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

EPA is approving Michigan's request to redesignate the Allegan County, Michigan nonattainment area to attainment for the 1997 8-hour ozone standard because the request meets the statutory requirements for redesignation under the Clean Air Act (CAA). The Michigan Department of Natural Resources and Environment (MDNRE) submitted this request on May 12, 2010, and supplemented it on June 16, 2010. This approval involves several related actions. EPA is making a determination under the CAA that the Allegan County area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based on three years of complete, quality-assured and certified ambient air quality monitoring data for the 2007-2009 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. Preliminary data available for 2010 is consistent with continued attainment. EPA is also approving, as a revision to the Michigan State Implementation Plan (SIP), the State's plan for maintaining the 8-hour ozone NAAQS through 2021 in the area. EPA is approving the 2005 emissions inventory submitted with the redesignation request as meeting the comprehensive emissions inventory requirement of the CAA for the Allegan County area. Finally, EPA found adequate and is approving the State's 2021 Motor Vehicle Emission Budgets (MVEBs) for the Allegan County area.

This notice announces the Agency's receipt of several initial filings of pesticide petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

EPA is finalizing approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on March 26, 2010 and concern volatile organic compound (VOC) emissions from refinery vacuum producing systems and process unit turnaround. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is proposing changes to analysis and sampling test procedures in wastewater regulations. These changes will provide increased flexibility to the regulated community and laboratories in their selection of analytical methods (test procedures) for use in Clean Water Act programs. The changes include proposal of EPA methods and methods published by voluntary consensus standard bodies, such as ASTM International and the Standard Methods Committee and updated versions of currently approved methods. EPA is also proposing to add certain methods reviewed under the alternate test procedures program. Further, EPA is proposing changes to the current regulations to clarify the process for EPA approval for use of alternate procedures for nationwide and Regional use. In addition, EPA is proposing minimum quality control requirements to improve consistency across method versions; corrections to previously approved methods; and changes to sample collection, preservation, and holding time requirements. Finally, EPA is proposing changes to how EPA cites methods in three effluent guideline regulations.

EPA has authorized its contractor, Eastern Research Group (ERG) of Lexington, MA and subcontractor Avanti Corporation of Alexandria, VA, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from July 30, 2010 to August 31, 2010, consists of the PMNs and TME, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

The EPA (also, ``the Agency'' or ``we'') is amending the exclusion for the American Steel Cord facility in Scottsburg, Indiana to reflect changes in ownership and name.

This notice announces the availability of EPA's Draft Chesapeake Bay (Bay) TMDL for nutrients and sediment for public review and comment and announces the information regarding public meetings on the Draft TMDL being held within the watershed. EPA is establishing the Draft TMDL for nutrients (nitrogen and phosphorus) and sediment for each of the 92 segments in the tidal portion of the Chesapeake Bay watershed pursuant to Sections 117(g) and 303(d) of the Clean Water Act (CWA). As such this Draft TMDL will contain at minimum 92 segment specific point (wasteload) and non-point (load) allocations for nitrogen, phosphorous and sediment that will assure the attainment and maintenance of all applicable water quality standards for each of the 92 segments. The Bay TMDL is a key part of the clean water commitment in the Federal Strategy developed as part of Executive Order 13508 on Chesapeake Bay Protection and Restoration. EPA intends to work with federal partners, the six watershed states, the District of Columbia, local governments and other parties to put in place a comprehensive, transparent and accountable set of commitments and actions that together ensure that pollution controls needed to restore Bay water quality are implemented by no later than 2025 (Executive Order, 13508). To provide information to the public regarding the process, approach and implications of the Draft Bay TMDL, EPA will hold a series of informal public meetings on the dates and locations identified below. The goal of these meetings is to assist the public in their understanding of the Draft Bay TMDL and provide an overview of the TMDL process, especially the stakeholder review and comment process. EPA will verbally respond to as many questions as time permits at these public meetings. Formal comments that any stakeholder wishes to make must be written and submitted as described below and will be entered into the public record. By this notice, EPA is soliciting input from the public on the Draft Bay TMDL. EPA will review all written comments submitted during the public comment period and will consider them, as appropriate, in establishing the Final TMDL. Persons wishing to comment on the information contained in the TMDL are invited to do so in writing from September 24, 2010 to November 8, 2010. All comments must be postmarked no later than November 8, 2010. All comments must be written, include the name, address and telephone number of the commenter, and should be as concise and as specific as possible in order for EPA to develop a meaningful response. Electronic submission of comments as described below is encouraged. Additional information on the Draft Bay TMDL and on the public meetings can be found at https:// www.epa.gov/chesapeakebaytmdl.

