Dear RegUpdate.BLR.com Subscriber:

Welcome to this edition of BLR's Regulatory Update, covering regulatory activity from your state(s) and the Federal Register posted to RegUpdate.BLR.com between October 12 and October 18, 2004.

Federal

Air

Final Regulations

(10/14/2004) Federal - Final Regulations - Hazardous Air Pollutants
40 CFR 63 - NESHAPs for Coke Ovens: Pushing, Quenching, and Battery Stacks
EPA has approved amendments to the national emission standards to control hazardous air pollutants emitted from pushing, quenching, and battery stacks at new and existing coke oven batteries.

Notices

(10/15/2004) Federal - Notices - Air - General
Proposed Consent Decree, Clean Air Act Citizen Suit
EPA has given notice of a proposed consent decree agreement, to address consolidated lawsuits filed by the Sierra Club. In May 2002 and November 2003, Sierra Club filed lawsuits against EPA claiming that EPA had failed to carry out mandatory duties imposed by the Act with respect to coke oven batteries and dry cleaners.

(10/14/2004) Federal - Notices - Asbestos
Agency Information Collection Activities; Asbestos-Containing Materials in Schools Rule and Revised Asbestos Model Accreditation Plan Rule
EPA has announced that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval regarding the Asbestos-Containing Materials in Schools Rule and Revised Asbestos Model Accreditation Plan Rule, EPA ICR No. 1365.07, OMB No. 2070-0091.

(10/14/2004) Federal - Notices - Air - General
Agency Information Collection Activities; Clean Air Act Tribal Authority
EPA has given notice that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval regarding the Clean Air Act Tribal Authority, ICR Number 1676.04, OMB Number 2060-0306.

(10/14/2004) Federal - Notices - Mobile Sources
California State Motor Vehicle Pollution Control Standards; Waiver of Federal Preemption for Off-Cycle Emission Test Requirements
EPA has granted California its request for a waiver of federal preemption for its regulations controlling emissions from off-cycle aggressive driving and air-conditioning usage for motor vehicles under 8,501 pounds gross vehicle weight rating.

(10/14/2004) Federal - Notices - Air - General
Meeting of the Ozone Transport Commission
EPA has announced the 2004 Fall Meeting of the Ozone Transport Commission. This meeting will explore options available for reducing ground-level ozone precursors in a multi-pollutant context.

(10/14/2004) Federal - Notices - Air - General
Science Advisory Board Staff Office; Meeting of the Ecological Effects Subcommittee of the Advisory Council on Clean Air Compliance Analysis
EPA's Science Advisory Board Staff Office has announced a public meeting of the Ecological Effects Subcommittee (EES) of the Advisory Council on Clean Air Compliance Analysis. The EES will discuss charge questions related to ecological issues as found in the Office of Air and Radiation's Benefits and Costs of the Clean Air Act, Revised Analytic Plan for EPA's Second Prospective Analysis, 1990-2020.

(10/12/2004) Federal - Notices - Air - NSPS
Agency Information Collection Activities; NSPS for Hospital/Medical/Infectious Waste Incinerators
EPA has given notice that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval regarding NSPS for Hospital/Medical/Infectious Waste Incinerators (40 CFR part 60, subpart Ec), ICR Number 1730.04, OMB Number 2060-0363.

Proposed Regulations

(10/14/2004) Federal - Proposed Regulations - Hazardous Air Pollutants
40 CFR 63 - NESHAPs for Coke Ovens: Pushing, Quenching, and Battery Stacks
EPA has proposed amendments to the national emission standards to control hazardous air pollutants emitted from pushing, quenching, and battery stacks at new and existing coke oven batteries.

HazMat & Chemicals

Final Regulations

(10/14/2004) Federal - Final Regulations - Pesticides
40 CFR 180 - Mepanipyrim; Pesticide Tolerances
EPA has established a tolerance for combined residues of mepanipyrim, 4-methyl-N-phenyl-6-(1-propynyl)-2-pyrimidinamine, and its metabolite, 4-methyl-N-phenyl-6-(2-hydroxypropyl)-2-pyrimidinamine, both free and conjugated in or on grape, raisin, strawberry, and tomato. K-I Chemical U.S.A., Inc., requested these tolerances under the Federal Food, Drug, and Cosmetic Act, as amended by the Food Quality Protection Act of 1996.

