[Federal Register: December 21, 2005 (Volume 70, Number 244)]
[Notices]
[Page 75799-75801]
[DOCID:fr21de05-44]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0495; FRL-7752-7]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's risk
assessments, related documents for the imidazolinone pesticide
imazapyr, and opens a 60 day public comment period on these documents.
The public is encouraged to suggest risk management ideas or proposals
to address the risks identified. EPA is developing a Reregistration
Eligibility Decision (RED) for imazapyr through a modified, 4-Phase
public participation process that the Agency uses to involve the public
in developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OPP-2005-0495, must be received on or before February 21, 2006.

ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Sherrie Kinard, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax number:
703-308-8014; e-mail<EMAIL_ADDRESS>
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. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket ID number EPA-HQ-OPP-2005-0495. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall 2, 1801 S. Bell St., Arlington,
VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The docket telephone number
is<PHONE_NUMBER>.
    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/.

    Agency Website: EDOCKET, EPA's electronic public docket and comment
system was replaced on November 25, 2005, by an enhanced federal-wide
electronic docket management and comment system located at http://www.regulations.gov/.
 Follow the on-line instructions.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is

that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the publicdocket.
    Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
    1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.

Once in the system, select ``search,'' and then key in docket ID number
EPA-HQ-OPP-2005-0495. The system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to<EMAIL_ADDRESS>
Attention: Docket ID Number EPA-HQ-OPP-2005-0495. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number EPA-HQ-OPP-2005-
0495.
    3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number EPA-HQ-OPP-2005-0495. Such deliveries are only accepted during
the docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
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 CBI.) Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes
any 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 and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that
support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health and
environmental

fate and effects risk assessments and related documents for imazapyr, a
imidazolinone pesticide, and soliciting public comment on risk
management ideas or proposals. Imazapyr is a herbicide that provides
residual control of a wide variety of annual and perennial weeds. EPA
developed the risk assessments and risk characterization for imazapyr
through a modified version of its public process for making pesticide
reregistration eligibility and tolerance reassessment decisions.
Through these programs, EPA is ensuring that pesticides meet current
standards under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as
amended by the Food Quality Protection Act of 1996 (FQPA).
    Imazapyr is a systemic, non-selective, pre- and post-emergent
herbicide used for the control of terrestrial annual and perennial
grasses, broad-leaved herbs, woody species, and riparian and emergent
aquatic species. It is registered for use on a variety of agricultural,
commercial, and residential use sites, including corn, forestry sites,
rights-of-way, fence rows, hedge rows, drainage systems, outdoor
industrial areas, outdoor buildings and structures, domestic dwellings,
paved areas, driveways, patios, parking areas, walkways, various water
bodies (including ponds, lakes, streams, swamps, wetlands, and stagnant
water), and urban areas.
    Imazapyr is formulated as a liquid, a wettable powder (including
water soluble bags), and a granular. Application methods include
aerial, groundboom, boat, and tractor-drawn spreader. Applications to
smaller areas may be made with handheld equipment, including low-
pressure handwand sprayers, backpack sprayers, sprinkling cans, and
handgun sprayers. Application rates range from 0.014 pound active
ingredient/acre (lb ai/acre) on corn, to 1.5 lb ai/acre on non-cropped
areas and aquatic sites.
    EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for imazapyr. Such comments and input could address the
Agency's risk assessment methodologies and assumptions as applied to
this specific pesticide.
    For example, the availability of additional data to further refine
the risk assessments, such as: Toxicity data for marine/estuarine fish
and invertebrates following chronic exposure and reproductive effects
to avian species.
    Through this notice, EPA also is providing an opportunity for
interested parties to provide risk management proposals or otherwise
comment on risk management for imazapyr. Risks of concern associated
with the use of imazapyr are to non-target terrestrial plants and
aquatic vascular plants, and potential risks to endangered species
(aquatic vascular plants, terrestrial and semi-aquatic monocots and
dicots). In targeting these risks of concern, the Agency solicits
information on effective and practical risk reduction measures.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to imazapyr, compared to the
general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For imazapyr, a modified, 4-Phase process with 1 comment
period and ample opportunity for public consultation seems appropriate
in view of its few complex issues. However, if as a result of comments
received during this comment period EPA finds that additional issues
warranting further discussion are raised, the Agency may lengthen the
process and include a second comment period, as needed.
    All comments should be submitted using the methods in Unit I. of
the SUPPLEMENTARY INFORMATION, and must be received by EPA on or before
the closing date. Comments will become part of the Agency Docket for
imazapyr. Comments received after the close of the comment period will
be marked ``late.'' EPA is not required to consider these late
comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in
product-specific data on individual end-use products and either
reregistering products or taking other ``appropriate regulatory
action.''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: December 14, 2005.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E5-7633 Filed 12-20-05; 8:45 am]

