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

The U.S. Environmental Protection Agency (EPA) is announcing that a workshop entitled, ``Workshop to Discuss Policy-Relevant Science to Inform EPA's Integrated Plan for Review of the National Ambient Air Quality Standards for Lead,'' is being organized by EPA's Office of Air and Radiation's Office of Air Quality Planning and Standards (OAQPS) and EPA's Office of Research and Development's National Center for Environmental Assessment (NCEA). The workshop will be held May 10-11, 2010, in Research Triangle Park, North Carolina. The workshop will be open to attendance by interested public observers on a first-come, first-served basis up to the limits of available space.

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.

EPA is proposing to remedy an inadvertent omission in the Tennessee State Implementation Plan (SIP) regarding visibility in 40

EPA is taking final action to approve the transportation conformity revisions to the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet's Division of Air Quality (KY DAQ). This addition consists of transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. The intended effect is to establish the transportation conformity criteria and procedures in the Kentucky SIP. This action is being taken pursuant to section 110 of the Clean Air Act (CAA).

This notice announces EPA's order for the cancellation and/or amendments to terminate uses, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticides sodium dimethyldithiocarbamate and/or potassium dimethyldithiocarbamate, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a September 16, 2009 Federal Register Notice of Receipt of Requests from dimethyldithiocarbamate salts registrants to voluntarily cancel and/or amend to terminate uses of some of their dimethyldithiocarbamate salts product registrations. These are not the last dimethyldithiocarbamate salts products registered for use in the United States. In the September 16, 2009 notice, EPA indicated that it would issue an order implementing the cancellations and amendments to terminate uses, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrant withdrew its requests within this period. The Agency did not receive any comments on the notice. Further, the registrant did not withdraw its requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested product cancellation and amendments to terminate uses. Any distribution, sale, or use of the sodium dimethyldithiocarbamate and potassium dimethyldithiocarbamate products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

The EPA is announcing an extension of the public comment period for a draft assessment document titled, Policy Assessment for the Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur: First External Review Draft (75 FR 11877; March 12, 2010). The comment period was originally scheduled to end on April 29, 2010. The extended comment period will close on May 13, 2010. The Agency is extending the comment period by two weeks to provide the public with adequate time to conduct appropriate analysis and prepare meaningful comments.

The National Environmental Education Foundation was created by Section 10 of Public Law 101-619, the National Environmental Education Act of 1990. It is a private 501(c)(3) non-profit organization established to promote and support education and training as necessary tools to further environmental protection and sustainable, environmentally sound development. It provides the common ground upon which leaders from business and industry, all levels of government, public interest groups, and others can work cooperatively to expand the reach of environmental education and training programs beyond the traditional classroom. The Foundation supports a grant program that promotes innovative environmental education and training programs; it also develops partnerships with government and other organizations to administer projects that promote the development of an environmentally literate public. The Administrator of the U.S. Environmental Protection Agency, as required, by the terms of the Act, announces the following appointment to the National Environmental Education Foundation Board of Trustees. The appointee is Manuel Alberto Dim, a partner in the law firm Lydecker Dim, LLP.

This document announces that the EPA Administrator has responded to a citizen petition asking EPA to object to an operating permit issued by the Colorado Department of Public Health and Environment (CDPHE). Specifically, the Administrator has partially granted and partially denied the March 10, 2009 Petition, submitted by WildEarth Guardians (Petitioner), to object to CDPHE's April 1, 2009 title V permit issued to Public Service Company of Colorado dba Xcel Energy (Xcel)Hayden Power Station.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public teleconference on May 7, 2010 of the Clean Air Scientific Advisory Particulate Matter Review Panel to discuss its draft letter on the review of EPA's Policy Assessment for the Review of Particulate Matter National Ambient Air Quality StandardsFirst External Review Draft (March 2010).

EPA is proposing to approve revisions to the Maricopa County Air Quality Department (MCAQD) portion of the Arizona State Implementation Plan (SIP). These revisions concern opacity standards related to multiple pollutants, including particulate matter (PM) emissions from several different types of sources, ranging from fugitive dust to diesel generators. We are approving a local rule that regulates 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.

The EPA Science Advisory Board (SAB) Staff Office announces a public meeting of the Advisory Council on Clean Air Compliance Analysis (Council). The Council will conduct quality reviews of three subcommittee reports and review draft chapters of the EPA Office of Air and Radiation's Second Section 812 Prospective Analysis of the benefits and costs of the Clean Air Act.

