. EPA is also promulgating de minimis concentration levels below which notification will not be required for the export of any chemical for which export notification under TSCA section 12(b) is otherwise required, promulgating other minor amendments (to update the EPA addresses to which export notifications must be sent, to indicate that a single export notification may refer to more than one section of TSCA where the exported chemical is the subject of multiple TSCA actions, and to correct an error in 40 CFR 799.19 that currently omits mentioning multi-chemical test rules as being among those final TSCA section 4 actions that trigger export notification), and clarifying exporters' and EPA's obligations where an export notification-triggering action is taken with respect to a chemical previously or currently subject to export notification due to the existence of a previous triggering action.

In compliance with the Paperwork Reduction Act (PRA)(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 for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public teleconference and meeting of the Ethylene Oxide (EtO) Review Panel to review the Agency's draft assessment, ``Evaluation of the Carcinogenicity of Ethylene Oxide''.

A meeting of the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) will be held from December 12, 2006-December 14, 2006, in Alexandria, VA. At this meeting, the NAC/AEGL Committee will address, as time permits, the various aspects of the acute toxicity and the development of AEGLs for the following chemicals: Allyl alcohol, carbon disulfide, carbonyl fluoride, ethyl benzene, mercury vapor, methacrylaldehyde, methyl vinyl ketone, N,N-dimethylformamide, oxygen difluoride, phosphorus trichloride, propargyl alcohol, selenium hexafluoride, stibine, sulfur dioxide, and thionyl chloride. In addition, proposed AEGL chemicals listed for public comment in the October 12, 2006 Federal Register (71 FR 60141-60143) (FRL-8095-1) will be considered for elevation from Proposed to Interim AEGL chemicals.

Louisiana has applied to the EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through this immediate final action. The EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments which oppose this authorization during the comment period, the decision to authorize Louisiana's changes to its hazardous waste program will take effect. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.

EPA is proposing to approve the State Implementation Plan (SIP) revision to the Low Enhanced Vehicle Inspection/Maintenance Program for the State of Louisiana. This revision addresses the exemption of the two newest model year gasoline-fueled passenger cars and gasoline-fueled trucks from On-Board Diagnostic (OBD) testing. We are taking this action in accordance to Section 110 of the Clean Air Act.

EPA does not object to the proposed action. Rating LO. EIS No. 20060284, ERP No. D-FHW-E40808-KY, I-66 Somerset to London Project, Construction from the Vicinity of the Northern Bypass (I-66) in Somerset, KY to I-75 between London and Corbin Cities, Pulaski, U.S. Army COE Section 404 Permit, Rockcastle and Laurel Counties, KY. Summary: EPA expressed environmental concerns about impacts to wetlands, karst features and associated water resources, stream and river crossings, and potential construction-related impacts to the Daniel Boone National Forest. Rating EC2. EIS No. 20060356, ERP No. D-COE-F32198-00, Lock and Dam 3 Mississippi River Navigation Safety and Embankments, To Reduce Related Navigation Safety and Embankment Problems, Upper Mississippi River, Goodhue County, MN and Pierce County, WI. Summary: EPA expressed environmental concerns about the proposed mitigation for impacts to forested floodplains and water quality, and requested additional information regarding the analysis of cumulative impacts. Rating EC2. EIS No. 20060358, ERP No. D-AFS-K39101-CA, Lake Davis Pike Eradication Project, To Eradicate Pike and Re-Establish Trout Fishery in the Tributaries, Special-Use-Permit, Plumas National Forest, Plumas County, CA. Summary: EPA expressed environmental concerns about drinking water impacts, the possible presence of toxic blue-green algae, discharge permit requirements, neutralization options, and the overall effectiveness of the eradication project. Rating EC2. EIS No. 20060368, ERP No. D-NSF-K99036-HI, Advanced Technology Solar Telescope Project, Construction of Site at the University of Hawaii Institute for Astronomy, Haleakala High Altitude Observatory (HO) Site, Island of Maui, HI. Summary: EPA expressed environmental concerns about impacts to cultural resources, Native Hawaiians, Haleakala National Park, and endangered species. Rating EC2. EIS No. 20060337, ERP No. DS-COE-E39051-FL, Lake Okeechobee Regulation Schedule Study, Updated Information on Operational Changes to the Current Water Control Plan, Caloosahatchee and St. Lucie River Estuaries, Lake Okeechobee, FL. Summary: EPA commented that the interim schedule will need to be re-evaluated in 2010 when additional storage areas are in place, and requested clarification regarding the existing conditions of Lake Okeechobee and estuaries, as well as the potential effects of the proposed new schedule on Total Maximum Daily Load (TMDL) goals. Rating EC1.

