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

EPA is proposing to approve a redesignation request and State Implementation Plan (SIP) revisions submitted by the Commonwealth of Virginia. The Virginia Department of Environmental Quality (VADEQ) is requesting that the Hampton Roads ozone nonattainment area (``Hampton Roads Area'' or ``Area'') be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). The Area is comprised of the Cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg, and the Counties of Gloucester, Isle of Wight, James City, and York, Virginia. EPA is proposing to approve the ozone redesignation request for the Hampton Roads Area. In conjunction with its redesignation request, the Commonwealth submitted a SIP revision consisting of a maintenance plan for the Hampton Roads Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is proposing to make a determination that the Hampton Roads Area has attained the 8-hour ozone NAAQS, based upon three years of complete, quality-assured ambient air quality monitoring data for 2003-2005. EPA's proposed approval of the 8-hour ozone redesignation request is based on its determination that the Hampton Roads Area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA). In addition, the Commonwealth of Virginia has also submitted a 2002 base-year inventory for the Hampton Roads Area, and EPA is proposing to approve that inventory for the Hampton Roads Area as a SIP revision. EPA is also providing information on the status of its adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the maintenance plan for the Hampton Roads Area for purposes of transportation conformity, and is also proposing to approve those MVEBs. EPA is proposing approval of the redesignation request and of the maintenance plan and 2002 base-year inventory SIP revisions in accordance with the requirements of the CAA.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Working Committee on Water Quality/Pesticide Disposal (WC/WQ/PD) will hold a 2-day meeting, beginning on April 30, 2007 and ending May 1, 2007. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

EPA is proposing to approve the Visible Emissions portion of the State Implementation Plan (SIP) revision submitted to EPA, by the Alabama Department of Environmental Management (ADEM), on September 11, 2003 (the ``2003 ADEM submittal''), provided it is revised as described in this action and submitted as a SIP revision. The open burning portion of the submittal was previously approved in a separate action on March 9, 2006 (71 FR 12138).

EPA is revising the EPA Acquisition Regulation (EPAAR) to establish policy and procedures for acquiring environmentally preferable meeting and conference services. This EPAAR revision adds a prescription and solicitation provision that Agency employees are required to use when soliciting quotes or offers for meeting and conference space and services. The solicitation provision requires meeting and conference venues to provide EPA with information about environmentally preferable features and practices in use at their facilities. As stated in the Federal Acquisition Regulation (FAR), environmentally preferable products and services are those ``that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.'' The intent of this rule is to ensure that environmental preferability is considered in each purchase of commercial meeting and conference services, which furthers the EPA mission to protect human health and the environment. This action revises the EPAAR, but does not impose any new requirements on Agency contractors. The procedure requires Agency employees to request information from prospective meeting venues about their environmentally preferable (green) practices for consideration in the award decision, thus encouraging the industry to adopt more of these practices so that we will be more likely to do business with them. This rule imposes no requirement or standard that a facility must meet in order to do business with us.

EPA is proposing to revise the Code of Federal Regulations (CFR) for the purpose of giving the Wisconsin Department of Natural Resources (WDNR) full regulatory responsibility for EPA-issued Prevention of Significant Deterioration (PSD) permits. WDNR has the necessary state legislative authority to take responsibility for the permits, and has demonstrated that it has adequate resources to maintain oversight of these permits.

EPA is proposing to approve revisions to the State Implementation Plan (SIP) submitted by the State of Tennessee, through Tennessee Department of Environment and Conservation (TDEC), on August 18, 1999 and July 16, 2001. The revisions pertain to the Knox County portion of the Tennessee SIP and include changes to the Knox County Air Quality Regulations Section 51.0Standards for Cement Kilns. These standards set nitrogen oxides (NOX) emissions control, compliance demonstration, certification, record keeping, and reporting requirements for Portland cement kilns in the County. The revisions were initially reviewed by TDEC, which found them to be as stringent as the State's requirements. After review of this submittal, EPA concurs with TDEC's finding. The proposed changes are part of the Knox County strategy to meet the national ambient air quality standards by reducing the emissions of NOX, a precursor of ozone formation. Because of the harmful health effects of ozone, EPA limits the amount of volatile organic compounds and NOX that can be released into the atmosphere. This action is being taken pursuant to section 110 of the Clean Air Act. In the Final Rules Section of this Federal Register, the EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. 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 rule. 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.

This notice announces receipt of an application 56228-EUP-GI from the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) requesting an experimental use permit (EUP) for the mammalian gonadotropin releasing hormone (GnRH). The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.

The Local Government Advisory Committee and the Small Community Advisory Subcommittee (SCAS), Steering Committee, and workgroups for Water, Indicators, Regulations, Watersheds and Coastlines, and Solid Waste/Environmental Reclamation will meet on May 2-4, 2007 in Washington, DC The SCAS will meet on May 3, 11:30 a.m.- 1:30 p.m. for a strategic planning session. The Committee will hear comments from the public between 3:30 p.m.- 4 p.m. on Thursday, May 3. Each individual or organization wishing to address the LGAC meeting will be allowed a maximum of five minutes to present their point of view. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule agenda time. Time will be allotted on a first come, first serve basis, and the total period for comments may be extended, if the number of requests for appearances require it. This is an open meeting and all interested persons are invited to attend. LGAC meeting minutes and Subcommittee summary notes will be available after the meeting online or by written request to the DFO. Members of the public are requested to call the DFO at the number listed below if planning to attend so that arrangements can be made to comfortably accommodate attendees as much as possible. Seating will be on a first come, first serve basis.