BILLING CODE 6560-50-S


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request: Office of Solid Waste 2. OMB control number b. G None a 2050  0141 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title The National Oil and Hazardous Substances Pollution Contingency Plan Subpart J ( Product Schedule)

8. Agency form number( s) ( If applicable) 1664.04 9. Keywords oil spill clean up, dispersants 10. Abstract This information collection request ( ICR) renewal supports activities to implement the National Oil and Hazardous Substances Pollution Contingency Plan ( NCP), subpart J ( 40 CFR 300,900, " Use of Dispersants and Other Chemicals"). The use of dispersants, other chemical agents, and bioremediation agents to respond to oil spills in U. S. waters is governed by subpart J of the NCP ( 40 CFR 300,900). EPA's regulation, which is codified at 40 CFR 300.00, requires that EPA prepare a schedule of " dispersants, other chemicals, and other spill mitigating devices and substances, if any that may be used in carrying out the NCP." The Product Schedule is required by section 311( d)( 2)( G) of the Clean Water Act ( CWA), as amended by the Oil Pollution Act of 1990 ( OPA). Under subpart J, respondents wishing to add a product to the Product Schedule must submit technical product data specified in 40 CFR 300.915 to EPA.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. X Individuals or households d. Farms b. X Business or other for profit e. X Federal Government c. Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. P Voluntary b. X Required to obtain or retain benefits c. X Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 28 b. Total annual responses 28 1. Percentage of these responses collected electronically 0 % c. Total hours requested 826 d. Current OMB inventory 326 e. Difference 500 f. Explanation of difference 1. Program Change 0 2. Adjustment 500 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 150 b. Total annual costs ( O& M) 0 c. Total annualized cost requested $ 150 d. Current OMB inventory $ 83 e. Difference $ 67 f. Explanation of difference 1. Program change 0 2. Adjustment $ 67 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. X_ Application for benefits e. __ Program planning or management b. __ Program evaluation f. X_ Research c. __ General purpose statistics g. __ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. X Other_ as needed____________

17. Statistical methods Does this information collection employ statistical methods? X Yes No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: William Nichols Phone: __ 703 603 9918____________________________

OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Proposed Rules]
[Pages 2483-2484]
[FR Doc No: 2019-01483]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 328

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 110, 112, 116, 117, 122, 232, 300, 302, and 401

[EPA-HQ-OW-2018-0149]
RIN 2040-AF75

Revised Definition of ``Waters of the United States''

AGENCY: Department of the Army; Environmental Protection Agency (EPA).

ACTION: Notice of public hearing.

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SUMMARY: On December 11, 2018, the Environmental Protection Agency and
the U.S. Department of the Army (the agencies) signed a proposed rule
revising the definition of ``waters of the United States'' to clarify
the scope of waters federally regulated under the Clean Water Act. The
agencies are announcing that a public hearing will be held in Kansas
City, Kansas on February 27 and 28, 2019, to provide interested parties
the opportunity to present data, views, or information concerning the
proposed rule. The pre-publication version of this proposal can be
found at https://www.epa.gov/wotus-rule/step-two-revise.

DATES: The agencies will hold a public hearing on Wednesday, February
27 and Thursday, February 28, 2019, in Kansas City, Kansas. Please
refer to the SUPPLEMENTARY INFORMATION section for additional
information on the public hearing.