Notices

(10/18/2004) Federal - Notices - Chemicals
Board of Scientific Counselors, Endocrine Disrupting Chemicals Subcommittee Meetings
EPA's Office of Research and Development (ORD) has given notice of four meetings of the Board of Scientific Counselors (BOSC) Endocrine Disrupting Chemicals (EDC) Subcommittee.

(10/14/2004) Federal - Notices - Enforcement
Forty-Third Street Bay Drum Superfund Site; Notice of Settlement
EPA has given notice that it has entered into an Agreement for Recovery of Past Cost at the Forty-Third Street Bay Drum Superfund Site located in Tampa, Hillsborough County, Florida, with 29 parties.

(10/14/2004) Federal - Notices - Enforcement
Notice of Consent Decree Pursuant to the Clean Water Act - United States and State of Texas v. City of Carthage
DOJ has given notice that a proposed consent decree in United States and State of Texas v. City of Carthage was lodged in the U.S. District Court for the Eastern District of Texas. The claims arise from the city's discharge of effluent from its publicly owned treatment works in violation of the effluent limits contained in its National Pollution Discharge Elimination System permits.

(10/14/2004) Federal - Notices - Enforcement
Notice of Lodging of Consent Decree Pursuant to Oil Pollution Act - United States v. France Shipmanagement S.A.
DOJ has given notice that a proposed consent decree in United States v. France Shipmanagement S.A. was lodged with the U.S. District Court for the District of New Jersey. The proposed consent decree will settle the United States' claims for natural resource damages under the Oil Pollution Act relating to an oil spill from the tank vessel Anitra, which occurred in May 1996 in the Big Stone Anchorage of the Delaware Bay.

(10/14/2004) Federal - Notices - Enforcement
Notice of Lodging of Consent Decree Pursuant to the Clean Water Act - United States and the State of Ohio v. City of Clyde, Ohio
DOJ has given notice that a proposed Consent Decree in United States and the State of Ohio v. City of Clyde, Ohio was lodged with the U.S. District Court for the Northern District of Ohio. Clyde owns and operates a publicly-owned wastewater treatment works (POTW), and the proposed Consent Decree addresses discharges of effluent from the POTW through an outfall into Raccoon Creek, a navigable water of the United States.

(10/14/2004) Federal - Notices - Enforcement
Notice of Lodging of Consent Decree Under CERCLA - United States v. Chief Consolidated Mining Company, et. al.
DOJ has given notice that a proposed Consent Decree in United States v. Chief Consolidated Mining Company, et. al., was lodged with the U.S. District Court for the District of Utah. The United States sought the recovery of costs incurred and to be incurred in response to releases or threatened releases of hazardous substances at and from the Eureka Mills NPL Site.

(10/14/2004) Federal - Notices - Enforcement
Notice of Lodging of Consent Decree Under the Clean Air Act - United States v. Chevron Phillips Chemical Company LP
DOJ has given notice that a proposed Consent Decree in United States v. Chevron Phillips Chemical Company LP was lodged with the U.S. District Court for the Southern District of Texas. Chevron Phillips has agreed to pay a $1.8 million civil penalty. In addition, Chevron Phillips will perform two Supplemental Environmental Projects at a cost of at least $1.2 million.

(10/14/2004) Federal - Notices - Enforcement
Notice of Lodging of Consent Decree Under the Clean Air Act - United States v. Mississippi Bakery, a division of Aldi, Inc.
DOJ has given notice that a proposed consent decree in United States v. Mississippi Bakery, a division of Aldi, Inc. was lodged with the U.S. District Court for the Southern District of Iowa. The United States sought civil penalties and injunctive relief with respect to violations of the Clean Air Act, at the defendant's Mississippi Bakery facility located in Burlington, Iowa.

