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Code · REGISTER · 2007-05-25 · ENVIRONMENTAL PROTECTION AGENCY · Notices

Notices. Notice

7,613 words·~35 min read·/register/2007/05/25/07-2606

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BILLING CODE 3710-AS-M ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6687-3] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process (ERP), under section 309 of the Clean Air Act and section 102(2)(c) of the National Environmental Policy Act as amended. Requests for copies of EPA comments can be directed to the Office of Federal Activities at 202-564-7167. An explanation of the ratings assigned to draft environmental impact statements
(EISs)was published in FR dated April 6, 2007 (72 FR 17156). Draft EISs EIS No. 20060507, ERP No. D-FHW-J40175-UT, South Logan to Providence Transportation Corridor Project, Improvements to 100 East Street between 300 South (Logan) to Providence Lane (100 North) in Providence, Funding and Right-of-Way Grant, Cities of Logan and Providence, Cache County, UT. *Summary:* EPA expressed environmental concerns about impacts to wetlands, floodplains, and air impacts related to PM 2.5. EPA is also concerned about cumulative impacts. Rating EC2. EIS No. 20070053, ERP No. D-AFS-L65533-ID, Sun Valley Resort (Bald Mountain) 2005 Master Plan—Phase I Project, Implementation, Special-Use-Permits, Sawtooth National Forest, Blaine County, ID. *Summary:* EPA raised environmental concerns with the impacts to water quality, erosion, and changes stream flows. Also, the final EIS should address cumulative impacts associated with future development and expanded snowmaking operations. Rating EC2. EIS No. 20070071, ERP No. D-USA-D11041-VA, Fort Belvoir 2005 Base Realignment and Closure
(BRAC)Recommendations and Related Army Actions, Implementation, Fairfax County, VA. *Summary:* EPA expressed environmental concerns about natural resources impacts. EPA requested additional information on the locations of forest removal and habitat loss. Rating EC2. EIS No. 20070077, ERP No. D-AFS-J65376-SD, Mitchell Project Area, To Implement Multiple Resource Management Actions, Mystic Ranger District, Black Hills National Forest, Pennington County, SD. *Summary:* EPA expressed environmental concerns about human health exposure to pollutants from smoke and impacts to air quality, and impacts from road construction to water quality. Rating EC2. EIS No. 20070105, ERP No. D-USA-D15001-MD, Fort George G. Meade Base Realignment and Closure 2005 and Enhanced Use Lease
(EUL)Actions, Implementation, Anne Arundel, Howard, Montgomery, Prince George's Counties, MD. *Summary:* EPA expressed environmental concerns about the natural resources impacts. EPA requested additional information on upland habitat, wetlands, surface water, and wildlife. EPA also recommends that the cumulative impact discussion be expanded to include water and wetland resources. Rating EC2. EIS No. 20070111, ERP No. D-HUD-L85028-WA, Westpark Redevelopment Master Plan, Redevelop of 82-acre Site to create a Mixed-Use, Mixed-Income Pedestrian Oriented Urban Community, Funding and US Army COE Section 10 Permit, City of Bremerton, Kitsap County, WA. *Summary:* EPA utilized a screening tool to conduct a limited review of the EIS and, based on the screen, we do not foresee having any environmental objections to the proposed project. Rating LO. EIS No. 20070114, ERP No. D-USA-G15001-NM, Cannon Air Force Base (AFB), Proposal to Beddown, or Locate Air Force Special Operations Command (AFSOC), Implementation, Base Realignment and Closure (BRAC), NM. *Summary:* EPA had no objections to the proposed action. Rating LO. EIS No. 20070124, ERP No. D-FHW-C40169-NY, NY-112 Reconstruction Project, From I-495 to NY-25 Improve Safety and Mobility, Town of Brookhaven, Suffolk County, NY. *Summary:* EPA has no objections to the proposed project. Rating LO. EIS No. 20070079, ERP No. DS-AFS-L65509-WA, School Fire Salvage Recovery Project, To Clarify Definitions of Live and Dead Trees, Implementation, Pomeroy Ranger District, Umatilla National Forest, Columbia and Garfield Counties, WA. *Summary:* While EPA has no objections to the proposed action, EPA did recommend that the Forest Service monitor the survival of fire-damaged trees across the project area (both inside and outside of sale units) using the result to validate and calibrate the Scott Guidelines. Rating LO. EIS No. 20070113, ERP No. DS-TVA-E06008-TN, Watts Bar Nuclear Plant Unit 2, Completion and Operation, Updated