Environmental Protection Agency March 2007 – Federal Register Recent Federal Regulation Documents

National and Governmental Advisory Committees to the U.S. Representative to the Commission for Environmental Cooperation
Document Number: E7-5924
Type: Notice
Date: 2007-03-30
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the National Advisory Committee (NAC) and Governmental Advisory Committee (GAC) to the U.S. Representative to the North American Commission for Environmental Cooperation (CEC). The National and Governmental Advisory Committees advise the EPA Administrator in his capacity as the U.S. Representative to the CEC Council. The Committees are authorized under Articles 17 and 18 of the North American Agreement on Environmental Cooperation (NAAEC), North American Free Trade Agreement Implementation Act, Public Law 103-182, and as directed by Executive Order 12915, entitled ``Federal Implementation of the North American Agreement on Environmental Cooperation.'' The NAC is composed of 12 members representing academia, environmental non-governmental organizations, and private industry. The GAC consists of 12 members representing state, local, and tribal governments. The Committees are responsible for providing advice to the U.S. Representative on a wide range of strategic, scientific, technological, regulatory, and economic issues related to implementation and further elaboration of the NAAEC. The purpose of the meeting is to formulate recommendations on how to make the work of the CEC more relevant and valuable to U.S. stakeholders. The committees will also provide advice on U.S. priorities for the CEC Council Session in June 2007. A copy of the agenda for the meeting will be posted at http://www.epa.gov/ocem/nacgac-page.htm.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E7-5905
Type: Notice
Date: 2007-03-30
Agency: Environmental Protection Agency
EPA expressed environmental concerns about the potential for adverse impacts to water quality from non-system roads and from roads needing repair or maintenance. The final EIS should address the strategy for implementing effective enforcement and compliance with new road designations and restrictions, as well as repairing and maintaining existing roads.
Environmental Impacts Statements; Notice of Availability
Document Number: E7-5903
Type: Notice
Date: 2007-03-30
Agency: Environmental Protection Agency
Approval and Promulgation of Implementation Plans; Ohio; Volatile Organic Compound Emission Control Measures for Cincinnati and Dayton
Document Number: E7-5800
Type: Rule
Date: 2007-03-30
Agency: Environmental Protection Agency
The EPA is approving several volatile organic compound (VOC) rules, that were submitted on May 9, 2006, into the Ohio State Implementation Plan (SIP). These rules would partially replace the VOC reductions from Ohio's vehicle inspection and maintenance (E-Check) program (which ended on December 31, 2005) in the Cincinnati and Dayton areas. These rules include a provision requiring the use of lower emitting solvents in cold cleaner degreasers, the use of more efficient auto refinishing painting application techniques and a rule requiring the use of lower emitting portable fuel containers. These rules are approvable because they contain more stringent requirements than Ohio's existing rules and they are enforceable. Ohio has correctly calculated their VOC emission reduction impact. EPA is also approving several other rule revisions, all of which meet EPA requirements, including an exemption for Ohio's printing rules, a site-specific rule for an aerosol can filling facility, elimination of the fluid catalytic cracking unit limitations for a Marathon Petroleum LLC facility, and an alternative leak detection and repair program for the Premcor Lima Refinery. These rules were proposed for approval on December 6, 2006, and no adverse comments were received.
Approval and Promulgation of Implementation Plans; Arizona; Motor Vehicle Inspection and Maintenance Programs
Document Number: E7-5558
Type: Rule
Date: 2007-03-30
Agency: Environmental Protection Agency
EPA is approving two revisions to the Arizona State Implementation Plan submitted by the Arizona Department of Environmental Quality. These revisions consist of: changes to Arizona's Basic and Enhanced Vehicle Emissions Inspection Programs to exempt collectible vehicles in the Phoenix metropolitan area, and collectible vehicles and motorcycles in the Tucson metropolitan area, from emissions testing requirements; an updated performance standard evaluation for the vehicle emissions inspection program in the Phoenix area; and new contingency measures. EPA is approving these two state implementation plan revisions because they meet all applicable requirements of the Clean Air Act and EPA's regulations and because the exemptions will not interfere with attainment or maintenance of the national ambient air quality standards in the two affected areas. EPA is finalizing this action under the Clean Air Act obligation to take action on State submittals of revisions to state implementation plans. The intended effect is to exempt these vehicle categories from the emissions testing requirements of the State's vehicle emissions inspection programs as approved for the Phoenix and Tucson areas but also to provide a mechanism to reinstate the requirements in the event of a violation of the carbon monoxide national ambient air quality standard in the Phoenix or Tucson area.
