Welcome to this edition of BLR's Regulatory Update, covering your state(s) and federal register activity posted to Enviro.BLR.com between June 18 and June 21, 2004.

Federal

Final Regulations

(06/24/2004) Federal - Final Regulations - Superfund
40 CFR 300 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
EPA has announced the deletion of the property known as 475 South Jefferson Street in Orange, New Jersey, which is part of Operable Unit Two of the U.S. Radium Corp. Superfund Site, from the National Priorities List and requests public comment on this action.

(06/23/2004) Federal - Final Regulations - Pesticides
40 CFR 180 - C8, C10, and C12 Straight-Chain Fatty Acid Monoesters of Glycerol and Propylene Glycol; Exemption from the Requirement of a Tolerance
EPA has announced this regulation to establish an exemption from the requirement of a tolerance for residues of the C8, C10, and C12 straight-chain fatty acid monoesters of glycerol and propylene glycol on all raw agricultural commodities and food when applied/used in accordance with good agricultural practices.

(06/23/2004) Federal - Final Regulations - Pesticides
40 CFR 180 - Lactic acid, n-propyl ester, (S); Exemption from the Requirement of a Tolerance
EPA has announced this regulation to establish an exemption from the requirement of a tolerance for residues of lactic acid, n-propyl ester, (S) on raw agricultural commodities when used as an inert ingredient in pesticide formulations applied to growing crops or to raw agricultural commodities after harvest, or animals.

(06/22/2004) Federal - Final Regulations - Hazardous Materials Transportation
49 CFR 171, 172, 173, and 178 - Harmonization With UN Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions
RSPA has announced a response to appeals submitted by affected parties of the July 31, 2003 final rule regarding Hazardous Materials Regulations based on corresponding provisions of international standards. This final rule amends certain requirements of the previous rule and corrects errors in the July 31, 2003 final rule.

(06/21/2004) Federal - Final Regulations - Air Permitting
40 CFR 70 - CAA Operating Permit Program; Notice of Final Orders on Petitions to Object to Three State Operating Permits
EPA has announced its response to petitions asking EPA to object to operating permits issued by NYSDEC. Specifically, the Administrator has partially granted and partially denied each of the petitions submitted by NYPIRG to object to each of the state operating permits issued to, Sirmos Division of Bromante Corporation, New York City Transit Authority's East NY Bus Depot, and New York Organic Fertilizer Company's sludge pelletization facility.

(06/18/2004) Federal - Final Regulations - Air - General
40 CFR 81 - Air Quality Designations and Classifications for the 8-Hour Ozone; NAAQSs; Deferral of Effective Date
EPA has granted a deferral of the effective date to the 8-hour ozone nonattainment designation for Clark County, Nevada. This deferral is based on additional information submitted by Nevada demonstrating that, due to the late finding of nonattainment in the state, it did not have sufficient time to recommend an appropriate boundary for the Las Vegas nonattainment area.

(06/18/2004) Federal - Final Regulations - Air - General
40 CFR 81 - Air Quality Designations and Classifications for the 8-Hour Ozone; NAAQSs; Early Action Compact Areas With Deferred Effective Dates
EPA has granted a deferral of the effective date for the nonattainment designation of Hamilton and Meigs Counties, Tennessee, and Catoosa County, Georgia, based on additional information submitted by these areas. The basis for this action is an updated modeling analysis completed by these areas that demonstrate attainment of the 8-hour ozone National Ambient Air Quality Standards (NAAQS) by December 31, 2007.

Notices

(06/24/2004) Federal - Notices - Environmental Protection Agency
National Advisory Council for Environmental Policy and Technology
EPA has given notice of a meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice and recommendations to the Administrator of EPA on a broad range of environmental policy, technology, and management issues.

(06/23/2004) Federal - Notices - Pesticides
2,4-Dichlorophenoxyacetic Acid; Availability of Risk Assessment
EPA has given notice of the availability of risk assessments that were developed as part of EPA's process for making pesticide Reregistration Eligibility Decisions and tolerance reassessments. These risk assessments are the human health, the environmental fate and effects risk assessments, and related documents for the broad-spectrum herbicide 2,4-dichlorophenoxyacetic acid (2,4-D acid), registered for the control of broadleaf weeds in numerous agricultural, forestry, aquatic, and turf applications.

(06/23/2004) Federal - Notices - Air - General
Air Quality Criteria for Particulate Matter
EPA has given notice that the National Center for Environmental Assessment, within EPA's Office of Research and Development, has made available for public review and comment revised drafts of Chapters 7, 8, and 9 of EPA's document Air Quality Criteria for Particulate Matter, which incorporate revisions made in response to earlier external review of those chapters.

