Environmental Protection Agency February 2010 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting on March 10-11, 2010 of the Clean Air Scientific Advisory Committee (CASAC) Particulate Matter Review Panel to review EPA's Particulate Matter Urban-Focused Visibility Assessment-Second External Review Draft (January 2010) and Quantitative Health Risk Assessment for Particulate MatterSecond External Review Draft (February 2010). The SAB Staff Office also announces a teleconference of the CASAC Particulate Matter Review Panel on April 8, 2010 to review EPA's Policy Assessment for the Review of Particulate Matter National Ambient Air Quality StandardsFirst External Review Draft (February 2010).

EPA is proposing a limited approval and limited disapproval of revisions to the Imperial County Air Pollution Control District (ICAPCD) portion of the California State Implementation Plan (SIP). These revisions concern coarse particulate matter (PM10) emissions from sources of fugitive dust such as construction sites, unpaved roads, and disturbed soils in open and agricultural areas. We are proposing action on local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

EPA issued an ANPRM in the Federal Register of December 23, 2009, concerning the initiation of rulemaking to increase public availability of the identities of the inert ingredients in pesticide products. Two requests for a 90-day extension of the comment period were submitted by the Responsible Industry for a Sound Environment and Syngenta Crop Protection, Inc. Based on these requests, EPA is extending the comment period for 60 days, from February 22, 2010, to April 23, 2010.

EPA's Office of Transportation and Air Quality (OTAQ) has authorized various contractors to access information which has been submitted to EPA under Title II of the Clean Air Act that is claimed to be, or has been determined to be, confidential business information (CBI). EPA is providing notice of past disclosure and of ongoing and contemplated future disclosure.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on July 31, 2010. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to update an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

EPA is proposing to revise the procedures for developing Enforceable Consent Agreements (ECAs) to generate test data under the Toxic Substances Control Act (TSCA). The main features of the ECA process that EPA is proposing to change include when and how to initiate negotiations and inserting a firm deadline at which negotiations will terminate. EPA is also proposing to amend several sections in 40 CFR part 790 to place the ECA provisions in one section and the Interagency Testing Committee (ITC) provisions in a separate section, to make it clearer that there is one ECA negotiation procedure applicable to all circumstances when an ECA would be appropriate and to make conforming changes in other sections that reference the ECA procedures.

EPA is announcing a 60-day public comment period for the 2010 draft document titled, ``Toxicological Review of Inorganic Arsenic: In Support of the Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-10/001). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within the EPA's Office of Research and Development (ORD). The Toxicological Review of Inorganic Arsenic was submitted to the EPA's Science Advisory Board (SAB) for external peer review in 2005. The SAB completed its review and submitted its final report to the EPA Administrator in June 2007 (see EPA-SAB-07-008 at www.epa.gov/sab). EPA revised the Toxicological Review in response to the SAB comments. A detailed account of the SAB (2007) recommendations and EPA's response is provided in Appendix A of the 2010 draft Toxicological Review of Inorganic Arsenic.

In this action, in response to a petition for reconsideration, EPA is proposing two actions that would end EPA's 1997 policy that allows sources and permitting authorities to use a demonstration of compliance with the prevention of significant deterioration (PSD) requirements for particulate matter less than 10 micrometers (PM10) as a surrogate for meeting the PSD requirements for particulate matter less than 2.5 micrometers (PM2.5). First, in accordance with the Administrator's commitment to the petitioners in a letter dated April 24, 2009, the EPA is proposing to repeal the ``grandfathering'' provision for PM2.5 contained in the Federal PSD program. Second, EPA is proposing to end early the PM10 Surrogate Policy applicable in States that have an approved PSD program in their State Implementation Plan (``SIP-approved States'').

The EPA is approving revisions to the State Implementation Plan (SIP) submitted by the Governor of New Mexico on May 24, 2006. The

This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An 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. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

The EPA has determined that the Baton Rouge (BR) 1-hour ozone nonattainment area has attained the 1-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon three years of complete, quality-assured and certified ambient air monitoring data that show the area has monitored attainment of the 1-hour ozone NAAQS for the 2006-2008 monitoring period. Preliminary data for 2009 also indicate the area continues to attain the 1-hour ozone NAAQS.

