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

EPA issued a notice in the Federal Register of May 19, 2010, concerning petitions concerning whether ammonia or urea sold or distributed and used for certain purposes should be regulated as pesticides. This document extends the comment period for 45 days, from July 19, 2010 to September 2, 2010.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby

EPA is proposing to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from vanishing oils, rust inhibitors, plastic coatings, rubber coatings, glass coatings, and aerospace operations. We are proposing to approve these local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This regulation establishes tolerances for residues of cyazofamid in or on Brassica, head and stem, subgroup 5A; Brassica, leafy greens, subgroup 5B; turnip, greens; spinach; and hop, dried cones. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces EPA's order for amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of products containing rotenone, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a June 7, 2006 Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily amend to terminate uses of these product registrations. These are not the last products containing this pesticide registered for use in the United States. In the June 7, 2006 notice, EPA indicated that it would issue an order implementing the amendments to terminate uses, unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received one comment on the notice but it did not merit further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested amendments to terminate uses. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

The Environmental Protection Agency (EPA or the Agency) is proposing revisions to the 1989 Total Coliform Rule. The proposed Revised Total Coliform Rule offers a meaningful opportunity for greater public health protection beyond the current Total Coliform Rule. The proposed revisions require systems that have an indication of coliform contamination in the distribution system to assess the problem and take corrective action that may reduce cases of illnesses and deaths due to potential fecal contamination and waterborne pathogen exposure. This proposal also updates provisions in other rules that reference analytical methods and other requirements in the current TCR (e.g., Public Notification and Ground Water Rules). These proposed revisions are in accordance with the Safe Drinking Water Act as amended, which requires EPA to review and revise, as appropriate, each national primary drinking water regulation promulgated under the Safe Drinking Water Act not less often than every six years. As with the current Total Coliform Rule, the proposed Revised Total Coliform Rule applies to all public water systems.

In compliance with the Paperwork Reduction Act (PRA) (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 information collection and its estimated burden and cost.

In this document, the U.S. Environmental Protection Agency (EPA or the Agency) is providing guidance on various reporting options that States and local agencies may choose in implementing sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). In addition, the Agency is also providing some new interpretations and revising some existing ones to help facilities comply with certain of the requirements under EPCRA.

On March 22, 2010, Administrator Lisa P. Jackson announced the Drinking Water Strategy, a new vision to expand public health protection for drinking water by going beyond the traditional framework. The Drinking Water Strategy includes the following four

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 extending by 6 months the deadline for EPA to take action on a petition submitted by the New Jersey Department of Environmental Protection (NJDEP). The petition requests that EPA make a finding under the Clean Air Act (CAA) that the coal-fired Portland Generating Station in Upper Mount Bethel Township, Northampton County, Pennsylvania, is emitting air pollutants in violation of the provisions of the CAA. Under the CAA, EPA is authorized to grant a time extension for responding to the petition if EPA determines that the extension is necessary, among other things, to meet the purposes of the CAA's rulemaking requirements. By this action, EPA is making that determination.

EPA is promulgating a regulation to require monitoring and reporting of greenhouse gas emissions from magnesium production, underground coal mines, industrial wastewater treatment, and industrial waste landfills. This action adds these four source categories to the list of source categories already required to report greenhouse gas emissions. This action requires monitoring and reporting of greenhouse gases for these source categories only for sources with carbon dioxide equivalent emissions above certain threshold levels as described in this regulation. This action does not require control of greenhouse gases.

This notice announces that on May 3, 2010, the State of Oregon was deemed authorized under section 404(a) of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2684(a), to administer and enforce requirements for a renovation, repair and painting program in accordance with section 402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3), and a lead-based paint pre-renovation education program in accordance with section 406(b) of TSCA, 15 U.S.C. 2686(b). This notice also announces that EPA is seeking comment during a 45-day public comment period, and is providing an opportunity to request a public hearing within the first 15 days of this comment period, on whether these Oregon programs are at least as protective as the Federal programs and provide for adequate enforcement. This notice also announces that the authorization of the Oregon 402(c)(3) and 406(b) programs, which were deemed authorized by regulation and statute on May 3, 2010, will continue without further notice unless EPA, based on its own review and/or comments received during the comment period, disapproves one or both of these Oregon program applications on or before October 31, 2010.