(06/23/2004) Federal - Notices - Pesticides
Dinocap; Completion of Comment Period for Reregistration Eligibility Decision Document
EPA has given notice that pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, concludes the comment period for the Reregistration Eligibility Decision for dinocap. No comments were submitted.

(06/23/2004) Federal - Notices - Pesticides
MCPA; Availability of Risk Assessments
EPA has given notice of the availability of risk assessments that were developed as part of EPA's process for making pesticide Reregistration Eligibility Decisions and tolerance reassessments consistent with the Federal Food, Drug, and Cosmetic Act. These risk assessments are the human health and environmental fate and effects risk assessments and related documents for 4-chloro-2-methylphenoxy acetic acid (MCPA).

(06/23/2004) Federal - Notices - Enforcement
Notice of Lodging of Consent Decree Pursuant to CWA - United States v. City of Lebanon, Missouri
DOJ has given notice that a proposed consent decree in United States v. City of Lebanon, Missouri, was lodged with the U.S. District Court for the Western District of Missouri, Southern Division. This consent decree requires the defendants to pay a civil penalty of $72,000 and to perform injunctive relief to address permit violations at the City's wastewater treatment plant as well as to address sewage overflows from the City's sewage collection system.

(06/23/2004) Federal - Notices - Enforcement
Notice of Lodging of Consent Decree Under CERCLA - United States v. Industrial Excess Landfill, Inc.
DOJ has given notice a proposed Consent Decree in United States v. Industrial Excess Landfill, Inc. was lodged with the U.S. District Court for the Northern District of Ohio. The consent decree resolves claims against five defendants brought by EPA for response costs incurred in responding to the release of hazardous substances at the Industrial Excess Landfill Superfund Site in Uniontown, Ohio.

(06/23/2004) Federal - Notices - Pesticides
Pesticide Product; Registration Applications
EPA has given notice to announce the receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act.

(06/23/2004) Federal - Notices - Pesticides
Spinosad; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food
EPA has given notice of the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

(06/22/2004) Federal - Notices - Environmental Protection Agency
Gulf of Mexico Program Citizens Advisory Committee Meeting
EPA has given notice of the Gulf of Mexico Program Citizens Advisory Committee. The proposed agenda includes the topics of EPA's Non-point Source Pollution Program, Master Farmer Program in Louisiana, Davis Pond Freshwater Diversion Project, and the Chesapeake Bay Citizens Advisory Committee--Building Support.

(06/22/2004) Federal - Notices - Hazardous Materials Transportation
Massachusetts Requirements on the Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste
RSPA has given notice of administrative determination of preemption by its Associate Administrator for Hazardous Materials Safety.

(06/22/2004) Federal - Notices - Property Transfer
Proposed Administrative Settlement; Denova Environmental Site
EPA has given notice of a proposed Agreement and Covenant Not to Sue associated with the Denova Environmental Superfund Site was executed by the United States on May 12, 2004. The proposed Prospective Purchaser Agreement would resolve certain potential claims of the United States against the purchaser, Target Corporation. The Purchaser plans to acquire the 20-acre parcel constituting the Superfund Site, and use the property as part of a distribution center.

(06/22/2004) Federal - Notices - Enforcement
Proposed CERCLA Administrative Cost Recovery Settlement; Denova Environmental Site
EPA has given notice of a proposed administrative settlement for recovery of past response costs concerning the Denova Environmental Site in Rialto, San Bernardino County, California The settling parties are Intercoastal, L.L.C., Michael L. Webster, John C. Webster, Laurence Webster, Amberwick Corporation, and Carol Cole. The settlement requires the settling parties to pay $640,000 to EPA.

(06/22/2004) Federal - Notices - Air - General
Science Advisory Board Staff Office, Clean Air Scientific Advisory Committee; Notice of Advisory Committee Meeting
EPA's Science Advisory Board Staff Office has announced a public meeting of the Clean Air Scientific Advisory Committee's Ambient Air Monitoring and Methods Subcommittee to conduct a consultation on methods for measuring coarse-fraction particulate matter in ambient air, based upon performance evaluation field studies conducted by EPA.

(06/21/2004) Federal - Notices - Superfund
Agency Information Collection Activities: Information Collection Request for Superfund Site Evaluation and Hazard Ranking System
EPA has given notice that it is planning to submit to OMB an Information Collection Request for its Superfund site evaluation and hazard ranking system, EPA ICR Number 1488.06, OMB Control Number 2050-0095.