This regulation establishes tolerances for residues of tetraconazole in or on peanut, pecan, sugarbeet and soybean. Sipcam Agro USA, Inc. and Isagro S.p.A. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide dikegulac sodium, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the dikegulac sodium Docket. Dikegulac sodium is a plant growth regulator used in greenhouses, nurseries, and on landscape trees, ornamentals, and plants. EPA has reviewed dikegulac sodium through a modified low risk version of the Agency's public participation process with a public comment period following the publication of the RED. Through this process, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces receipt of an application to register a pesticide product that proposes new uses for certain of its active ingredients pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

This action announces the Environmental Protection Agency's (EPA's) intent to implement an expedited process for approving alternative testing methods for existing regulations for drinking water contaminants. The Safe Drinking Water Act (SDWA) authorizes EPA to approve the use of alternative testing methods through publication of a notice in the Federal Register instead of through rulemaking procedures. EPA plans to use this streamlined authority to make additional methods available for analyzing drinking water compliance and unregulated contaminant monitoring samples. This expedited approach will provide public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. This notice requests comments on implementation aspects of the expedited method approval process.

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 which is abstracted below describes the nature of the collection and the 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. This ICR is scheduled to expire on May 31, 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.

By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks (OUST) is advising the public that EPA is issuing for public comment draft operator training grant guidelines for states. In this notice, EPA is publishing the draft operator training grant guidelines in their entirety. In addition, EPA will subsequently post the draft on EPA's Web site. EPA will accept public comments on the draft guidelines submitted by May 10, 2007. Because EPA does not consider this a notice and comment rulemaking under the Administrative Procedure Act based on the exemption for grant documents (5 U.S.C. 553(a)(2)), EPA will consider but not respond to comments and will not establish a rulemaking docket. EPA developed the draft operator training grant guidelines as required by Section 9010 of Subtitle I of the Solid Waste Disposal Act, as amended by Section 1524 of the Energy Policy Act of 2005.

EPA is proposing to approve revisions to the Minnesota State Implementation Plan (SIP) for sulfur dioxide (SO2). Specifically, the revisions involve Flint Hills Resources, L.P. (Flint Hills) of Dakota County, Minnesota. In these revisions, Flint Hills is expanding operations at its petroleum refinery. To account for the increased SO2 emissions from the expansion, Flint Hills is closing its sulfuric acid plant. An analysis of the revisions shows that the area air quality will be protected. Minnesota has also included additional monitoring requirements in the revisions.

The EPA's Science Advisory Board (SAB) Staff Office is announcing a public meeting of the SAB Hypoxia Advisory Panel to discuss and develop its preliminary draft advisory report concerning the hypoxic zone in the Gulf of Mexico.

EPA continues to have environmental concerns about adverse impacts to water quality, wildlife habitat and native vegetation, and suggests that the ROD include additional BMPs that avoid or reduce impacts to these resources. EIS No. 20070023, ERP No. F-AFS-L65521-WA, Buckhorn Access Project, To Utilize the Marias Creek Route to Construct and Reconstruct Roads, Funding, NPDES Permit and U.S. Army COE Section 404 Permit, Okanogan and Wenatchee National Forests, Tonasket Ranger District, Okanogan County, WA. Summary: The Final EIS addressed EPA's comments on the NPDES permit and surface water quality; however, EPA continues to have environmental concerns about impacts to wetlands. EPA requests that the ROD include detailed information on the performance bond and implementation of the monitoring plan based on the most recent modeling and analysis of water resources. Additionally, the ROD should outline how the monitoring activities of 3 agencies will be coordinated. EIS No. 20070062, ERP No. F-NPS-H65025-NE, Niobrara National Scenic River General Management Plan, Implementation, Brown, Cherry, Keya Paha and Rock Counties, NE. Summary: EPA does not object to the proposed action. EIS No. 20070066, ERP No. F-BLM-K65294-AZ, Arizona Strip Field Office Resource Management Plan, which includes: Vermilion Cliffs National Monument, Grand-Canyon-Parashant National Monument (Parashant) BLM Portion, General Management Plan for the Grand Canyon-Parashant National Monument NPS Portion of Parashant, Implementation, AZ. Summary: No formal comment letter was sent to the preparing agency.

This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the Bacillus thuringiensis Vip3Aa20 protein and the genetic material necessary for its production in corn when applied or/used as a plant-incorporated protectant. Syngenta Seeds, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting the temporary tolerance exemption. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus thuringiensis Vip3Aa20 protein and the genetic material necessary for its production in corn when applied or/used as a plant-incorporated protectant on field corn, sweet corn, and popcorn. The temporary tolerance exemption expires on March 31, 2008.

EPA has received a quarantine exemption request from the United States Department of Agriculture (USDA) to use the pesticide ethylene oxide (EtO); Receipt (CAS No. 75-21-8) to sterilize the interior surfaces of enclosed animal isolator units to control microorganisms to create a germ free environment for research at USDA National Veterinary Services laboratories (NVSL) and at the National Animal Disease Center (NADC) in Ames, IA. The application proposes the use of a pesticide containing an active ingredient which is the subject of a Special Review. Due to the urgent nature of the emergency and the very narrow and extremely limited use being requested, EPA has eliminated the public comment period. Nonetheless, interested parties may still contact the Agency with comments about this notice and treatment program.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of two meetings (one face-to-face and one via conference call) of the Board of Scientific Counselors (BOSC) Technology for Sustainability Subcommittee.