EPA in cooperation with the U.S. Army Corps of Engineers Jacksonville District (USACE) intends to prepare an EIS to designate a new ODMDS offshore the mouth of the St. Johns River. The EIS will provide the information necessary to evaluate the potential environmental impacts associated with ODMDS alternatives and identify a preferred alternative that meets EPA's site selection criteria at 40 CFR 228.5 and 228.6. Need for Action: The USACE has requested that EPA designate an additional ODMDS, 4 square nautical miles in size, offshore the mouth of the St. Johns River for the disposal of dredged material from the Jacksonville Harbor Federal Navigation Project and from Naval Station Mayport. The need for an additional ODMDS is based on observed mounding at the existing Jacksonville ODMDS, capacity computer modeling results, and estimates of future proposed projects. Alternatives: The following proposed alternatives have been tentatively defined. 1. No action. The no action alternative is defined as not designating an additional ocean disposal site. The existing Jacksonville ODMDS would reach capacity in 8 to 10 years. 2. Expansion of the existing Jacksonville ODMDS. Expand the existing Jacksonville ODMDS to the south and east. 3. South Alternative ODMDS. Designate an ODMDS 5.8 to 8.6 nautical miles southeast of St. Johns River entrance. 4. North Alternative ODMDS. Designate an ODMDS 4.1 to 7.1 nautical miles northeast of St. Johns River entrance. Scoping: EPA is requesting written comments from federal, state, and local governments, industry, non-governmental organizations, and the general public on the range of alternatives considered, specific environmental issues to be evaluated in the EIS, and the potential impacts of the alternatives for an ODMDS designated offshore the mouth of the St. Johns River. Scoping comments will be accepted for 60 days, beginning with the date of this Notice. A public scoping meeting will be held in the Jacksonville, Florida area in August of 2010. Estimated Date of Draft EIS Release: September 2011. Responsible Official: A. Stanley Meiburg, Acting Regional Administrator, Region 4.

This regulation establishes an exemption from the requirement of a tolerance for residues of Terpene Constituents of the Extract of Chenopodium ambrosioides near ambrosioides ([alpha]-terpinene, d- limonene and p-cymene) as Synthetically Manufactured in or on all food commodities when applied/used as a biochemical insecticide and acaricide. AgraQuest, Incorporated 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 Terpene Constituents of the Extract of Chenopodium ambrosioides near ambrosioides ([alpha]-terpinene, d-limonene and p- cymene) as Synthetically Manufactured under FFDCA.

A public workshop is being held to discuss the operation of heavy-duty engines equipped with selective catalyst reduction (SCR). EPA will be reviewing its policies regarding the operation of SCR- equipped heavy-duty diesel engines without diesel exhaust fluid (DEF), with improper DEF, or when tampering (or some other defect in the SCR system) is detected.

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.

In compliance with the Paperwork Reduction Act (PRA) (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 for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

The United States Environmental Protection Agency's (EPA) Environmental Financial Advisory Board (EFAB) will hold an open meeting on August 9-10, 2010. EFAB is an EPA advisory committee chartered under the Federal Advisory Committee Act (FACA) to provide advice and recommendations to EPA on creative approaches to funding environmental programs, projects, and activities.

The Office of Air Quality Planning and Standards (OAQPS) of EPA is announcing the availability of two final documents titled, Quantitative Health Risk Assessment for Particulate Matter and Particulate Matter Urban-Focused Visibility Assessment. These two documents describe the quantitative analyses that have been conducted as part of the review of the national ambient air quality standards (NAAQS) for particulate matter (PM).

EPA is finalizing a limited approval and limited disapproval of revisions to the Imperial County Air Pollution Control District (ICAPCD or the District) portion of the California State Implementation Plan (SIP) under the Clean Air Act as amended in 1990 (CAA or the Act). This action was proposed in the Federal Register on February 23, 2010 and concerns local rules that regulate coarse particulate matter (PM10) emissions from sources of fugitive dust such as construction sites, unpaved roads, and disturbed soils in open and agricultural areas in Imperial County.

Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will meet on the dates and times described below. All meetings are open to the public. Members of the public are encouraged to provide comments relevant to the specific issues being considered by the NEJAC. For additional information about signing up for public comment, please see SUPPLEMENTARY INFORMATION. Due to limited space, seating at the NEJAC meeting will be on a first-come basis. Pre- registration before July 16 is highly recommended (see FOR FURTHER INFORMATION CONTACT section below for registration details).

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 for a new 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 proposes to determine in this action the confidentiality status of data required to be reported under the Mandatory Greenhouse Gas Reporting Rule. This action describes the data categories EPA has developed for the Mandatory Greenhouse Gas Reporting Rule data elements and EPA's proposed confidentiality determination for each category. In addition, this action includes EPA's proposed amendment to Special rules governing certain information obtained under the Clean Air Act. The proposed amendment would authorize EPA to release or withhold as confidential reporting elements in the Mandatory Greenhouse Gas Reporting Rule according to the determinations made in a final action without taking certain additional procedural steps currently required. This action also solicits comments on several key issues related to the proposed confidentiality determinations and amendment.

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public teleconference of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT represents diverse interests from academia, industry, non-governmental organizations, and local, State, and tribal governments. The Council will be discussing comments it is developing on the draft EPA FY 2011- 2015 Strategic Plan. The Council will also be discussing the workplans it is developing to respond to EPA's request for advice on workforce