(06/21/2004) Federal - Notices - Total Maximum Daily Loads
Clean Water Act: Final Agency Action on 3 Total Maximum Daily Loads
EPA has given notice of the final agency action on 3 TMDLs prepared by EPA Region 6 for waters listed in the state of Arkansas, under section 303(d) of the Clean Water Act. These TMDLs were completed in response to the lawsuit styled Sierra Club, et al. v. Clifford, et al., No. LR-C-99-114.

(06/21/2004) Federal - Notices - Pesticides
FIFRA Scientific Advisory Panel; Notice of Public Meeting
EPA has given notice of a 2-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review a hazard and dose-response assessment for Dimethoate.

(06/21/2004) Federal - Notices - NPDES
Final Issuance of General NPDES Permits for Small Publicly Owned Treatment Works and Other Small Treatment Works Treating Domestic Sewage in Alaska
EPA has given notice of the exempted action from the review requirements of the general NPDES permits for small POTWs and other small treatment works treating domestic sewage in Alaska. Alaska DEC, certified that the subject discharges comply with the applicable provisions of CWA, and that the general permits are in compliance with the Standards of the Alaska Coastal Management Program.

(06/21/2004) Federal - Notices - Security
National Drinking Water Advisory Council's Water Security Working Group Meeting Announcement
EPA has announced the first teleconference meeting of the Water Security Working Group (WSWG) of the National Drinking Water Advisory Council. The purpose of this conference call is to provide a forum for the WSWG members to introduce themselves, discuss the ground rules and standard operating procedures, and develop an estimated time frame and approach to complete the WSWG charge.

(06/21/2004) Federal - Notices - Drinking Water
National Drinking Water Advisory Council; Request for Nominations
EPA has given notice that it invites all interested persons to nominate qualified individuals to serve a three-year term as members of the National Drinking Water Advisory Council. This Council was established by the Safe Drinking Water Act (SDWA) to provide practical and independent advice, consultation, and recommendations to the Agency on the activities, functions, and policies related to the implementation of the SDWA.

(06/18/2004) Federal - Notices - Air - General
Agency Information Collection Activities: Proposed Collections; Request for Comment on Five Proposed ICRs
EPA has given notice that it is planning to submit five continuing Information Collection Requests (ICRs) to the Office of Management and Budget. This is a request to renew five existing approved collections.

(06/18/2004) Federal - Notices - Environmental Impact Statement
Environmental Impact Statements and Regulations; Availability of EPA Comments
EPA has given notice of the availability of EPA comments prepared pursuant to the Environmental Review Process, under section 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Policy Act as amended.

(06/18/2004) Federal - Notices - Environmental Impact Statement
Environmental Impact Statements; Notice of Availability
EPA has given notice of weekly receipt of Environmental Impact Statements filed June 7, 2004, through June 11, 2004.

(06/18/2004) Federal - Notices - Environmental Protection Agency
Notice of Public Meeting of the National Environmental Education Advisory Council
EPA has given notice that the National Environmental Education Advisory Council, established under section 9 of the National Environmental Education Act of 1990, will hold a public meeting on July 29 and 30, 2004.

(06/18/2004) Federal - Notices - Enforcement
Proposed CERCLA Administrative Cost Recovery Settlement; Potomac Yard CERCLA Removal Site
EPA has given notice of a proposed administrative settlement for recovery of past response costs concerning the Potomac Yard CERCLA Removal Site located in Alexandria and Arlington County, Virginia, with Commonwealth Atlantic Land V Inc., the settling party.

(06/18/2004) Federal - Notices - Ag Waste
Retraction of Notice of Intent to Prepare an EIS
EPA has given notice to retract the Notice of Intent to prepare an Environmental Impact Statement for the proposed reissuance of National Pollutant Discharge Elimination System General Permits, OKG010000 and NMG010000, for Concentrated Animal Feeding Operations in Oklahoma and New Mexico, and Indian lands in Oklahoma and New Mexico.

(06/18/2004) Federal - Notices - Enforcement
Sadler Drum Superfund Site; Notice of Proposed Settlement
EPA has given notice of its proposal to enter into a settlement for the partial reimbursement of past response costs, pursuant CERCLA, concerning the Sadler Drum Superfund Site in Mulberry, Polk County, Florida.