ADDRESSES: The hearing will be held in the Wyandotte Ballroom of the
Reardon Convention Center, 520 Minnesota Avenue, Kansas City, Kansas
66101. The Wednesday session will convene at 4:00 p.m. (local time) and
will conclude no later than 8:00 p.m. and the Thursday session will
convene at 9:00 a.m. and will conclude no later than 12:00 p.m.
    A complete set of documents related to the proposal will be
available for public inspection through the Federal eRulemaking Portal:
http://www.regulations.gov, Docket ID No. EPA-HQ-OW-2018-0149 once the
notice of proposed rulemaking publishes in the Federal Register.
Documents can also be viewed at the Environmental Protection Agency
Docket Center, located at 1301 Constitution Avenue NW, Room 3334,
Washington, DC between 8:30 a.m. and 4:30 p.m., Monday through Friday,
excluding legal holidays. In addition, the pre-publication version of
the notice of proposed rule, the economic analysis for the proposed
rule, and the resource and programmatic assessment for the proposed
rule are available at https://www.epa.gov/wotus-rule/step-two-revise.
    If you are unable to attend the public hearing you will be able to
submit your comments, identified by Docket ID No. EPA-HQ-OW-2018-0149,
to the Federal eRulemaking Portal: http://www.regulations.gov (our
preferred method). Follow the online instructions for submitting
comments. All submissions received must include the Docket ID No. for
this rulemaking. Comments received may be posted without change to
https://www.regulations.gov/, including any personal information
provided. For additional information on the public hearing, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT: Ms. Damaris Christensen, Office of
Water (4504-T), Environmental Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>or Ms. Cindy Barger, Office of
the Assistant Secretary of the Army for Civil Works, 441 G Street NW,
Washington DC 20014; telephone number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 11, 2018, the agencies signed a proposed rule defining
the scope of waters federally regulated under the Clean Water Act, in
light of the U.S. Supreme Court cases in United States v. Riverside
Bayview Homes, Solid Waste Agency of Northern Cook County v. United
States, and Rapanos v. United States, and consistent with Executive
Order 13778, signed on February 28, 2017, entitled ``Restoring the Rule
of Law, Federalism, and Economic Growth by Reviewing the `Waters of the
United States' Rule.'' The agencies are holding a public hearing in
Kansas City, Kansas on February 27 and

28, 2019, to provide interested parties the opportunity to present
data, views, or information concerning the proposed rule. The agencies
have submitted the proposed rule to the Office of the Federal Register,
and it will be published separately in the Federal Register. The
comment period on the proposed action will end 60 days after the notice
of proposed rulemaking publishes in the Federal Register. The pre-
publication version of the proposed rule can be found at https://www.epa.gov/wotus-rule/step-two-revise and will be replaced with the
official version of the notice after it publishes.

II. Public Participation

A. Participation in Public Hearing

    The public is invited to speak during the public hearing on
February 27 and 28, 2019. The agencies will begin pre-registering
speakers for the hearing upon signature of this document. Those
interested in speaking at the hearing can sign up for a three-minute
speaking slot within an identified 45-minute timeframe. To register to
speak at the hearing, please use the online registration form available
at https://www.epa.gov/wotus-rule/proposed-revised-definition-wotus-public-hearing. The last day to pre-register to speak at the hearing
will be February 21, 2019. On February 26, 2019, the agencies will post
a general agenda for the hearing that will list pre-registered speakers
in approximate order at: https://www.epa.gov/wotus-rule/proposed-revised-definition-wotus-public-hearing.
    The agencies will make every effort to follow the schedule as
closely as possible on the day of the hearing; however, please plan for
the hearings to run either ahead of schedule or behind schedule.
Additionally, requests to speak will be taken the day of the hearing at
the hearing registration desk. The agencies will make every effort to
accommodate all speakers who arrive and register, although preferences
on speaking times may not be available.
    Each commenter will have three minutes to provide oral testimony.
The agencies encourage commenters to provide the agencies with a copy
of their oral testimony electronically (via email) or in hard copy
form.
    The agencies may ask clarifying questions during the oral
presentations but will not respond to the presentations at that time.
Written statements and supporting information submitted during the
comment period will be considered with the same weight as oral comments
and supporting information presented at the public hearing. Written
comments must be received by the last day of the comment period, as
specified in the notice of proposed rulemaking. Verbatim transcripts of
the hearing and written statements will be included in the docket for
the rulemaking.
    Please note that any updates made to any aspect of the hearing will
be posted online at https://www.epa.gov/wotus-rule/proposed-revised-definition-wotus-public-hearing. While the agencies expect the hearing
to go forward as set forth above, please monitor our website for any
updates. The agencies do not intend to publish a document in the
Federal Register announcing updates.
    The agencies will not provide audiovisual equipment for
presentations. Any media presentations should be submitted to the
public docket at https://www.regulations.gov/, identified by Docket ID
No. EPA-HQ-OW-2018-0149. A sign language interpreter will be available
for the hearing. If you require the service of a translator or other
special accommodations such as audio description, please pre-register
for the hearing and describe your needs by February 20, 2019. We may
not be able to arrange accommodations without advanced notice.