Commodity-Grade Mercury: Notice of Stakeholder Panel Process, Notice of Public Meeting, and Solicitation of Public Comment
Document Number: E7-5813
Type: Notice
Date: 2007-03-29
Agency: Environmental Protection Agency
The Environmental Protection Agency, in conjunction with other Federal agencies and offices, is announcing a stakeholder panel process to provide approaches for management of non-Federal supplies of commodity-grade mercury. The need for management arises from concern that some mercury supplies may ultimately be released into the environment, resulting in human exposure with the potential to cause adverse health effects. A stakeholder panel will hold a series of meetings with the kickoff meeting in Washington, DC on May 8, 2007. EPA invites the public to submit written comments to the EPA on the issues the stakeholder panel will address. Stakeholder panel meetings will be open to the public and there will be opportunity for public comment at each meeting. Information on the public meetings will be available at http://www.epa.gov/mercury/roadmap.htm.
EPA Science Advisory Board Staff Office; Request for Nominations of Experts for the Acrylamide Review Panel
Document Number: E7-5810
Type: Notice
Date: 2007-03-29
Agency: Environmental Protection Agency
Requesting the nomination of experts for the Science Advisory Board (SAB) Acrylamide Review Panel.
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Control of Gasoline Volatility
Document Number: E7-5809
Type: Proposed Rule
Date: 2007-03-29
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Ohio on February 14, 2006 and October 6, 2006, establishing a lower Reid Vapor Pressure (RVP) fuel requirement for gasoline distributed in the Cincinnati and Dayton 8- hour ozone nonattainment areas. Ohio has developed these fuel requirements to reduce emissions of volatile organic compounds (VOC) in accordance with the requirements of the Clean Air Act (CAA). EPA is proposing to approve Ohio's fuel requirements into the Ohio SIP because EPA has found that the requirements are necessary for the Cincinnati and Dayton areas to achieve the 8-hour ozone national ambient air quality standard (NAAQS). This action is being taken under section 110 of the CAA.
Regulation of Fuels and Fuel Additives: Extension of the Reformulated Gasoline Program to the East St. Louis, IL Ozone Nonattainment Area
Document Number: E7-5808
Type: Rule
Date: 2007-03-29
Agency: Environmental Protection Agency
EPA published a direct final rule on December 27, 2006, to extend the reformulated gasoline program to the Illinois portion of the St. Louis Illinois-Missouri ozone nonattainment area effective as of May 1, 2007. However, we received an adverse comment during the 30 day comment period and are now withdrawing that direct final rule.
Risk and Technology Review, Phase II, Group 2
Document Number: E7-5805
Type: Proposed Rule
Date: 2007-03-29
Agency: Environmental Protection Agency
This ANPRM asks for public comment on hazardous air pollutant emissions and other model input data that EPA intends to use to assess residual risk from selected industrial major source categories, as required by the Clean Air Act. Specifically, the data are comprised of hazardous air pollutant emission estimates and emission release parameters for 22 industrial source categories subject to 12 national emission standards for hazardous air pollutants for hazardous air pollutants with compliance dates of 2002 and earlier. The source of this information is the February 2006 version of the 2002 National Emissions Inventory, updated with some facility-specific data collected by EPA. We are seeking comment on the emissions and source data found at the Risk and Technology Review Web site and we are providing the opportunity for the public to submit technical corrections and updates. Following review of comments received, we will update the data, as appropriate, and assess risk for these source categories. We will use these risk estimates and our evaluation of the availability, cost, and feasibility of emissions reduction options to determine the ample margin of safety for residual risk and to fulfill our obligations to conduct a technology review. We currently anticipate using the results of these risk estimates along with review of control technology as the basis for our decisions on whether to propose additional standards to address residual risk for each source category. There will be opportunity for oral and written comment on any additional standards when we publish our Notice of Proposed Rulemaking (NPRM). We anticipate proposing the results of this risk and technology review for these 22 source categories by fall 2007.
A Screening Assessment of the Potential Impacts of Climate Change on Combined Sewer Overflow (CSO) Mitigation in the Great Lakes and New England Regions
Document Number: E7-5803
Type: Notice
Date: 2007-03-29
Agency: Environmental Protection Agency
EPA is announcing a 30-day public comment period for the draft document titled, ``A Screening Assessment of the Potential Impacts of Climate Change on Combined Sewer Overflow (CSO) Mitigation in the Great Lakes and New England Regions'' (EPA/600/R-07/033A). The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. 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. EPA will consider any public comments submitted in accordance with this notice when revising the document.