Information on Extensive Environmental Record, Rhea County, TN. *Summary:* EPA expressed concern about radioactive waste disposition after 2008 and the proposed Dry Cask storage plans. EPA requested the radiological monitoring of all plant effluents along with appropriate storage and disposition of radioactive waste. Rating EC1. Final EISs EIS No. 20070101, ERP No. F-FHW-F40430-IN, US-31 Kokomo Corridor Project, Preferred Alternative is J, Transportation Improvement between IN-26 and U.S. 35 Northern Junction, City of Kokomo and Center Township, Howard and Tipton Counties, IN. *Summary:* EPA continues to express concern that adequate mitigation is not being proposed. EIS No. 20070117, ERP No. F-AFS-D65036-PA, Allegheny National Forest, Proposed Revised Land and Resource Management Plan, Preferred Alternative is Cm, Implementation, Elk, Forest, McKean and Warren Counties, PA. *Summary:* EPA still has concerns with the potential for adverse impacts from oil and gas development to water quality and wildlife resources. EPA encourages the Forest Service to work closely with the permitting agencies and state environmental agencies to minimize impacts from these activities. EIS No. 20070128, ERP No. F-AFS-L65511-ID, Myrtle Creek Healthy Forest Restoration Act Project, Proposes Aquatic and Vegetation Improvement Treatments, Panhandle National Forests, Bonners Ferry Ranger District, City of Bonners Ferry, Boundary County, ID. *Summary:* No formal comment letter was sent to the preparing agency. EIS No. 20070135, ERP No. F-AFS-L65507-ID, White/White Analysis Project, Preferred Alternative is 4, Vegetative Management and Watershed Improvement, Lolo Creek, Chamook Creek, White Creek, Mike White Creek, Nevada Creek, and Utah Creek, Lochsa Ranger District, Clearwater National Forest, Idaho and Clearwater County, ID. *Summary:* While EPA supports the proposed watershed improvement activities, we have continued concerns related to 303(d) listed streams. EPA recommends implementing BMPs for other activities such as grazing and placer mining to improve aquatic habitat and water quality. EIS No. 20070137, ERP No. F-AFS-L65482-ID, Aspen Range Timber Sale and Vegetation Treatment Project, Preferred Alternative is 5, Proposal to Treat Forested and Nonforested Vegetation, Caribou-Targhee National Forest, Soda Springs Ranger District, Caribou County, ID. *Summary:* EPA has no objections to the proposed project. EIS No. 20070095, ERP No. FS-AFS-L65383-ID, Hidden Cedar Project, Updated Information, Manage Vegetation Conditions and the Transportation System, Idaho Panhandle National Forests, St. Joe Ranger District, Benewah, Latah and Shoshone Counties, ID. *Summary:* EPA previous water quality issues have been resolved; therefore, EPA has no objection to the proposed action. Dated: May 22, 2007. Ken Mittelholtz, Environmental Protection Specialist, Office of Federal Activities. [FR Doc. E7-10132 Filed 5-24-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-6687-2] Environmental Impacts Statements; Notice of Availability *Responsible Agency:* Office of Federal Activities, General Information
(202)564-7167 or *http://www.epa.gov/compliance/nepa/* . Weekly receipt of Environmental Impact Statements Filed 05/14/2007 through 05/18/2007 Pursuant to 40 CFR 1506.9. *EIS No. 20070194, Final EIS, AFS, ID,* Payette National Forest Travel Management Plan, Designate a System of Roads, Trails and Areas Open to Motorized and Non-Motorized Use, Implementation, Adam, Washington, Idaho, Valley Counties, ID, *Wait Period Ends:* 06/25/2007, *Contact:* Bill Gamble 208-253-0100. *EIS No. 20070195, Final EIS, AFS, AK,* Traitors Cove Timber Sale Project, Timber Harvest and Road Construction, Implementation, Revillagigedo Island, Ketchikan-Misty Fiords Ranger District, Tongass National Forest, AK, *Wait Period Ends:* 06/25/2007, *Contact:* Rob Reeck 907-228-4114. *EIS No. 20070196, Draft EIS, AFS, AK,* Angoon Hydroeletric Project, Construction and Operation, Special-Use-Authorization, Thayer Creek, Admiralty Island National Monument, Tongass National Forest, AK, *Comment Period Ends:* 07/09/2007, *Contact:* Kathy Rodriquez 907-790-7472. *EIS No. 20070197, Revised Draft EIS, AFS, CA,* Phoenix Project, Proposes to Use a Combination of Contract and Forest Service Crew to Treat Poor Forest Health and High Fire Hazard Conditions, Develop a Network Defensible Fuel Profile Zones (DFPZs), Sierraville Ranger District, Tahoe National Forest, Sierra and Nevada Counties, CA, *Comment Period Ends:* 07/09/2007, *Contact:* Jeff