    Dated: January 31, 2019.
John T. Goodin,
Director, Office of Wetlands, Oceans and Watersheds, Office of Water,
Environmental Protection Agency.
    Dated: February 1, 2019.
Ryan A. Fisher,
Principal Deputy Assistant Secretary of the Army (Civil Works),
Department of the Army.
[FR Doc. 2019-01483 Filed 2-6-19; 8:45 am]
 BILLING CODE 3720-58-P


" Bromberg, Kevin L." < kevin. bromberg@ sba. gov>

To: Mary Kissell/ RTP/ USEPA/ US@ EPA, Mike Thrift/ DC/ USEPA/ US@ EPA, Dave Guinnup/ RTP/ USEPA/ US@ EPA, "' Edmond_ Toy@ omb. eop. gov'" < Edmond_ Toy@ omb. eop. gov>, " Holman, Keith W." < Keith. Holman@ sba. gov>, Ken Hustvedt/ RTP/ USEPA/ US@ EPA cc: Subject: RE: Plywood Changes  Acrolein and Benzene Testing  Response on Detection Limits  Data had low nondetect Levels 02/ 25/ 2004 03: 04 PM Edmond indicated some concern with the technical basis for the exemptions based on potentially high non detect limits in the tests. I've checked with Tim Hunt. The detect limits were .16 for acrolein and .1 for benzene, both well below the 1 ppm specified in Appendix B ( see below). Therefore, there should be no problem in relying on these tests for the exemption.

.............................

( f) Nondetect data. You may treat emissions of an individual HAP as zero if all of the test runs result in a nondetect measurement and the conditions in paragraphs ( 1) and ( 2) of this section are met for the relevant test method. Otherwise, nondetect data ( as defined in § 63.2292 of 40 CFR part 63, subpart DDDD) for individual HAP must be treated as one half of the method detection limit. ( 1) The method detection limit is less than or equal to 1 part per million by volume, dry ( ppmvd) for pollutant emissions measured using Method 320 in appendix A to 40 CFR part 63; or the NCASI Method IM/ CAN/ WP 99.02 ( incorporated by reference ( IBR), see 40 CFR 63.14( f)); or ASTM D6348 03 ( IBR, see 40 CFR 63.14( fb)).

 Original Message From: Bromberg, Kevin L. Sent: Wednesday, February 25, 2004 11: 23 AM To: ' Kissell. Mary@ epamail. epa. gov'; ' thrift. mike@ epa. gov'; ' Guinnup. Dave@ epamail. epa. gov'; ' Edmond_ Toy@ omb. eop. gov'; Holman, Keith W.; ' Hustvedt. Ken@ epamail. epa. gov' Subject: Plywood Changes  Acrolein and Benzene Testing These chemicals were either not detected at all or were detected were in a very small percentage of tests ( all less than 5%), and that number of small positives is expected in a large dataset. See analysis entitled " Evaluation of Wood Products Source Categories" for further details.

We're waiting for the EPA technical reply, in the meantime  here is the suggested rule language that would make the appropriate changes:

 Table 2 Modifications Needed:

Instead of paragraph ( 5) listing acetaldehyde, acrolein, formaldehyde, and phenol, exclude acrolein, and create its own new paragraph ( 6) for acrolein which will exclude: Wood products presses except hardboard ( included) Steam Heated or Indirectly Fired Wood products dryers  except in the hardboard and fiberboard industries Misc Sources  except in the hardboard and fibreboard industries Modify old paragraph ( 6) for benzene to exclude:

Wood Products presses Steam Heated or Indirectly Fired Wood products dryers Misc. Wood products sources ( other than dryers, presses and boilers)

 Current version of Table 2 Table 2 to Appendix B to Subpart DDDD of 40 CFR part 63. Emission Test Methods. For... You must... Using... ( 1) each process unit select sampling ports' location and the number of traverse points Method 1 or 1A of 40 CFR part 60, appendix A ( as appropriate). ( 2) each process unit determine velocity and volumetric flow rate; Method 2 in addition to Method 2A, 2C, 2D, 2F, or 2G in appendix A to 40 CFR part 60 ( as appropriate). ( 3) each process unit conduct gas molecular weight analysis Method 3, 3A, or 3B in appendix A to 40 CFR part 60 ( as appropriate).