Draft Toxicological Review of Nitrobenzene (CASRN 98-95-3): In Support of the Summary Information in the Integrated Risk Information System (IRIS)
Document Number: E7-5801
Type: Notice
Date: 2007-03-29
Agency: Environmental Protection Agency
EPA is announcing that the Oak Ridge Institute of Science and Education (ORISE), under an 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 Nitrobenzene: In Support of Summary Information in the Integrated Risk Information System (IRIS).'' The EPA also is announcing a public comment period for the external review 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 ORISE 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 the National Center for Environmental Assessment's (NCEA's) home page under the Recent Additions and the Publications menus at http://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.
Proposed Consent Decree, Clean Air Act Citizen Suit
Document Number: E7-5799
Type: Notice
Date: 2007-03-29
Agency: Environmental Protection Agency
In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Sierra Club in the United States District Court for the Northern District of California San Francisco Division: Sierra Club v. EPA, No. C 06-5288 MHP (N.D. CA). On August 29, 2006, Sierra Club filed a complaint claiming that EPA had failed to perform a non-discretionary duty under CAA section 111(b) to review and, if appropriate, revise the new source performance standards (``NSPS'') for new and modified Portland cement plants (Subpart F). Under the terms of the proposed consent decree, or before May 31, 2008, the appropriate EPA official shall sign, and within 10 business days of signing, forward to the Federal Register for publication one or a combination of the following: (a) A proposed rule revising the NSPS Subpart F, and/or (b) a proposed and/or final determination not to revise NSPS Subpart F. On or before May 31, 2009, the appropriate EPA official shall sign, and within 10 business days of signing, forward to the Federal Register for publication, one or a combination of the following: (a) A final rule revising the NSPS Subpart F; and/or (b) a final determination not to revise NSPS Subpart F.
A Screening Assessment of the Potential Impacts of Climate Change on the Costs of Implementing Water Quality-Based Effluent Limits at Publicly Owned Treatment Works in the Great Lakes Region
Document Number: E7-5798
Type: Notice
Date: 2007-03-29
Agency: Environmental Protection Agency
EPA is announcing a 30-day public comment period for the draft document titled, ``A Screening Assessment of the Potential Impacts of Climate Change on the Costs of Implementing Water Quality-Based Effluent Limits at Publicly-Owned Treatment Works in the Great Lakes Region'' (EPA/600/R-07/034A). The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. 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. EPA will consider any public comments submitted in accordance with this notice when revising the document.
Significant New Use Rules on Certain Chemical Substances and Notification on Certain Substances for Which Significant New Use Rules are Not Being Issued
Document Number: E7-5797
Type: Rule
Date: 2007-03-29
Agency: Environmental Protection Agency
EPA is promulgating significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 65 chemical substances which were the subject of premanufacture notices (PMNs). Thirteen of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 65 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. This direct final rule also provides notification on two substances for which EPA has decided not to issue significant new use rules at this time.
Approval and Promulgation of Air Quality Implementation Plans; Indiana
Document Number: E7-5655
Type: Rule
Date: 2007-03-29
Agency: Environmental Protection Agency
The EPA is approving revisions to Indiana's State Implementation Plan (SIP) submitted on August 25, 2006, revising its existing emission reporting rule to be consistent with the emission statement program requirements for stationary sources in the Clean Air Act (CAA). The rationale for approval and other information are provided in this rulemaking action.
Approval and Promulgation of Air Quality Implementation Plans; Indiana
Document Number: E7-5654
Type: Proposed Rule
Date: 2007-03-29
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to Indiana's State Implementation Plan (SIP) submitted on August 25, 2006, revising its existing emission reporting rule to be consistent with the emission statement program requirements for stationary sources in the Clean Air Act (CAA). Indiana held public hearings on the submittal on December 7, 2005, and March 1, 2006.
California State Nonroad Engine and Vehicle Pollution Control Standards; Authorization of Marine Outboard, Personal Watercraft and Tier One Inboard/Sterndrive Engine Standards, Notice of Decision
Document Number: E7-5665
Type: Notice
Date: 2007-03-28
Agency: Environmental Protection Agency
EPA today, pursuant to section 209(e) of the Clean Air Act (Act), 42 U.S.C. 7543(e), is granting California its requests for authorization of its Marine Spark-Ignition Engines regulations for outboard and personal watercraft engines in their entirety, and for the first tier of regulations affecting inboard and sterndrive engines. EPA is deferring an authorization decision on the second tier of inboard and sterndrive standards pending the completion of testing currently underway to evaluate the technological feasibility of both the California inboard and sterndrive standards and Federal inboard and sterndrive standards which are expected to be proposed regulations in 2007.