This notice announces EPA's order for the amendment to terminate certain uses, voluntarily requested by the registrant and accepted by the Agency, of the pesticide products listed in Table 1, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This order to terminate uses follows a June 23, 2010 Federal Register Notice of Receipt of Request from the Registrant listed in Table 2 to voluntarily amend 2- (hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) product registrations to terminate or delete one or more uses. The request would delete use in or on metalworking fluids; latex paints; resin/ latex/polymer emulsions; specialty industrial products; livestock and poultry premises; paints, emulsions and thickener solutions; use as a preservative for packaged emulsions, solutions, or suspensions such as detergents and polishes containing water; and use in pulp and paper- mill process water systems. The request would not terminate the last 2- (hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro) products registered for use in the United States and would result in retention of some registered uses for those products. In the June 23, 2010 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 registrant withdrew the requests within this period. The Agency did not receive any comments on the notice. Further, the registrant did not withdraw the requests. Accordingly, EPA hereby issues in this notice, an order granting the requested amendment to terminate uses. Any distribution, sale, or use of the products subject to this order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of request by a registrant to voluntarily cancel certain pesticide registrations. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws its request. If this request is granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been canceled only if such sale, distribution, or use is consistent with the terms as described in the final order.

On or about September 13, 2010, the Office of Air Quality Planning and Standards (OAQPS) of EPA is making available a draft report, Policy Assessment for the Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur: Second External Review Draft. The EPA is releasing this preliminary draft document to seek early consultation with the Clean Air Scientific Advisory Committee (CASAC) and to solicit public comment on the overall structure, framing of key issues and conclusions regarding options for key elements of the standards.

EPA is proposing to approve a revision to the Alabama State Implementation Plan (SIP) submitted by the Alabama Department of Environmental Management (ADEM) on March 3, 2010. The proposed revision would modify the definition of ``volatile organic compounds'' (VOCs) found at Alabama Administrative Code section 335-3-1-.02(gggg). Specifically, the revision would add two compounds (propylene carbonate and dimethyl carbonate) to the list of those excluded from the VOC definition on the basis that these compounds make a negligible contribution to tropospheric ozone formation. ADEM is seeking to update its SIP to be consistent with the federal rule finalized by EPA on January 21, 2009, which excludes these compounds from the regulatory definition of VOC. This action is being taken pursuant to Section 110 of the Clean Air Act.

EPA is promulgating significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 25 chemical substances which were the subject of premanufacture notices (PMNs). One of these chemical substances is subject to a TSCA section 5(e) consent order issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 25 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

EPA is proposing to approve State Implementation Plan revisions submitted by the States of Connecticut, Massachusetts, and Rhode Island. These revisions establish 2002 base year emission inventories and reasonable further progress emission reduction plans for areas within these states designated as nonattainment of EPA's 1997 8-hour ozone standard. The intended effect of this action is to propose approval of these states' 2002 base year inventories and reasonable further progress (RFP) emission reduction plans, and to propose approval of the 2008 motor vehicle transportation budgets and contingency measures associated with the RFP plans. EPA also proposes approval of three rules adopted by Connecticut that will reduce volatile organic compound emissions in the state.

The EPA is announcing a public hearing to be held for the proposed ``Rule to Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: New Source Review Anti-Backsliding Provisions for Former 1-Hour Ozone Standard'' which published in the Federal Register on August 24, 2010. The hearing will be held on Tuesday, October 12, 2010, in Washington, DC.

The State of Georgia, through the Georgia Department of Natural Resources (GA DNR), submitted a letter on June 9, 2010, with a request for EPA to grant a one-year extension of the attainment date for the 1997 8-hour ozone national ambient air quality standards (NAAQS) for the Atlanta, Georgia Area (hereafter referred to as the ``Atlanta Area''). The Atlanta Area consists of Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton Counties. In today's action, EPA is proposing to determine that the State of Georgia has met the Clean Air Act (CAA or the Act) requirements to obtain a one-year extension to its attainment date for the 1997 8-hour ozone NAAQS for the Atlanta Area. As a result, EPA is proposing to approve a one-year extension of the 1997 8-hour ozone moderate attainment date for the Atlanta Area. Specifically, EPA is proposing to extend the Atlanta Area's attainment date from June 15, 2010, to June 15, 2011.

