Environmental Protection Agency 2006 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) is announcing that Eastern Research Group, Inc. (ERG), an EPA contractor, will convene a panel of experts and organize and conduct a meeting to gather information on the most up-to-date methods, approaches, and ethical standards for designing and implementing observational exposure measurement studies. EPA expects to use the information from the workshop in the preparation of a document on the state-of-the-science approaches for observational exposure measurement studies. The meeting will include sessions for discussion by the panel and time will be set aside for public comment. The meeting is open to the public to attend as observers. Observers who wish to make oral comments during the comment periods may sign up on the Eastern Research Group, Inc.'s online registration page. Time slots for comments will be limited to 5-minutes and observers will be scheduled to speak in the order in which they register. The public may also use a separate process to send written comments regarding the planned document electronically to the project Web site at https://www.epa.gov/nerl/sots/ or by e-mail to the EPA technical contact at Fortmann.roy@epa.gov. The charge to the panel and background materials are available primarily via the Internet on the National Exposure Research Laboratory's (NERL's) home page under the Featured Links at https://www.epa.gov/nerl/sots/.

The Director of the Caribbean Environmental Protection Division (CEPD), Environmental Protection Agency-Region 2, is issuing notice for a final National Pollutant Discharge Elimination System (NPDES) general permit and accompanying response to comments for discharges from small municipal separate storm sewer systems (Small MS4) within urbanized areas to waters of the Commonwealth of Puerto Rico. This NPDES general permit establishes Notice of Intent (NOI) requirements, standards, prohibitions and management practices for discharges of storm water from municipal separate storm sewer systems within urbanized areas owned by the Commonwealth of Puerto Rico, or political subdivisions of the Commonwealth of Puerto Rico (including ``municipios''), as well as the United States, and other systems located within an urbanized area that fall within the definition of an MS4. These include, for example, State departments of transportation (DOTs), public universities, penitentiaries, military installations and similar institutions with separate storm sewers drainage area. Owners and/or operators of small MS4s that discharge storm water will be required to submit a NOI to EPA-CEPD to be covered by the general permit and will receive a written notification from EPA-CEPD of permit coverage and authorization to discharge under the general permit. The eligibility requirements are discussed in the permit. The municipality must meet the eligibility requirements of the permit prior to submission of the NOI. This general permit does not cover new sources as defined under 40 CFR 122.2. Publication of this final general permit and response to comments complies with the requirements of 40 Code of Federal Regulations (CFR) 124.10.

On June 19, 2006, the State of North Carolina, through the North Carolina Department of Environment and Natural Resources, Division of Air Quality, submitted a final request: To redesignate the Rocky Mount 8-hour ozone nonattainment area to attainment for the 8- hour ozone National Ambient Air Quality Standard, and to approve a North Carolina State Implementation Plan revision containing a maintenance plan for Rocky Mount, North Carolina. The Rocky Mount 8- hour ozone nonattainment area is comprised of two counties, Edgecombe and Nash. EPA is proposing to approve the 8-hour ozone redesignation request for the Rocky Mount 8-hour ozone nonattainment area. Additionally, EPA is proposing to approve the 8-hour ozone maintenance plan for Rocky Mount, North Carolina. This proposal is based on EPA's determination that the State of North Carolina has demonstrated that the Rocky Mount area has met the criteria for redesignation to attainment specified in the Clean Air Act, including the determination that the entire Rocky Mount 8-hour ozone nonattainment area has attained the 8-hour ozone standard. In this action, EPA is also finding adequate and proposing to approve the 2008 and 2017 motor vehicle emissions budgets (MVEBs) for nitrogen oxides (for both Edgecombe and Nash counties) that are contained in the 8-hour ozone maintenance plan for the Rocky Mount nonattainment area. North Carolina has established subarea MVEBs at the county level so each county must consider its individual subarea MVEBs for the purposes of implementing transportation conformity. Further, in this action, EPA is proposing to find adequate and to approve the insignificance determination for volatile organic compounds' contribution from motor vehicle emissions to the 8-hour ozone pollution in the Rocky Mount, North Carolina area.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri to add a test method for compliance testing to the rule that controls emissions of nitrogen oxides of major sources in the St. Louis ozone nonattainment area.

EPA is proposing to allocate essential use allowances for import and production of class I stratospheric ozone depleting substances (ODSs) for calendar year 2007. Essential use allowances enable a person to obtain controlled class I ODSs as part of an exemption to the regulatory ban on the production and import of these chemicals, which became effective as of January 1, 1996. EPA allocates essential use allowances for exempted production or import of a specific quantity of class I ODSs solely for the designated essential purpose. The proposed allocations total 125.3 metric tons (MT) of chlorofluorocarbons (CFCs) for use in metered dose inhalers (MDIs) for 2007.

EPA is taking direct final action to approve a revision to the Maryland State Implementation Plan (SIP). The revision consists of the Nitrogen Oxides (NOX) allowance allocations for the 2008 ozone season, in accordance with Maryland's approved NOX SIP Call trading program. EPA is approving this revision to Maryland's NOX Reduction and Trading Program in accordance with the requirements of the Clean Air Act.

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 to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

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 that is abstracted below describes the nature of the collection and the estimated burden and cost.

EPA has authorized ASRC Management Services, Incorporated access to information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the following 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 estimated burden and cost.

EPA is revising the format of 40 CFR part 52 for materials submitted by the State of Wyoming that are incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by Wyoming and approved by EPA.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of West Virginia. This revision consists of amendments to West Virginia's existing Nonattainment New Source Review (NSR) preconstruction air quality permit program regulation. The intended effect of this action is to approve a State Implementation Plan (SIP) revision submitted by West Virginia Department of Environmental Quality.