Proposed CERCLA Administrative Agreement for Recovery of Response Costs; Denova Superfund Site
Document Number: E7-5664
Type: Notice
Date: 2007-03-28
Agency: Environmental Protection Agency
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed Agreement for Recovery of Response Costs (``Agreement,'' Region 9 Docket No. 9-2006- 0025) pursuant to Section 122(h) of CERCLA concerning the Denova Superfund Site, (the ``Site''), located in Rialto, California. The settling parties are Northrup Grumman, Lockheed Martin, the Boeing Company, Georgia Pacific, BNSF Railway Company, Royal Caribbean Cruises, JBL Inc., the Marquardt Company, Davis Wire Corp., Aerojet- General Corp., the Department of Energy (Lawrence Livermore National Laboratory), the Department of Energy (Sandia National Laboratory), NASA, the Department of the Interior and the Navy. The Agreement compensates EPA and the County of San Bernardino Consolidated Fire District for past response costs related to the removal action taken at the Site. The Agreement provides for a total recovery of $1,246,160. The Agreement also provides the settling parties with contribution protection under CERCLA section 113(f)(2) for response cost paid under the Agreement. 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 will be available for public inspection at the Agency's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105.
Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of Arizona; Boundary Redesignation; Finding of Attainment for Miami Particulate Matter of 10 Microns or Less (PM10
Document Number: E7-5663
Type: Rule
Date: 2007-03-28
Agency: Environmental Protection Agency
EPA is taking direct final action to approve the State of Arizona's boundary redesignation of the Hayden/Miami PM10 nonattainment area into two separate PM10 nonattainment areas: Hayden and Miami. EPA is also finding that the Miami PM10 nonattainment area is attaining the PM10 national ambient air quality standard, and, based on this attainment finding, EPA is determining that certain Clean Air Act requirements are not applicable for so long as the Miami area shows continued attainment of the standard based on current, publicly available, quality-assured monitoring data. EPA is taking this action consistent with obligations under the Clean Air Act to act on State redesignations. Lastly, EPA is correcting two errors in previous rulemakings that involved the designations of PM10 areas within the State of Arizona.
Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of Arizona; Boundary Redesignation; Finding of Attainment for Miami Particulate Matter of 10 Microns or Less (PM10
Document Number: E7-5662
Type: Proposed Rule
Date: 2007-03-28
Agency: Environmental Protection Agency
EPA is proposing to approve the State of Arizona's boundary redesignation of the Hayden/Miami PM10 nonattainment area into two separate PM10 nonattainment areas: Hayden and Miami. EPA is also proposing to find that the Miami PM10 nonattainment area is attaining the PM10 national ambient air quality standard, and, based on this attainment finding, EPA is proposing to determine that certain Clean Air Act requirements are not applicable for so long as the Miami area shows continued attainment of the standard based on current, publicly available, quality-assured monitoring data. EPA is taking this action consistent with obligations under the Clean Air Act to act on State redesignations. Lastly, EPA is proposing to correct two errors in previous rulemakings that involved the designations of PM10 areas within the State of Arizona.
Fluopicolide; Pesticide Tolerance
Document Number: E7-5628
Type: Rule
Date: 2007-03-28
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of fluopicolide in or on imported grape at 2.0 parts per million (ppm), and grape, raisin at 6.0 ppm with no U.S. registration. Bayer CropScience AG requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). The tolerance petition and data was transferred to Valent U.S.A. Corporation on January 9, 2006.
Boscalid; Pesticide Tolerances; Availability of Objections and Request for Comments
Document Number: E7-5576
Type: Notice
Date: 2007-03-28
Agency: Environmental Protection Agency
This document announces the availability of objections filed with respect to the establishment of two boscalid tolerances under section 408 of the Federal Food, Drug, and Cosmetic Act. The objections were filed on February 20, 2007 by the Natural Resources Defense Council (``NRDC''). NRDC's objections assert that EPA unlawfully removed the additional 10X safety factor for the protection of infants and children. Additionally NRDC claims that EPA's action was arbitrary and capricious for failing to provide an adequate explanation for the decision on the children's safety factor. This document seeks comment on the NRDC objections.
Pesticide Registration Review; New Dockets Opened for Review and Comment
Document Number: E7-5574
Type: Notice
Date: 2007-03-28
Agency: Environmental Protection Agency
EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. This document also announces the Agency's intent not to open a registration review docket for pyridate. This pesticide does not currently have any active federally registered pesticide products and is not, therefore, scheduled for review under the registration review program.