Under section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the Flura Corporation Leaking AST Superfund Site located in Newport, Cocke County, Tennessee.

EPA is taking direct final action to approve revisions to the Lake County Air Quality Management District (LCAQMD), Monterey Bay Unified Air Pollution Control District (MBUAPCD), San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD), and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are approving local rules that address particulate matter (PM-10) emissions from open burning, general area sources, cotton gins, incinerators, and fuel burning equipment.

Idaho has applied to EPA for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Idaho's application, has preliminarily determined that these changes satisfy all requirements needed to qualify for final authorization, and is proposing to authorize the State's changes.

This notice announces the initial filing of pesticide petitions proposing the establishment of regulations for residues of fenamidone in or on carrot; sunflower; brassica, head and stem, subgroup 5A; brassica, leafy greens, subgroup 5B; vegetables, fruiting, group 8; vegetable, leafy, except brassica, group 4; strawberry; and cotton.

The Environmental Protection Agency (EPA or we) is announcing the availability of, and soliciting public comments for 45 days on, the proposed approvals of the radioactive, remote-handled (RH), transuranic (TRU) waste characterization programs implemented by the Central Characterization Project (CCP) at Idaho National Laboratory (INL) and Argonne National Laboratory (ANL). This waste is intended for disposal at the Waste Isolation Pilot Plant (WIPP) in New Mexico. These are the first proposed approvals for the characterization of RH waste. In accordance with the WIPP Compliance Criteria, EPA evaluated the characterization of RH TRU debris waste from INL-CCP and ANL-CCP during inspections conducted the weeks of June 12, 2006, and September 11, 2006, respectively. Using the systems and processes developed as part of the U.S. Department of Energy's (DOE's) Carlsbad Field Office (CBFO) program to characterize RH TRU waste, EPA verified whether DOE could adequately characterize RH TRU waste consistent with the Compliance Criteria. The results of EPA's evaluations of the INL-CCP and ANL-CCP programs and their proposed approvals are described in the Agency's inspection reports, which are available for review in the public dockets listed in ADDRESSES. We will consider public comments received on or before the due date mentioned in DATES. This notice summarizes the waste characterization processes evaluated by EPA and EPA's proposed approvals. As required by the 40 CFR 194.8, at the end of a 45-day comment period EPA will evaluate public comments received, and if appropriate, finalize the reports responding to the relevant public comments, and issue final reports and approval letters to DOE.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Iowa. This revision proposes updates to Code of Federal Regulation (CFR) amendment dates, makes a clarification to the state air quality rules for laundry activities listed under construction permit exemptions, and adopts American Meteorological Society/Environmental Protection Agency Regulatory Model (AERMOD). The proposed SIP revisions are necessary for consistency with Federal regulations.

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 request by registrants to voluntarily cancel certain pesticide registrations and providing a public comment period.

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 requests by registrants to voluntarily cancel and amend their registrations to terminate uses of certain products containing the pesticide triadimefon. The requests would terminate triadimefon use in or on apples, pears, grapes, raspberries, and residential turf. The requests would not terminate the last triadimefon product registered for use in the United States. EPA intends to grant these requests 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 requests, or unless the registrants withdraw their requests 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.

Pursuant to section 111(b)(1)(B) of the Clean Air Act, the EPA has reviewed the emission standards for volatile organic compounds contained in the standards of performance for equipment leaks of volatile organic compounds in the synthetic organic chemicals manufacturing industry and equipment leaks of volatile organic compounds in petroleum refineries. This action proposes amendments to these standards based on this review. Specifically, we are proposing amendments to increase the stringency of the leak definitions for pumps and valves. We are also proposing several technical clarifications and corrections to existing provisions. The clarifications and corrections in the regulations would apply to all sources that are subject to rules that reference these regulations.

The Environmental Protection Agency published a document in the Federal Register of October 19, 2006, concerning request for comments on an Information Collection Request for Federal Emissions Guidelines for Existing Municipal Solid Waste Landfills, EPA ICR Number 1893.04, OMB Control Number 2060-0430. The document contained an incorrect EPA Docket ID Number.