Leach 530-994-3401 Ext 6680. *EIS No. 20070198, Final EIS, HUD, WA,* Westpark Redevelopment Master Plan, Redevelop of 82-acre Site to create a Mixed-Use, Mixed-Income Pedestrian Oriented Urban Community, Funding and U.S. Army COE Section 10 Permit, City of Bremerton, Kitsap County, WA, *Wait Period Ends:* 06/25/2007, *Contact:* Andrea Spencer 360-473-5283. *EIS No. 20070199, Final EIS, FHW, NC,* Wilmington Bypass Transportation Improvements, U.S. 17 to U.S. 421, Funding, COE Section 10 and 404 Permits and U.S. Coast Guard Bridge Permit Issuance, Brunswick and New Hanover Counties, NC, *Wait Period Ends:* 06/25/2007 *Contact:* John F. Sullivan 919-856-4346-Ext 122. *EIS No. 20070200, Draft EIS, AFS, WI,* Fishel Vegetation and Transportation Management Project, To Implement Land Management Activities, Eagle River-Florence Ranger District, Chequamegor-Nicolet National Forest, Forest and Vilas Counties, WI, *Comment Period Ends:* 07/09/2007, *Contact:* Lois Pfeffer 559-359-7023. *EIS No. 20070201, Final EIS, FHW, 00,* U.S. 59—Amelia Earhart Memorial Bridge over the Missouri River, Construction from Atchison, Kansas to U.S. 59/State Route 45 Intersection, U.S. Coast Guard Section 9 Permit and U.S. Army COE Section 10 and 404 Permits, Atchison, KS and Buchanan County, MO, *Wait Period Ends:* 06/25/2007, *Contact:* John Knowles 785-271-2448 Ext 211. *EIS No. 20070202, Final EIS, AFS, ID,* South Fork Salmon River Subbasin Noxious and Invasive Weed Management Program, Implementation, Krassel and McCall Ranger Districts, Payette National Forest and Cascade Ranger District, Valley and Idaho Counties, ID, *Wait Period Ends:* 06/25/2007, *Contact:* Dan Anderson 208-634-0435. *EIS No. 20070203, Final EIS, AFS, CO,* Robin Redbreast Unpatented Lode Claim Mining Plan of Operations, Implementation, U.S. Army COE Section 404 Permit, Located above the Middle Fork of the Cimarron River within the Uncompahgre Wilderness, Ouray Ranger District, Grand Mesa, Uncompahgre and Gunnison National Forests, Hinsdale County, CO, *Wait Period Ends:* 06/25/2007, *Contact:* Jeff Burch 970-874-6649. *EIS No. 20070204, Final EIS, FRC, CA,* Oroville Facilities Project, Issuing an New Federal License to Continue Hydroelectric Power (FERC No. 2100), Feather River, Sierra Nevada, Butte County, CA, *Wait Period Ends:* 06/25/2007, *Contact:* James Fargo 202-502-6095. Amended Notices *EIS No. 20070158, Final EIS, FAA, AK,* Juneau International Airport, Proposed Development Activities to Enhance Operations Safety, Facilitate Aircraft Alignment, U.S. Army COE Section 404 Permit, City and Borough of Juneau, AK, *Wait Period Ends:* 06/11/2007, *Contact:* Patti Sullivan 907-271-5454. *Revision to FR Notice Published 04/27/2007:* *Correction to Wait Period* from 05/29/2007 to 06/11/2007. *EIS No. 20070168, Draft EIS, FTA, CA,* Alameda-Contra Transit (AC Transit) East Bay Bus Rapid Transit Project, Improve Transit Serve in cities of Berkeley, Oakland and San Leandro, San Francisco Bay Area, Alameda County, CA, *Comment Period Ends:* 07/03/2007, *Contact:* Lucinda Eagle 415-744-3133. *Revision of FR Notice Published 05/04/2007:* *Extending Comment* *Period* from 6/18/2007 to 07/03/2007. Dated: 05/22/2007. Ken Mittelholtz, Environmental Protection Specialist, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E7-10131 Filed 5-24-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2004-0369; FRL-8121-6] Chloroneb; Notice of Receipt of Request to Voluntarily Terminate Certain Uses of Pesticide Registrations AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: 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 terminate certain uses of its chloroneb products. The request would terminate chloroneb's use on all seed treatment. The request would not terminate the last chloroneb product registered 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 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. DATES: Comments must be received on or before June 25, 2007. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPP-2004-0369, by one of the following methods: • *Federal rulemaking Portal: http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Office of Pesticide Programs
(OPP)Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Delivery* : OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket telephone number is
(703)305-5805. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2004-0369. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The Federal regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Wilhelmena Livingston, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-8025; fax number:
(703)308-8005; e-mail address: *livingston.wilhelmena@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. Background on the Receipt of Requests to Terminate Certain Uses of its Chloroneb Products This notice announces receipt by EPA of a request from registrant Kincaid Inc. (See Table 2 of this unit.) to voluntarily terminate certain uses of four chloroneb product registrations. Chloroneb is a fungicide currently registered for use as a pre-plant seed treatment for cotton; sugarbeets, soy beans, and beans and as well as on commercial turf and ornamentals. In a letter dated February 7, 2007, Kincaid Inc. requested that EPA terminate certain uses of choroneb. The pesticide product registrations covering these uses are identified in this notice in Table 1 of this unit. Kincaid Inc. requests voluntary termination of chloroneb's use on all seed treatments. Specifically, Kincaid requests termination of seed treatment use on beans (including cowpeas) cotton, lupine, soybeans, and sugar beets. III. What Action is the Agency Taking? This notice announces receipt by EPA of a request from a registrant to terminate certain uses of chloroneb product registrations. The affected products and the registrants making the request are identified in Tables 1 of this unit. Under section 6(f)(1)(A) of FIFRA, registrants may request, at any time, that their pesticide registrations be canceled or amended to terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, section 6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless: 1. The registrants request a waiver of the comment period, or 2. The Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment. The chloroneb registrant has requested that EPA waive the 180-day comment period. EPA will provide a 30-day comment period on the proposed request. Unless a request is withdrawn by the registrant within 30 days of publication of this notice, or if the Agency determines that there are substantive comments that warrant further review of this request, an order will be issued terminating the affected registrations. **Table 1.—Chloroneb Product Registrations with Pending Request For Termination of Certain Uses** Registration No. Product name Company 73782-1 Chloroneb Fungicide Technical Kincaid Inc. 73782-2 Demosan 85W Kincaid Inc. 73782-3 Terraneb SP Turf Fungicide Kincaid Inc 73782-4 K.E. Chloroneb Systemic Flowable Fungicide Kincaid Inc. Table 2 of this unit includes the name and address of record for the registrant of the products listed in Table 1 of this unit. **Table 2.—Registrant Requesting Voluntary Termination of Certain Uses** EPA Company No. Company name and address 73782 Kincaid Inc. P.O. Box 490 Athens, TN 37371 IV. What is the Agency's Authority for Taking this Action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the **Federal Register** . Thereafter, following the public comment period, the Administrator may approve such a request. V. Procedures for Withdrawal of Request and Considerations for Reregistration of Chloroneb Registrants who choose to withdraw a request for cancellation must submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT , postmarked before June 25, 2007. This written withdrawal of the request for cancellation will apply only to the applicable FIFRA section 6(f)(1) request listed in this notice. If the products(s) have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment. In any order issued in response to this request for termination of certain uses, the Agency proposes to include the following provisions for the treatment of any existing stocks of the products identified or referenced in Table 1: If the request for voluntary termination of certain uses is granted as discussed above, the Agency intends to issue a cancellation order that will allow the registrant to sell and distribute such existing stocks for one year from the date of this use termination request and allow persons other than the registrant to continue to sell and/or use existing stocks of cancelled products until such stocks are exhausted, provided that such use is consistent with the terms of the previously approved labeling on, or that accompanied, the cancelled product. The order will specifically prohibit any use of existing stocks that is not consistent with such previously approved labeling. If, as the Agency currently intends, the final cancellation order contains the existing stocks provision just