Protection of Stratospheric Ozone: Listing of Ozone Depleting Substitutes in Foam Blowing
Document Number: E7-5491
Type: Rule
Date: 2007-03-28
Agency: Environmental Protection Agency
Today the Environmental Protection Agency (EPA) is taking final action to determine that HCFC-22 and HCFC-142b are unacceptable for use in the foam sector under the Significant New Alternatives Policy (SNAP) program under section 612 of the Clean Air Act. The SNAP program reviews alternatives to Class I and Class II ozone depleting substances and approves use of alternatives which do not present a substantially greater risk to public health and the environment than the substance they replace or than other available substitutes. In prior rulemakings, the Agency listed HCFC-22 and HCFC-142b as unacceptable substitutes in several foam end uses; here, EPA is amending a determination for one category of end-uses and taking the following actions for remaining applications. First, EPA is finding HCFC-22 and HCFC-142b unacceptable as substitutes for HCFC-141b in commercial refrigeration, sandwich panels, and slabstock and ``other'' rigid polyurethane foams and removing narrowed use limits previously established in those applications. Second, EPA is finding HCFC-22 and HCFC-142b unacceptable as substitutes for CFCs in all foam end-uses. Third, the Agency is establishing a grandfathering period to allow existing users of HCFC-22 and HCFC-142b in pour foam applications, including commercial refrigeration, sandwich panels, and slabstock and ``other'' rigid polyurethane foams other than foam for marine applications, until March 1, 2008 to implement alternatives; existing users of HCFC-22 and HCFC-142b foam blowing agents in the manufacture of foam for marine applications (e.g., flotation foam) will be allowed to continue use of these blowing agents until September 1, 2009. Fourth, the Agency is grandfathering existing users of HCFC-22 and HCFC-142b in extruded polystyrene (XPS) foam and in all other foam end uses until January 1, 2010 in order to allow time for those users to complete their transition to alternatives.
Board of Scientific Counselors, Ecological Research Program Mid-Cycle Review Meetings-Spring 2007
Document Number: E7-5581
Type: Notice
Date: 2007-03-27
Agency: Environmental Protection Agency
Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of three meetings of the Board of Scientific Counselors (BOSC) Eco Mid-Cycle Subcommittee.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting and Recordkeeping Requirements for National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings (Renewal), EPA ICR Number 1765.04, OMB Control Number 2060-0353
Document Number: E7-4927
Type: Notice
Date: 2007-03-27
Agency: Environmental Protection Agency
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 collection and the estimated burden and cost.
Human Studies Review Board; Notice of Public Meeting
Document Number: E7-5492
Type: Notice
Date: 2007-03-26
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency's (EPA or Agency) Office of the Science Advisor (OSA) announces a public meeting of the Human Studies Review Board (HSRB) to advise the Agency on EPA's scientific and ethical reviews of human subjects' research.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Nitric Acid Plants (Renewal), EPA ICR Number 1056.09, OMB Control Number 2060-0019
Document Number: E7-5490
Type: Notice
Date: 2007-03-26
Agency: Environmental Protection Agency
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. This ICR is scheduled to expire on April 30, 2007. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Compliance Assurance Monitoring Program (Renewal); EPA ICR No. 1663.05, OMB Control No. 2060-0376
Document Number: E7-5488
Type: Notice
Date: 2007-03-26
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Emission Defect Information Reports and Voluntary Emission Recall Reports (Renewal); EPA ICR No. 0282.14, OMB Control No. 2060-0048
Document Number: E7-5486
Type: Notice
Date: 2007-03-26
Agency: Environmental Protection Agency
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.
Request for Nominations to the EPA Human Studies Review Board
Document Number: E7-5484
Type: Notice
Date: 2007-03-26
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA or Agency) Office of the Science Advisor (OSA) is soliciting nominations of qualified individuals in the area of biostatistics to serve on the Human Studies Review Board (HSRB). The HSRB is a Federal advisory committee, operating in accordance with the Federal Advisory Committee Act (FACA) 5 U.S.C. App. 2 section 9, providing advice, information, and recommendations to EPA on issues related to scientific and ethical aspects of human subjects research.