This notice announces approval and requests comments on an application to register the pesticide product Racer(\TM\) Concentrate containing the active ingredient ammonium nonanoate not included in any previously registered product pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (``CERCLA''), notice is hereby given that a proposed agreement for recovery of response costs (``Proposed Agreement'') associated with the Modena Yard Superfund Site, Modena Borough and East Fallowfield Township, Chester County, Pennsylvania was executed by the Environmental Protection Agency (``EPA'') and is now subject to public comment, after which EPA may modify or withdraw its consent if comments received disclose facts or considerations which indicate that the Proposed Agreement is inappropriate, improper, or inadequate. The Proposed Agreement would resolve certain potential EPA claims under section 107 of CERCLA, against Connell Limited Partnership (``Settling Party''). The Proposed Agreement would require the Settling Party to, among other things, reimburse EPA $150,000 for response costs, including, but not limited to, removal oversight costs, incurred and to be incurred at the Site. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the Proposed Agreement. The Agency's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103.

This notice announces the availability of EPA's risk assessment(s), and related documents for the herbicidal pesticide chlorflurenol, and opens a public comment period on these documents. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for chlorflurenol through a modified, 4- Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. This is Phase 3 of the 4-Phase process. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

The Agency is issuing this notice to reschedule a meeting of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel. The meeting, originally scheduled for November 14-16, 2006, was announced in the Federal Register of September 1, 2006 (71 FR 52068; FRL-8090-3). This meeting will now be held November 15-17, 2006.

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 Constitution Road Drum Superfund Site located in Atlanta, Dekalb County, Georgia.

This notice announces receipt of an application to register a pesticide product containing a new active ingredient not included in any currently registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

EPA is taking direct final action to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on February 7, 2006. These changes to the Utah Administrative Code revise some minor technical requirements of Utah's continuous emission monitoring rules and correct several grammatical errors. The intended effect of this action is to make federally enforceable those provisions that EPA is approving. This action is being taken under section 110 of the Clean Air Act.

This notice announces receipt of an application to register Technical Indole-3-acetic Acid containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

In accordance with the Comprehensive Environmental Response Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq. (``CERCLA''), notice is hereby given of the proposed Agreement between the U.S. Environmental Protection Agency (``EPA'') and DV Luxury Resort, LLC. (``Settling Respondent''). The proposed Agreement relates to Settling Respondent's plan to build a resort hotel and condominium project at the Empire Canyon Site located in Park City, Summit County, Utah (the ``Site''). Settling Respondent is not a Potentially Responsible Party at the Site. Settling Respondent proposes to lease the Site from United Park City Mines, a Potentially Responsible Party that in 2003 entered into an Administrative Order on Consent with EPA for cleaning up historic mine waste at the Site. Pursuant to the proposed Agreement, the Settling Respondent would undertake additional cleanup at the Site appropriate so that the Site may be used for recreational purposes. The Settling Respondent has agreed to pay $38,000 to EPA in exchange for a covenant by EPA not to sue the Settling Respondent for certain response costs that may result from transporting mine wastes to the Richardson Flat Site for disposal. These funds will be deposited into the Special Account for the Richardson Flat Site. The Settling Respondent also agrees to pay EPA's oversight costs under this Agreement.

The National Environmental Education and Training Foundation was created by Section 10 of Public Law 101-619, the National Environmental Education Act of 1990. It is a private 501 (c)(3) non-profit organization established to promote and support education and training as necessary tools to further environmental protection and sustainable, environmentally sound development. It provides the common ground upon which leaders from business and industry, all levels of government, public interest groups, and others can work cooperatively to expand the reach of environmental education and training programs beyond the traditional classroom. The Foundation supports a grant program that promotes innovative environmental education and training programs; it also develops partnerships with government and other organizations to administer projects that promote the development of an environmentally literal public. The Administrator of the U.S. Environmental Protection Agency, as required by the terms of the Act, announces the following appointment to the National Environmental Education and Training Foundation, Inc. Board of Trustees. The appointees are Philippe Cousteau, Co-Founder and Chief Executive Officer of EarthEcho International and Trish Silber, President, Aliniad Consulting Partners, Inc. The appointees will join the current Board members which include: J.L. Armstrong, National Manager, Diversity Development, Toyota Motor Sales, USA Raymond Ban, Executive Vice President, Meteorology Science and Strategy, The Weather Channel, Inc. Holly Cannon, Principal of the Law Firm Beveridge&Diamond. Arthur Gibson, Vice President, Environment, Health&Safety, The Home Depot, Inc. Dorothy McSweeny, (NEETF Vice Chair), Chair, DC Commission on the Arts and Humanities. Honorable William Sessions, former Director of the Federal Bureau of Investigation. Bradley Smith, Dean, Huxley College of the Environment, Western Washington University. Kenneth Strassner, Vice President, Global Environment, Safety, Regulatory and Scientific Affairs, Kimberly-Clark Corporation. Additional Considerations: Great care has been taken to assure that these new appointees not only have the highest degree of expertise and commitment, but also brings to the Board diverse points of view relating to environmental education and training. This appointment shall be for two consecutive four year terms.

EPA is proposing to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are proposing to approve local rules that address permitting requirements.

EPA is proposing to approve requests submitted by the Indiana Department of Environmental Management on December 21, 2005 and June 27, 2006 to revise the Indiana State Implementation Plan (SIP) in two areas: (1) To amend 326 IAC 1-3-4, ambient air quality standards, to provide consistency between state and federal reference conditions for measurements of particulate matter air quality; and (2) to update the references to the Code of Federal Regulations (CFR) from the 2002 edition to the 2004 edition. In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.