described, the order will be sent only to the affected registrants of the cancelled products. If the Agency determines that the final cancellation order should contain existing stocks provisions different than the ones just described, the Agency will publish the cancellation order in the **Federal Register** . List of Subjects Environmental protection, Pesticides and pests. Dated: May 21, 2007. Michael Goodis, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E7-10116 Filed 5-24-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2007-0279; FRL-8130-7] Army Chemical Agent Rocket Incinerator Approval to Dispose of Polychlorinated Biphenyls under the Toxic Substances Control Act; Notice of Application to Renew, Data Availability, and Modification of Existing Approval AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Department of the Army
(Army)has applied to renew an approval to dispose of polychlorinated biphenyls
(PCBs)under the Toxic Substances Control Act (TSCA). The renewal would allow the Army to continue to incinerate M55 chemical agent rockets containing PCBs using the Deactivation Furnace Systems (DFS). This action announces: EPA’s consideration of the Army’s application, the availability of trial burn data that will inform EPA’s consideration, and the modification of the public participation condition of the Army’s existing approval. EPA is requesting comments on the renewal application and trial burn data. DATES: Comments must be received on or before June 11, 2007]. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPPT-2007-0279, by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • *Mail* : Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA-HQ-OPPT-2007-0279. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is
(202)564-8930. Such deliveries are only accepted during the DCO’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPPT-2007-0279. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket* : All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to *http://www.regulations.gov* , select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. In this instance, because of the enormity of the volume of data, EPA has posted a summary (entitled “Executive Summary”) of the trial burn report from each facility. If the interested party needs more information than is found in the Executive Summary, complete trial burn data is available on compact disc (CD). To obtain a CD, please contact the technical information contact listed under FOR FURTHER INFORMATION CONTACT . Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Hiroshi Dodohara, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)566-0507; e-mail address: *dodahara.hiroshi@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? Potentially affected entities may include, but are not limited to: • Department of the Army (NAICS code 928110). • Residents or homeowners located near the affected incinerators. This list is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. II. What Action is the Agency Taking? A. Background In 2002, EPA issued a PCB disposal approval under TSCA section 6(e) and 40 CFR 761.70(d) to the Army to allow for the incineration of M55 chemical agent rockets containing PCBs using Deactivation Furnace Systems (DFS). The existing approval is included in the docket for this notice. The approval allows for the disposal to occur at four separate facilities: Anniston Chemical Agent Disposal Facility, Anniston Army Depot, Anniston, Alabama (ANCDF); Pine Bluff Chemical Agent Disposal Facility, Pine Bluff Arsenal, Pine Bluff, Arkansas (PBCDF); Tooele Chemical Agent Disposal Facility, Deseret Chemical Depot, Tooele, Utah (TOCDF); and Umatilla Chemical Agent Disposal Facility, Umatilla Chemical Depot, near Hermiston, Oregon (UMCDF). The Army has now applied to renew that approval, which is currently set to expire July 6, 2007. The Army’s renewal application only applies to PBCDF and UMCDF; the other two facilities have completed operations. B. Application for Renewal EPA is considering the Army’s request for renewal. The renewal would allow the Army to continue to incinerate M55 chemical agent rockets containing PCBs using DFS at the remaining two sites. Based on the trial burn results, EPA believes the conditions in the current TSCA approval are necessary and adequate to ensure proper disposal of PCBs in compliance with TSCA. However, both PBCDF and UMCDF are currently operating under Resource Conservation and Recovery Act