Approval and Promulgation of Implementation Plans; Texas; El Paso County Carbon Monoxide Redesignation to Attainment, and Approval of Maintenance Plan
Document Number: E7-5482
Type: Rule
Date: 2007-03-26
Agency: Environmental Protection Agency
On January 23, 2007 (72 FR 2776), EPA published a direct final rule approving the redesignation of the El Paso, Texas, carbon monoxide (CO) nonattainment area to attainment for the CO National Ambient Air Quality Standard (NAAQS) and the CO maintenance plan with its associated Motor Vehicle Emission Budgets (MVEBs). EPA also found the MVEBs adequate. The direct final action was published without prior proposal because EPA anticipated no adverse comment. EPA stated in the direct final rule that if EPA received relevant adverse comment by February 22, 2007, EPA would publish a timely withdrawal in the Federal Register. EPA subsequently received a timely relevant adverse comment on the direct final rule. Therefore, EPA is withdrawing the direct final approval, as well as the finding of adequacy for the MVEBs. EPA will address the comment in a subsequent final action based on the parallel proposal also published on January 23, 2007 (72 FR 2825).
New York: Incorporation by Reference of State Hazardous Waste Management Program
Document Number: E7-5361
Type: Rule
Date: 2007-03-26
Agency: Environmental Protection Agency
The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State regulations that will be subject to EPA's inspection and enforcement. This rule does not incorporate by reference the New York hazardous waste statutes. The rule codifies in the regulations the prior approval of New York's hazardous waste management program and incorporates by reference authorized provisions of the State's regulations. In addition, this document corrects errors made in the program revision table in Section G published in the January 11, 2005 Federal Register authorization document for New York.
Revisions to the Definition of Solid Waste
Document Number: E7-5159
Type: Proposed Rule
Date: 2007-03-26
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is today publishing a supplemental proposal which would revise the definition of solid waste to exclude certain hazardous secondary materials from regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA). We are also soliciting comments on regulatory factors to be used to determine whether recycling of hazardous secondary materials is legitimate. The Agency first proposed changes to the definition of solid waste on October 28, 2003 (68 FR 61558). The purpose of this proposal is to encourage safe, environmentally sound recycling and resource conservation and to respond to several court decisions concerning the definition of solid waste.
Guidelines Establishing Test Procedures for the Analysis of Pollutants; Analytical Methods for Biological Pollutants in Wastewater and Sewage Sludge: Final Rule
Document Number: 07-1455
Type: Rule
Date: 2007-03-26
Agency: Environmental Protection Agency
This rule modifies the EPA's Guidelines that establish approved bacterial testing procedures for analysis and sampling under the Clean Water Act. EPA proposed these changes for public comment on August 16, 2005 and April 10, 2006. These changes include approval for new methods for monitoring microbial pollutants in wastewater and sewage sludge, including EPA methods, vendor-developed methods and methods developed by voluntary consensus bodies (VCSB) as well as updated versions of currently approved methods. The addition of new and updated methods to the wastewater regulations provides increased flexibility to the regulated community and laboratories in the selection of analytical methods. In addition, EPA has made a technical, non-substantive correction.
New York: Incorporation by Reference of State Hazardous Waste Management Program
Document Number: 07-1454
Type: Proposed Rule
Date: 2007-03-26
Agency: Environmental Protection Agency
The EPA proposes to revise the codification of New York's authorized hazardous waste program which is set forth in the regulations entitled ``Approved State Hazardous Waste Management Programs'', New York's authorized hazardous waste program. EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that EPA will enforce under the Solid Waste Disposal Act, as amended and commonly referred to as the Resource Conservative and Recovery Act (RCRA). In the ``Rules and Regulations'' section of this Federal Register, the EPA is codifying and incorporating by reference the State's hazardous waste program as an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe these actions are not controversial and do not expect comments that oppose them. We have explained the reasons for this codification and incorporation by reference in the preamble to the immediate final rule. Unless we get written comments which oppose this incorporation by reference during the comment period, the immediate final rule will become effective on the date indicated, and we will not take further action on this proposal. If we get comments that oppose these actions, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.
Approval and Promulgation of Air Quality Implementation Plans; Illinois
Document Number: E7-5360
Type: Proposed Rule
Date: 2007-03-23
Agency: Environmental Protection Agency
EPA is proposing approval of revisions to volatile organic compound (VOC) rules for Formel Industries, Inc. (Formel) as a revision to the Illinois State Implementation Plan. On December 12, 2001, EPA approved an adjusted standard for Formel. Formel, a flexographic printer in Cook County, Illinois, was given an adjusted standard because Illinois determined it was not technically feasible or economically reasonable for Formel to meet the VOC control requirements for flexographic printers. Illinois withdrew the adjusted standard because Formel has installed a catalytic oxidizer that allows it to meet the VOC control requirements. This control device will reduce VOC emissions from Formel, which is a precursor to ozone formation.