(10/14/2004) Federal - Notices - Enforcement
Notice of Lodging of Consent Decree Under the Clean Water Act - United States and State of Texas v. City of Plainview
DOJ has given notice that a proposed Consent Decree in United States and State of Texas v. City of Plainview was lodged with the U.S. District Court for the Northern District of Texas. The United States sought civil penalties and injunctive relief for violations of the Clean Water Act and for violations of the city's National Pollutant Discharge Elimination System permit for the city's publicly owned wastewater treatment works.

(10/14/2004) Federal - Notices - Enforcement
Notice of Lodging of Stipulated Order To Amend Consent Judgment Under Environmental Laws and Partially Substitute Parties - United States v. Velsicol Chemical Corp.
DOJ has given notice that a proposed Stipulated Order was lodged with the U.S. District Court for the Eastern District of Michigan in United States v. Velsicol Chemical Corp. The Stipulated Order would substitute the Custodial Trust created in the bankruptcy settlement agreement in In re Fruit of the Loom, Inc., for Velsicol and would resolve Velsicol's obligations under the 1982 Consent Judgment as provided in the Stipulated Order and the bankruptcy settlement agreement.

(10/14/2004) Federal - Notices - Pesticides
Pesticide Product; Registration Approval
EPA has announced Agency approval of an application to register the pesticide products California Red Scale Technical Pheromone and Red Scale Down containing an active ingredient not included in any previously registered product pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.

(10/14/2004) Federal - Notices - Pesticides
The Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group; Working Committee on Pesticide Operations & Management
EPA has given notice that the Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group working Committee on Pesticide Operations & Management will hold a 2-day meeting, beginning on November 8, 2004, and ending November 9, 2004.

(10/12/2004) Federal - Notices - Pesticides
Agency Information Collection Activities; Certification of Pesticide Applicators
EPA has given notice that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval regarding Certification of Pesticide Applicators, EPA ICR No. 0155.08, OMB Control No. 2070-0029.

Right to Know

Notices

(10/15/2004) 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.

(10/15/2004) Federal - Notices - Environmental Impact Statement
Environmental Impact Statements; Notice of Availability
EPA has given notice of weekly receipt of Environmental Impact Statements filed October 4, 2004 through October 8, 2004.

(10/14/2004) Federal - Notices - Environmental Protection Agency
Notification of Advisory Meeting of the Science Advisory Board Illegal Competitive Advantage Economic Benefit Advisory Panel
EPA's Science Advisory Board Illegal Competitive Advantage Economic Benefit Advisory Panel has given notice that it will hold a public teleconference to finalize its draft advisory report to the Agency on economic methods related to assessing economic benefits attributed to non-compliance with EPA regulations.

(10/14/2004) Federal - Notices - Environmental Protection Agency
Privacy Act of 1974: Revision to an Existing Privacy Act System of Records
EPA has given notice that the Office of Executive Secretariat (OEX) proposes to publish a revised system of records notice for the Correspondence Management System. This system of records is designed to track, route, and store incoming and outgoing Agency correspondence from and to members of the public, private, and government sectors.

(10/14/2004) Federal - Notices - Environmental Protection Agency
Science Advisory Board Staff Office Notification of Upcoming Meeting of the Regional Vulnerability Assessment Advisory Panel
EPA's Science Advisory Board (SAB) Staff Office has announced a public face-to-face meeting of the SAB Regional Vulnerability Assessment (ReVA) Advisory Panel. The purpose of this meeting is to provide advice to EPA on the ReVA Methods for Multi-Scale Decision-Making.

(10/14/2004) Federal - Notices - Environmental Protection Agency
State Innovation Grant Program, Preliminary Notice and Request for Input on the Development of a Solicitation for Proposals for 2004/2005 Awards
EPA's Office of Policy, Economics, and Innovation (OPEI) has given preliminary notice of its intention to solicit proposals for a 2004/2005 grant program to support innovation by state environmental regulatory agencies, called the "State Innovation Grant Program."

Waste

Final Regulations

(10/14/2004) Federal - Final Regulations - RCRA
40 CFR 271 - Final Authorization of State Hazardous Waste Management Program Revision; Florida
EPA has given final authorization of the changes Florida has applied to its hazardous waste program under the Resource Conservation and Recovery Act. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the state's changes through this immediate final action.