(RCRA)permits as well as the existing PCB approval. These RCRA permits impose several of the same operating conditions as are required by the current TSCA approval. Thus, in order to coordinate the requirements of the two programs, EPA does not plan to include the duplicative conditions in the renewed TCSA approval. EPA intends for the renewal to only retain the operating conditions from the current TSCA approval that are more stringent than those provided in the RCRA permits. These more stringent conditions, combined with the condition that the facilities maintain valid RCRA permits, will ensure proper disposal of PCBs in compliance with TSCA. For example, EPA plans to retain a target value for the secondary combustor operating temperature based on conditions during the trial burn. In addition, the carbon monoxide concentration in the flue gas that triggers the automatic waste feed cutoff (AWFCO) would be 100 parts per million based on real time, with a 5-minute delay. C. Availability of Trial Burn Data This action also announces the availability of trial burn data from PBCDF and UMCDF. The current approval required certain sampling for PCBs at each DFS unit: 1. Stack sampling for PCBs. 2. Sampling of kiln/HDC (heated discharge conveyor) residue. 3. Cyclone residue. 4. Scrubber brine for PCB analysis. The purpose of the trial burns was to demonstrate whether the DFS units meet the PCB incinerator performance standards. These results showed that the standards were met, and the data are now available. D. Approval Modification Condition 1.d.(3) of the existing approval, provides that: “EPA will hold a public meeting in each community after the trial burn data in each respective facility becomes available.” (A copy of Condition 1.d.(3) is available in the docket for this document.) Effective at the time of publication of this notice, EPA is hereby modifying the existing approval to remove that condition for the remainder of the approval. Meetings were conducted before and after-trial-burn data became available at ANCDF and TOCDF, but participation was very limited at the post-trial-burn meetings. No members of the public appeared at meetings previously held at PBCDF and UMCDF. Based on the lack of public participation, EPA is changing the public participation process to include a broader audience and a 15-day opportunity for comment. Trial burn data will be available to the public through the docket and in lieu of conducting additional public meetings at PBCDF and UMCDF, EPA is allowing for the submission of comments, in written or electronic format. List of Subjects Environmental protection, Hazardous substances, Polychlorinated biphenyls (PCBs), Reporting and recordkeeping requirements. Dated: May 21, 2007. Wendy C. Hamnett, Acting Director, Office of Pollution Prevention and Toxics. [FR Doc. E7-10117 Filed 5-24-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2007-1019; FRL-8119-9] Approval of Test Marketing Exemption for a Certain New Microorganism AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA's approval of an application for test marketing exemption
(TME)under section 5(h)(1) of the Toxic Substances Control Act
(TSCA)and 40 CFR part 725, subpart F. EPA has designated this application as TME-06-09. The test marketing conditions are described in the TME application and in this notice. DATES: Approval of this TME became effective December 21, 2006. FOR FURTHER INFORMATION CONTACT: *For general information contact* : Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)554-1404; e-mail address: *TSCA-Hotline@epa.gov* . *For technical information contact* : Audrey Binder, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202)564-9033; e-mail address: *binder.audrey@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed in particular to the microorganism manufacturer who submitted the TME to EPA. This action may, however, be of interest to the public in general. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established a docket for this action under docket ID number EPA-HQ-OPPT-2007-1019. All documents in the docket are listed in the docket's index at *http://www.regulations.gov* . Although listed in the index, some information is not publicly available, e.g., Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at *http://www.regulations.gov* , or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is
(202)566-1744, and the telephone number for the OPPT Docket is