Approval and Promulgation of Air Quality Implementation Plans; Illinois
Document Number: E7-5359
Type: Rule
Date: 2007-03-23
Agency: Environmental Protection Agency
The EPA is approving volatile organic compound (VOC) rules for Formel Industries, Inc. (Formel) as a revision to the Illinois State Implementation Plan (SIP) for ground level ozone. On December 12, 2001 EPA approved an adjusted standard for Formel. At that time Formel, a flexographic printer in Cook County, Illinois, was given an adjusted standard because Illinois determined it was not technically feasible or economically reasonable for Formel to meet the VOC control requirements for flexographic printers. Illinois is now withdrawing the adjusted standard because Formel has installed a catalytic oxidizer that allows it to meet the VOC control requirements. This control device will reduce VOC emissions from Formel. VOC is an ozone precursor, so the VOC emissions reduction from Formel should help reduce ozone levels in Cook County, Illinois.
Draft of Part 2 of the 2007 Release of the Causal Analysis/Diagnosis Decision Information System (CADDIS)
Document Number: E7-5358
Type: Notice
Date: 2007-03-23
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency is announcing a 30- day public review and comment period for the external review draft of Part 2 of the 2007 release of the EPA Web site titled, ``Causal Analysis/Diagnosis Decision Information System (CADDIS).'' The CADDIS Web site was developed and prepared by EPA's National Center for Environmental Assessment (NCEA) in the Office of Research and Development (ORD). NCEA will consider public comments received in accordance with this notice when revising the CADDIS Web site. EPA is releasing the draft CADDIS 2007 Web site solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. The draft CADDIS 2007 Web site has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document.
Proposed Finding of Failure To Attain; State of Arizona, Phoenix Nonattainment Area; State of California, Owens Valley Nonattainment Area; Particulate Matter of 10 Microns or Less
Document Number: E7-5357
Type: Proposed Rule
Date: 2007-03-23
Agency: Environmental Protection Agency
EPA is proposing to find that the Phoenix Planning Area (Phoenix nonattainment area) and the Owens Valley Planning Area (Owens Valley nonattainment area) did not attain the 24-hour National Ambient Air Quality Standard (NAAQS) for particulate matter of 10 microns or less (PM-10) by the deadline mandated in the Clean Air Act (CAA or the Act), December 31, 2006. These proposed findings are based on monitored air quality data for the PM-10 NAAQS from 2004 through September 2006. Several Indian tribes have reservations located within the boundaries of the Phoenix and Owens Valley nonattainment areas. EPA implements CAA provisions for determining whether such areas have attained the NAAQS by the applicable attainment deadline in these reservations. EPA is also proposing that these areas have failed to attain the PM-10 NAAQS. Thus, this proposed rule could potentially affect these tribes. Accordingly, EPA has notified the affected tribal leaders of this proposed rule and is inviting consultation with interested tribes. If EPA finalizes, after public notice and comment, these failure to attain findings, Arizona and California must submit by December 31, 2007, plan provisions that provide for attainment of the PM-10 NAAQS and that achieve 5 percent annual reductions in PM-10 or PM-10 precursor emissions as required by CAA section 189(d).
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E7-5356
Type: Notice
Date: 2007-03-23
Agency: Environmental Protection Agency
EPA expressed environmental concerns about the potential for adverse impacts to water quality from non-system roads and from roads needing repair or maintenance. The final EIS should address the strategy for implementing effective enforcement and compliance with new road designations and restrictions, as well as repairing and maintaining existing roads. Rating EC2.
Environmental Impacts Statements; Notice of Availability
Document Number: E7-5354
Type: Notice
Date: 2007-03-23
Agency: Environmental Protection Agency
Dichlorvos (DDVP); Notice of Receipt of Request to Amend to Terminate Uses of Certain Pesticide Registrations
Document Number: E7-5260
Type: Notice
Date: 2007-03-23
Agency: Environmental Protection Agency
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 dry bait formulations and in impregnated resin cat and dog flea collars. The request would not terminate the last DDVP products registered for use in the U.S. 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, or unless the registrant withdraws their request 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.
Supplemental Proposed Rulemaking on 8-Hour Ozone Redesignations for Various Areas in Michigan, Ohio and West Virginia
Document Number: E7-5352
Type: Proposed Rule
Date: 2007-03-22
Agency: Environmental Protection Agency
On December 22, 2006, the U.S. Court of Appeals for the District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule for the 8-hour ozone standard. This supplemental proposed rulemaking sets forth EPA's views on the potential effect of the Court's ruling on a number of proposed redesignation actions. This rulemaking applies to eighteen 8-hour ozone nonattainment areas in Michigan, Ohio and West Virginia, for which EPA has proposed approval of the States' redesignation requests. For the reasons set forth in the notice, EPA proposes to find that the Court's ruling does not alter any requirements relevant to these proposed redesignations that would prevent EPA from finalizing these redesignations. The EPA believes that the Court's decision, as it currently stands or as it may be modified based upon any petition for rehearing that may be filed, imposes no impediment to moving forward with redesignation of these areas to attainment, because in either circumstance, redesignation is appropriate under the relevant redesignation provisions of the Clean Air Act (CAA) and EPA's longstanding policies regarding redesignation requests.
Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines; Regulations Requiring Onboard Diagnostic Systems on 2010 and Later Heavy-Duty Engines Used in Highway Applications Over 14,000 Pounds; Revisions to Onboard Diagnostic Requirements for Diesel Highway Heavy-Duty Vehicles Under 14,000 Pounds
Document Number: E7-5266
Type: Proposed Rule
Date: 2007-03-22
Agency: Environmental Protection Agency
The EPA is announcing an extension of the public comment period within the context of our proposed heavy-duty onboard diagnostics (OBD) requirements. (72 FR 3200, January 24, 2007) Specifically, we are extending the comment period for comments pertaining to the proposed service information availability requirements for engines used in highway vehicles over 14,000 pounds. These proposed requirements can be found in the proposed Sec. 86.010- 38(j). (72 FR 3322) The comment period will be extended from March 26, 2007 to May 4, 2007. We are extending the comment period in response to a request to do so from the Engine Manufacturers Association.
Science Advisory Board Staff Office; Notification of Two Public Teleconferences and a Meeting of the Science Advisory Board Integrated Nitrogen Committee
Document Number: E7-5264
Type: Notice
Date: 2007-03-22
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) Science Advisory Board Staff Office announces two public teleconferences and a meeting of the EPA Science Advisory Board Integrated Nitrogen Committee.
Colorado; Final Approval of State Underground Storage Tank Program
Document Number: E7-5263
Type: Rule
Date: 2007-03-22
Agency: Environmental Protection Agency
The State of Colorado has applied for approval of the underground storage tank program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has reviewed the Colorado application and has reached a final determination that Colorado's underground storage tank program satisfies all of the requirements necessary to qualify for approval under the regulations. Thus, the EPA is granting final approval to the State of Colorado to operate its Underground Storage Tank Program for petroleum and hazardous substances.
New Stationary Sources; Supplemental Delegation of Authority to the Mississippi Department of Environmental Quality
Document Number: E7-5261
Type: Rule
Date: 2007-03-22
Agency: Environmental Protection Agency
The Mississippi Department of Environmental Quality (MSDEQ or agency) has requested that EPA delegate authority for implementation and enforcement of existing New Source Performance Standards (NSPS) which have been previously adopted by the agency but have remained undelegated by EPA, and has requested that EPA approve the mechanism for delegation (adopt-by-reference) of future NSPS. The purpose of MSDEQ's request for approval of its delegation mechanism is to streamline existing administrative procedures by eliminating any unnecessary steps involved in the Federal delegation process. With this NSPS delegation mechanism in place, a new or revised NSPS promulgated by EPA will become effective in the State of Mississippi on the date the NSPS is adopted-by-reference pursuant to a rulemaking of the MSDEQ, if the agency adopts the NSPS without change. ``Adopt-by-reference'' means the EPA promulgated standard has been adopted directly into the State regulations by reference to the Federal law. No further agency requests for delegation will be necessary. Likewise, no further Federal Register notices will be published. In this action, EPA is delegating authority to MSDEQ for implementation and enforcement of existing NSPS which have been previously adopted by MSDEQ and which are identified in the Supplementary Information section below. In addition, EPA is approving MSDEQ's ``adopt-by-reference'' mechanism for delegation of future NSPS.
Treatment of Data Influenced by Exceptional Events
Document Number: E7-5156
Type: Rule
Date: 2007-03-22
Agency: Environmental Protection Agency
This action finalizes a rule to govern the review and handling of air quality monitoring data influenced by exceptional events. Exceptional events are events for which the normal planning and regulatory process established by the Clean Air Act (CAA) is not appropriate. In this rulemaking action, EPA is finalizing the proposal to: Implement section 319(b)(3)(B) and section 107(d)(3) authority to exclude air quality monitoring data from regulatory determinations related to exceedances or violations of the National Ambient Air Quality Standards (NAAQS) and avoid designating an area as nonattainment, redesignating an area as nonattainment, or reclassifying an existing nonattainment area to a higher classification if a State adequately demonstrates that an exceptional event has caused an exceedance or violation of a NAAQS. The EPA is also requiring States to take reasonable measures to mitigate the impacts of an exceptional event.