Proposed Regulations

(06/24/2004) Federal - Proposed Regulations - Superfund
40 CFR 300 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
EPA has issued a notice of intent to propose the deletion of the property known as 475 South Jefferson Street in Orange, New Jersey, which is part of Operable Unit Two of the U.S. Radium Corp. Superfund Site, from the National Priorities List and requests public comment on this action.

(06/23/2004) Federal - Proposed Regulations - Air - General
40 CFR 55 - Outer Continental Shelf Air Regulations; Consistency Update for California
EPA has proposed to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area, as mandated by the Clean Air Act.

(06/22/2004) Federal - Proposed Regulations - Hazardous Materials Transportation
49 CFR 171, 172, 173, 175, 176, 178 and 180 - Harmonization With UN Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions
RSPA has proposed to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.

(06/22/2004) Federal - Proposed Regulations - Hazardous Materials Transportation
49 CFR 171, 172, 173, 175, 176, 178 and 180 - Harmonization With UN Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions
RSPA has proposed to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements.

(06/21/2004) Federal - Proposed Regulations - Mobile Sources
Correction - 40 CFR 86 - Control of Air Pollution From New Motor Vehicles: In-Use Testing for Heavy-Duty Diesel Engines and Vehicles
EPA has announced a correction to its proposed rulemaking concerning air pollution control published June 10, 2004. This notice provides the rule text that was absent from the original rule.

Florida

Final Regulations

(06/23/2004) Florida - Final Regulations - Underground Storage Tanks
FAC 62-761 - Underground Storage Tank Systems
Florida DEP has amended its rules governing underground storage tank systems, effective June 21, 2004.

(06/23/2004) Florida - Final Regulations - Aboveground Storage Tanks
FAC 62-762 - Aboveground Storage Tank Systems
Florida DEP has amended its rules governing aboveground storage tank systems, effective June 21, 2004.

Notices

(06/23/2004) Florida - Notices - Total Maximum Daily Loads
Basin-Specific Verified Lists of Impaired Waters, Group 3 Basins, 2004
Florida DEP has given notice of the development of draft verified lists of impaired waters for water bodies and water segments within the following basins: Choctawhatchee/St. Andrews Bay, Upper St. Johns River, Sarasota Bay/Peace River/Myakka River, Caloosahatchee River, and Lake Worth Lagoon/Palm Beach Coast.

(06/23/2004) Florida - Notices - Water - General
Calendar of Events - Water Management Districts
Florida Water Mangement Districts have given notice of scheduled public hearings.

Proposed Regulations

(06/23/2004) Florida - Proposed Regulations - Training
Correction - FAC 40B-2.321 - Permitting of Water Use
Florida Suwannee River Water Management District has issued a correction to proposed FAC 40B-2.321.

(06/23/2004) Florida - Proposed Regulations - Pesticides
FAC 5E-2.033 - Organo-Auxin Herbicides: Restrictions and Prohibitions
Florida Department of Agriculture and Consumer Services has proposed to amend FAC 5E-2.033 - Organo-Auxin Herbicides: Restrictions and Prohibitions.

(06/23/2004) Florida - Proposed Regulations - Pesticides
FAC 5E-9 - Licensed Pesticide Applicators and Dealers
Florida Department of Agriculture and Consumer Services has proposed various amendments to its rules coverning pesticide applictors and dealers.

(06/23/2004) Florida - Proposed Regulations - Incineration
FAC 62-210.200, 62-210.300 - Definitions; Permits Required (Notice Only)
Florida DEP has proposed amendments that would address air pollution from air curtain incinerators, including conditions of exemption from air permitting for portable units. (Notice Only)

(06/23/2004) Florida - Proposed Regulations - Air - General
FAC 62-256 - Open Burning and Frost Protection Fires (Notice Only)
Florida DEP has proposed amendments to address air pollution from open burning activities, other than those open burning activities regulated by the Department of Agriculture and Consumer Services, Division of Forestry. (Notice Only)

(06/23/2004) Florida - Proposed Regulations - Water - General
FAC 62-503.600, 62-602.700 - Priority List Information; Planning, Design, Construction, and Procurement Requirements
Florida DEP has announced changes to its proposed amendments of FAC 62-503.600 Priority List Information and FAC 62-602.700 Planning, Design, Construction, and Procurement Requirements.

(06/23/2004) Florida - Proposed Regulations - Pesticides
Withdrawal - FAC 5E-2.033 - Organo-Auxin Herbicides: Restrictions and Prohibitions
Florida Department of Agriculture and Consumer Services has given notice that the June 4, 2004, proposed rule FAC 5E-2.033 - Organo-Auxin Herbicides: Restrictions and Prohibitions has been withdrawn.