(202)566-0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr* . II. What is the Agency's Authority for Taking this Action? Section 5(h)(1) of TSCA and 40 CFR part 725, subpart F authorizes EPA to exempt persons from Microbial Commercial Activity Notification
(MCAN)requirements and permit them to manufacture or import new microorganisms for test marketing purposes, if the Agency finds that the manufacture, processing, distribution in commerce, use, and disposal of the microorganisms for test marketing purposes will not present an unreasonable risk of injury to health or the environment. EPA may impose restrictions on test marketing activities and may modify or revoke a test marketing exemption upon receipt of new information which casts significant doubt on its finding that the test marketing activity will not present an unreasonable risk of injury. III. What Action is the Agency Taking? EPA has approved the above-referenced TME. EPA has determined that test marketing the new microorganism, under the conditions set out in the TME application and in this notice, will not present any unreasonable risk of injury to health or the environment. IV. What Restrictions Apply to this TME? The test market time period, production volume, and use must not exceed specifications in the application and this notice. All other conditions and restrictions described in the application and in this notice must also be met. Impacts to the environment must also be managed as described in the TME as amended. *TME-06-09* . *Date of Receipt* : September 14, 2006. *Notice of Receipt* : October 13, 2006 (71 FR 60517) (FRL-8099-3). *Applicant* : Confidential. *Microorganism* : Organic acid producing organism. *Use* : Industrial manufacture of an organic acid. *Production Volume* : Confidential. *Number of Customers* : Confidential. *Test Marketing Period* : Duration as specified in TME application, commencing on first day of commercial manufacture. The following additional restrictions apply to this TME. A bill of lading accompanying each shipment must state that the use of the microorganism is restricted to that approved in the TME. In addition, the applicant shall maintain the following records until 5 years after the date they are created, and shall make them available for inspection or copying in accordance with section 11 of TSCA: 1. Records of the quantity of the TME microorganism produced and the date of manufacture. 2. Records of dates of the shipments to each customer and the quantities supplied in each shipment. 3. Copies of the bill of lading that accompanies each shipment of the TME microorganism. V. What was EPA's Risk Assessment for this TME? Under the conditions required for this TME, EPA identified no significant health or environmental concerns for the test market microorganism. Therefore, the test market activities will not present any unreasonable risk of injury to human health or the environment. VI. Can EPA Change Its Decision on this TME in the Future? Yes. The Agency reserves the right to rescind approval or modify the conditions and restrictions of an exemption should any new information that comes to its attention cast significant doubt on its finding that the test marketing activities will not present any unreasonable risk of injury to human health or the environment. List of Subjects Environmental protection, Test marketing exemptions. Dated: March 15, 2007. Rebecca S. Cool, Chief, New Chemicals Notice Management Branch, Office of Pollution Prevention and Toxics. [FR Doc. E7-10067 Filed 5-24-07; 8:45 am] BILLING CODE 6560-50-S ENVIRONMENTAL PROTECTION AGENCY [FRL-8318-4] Underground Injection Control Program Petition for Exemption From Hazardous Waste Disposal Restrictions to the Resource Conservation and Recovery Act Class I Hazardous Waste Injection Occidental Chemical Corporation, Wichita, KS AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of final decision on petition. SUMMARY: Notice is hereby given that an exemption to the land disposal restrictions under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act has been granted to Occidental Chemical Corporation (Occidental) for a Class I injection well, identified as Well Number 10, located at Wichita, Kansas. This injection well, is being added to an existing group of five hazardous waste injection wells which EPA had approved in 1990. As required by title 40 Code of Federal Regulations