EPA is approving two State Implementation Plan revisions submitted by the State of Wyoming on September 11, 2008. Wyoming has revised its Air Quality Standards and Regulations, specifically Chapter 1, Section 5, Unavoidable equipment malfunction, and Chapter 1, Section 6, Credible evidence. Because these revisions conform to the Clean Air Act and EPA regulations, EPA is approving the revisions with the intention of making them Federally enforceable. EPA is taking this action under section 110 of the Clean Air Act.

Pursuant to a proceeding for reconsideration, the EPA requests comment on a Clean Air Act (CAA) rule, the New Source Review (NSR) Aggregation Amendments, which was promulgated on January 15, 2009. The NSR Aggregation Amendments established a new interpretation of the existing NSR rules governing the modification of major sources by requiring sources and permitting authorities to combine emissions from nominally-separate activities at a major stationary source only when the activities are ``substantially related.'' This proposed reconsideration is in response to a petition from the Natural Resources Defense Council (NRDC) received on January 30, 2009. EPA requests public comment on all issues included in NRDC's petition. In light of the legal and policy issues raised in the petition and in our own review of the rule, EPA's preferred option is to revoke the NSR Aggregation Amendments. EPA is also proposing to extend the effective date of the stay by an additional 6 months, and soliciting comment on a longer extension of the stay.

The Louisiana Department of Environmental Quality (LDEQ) has submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources. These regulations apply to certain NSPS promulgated by EPA, as amended through July 1, 2008; and certain NESHAPs promulgated by EPA, as amended through July 1, 2008. The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that it has approved delegation of certain NSPS to LDEQ, and taking direct final action to approve the delegation of certain NESHAPs to LDEQ.

The EPA is proposing to approve the Louisiana Department of Environmental Quality (LDEQ) updated regulations for receiving delegation of EPA authority for implementation and enforcement of New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs) for all sources (both part 70 and non-part 70 sources). These regulations apply to certain NSPS promulgated by EPA at 40 CFR part 60, as amended through July 1, 2008; and certain NESHAPs promulgated by EPA, as amended through July 1, 2008, for both 40 CFR part 61 and 63 standards. The rule also incorporates by reference certain other revisions made after July 1, 2008. The delegation of authority under this action does not apply to sources located in Indian Country. EPA is providing notice that it has approved delegation of certain NSPS to LDEQ, and taking direct final action to approve the delegation of certain NESHAPs to LDEQ.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this notice 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 8/31/2010. 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 (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.

The EPA is proposing to designate the Guam Deep Ocean Disposal Site (G-DODS) as a permanent ocean dredged material disposal site (ODMDS) located offshore of Guam. Dredging is essential for maintaining safe navigation at port and naval facilities in Apra Harbor and other locations around Guam. Not all dredged materials are suitable for beneficial re-use (e.g., construction materials, landfill cover), and not all suitable materials can be re-used or stockpiled for future use given costs, logistical constraints, and capacity of existing land disposal or re-handling sites. Therefore, there is a need to designate a permanent ODMDS offshore of Guam. Disposal operations at the site will be limited to a maximum of 1 million cubic yards (764,555 cubic meters) per calendar year and must be conducted in accordance with the Site Management and Monitoring Plan. The proposed ODMDS will be monitored periodically to ensure that the site operates as expected.

This notice announces the availability of EPA's proposed registration review decision for the pesticide methamidophos and opens a public comment period on the proposed decision. 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 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.

This notice announces the withdrawal of pesticide petitions (PP 6E7075, 2E6478, 3E6592, 6E7140, 9E7548, 6F7136, 7F7242, 3F4188, 3H5662, and 7F7248) proposing the establishment or modification of tolerances for residues of pesticide chemicals in or on various commodities. The petitions were either withdrawn voluntarily by the petitioners or administratively by the Agency.

This regulation establishes a time-limited tolerance for residues of kasugamycin, 3-O-[2-amino-4-[(carboxyiminomethyl)amino]- 2,3,4,6-tetradeoxy-[alpha]-D-arabino-hexopyranosyl]-D-chiro-i nositol in or on apples. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the agricultural bactericide on apples. This regulation establishes a maximum permissible level for residues of kasugamycin in this food commodity. The time-limited tolerance expires and is revoked on December 31, 2012.

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.

Indiana requested on December 31, 2008, that EPA approve as a revision to its State Implementation Plan (SIP) alternative monitoring requirements for the Indianapolis Power and Light Company (IPL) at its Harding Street Generating Station. The alternative monitoring requirements allow the use of a particulate matter (PM) continuous emissions monitoring system (CEMS) in place of a continuous opacity monitor system (COMS).

The Environmental Protection Agency (EPA) is soliciting public

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.