Environmental Protection Agency June 13, 2007 – Federal Register Recent Federal Regulation Documents

EPA has entered into a consent agreement with Shell Oil Company (``Shell'' or ``Respondent'') to resolve violations of the Safe Drinking Water Act (``SDWA'') and the Resource Conservation and Recovery Act (``RCRA'') and their implementing regulations. The Administrator is hereby providing public notice of this Consent Agreement and proposed Final Order, and providing an opportunity for interested persons to comment on the SDWA portions of this Consent Agreement in accordance with SDWA section 1423(c)(3)(B).

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR, entitled: ``Polychlorinated Biphenyls (PCBs), Consolidated Reporting and Recordkeeping Requirements'' and identified by EPA ICR No. 1446.09 and OMB Control No. 2070-0112, is scheduled to expire on February 29, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

EPA is re-opening the comment period for a proposed rule published April 12, 2007 (72 FR 18428). On April 12, 2007, EPA proposed to approve a revision to the State Implementation Plan for the State of Alabama regarding the State's visible emissions rule, Alabama Rule 335- 3-4-.01 ``Visible Emissions.'' At the request of a commentor, EPA is re-opening the comment period through July 11, 2007.

In the Federal Register of February 3, 2006, EPA issued the notice of intent to implement a federal program to certify applicators of restricted use pesticides (RUPs) in Navajo Indian Country. The program will be implemented by EPA Region 9, located in San Francisco, CA. In the notice, EPA solicited comments from the public on EPA's intent to implement a federal certification plan in Navajo Indian Country and on its proposed Federal Plan for Certification of Restricted Use Pesticides in Navajo Indian Country (federal plan). No comments were received and EPA hereby implements the federal plan. Applicators who currently purchase and/or apply RUPs in Navajo Indian Country will have until October 11, 2007 to become certified by EPA. After that date, applicators of RUPs must hold the appropriate EPA certification to purchase and/or apply in Navajo Indian Country. Failure to hold the appropriate certification after October 11, 2007 may result in federal enforcement action in accordance with section 12(a)(2)(F) of FIFRA. This notice also serves to announce the form (EPA Form 8500-17-N) EPA will use for pesticide applicators seeking certification in Navajo Indian Country. Pesticide applicators seeking certification to use RUPs in Navajo Indian Country must complete this form and submit it to EPA Region 9 at the location listed under ADDRESSES.

EPA Region 6 is announcing issuance of final National Pollutant Discharge Elimination System (NPDES) general permits for storm water discharges from small municipal separate storm sewer systems (sMS4s) located in the State of New Mexico (NMR040000), Indian Country Lands in New Mexico (NMR04000I), and Indian Country Lands in Oklahoma (OKR04000I). Hereinafter, the term ``permit'' will be used to refer collectively to all three general permits. A document containing the Agency's responses to public comments on the proposed permit is available. The permit will authorize the discharges from sMS4s in accordance with the terms and conditions described therein. This notice also revises the effective and expiration dates of the permit, as well as the Notice of Intent deadline, and announces minor revisions and corrections to the final permit and supporting documents.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR, entitled: ``Certification of Pesticide Applicators'' and identified by EPA ICR No. 0155.09 and OMB Control No. 2070-0029, is scheduled to expire on December 31, 2007. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

The EPA is approving a revision to the Indiana Department of Environmental Management's (IDEM) volatile organic compound (VOC) rules for new facilities into the Indiana State Implementation Plan (SIP). This revised rule, submitted by IDEM on July 17, 2006, exempts facilities subject to the boat manufacturing and reinforced plastics composites production national emission standards for hazardous air pollutants (NESHAPS) from the requirement to do a case-by-case State Best Available Control Technology (BACT) analysis under the Indiana SIP, provided that they comply with the applicable NESHAPS. This rule revision is approvable because the only hazardous air pollutant covered by these NESHAPS rules is styrene, a toxic substance which is also classified as a VOC. Therefore, the VOC control requirements in these rules are always applicable. In addition, the provisions in these rules are enforceable and result in a clearly defined level of VOC reductions dependent upon the specific type of operation. These rules were proposed for approval on January 25, 2007, and comments were received supporting EPA's approval.

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 voluntarily cancel the registration of a product containing the pesticide nitrapyrin. Nitrapyrin is used to delay nitrification of ammonia and urea nitrogen fertilizer compositions in the soil by controlling the nitrification process. The request would terminate one of three remaining nitrapyrin end-use products registered for use in the United States. 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 its request within this period. Upon acceptance of this request, any sale, distribution, or use of the product 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.

EPA's Biopesticides and Pollution Prevention Division in cooperation with the Registration Division and the Field and External Affairs Division will host a public workshop on June 19, 2007. The purpose of the workshop is to share technical information on updates and latest developments in repellents efficacy testing, and alternatives to human subjects testing for efficacy of skin-applied repellents. Experts in product performance testing from other agencies of the Federal government, Department of Defense, United States Department of Agriculture, Centers for Disease Control, and private laboratories have been invited and are expected to attend. The invitation is also extended to the general public. Proceedings from this meeting will inform EPA for completing OPPTS Harmonized Guideline 810.3700. The revised OPPTS Harmonized 810.3700 testing guideline, Product Performance of Skin-Applied Repellents of Insect and other Arthropods, has already been through the Science Advisory Panel and the Human Studies Review Board review in recent years. The guideline provides guidance for adequate testing of performance of skin-applied repellents on insects and other arthropods of human health significance.