(CFR)part 148, Occidental has adequately demonstrated to the satisfaction of the Environmental Protection Agency by petition and supporting documentation that, to a reasonable degree of certainty, there will be no migration of hazardous waste out of the designated injection zone for as long as the waste remains hazardous. This time frame is defined by 40 CFR 148.20 as 10,000 years. This final decision allows the underground injection by Occidental of the specific restricted waste, identified in the petition, into injection well Number 10 at the Wichita, Kansas facility, for as long as the basis for granting an approval of the petition remains valid, under provisions of 40 CFR 148.24. For the purpose of the required demonstration of no-migration of hazardous waste out of the injection zone over a 10,000 year period, modeling and projections were based on an operational lifetime projection date of December 31, 2020. Therefore, on or by the closing date of the aforementioned operation period, the owner/operator will be required to obtain an exemption re-issuance from EPA. Included in this approval is the stipulation that Occidental acquires and continues to maintain an approved permit from the Kansas Department of Health and Environment. As required by 40 CFR 124.10, a public notice was issued on February 26, 2007. In addition to having solicited written comments regarding the Agency's proposed approval, EPA also announced that a formal public hearing would be held if there was a significant degree of public interest, but no interest was expressed, hence no formal public hearing was conducted; however, EPA held an informal Public Availability Session on March 13, 2007, at the Sedgwick County Extension Office in Wichita, Kansas, in order to provide the public with an opportunity to meet with Federal, State, and company officials and ask questions regarding the petition. The public comment period ended on April 11, 2007. All comments were addressed and considered in the final decision. This decision constitutes final Agency action and there is no administrative appeal process that can be applied to a final petition decision. DATES: *Effective Date:* This action is effective as of *May 2, 2007* . ADDRESSES: Copies of the petition and all pertinent information relating thereto, including the Agency's response to comments, are on file at the following location: Environmental Protection Agency, Region 7, Regional Records Center, 901 N. 5th St., Kansas City, KS 66101. FOR FURTHER INFORMATION CONTACT: Mary T. Mindrup, Chief, Drinking Water Management Branch, Environmental Protection Agency, Region 7. Telephone
(913)551-7431, or e-mail to *mindrup.mary@epa.gov* . Dated: May 2, 2007. John B. Askew, Regional Administrator, Region 7. [FR Doc. E7-10118 Filed 5-24-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD Notice of New Exposure Draft Accounting for Federal Oil and Gas Resources AGENCY: Federal Accounting Standard Advisory Board. ACTION: Notice of new exposure draft Accounting for Federal Oil and Gas Resources. *Board Action:* Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules Of Procedure, as amended in April 2004, notice is hereby given that the Federal Accounting Standards Advisory Board (FASAB) has issued an exposure draft, *Accounting for Federal Oil and Gas Resources.* The Exposure Draft proposes standards that would result in recognition of the estimated value of royalties from Federal oil and gas leases and changes in those values over time as well as the amount of royalties designated for distribution to other entities such as State governments. The Exposure Draft is available on the FASAB home page *http://www.fasab.gov/exposure.html.* Copies can be obtained by contacting FASAB at
(202)512-7350. Respondents are encouraged to comment on any part of the exposure draft. Written comments are requested by September 21, 2007, and should be sent to: Wendy M. Comes, Executive Director, Federal Accounting Standards Advisory Board, 441 G Street, NW., Suite 6814, Mail Stop 6K17V, Washington, DC 20548. FOR FURTHER INFORMATION CONTACT: Wendy Comes, Executive Director, 441 G Street, NW., Washington, DC 20548, or call
(202)512-7350. Authority: Federal Advisory Committee Act, Pub. L. No. 92-463. Dated: May 22, 2007. Charles Jackson, Federal Register Liaison Officer. [FR Doc. 07-2606 Filed 5-24-07; 8:45 am]
Connectionstraces to 1
8 references not yet in our index
  • 40 CFR 1506.9
  • 40 CFR 2
  • 40 CFR 761.70(d)
  • 40 CFR 725
  • 40 CFR 148.20
  • 40 CFR 148.24
  • 40 CFR 124.10
  • Pub. L. 92-463
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Cite40 CFR 1506.9
Cite40 CFR 2
Cite40 CFR 761.70(d)
Cite40 CFR 725
Cite40 CFR 148.20
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