The Environmental Protection Agency, Region VIII, is making a determination to approve an alternative final cover for the Lake County landfill, a municipal solid waste landfill (MSWLF) owned and operated by Lake County, Montana on the Confederated Salish and Kootenai Tribes' Flathead Reservation in Montana. EPA is seeking public comment on EPA's determination to approve Lake County's alternative final cover proposal.

This regulation establishes an exemption from the requirement of a tolerance for residues of poly(oxy-1,2-ethanediyl), [alpha]-hydro- [omega]-hydroxy-, polymer with 1, 1'-methylene-bis-[4- isocyanatocyclohexane]; when used as an inert ingredient in a pesticide chemical formulation under 40 CFR 180.960. UDL Laboratories, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of poly(oxy-1,2-ethanediyl), [alpha]- hydro-[omega]-hydroxy-, polymer with 1, 1'-methylene-bis-[4- isocyanatocyclohexane] on food or feed commodities.

This notice announces the availability of EPA's registration review decision for the pesticide disulfoton, case 0102. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

EPA issued a proposed rule in the Federal Register of October 19, 2009, proposing to find HFO-1234yf acceptable, subject to use conditions as a substitute for CFC-12 in motor vehicle air conditioning. The proposed substitute is a non-ozone-depleting substance and consequently does not contribute to stratospheric ozone depletion. In response to requests from several stakeholders and to allow comments on new supporting materials, this action reopens the public comment period through February 24, 2010.

The EPA is hereby granting a waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the City of Gloucester, Massachusetts (``City'') for the purchase of foreign manufactured rotary sludge dewatering presses. This is a project specific waiver and only applies to the use of the specified product for the ARRA project being proposed. Any other ARRA recipient that wishes to use the same product must apply for a separate waiver based on project specific circumstances. The City's proposed wastewater treatment facility improvements will include replacement of the existing belt filter press for sludge generated at the plant. Based upon information submitted by the City and its consultants, it was determined that two 6-channel rotary press sludge dewatering units, manufactured by Fournier Industries of Quebec, Canada, will meet the City's design and performance specifications. The Regional Administrator is making this determination based on the review and recommendations of the Municipal Assistance Unit. The City, through its consulting engineers, has provided sufficient documentation to support their request. The Assistant Administrator of the Office of Administration and Resources Management has concurred on this decision to make an exception to Section 1605 of ARRA. This action permits the purchase of two, six channel rotary press sludge dewatering units, manufactured by Fournier Industries, by the City, as specified in its September 28, 2009 request, as part of the improvements to the wastewater treatment facility.

This document moves the effective date of the revocation of six inert ingredient tolerance exemptions as set forth in the Federal Register on October 9, 2009 (74 FR 52148).

EPA is proposing to approve revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Environmental Protection Division on September 26, 2006, with a clarifying revision submitted on November 6, 2006. The proposed revisions include multiple modifications to Georgia's Air Quality Rules found at Chapter 391-3-1. These revisions are part of Georgia's strategy to meet the national ambient air quality standards. EPA is proposing to approve Georgia's SIP revisions pursuant to section 110 of the Clean Air Act.

EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The revision, State of Maryland SIP Revision 05-08, replaces the current SIP requirements for the control of carbon monoxide (CO) emissions from basic oxygen furnaces (BOFs) at steel mills in the State of Maryland with a new, equivalent CO standard. EPA is approving this revision to the Maryland SIP in accordance with the requirements of the Clean Air Act (CAA).

EPA is taking direct final action to approve a revision to the West Virginia State Implementation Plan (SIP). The revision removes West Virginia's nitrogen oxides (NOX) SIP Call rules. EPA is approving this revision to remove West Virginia's NOX SIP Call rules in accordance with the requirements of the Clean Air Act (CAA).

Based on its review of the air quality criteria for oxides of nitrogen and the primary national ambient air quality standard (NAAQS) for oxides of nitrogen as measured by nitrogen dioxide (NO2), EPA is making revisions to the primary NO2 NAAQS in order to provide requisite protection of public health. Specifically, EPA is establishing a new 1-hour standard at a level of 100 ppb, based on the 3-year average of the 98th percentile of the yearly distribution of 1-hour daily maximum concentrations, to supplement the existing annual standard. EPA is also establishing requirements for an NO2 monitoring network that will include monitors at locations where maximum NO2 concentrations are expected to occur, including within 50 meters of major roadways, as well as monitors sited to measure the area-wide NO2 concentrations that occur more broadly across communities.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.