( 4) each process unit measure moisture content of the stack gas Method 4 in appendix A to 40 CFR part 60. ( 5) each process unit measure emissions of the following HAP: acetaldehyde, acrolein, formaldehyde, and phenol NCASI Method IM/ CAN/ WP 99.02 ( IBR, see 40 CFR 63.14( f)); OR Method 320 in appendix A to 40 CFR part 63; OR ASTM D6348 03 ( IBR, see 40 CFR 63.14( fb)) provided that percent R as determined in Annex A5 of ASTM D6348 03 is equal or greater than 70 percent and less than or equal to 130 percent. ( 6) each process unit measure emissions of benzene Method 320 in appendix A to 40 CFR part 63; OR ASTM D6348 03 ( IBR, see 40 CFR 63.14 ( fb)) provided that percent R as determined in Annex A5 of ASTM D6348 03 is equal or greater than 70 percent and less than or equal to 130 percent. ( 7) each press that processes board containing MDI resin measure emissions of MDI Method 320 in appendix A to 40 CFR part 63; OR Conditional Test Method ( CTM) 031 which is posted on http:// www. epa. gov/ ttn/ emc/ ctm. html ( 8) each direct fired process unit measure emissions of the following HAP metals: arsenic, beryllium, cadmium, chromium, lead, manganese, and nickel. Method 29 in appendix A to 40 CFR part 60. You must analyze samples using atomic absorption spectroscopy ( AAS). ( 9) each reconstituted wood product press or reconstituted wood product board cooler with a HAP control device meet the design specifications included in the definition of wood products enclosure in § 63.2292 of subpart DDDD of 40 CFR part 63 ok  Original Message From: Kissell. Mary@ epamail. epa. gov [ mailto: Kissell. Mary@ epamail. epa. gov]

Sent: Wednesday, February 25, 2004 9: 54 AM To: Bromberg, Kevin L. Cc: ' Guinnup. Dave@ epamail. epa. gov'; ' Edmond_ Toy@ omb. eop. gov'; Holman, Keith W.; ' Hustvedt. Ken@ epamail. epa. gov'; ' thrift. mike@ epamail. epa. gov' Subject: Re: Plywood  Benzene/ Acrolein Response and other SBA Issues for Boil ers and Plywood If you send any more faxes, please also send them to ( 919) 685 3219.

" Bromberg, Kevin L." To: "' Edmond_ Toy@ omb. eop. gov'" < kevin. bromberg@ s < Edmond_ Toy@ omb. eop. gov>

ba. gov> cc: Mike Thrift/ DC/ USEPA/ US@ EPA, Mary Kissell/ RTP/ USEPA/ US@ EPA, Ken Hustvedt/ RTP/ USEPA/ US@ EPA, 02/ 25/ 2004 09: 41 Dave Guinnup/ RTP/ USEPA/ US@ EPA, " Holman, Keith W." AM < Keith. Holman@ sba. gov>

Subject: Plywood  Benzene/ Acrolein Response and other SBA Issues for Boil ers and Plywood Mary  still need that contractor response on the benzene/ acrolein that you promised last night otherwise recommend that EPA modify table 2, according to the technical analysis showing that benzene and acrolein are not detected in all processes, based on EPA's own dataset.

Other significant issues yet to be resolved on plywood and plywood:

1. EPA " may" approve look up table risk based exemptions 2. co located issue ( boilers) 3. property boundary  risk analysis 4. 12 month rolling average vs. monthly  note that all the recent MACT rules ( to my recollection) were 12 month rolling averages, instead of monthly limits ( I worked on a series of coating rules most recently). 5. For Dave Guinnup to consider on the issue of: 14 month deadline for submission of risk analyses  two suggestions to consider  24 months if facility needs to make modifications/ 18 months for the others in the preamble  EPA" s expectation that lookup analyses will be reviewed within 30 days; tiered analyses within 60 days to determine if more information is required. Expect approvals within 90 days of receiving all appropriate information 14 months is a rather short deadline  EPA won't need all this time. The expectations in the guidance will help provide incentives for early submission without Mike Thrift's legal problem of tying the agency to a deadline.


Appendix E. State Program Status

	* Phased program over three (3) years. At time of program approval, Alaska will administer the NPDES program for domestic discharges (individual and general permits), log storage and transfer facilities, seafood processing facilities (individual and general permits), and hatcheries. Alaska will assume authority for federal facilities, pretreatment, and stormwater on 10/31/09..

Source:

URL:http://cfpub.epa.gov/npdes/statestats.cfm

Last updated on April 14, 2003 1:58 PM

Accessed on November 08, 2011