The Federal Register

National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing

Wed, Dec 21 2005 11:00:00 GMT

On May 13, 2005 (70 FR 25676), EPA issued direct final rule amendments and a parallel proposal to provide additional compliance options for the national emission standards for hazardous air pollutants (NESHAP) for Miscellaneous Coating Manufacturing. One proposed amendment specified that compliance with the weight percent hazardous air pollutant (HAP) limit in coatings products may be demonstrated based on formulation data. However, the proposed amendment did not include de minimis limits for HAP in formulation data as allowed in other surface coating NESHAP. Due to adverse comment, we withdrew that provision of the direct final, and we are now issuing final amendments to specify that certain raw material formulation data as supplied to coating manufacturers may be used to demonstrate compliance with the weight percent HAP limit.

Regulation of Fuel and Fuel Additives: Extension of California Enforcement Exemptions for Reformulated Gasoline to

Wed, Dec 21 2005 11:00:00 GMT

This final rule exempts refiners, importers, and blenders of gasoline subject to the State of California's Phase 3 reformulated gasoline (CaRFG3) regulations from certain enforcement provisions in the Federal reformulated gasoline (RFG) regulations. We are taking this action because we believe that gasoline complying with the CaRFG3 regulations will provide emissions benefits equivalent to Federal Phase II RFG and because California's compliance and enforcement program will in practice be sufficiently rigorous to assure that the standards are met. Since the Federal RFG program began in 1995, California refiners, importers and blenders have been continuously exempted from certain enforcementrelated requirements such as recordkeeping and reporting, and certain sampling and testing requirements. This final rule extends those exemptions, which are applicable to California Phase 2 gasoline, to CaRFG3. It also restores the definition of ``California gasoline'' which was erroneously and accidentally d

National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities

Wed, Dec 21 2005 11:00:00 GMT

The EPA is proposing revised standards to limit emissions of perchloroethylene (PCE) from existing and new dry cleaning facilities. In 1993, EPA promulgated technologybased emission standards to control emissions of PCE from dry cleaning facilities. As required by section 112(d)(6) of the Clean Air Act (CAA), EPA has reviewed the standards and is proposing revisions to take into account new developments in production practices, processes, and control technologies. In addition, pursuant to CAA section 112(f), EPA has evaluated the remaining risk to public health and the environment following implementation of the technologybased rule and is proposing more stringent standards in order to protect public health with an ample margin of safety. The proposed standards are expected to provide further reductions of PCE beyond the 1993 national emission standards for hazardous air pollutants (NESHAP), based on application of equipment and work practice standards.

Extension of Tolerances for Emergency Exemptions (Multiple Chemicals)

Wed, Dec 21 2005 11:00:00 GMT

This regulation extends time-limited tolerances for the pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These actions are in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a timelimited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA.

Revised Compliance Dates for National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation

Wed, Dec 21 2005 11:00:00 GMT

EPA proposes to extend certain compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements (40 CFR part 122) and Effluent Limitations Guidelines and Standards (ELGs) (40 CFR part 412) for concentrated animal feeding operations (CAFOs) in conjunction with EPA's efforts to respond to the order issued by the Second Circuit Court of Appeals in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). The purpose of today's proposed rule is to address timing issues associated with the Agency's response to the Waterkeeper decision.

This proposal would revise dates established in the 2003 CAFO rule, issued on February 12, 2003, by which facilities newly defined as CAFOs were required to seek permit coverage and by which all CAFOs were required to have nutrient management plans (NMPs) developed and implemented. EPA is proposing to extend the date by which operations defined as CAFOs as of April 14, 2003, who were not defined as CAFOs prior to that

Proposed Consent Decree, Clean Air Act Citizen Suit

Wed, Dec 21 2005 11:00:00 GMT

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Environmental Defense: Environmental Defense v. EPA, No. C 052090 SC (N.D. CA). On June 6, 2005, Environmental Defense filed a complaint alleging that EPA had failed to perform a nondiscretionary duty by not granting or denying within 18 months Environmental Defense's Petition asking the Administrator to add diesel engine exhaust to the list of hazardous air pollutants contained in section 112(b)(3) of the Clean Air Act (``CAA''). Under the terms of the proposed consent decree, by June 12, 2006, EPA shall either deny or propose to grant Environmental Defense's petition to list diesel exhaust as a hazardous air pollutant. If EPA proposes to grant the petition, then by May, 2007, EPA shall either grant or deny the petition.