(10/12/2004) Federal - Final Regulations - Delisting Petitions
40 CFR 261 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste
EPA has granted a petition submitted by General Motors Corporation Lordstown Assembly Plant in Lordstown, Ohio, to exclude or "delist" up to 2,000 cubic yards of wastewater treatment sludge from the conversion coating on aluminum, RCRA hazardous waste F019, generated by its wastewater treatment plant from the lists of hazardous wastes contained in Subpart D of 40 CFR part 261.

Notices

(10/12/2004) Federal - Notices - Delisting Petitions
Agency Information Collection Activities; Identification, Listing, and Rulemaking Petitions
EPA has given notice that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval regarding Identification, Listing, and Rulemaking Petitions, EPA ICR Number 1189.14, OMB Control Number 2050-0053.

Proposed Regulations

(10/14/2004) Federal - Proposed Regulations - RCRA
40 CFR 271 - Final Authorization of State Hazardous Waste Management Program Revision; Florida
EPA has proposed to give final authorization for changes to Florida's hazardous waste program under the Resource Conservation and Recovery Act.

Water

Notices

(10/18/2004) Federal - Notices - Drinking Water
Public Water System Supervision Program Revisions for the State of Wisconsin
EPA has approved revisions to Wisconsin's Public Water System Supervision Program.

(10/15/2004) Federal - Notices - Drinking Water
National Drinking Water Advisory Council's Water Security Working Group Meeting Announcement
EPA has given notice of the second public meeting of the Water Security Working Group (WSWG) of the National Drinking Water Advisory Council. The purpose of this meeting is to provide an opportunity for the WSWG members to continue deliberations on principles and program elements for drinking water and wastewater security programs.

California

Air

Final Regulations

(10/14/2004) California - Final Regulations - Mobile Sources
13 CCR - Small Off-Road Engines 2003
California ARB has adopted exhaust and evaporative emission control requirements for small off-road engines less than or equal to 19 kilowatts and equipment that use such engines.

(10/14/2004) California - Final Regulations - Air - General
40 CFR 52 - Revisions to the California SIP, San Joaquin Valley Unified Air Pollution Control District
EPA has approved revisions to the San Joaquin Valley Unified Air Pollution Control District portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound emissions from glass coating operations.

Proposed Regulations

(10/14/2004) California - Proposed Regulations - Fuels and Fuel Additives
13 and 17 CCR - Extension of the Standards for Motor Vehicle Diesel Fuel to Diesel Fuel Used in Harborcraft and Intrastate Locomotives (Notice Only)
California ARB has proposed the adoption of a fuels regulation and an airborne toxics control measure (ATCM) that would extend the applicability of the California standards for motor vehicle diesel fuel regulations to diesel fuel used in commercial and recreational harborcraft and intrastate diesel-electric locomotives. (Notice Only)

(10/14/2004) California - Proposed Regulations - Fuels and Fuel Additives
13 CCR 2260 et seq. - California Phase 3 Reformulated Gasoline Regulations (Notice Only)
California ARB has given notice of a public hearing to consider proposed 2004 amendments refining the California Phase 3 Reformulated Gasoline (CaRFG3) regulations. The proposed amendments include clarifications, corrections, and improvements in compliance flexibility and enforceability. (Notice Only)

(10/14/2004) California - Proposed Regulations - Air - General
17 CCR - Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations (Notice Only)
California ARB has proposed adoption of amendments to the Nonvehicular Source, Consumer Products, and Architectural Coatings Fee Regulations. The amendments would establish a process for assessing supplemental fees for the 2004-2005 and subsequent fiscal years. (Notice Only)

(10/14/2004) California - Proposed Regulations - Fuels and Fuel Additives
17 CCR 94011 - Certification of Vapor Recovery Systems of Gasoline Dispensing Facilities (Service Stations) (Notice Only)
California ARB has proposed adoption of amendments to the regulations for certification of vapor recovery systems installed at gasoline dispensing facilities (service stations and similar facilities).

(10/14/2004) California - Proposed Regulations - Air - General
40 CFR 52 - Revisions to the California SIP, San Joaquin Valley Unified Air Pollution Control District
EPA has proposed to approve revisions to the San Joaquin Valley Unified Air Pollution Control District portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound emissions from glass coating operations.