Notice of Filing of a Pesticide Petition for Amendment to a Regulation for Residues of Copper Sulfate Pentahydrate in

Wed, Dec 21 2005 11:00:00 GMT

This notice announces the initial filing of a pesticide petition proposing the amendment of a regulation for residues of the antimicrobial and/or fungicide copper sulfate pentahydrate in or on various food and feed commodities.

Notice of Filing of a Pesticide Petition for Establishment of a Regulation for Residues of

Wed, Dec 21 2005 11:00:00 GMT

This notice announces the initial filing of a pesticide petition proposing the establishment of a regulation for an exemption from the requirement of a tolerance for residues of the antimicrobial poly(hexamethylenebiguaanide) hydrochloride (PHMB) in or on all food commodities when the residues are the result of the lawful application of a food contact surface sanitizer containing PHMB at 550 parts per million (ppm).

Notice of Filing of a Pesticide Petition for the Amendment of Regulations for Residues of Glufosinate-ammonium and its

Wed, Dec 21 2005 11:00:00 GMT

This notice announces the initial filing of a pesticide petition proposing the amendment of regulations in 40 CFR 180.473(d) for the indirect or inadvertent residues of the herbicide glufosinate ammonium (butanoic acid, 2amino4(hydroxymethylphosphinyl),
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monoammonium salt) and its metabolite, 3methylphosphinicopropionic acid expressed as2amino4(hydroxymethylphosphinyl)butanoic acid equivalents in or on forage, hay, and straw of small grains (Crop Group 16).

Notice of Filing of a Pesticide Petition for an Amendment to a Regulation for Residues of Listeria Specific

Wed, Dec 21 2005 11:00:00 GMT

This notice announces the initial filing of a pesticide petition proposing the amendment of a regulation for residues of the antimicrobial, LMP102, Listeria specific bacteriophages in or on food commodities when used in accordance with good manufacturing practices as the active ingredient in an antimicrobial pesticide formulation provided that the substance is applied on a semipermanent or permanent food contact surface (other than being applied on food packaging) with adequate draining before contact with food.

Imazapyr Risk Assessments, Notice of Availability, and Risk Reduction Options

Wed, Dec 21 2005 11:00:00 GMT

This notice announces the availability of EPA's risk assessments, related documents for the imidazolinone pesticide imazapyr, and opens a 60 day 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 imazapyr through a modified, 4Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

Propylene Oxide Risk Assessment; Notice of Availability and Risk Reduction Options; Extension of Comment Period

Wed, Dec 21 2005 11:00:00 GMT

EPA issued a notice in the Federal Register of November 9, 2005, concerning propylene oxide (PPO). This document is extending the comment period for 30 days, from January 9, 2006, to February 8, 2006, in response to a request by the Almond Board of California.

Napropamide Reregistration Eligibility Decision; Notice of Availability

Wed, Dec 21 2005 11:00:00 GMT

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide napropamide, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the napropamide Docket. Napropamide is a preemergent herbicide that is used on a number of fruits and vegetables. EPA has reviewed napropamide through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

Pesticide Product Registrations; Conditional Approval

Wed, Dec 21 2005 11:00:00 GMT

This notice announces Agency approval of applications submitted by Sipcam Agro, USA Inc. to conditionally register the pesticide products, Tetraconazole Technical, EPA Registration Number 6006311 and Eminent 125 SL Fungicide, EPA Registration Number 60063 12, containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(7)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

Notice of Availability of the Nanotechnology White Paper External Review Draft

Wed, Dec 21 2005 11:00:00 GMT

The U.S. Environmental Protection Agency is submitting the Nanotechnology White Paper External Review Draft for independent external peer review, which will be conducted in the February timeframe. Public comments will be accepted prior to the meeting of the external peer review panel. All comments received by January 31, 2006 will be shared with the external peer review panel for their consideration. Comments received beyond that time will be considered by EPA. The public release of this draft document is solely for the purpose of seeking public comment and peer review. This draft white paper does not represent and should not be construed to represent any EPA policy, viewpoint, or determination. Members of the public may obtain the draft white paper from http://www.regulations.gov; or

Certain New Chemicals; Receipt and Status Information

Wed, Dec 21 2005 11:00:00 GMT

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a
premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from November 8, 2005 to November 16, 2005, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.