The Environmental Protection Agency is proposing partial approval of the State Implementation Plan (SIP) revisions called ``Interstate Transport of Air Pollution'' addressing the ``interference with maintenance'' requirement of Clean Air Act (CAA) section 110(a)(2)(D)(i) for the 1997 fine particulate matter (PM2.5) and 8-hour ozone National Ambient Air Quality Standards (NAAQS). In this action EPA proposes to approve the North Dakota Interstate Transport SIP sections that address the requirements of section 110(a)(2)(D)(i) prohibiting a state's emissions from interfering with maintenance by any other state of the 1997 PM2.5 and 8-hour ozone NAAQS. This action is being taken under section 110 of the CAA.

This notice announces Agency approval of applications submitted by Cheminova A/S, c/o Cheminova, Inc., to conditionally register the pesticide products Cheminova Flutriafol Technical and TOPGUARD Fungicide containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(7)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

EPA is proposing to approve revisions to the San Diego Air Pollution Control District (SDCAPCD) portion of the California State Implementation Plan (SIP). This revision concerns the definition of volatile organic compounds (VOC). We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This regulation establishes a tolerance for residues of fenarimol including its metabolites and degradates in or on vegetable, cucurbit, group 9. Gowan Company requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

In the final rulemaking for new exhaust and evaporative emissions standards for nonroad spark-ignition engines, vessels, and equipment (73 FR 59034, October 8, 2008), EPA established first-ever evaporative emissions standards for marine vessels. These requirements included portable marine fuel tanks commonly used in recreational boating. During their efforts to certify portable fuel tanks to these new requirements, manufacturers working together on systems integration identified several technical issues with the performance of the tanks/ fuel systems in use that were not fully apparent to them before these standards were developed. Systems integration work conducted by the fuel tank, boat and engine manufacturers highlighted that under some circumstances there was the potential for fuel spillage to occur. Work conducted by these parties indicated that this issue applies to existing systems and tanks as well as those built to comply with EPA's evaporative emission design standard. We have engaged the industry to identify a simple, safe, and emissions neutral solution to this concern. This proposed action represents the results of that work and is emissions neutral with respect to the diurnal emissions standard; however, to the extent that it helps reduce fuel spillage, incorporating safe recommended practices will result in a net benefit to the environment and lead to fuel savings. In the ``Rules and Regulations'' section of this Federal Register, we are making these technical amendments as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

The Environmental Protection Agency (EPA) established the Clean Air Act Advisory Committee (CAAAC) on November 19, 1990, to provide independent advice and counsel to EPA on policy issues associated with implementation of the Clean Air Act of 1990. The Committee advises on economic, environmental, technical scientific, and enforcement policy issues. Dates & Addresses: Open meeting notice; Pursuant to 5 U.S.C. App. 2 Section 10(a)(2), notice is hereby given that the Clean Air Act Advisory Committee will hold their next open meeting on Wednesday, October 6, 2010 from 8 a.m. to 4 p.m. at the Crowne Plaza at National Airport, located at 1489 Jefferson Davis Highway in Arlington, Virginia. Seating will be available on a first come, first served basis. The Economic Incentives and Regulatory Innovations subcommittee will meet on Tuesday, October 5, 2010 from 8:30 a.m. to 12 p.m. The Permits, New Source Reviews and Toxics subcommittee will meet on Tuesday, October 5, 2010 from approximately 12:45 p.m. to 5 p.m. The meetings will also be held at the Crown Plaza at National Airport, in Arlington, Virginia. The Mobile Sources Technical Review Subcommittee (MSTRS) will announce their upcoming meeting via a separate Federal Register notice. The agenda for the CAAAC full committee meeting on October 6, 2010 will be posted on the Clean Air Act Advisory Committee Web site at https://www.epa.gov/oar/caaac/. Inspection of Committee Documents: The Committee agenda and any documents prepared for the meeting will be publicly available at the meeting. Thereafter, these documents, together with CAAAC meeting minutes, will be available by contacting the Office of Air and Radiation Docket and requesting information under docket OAR-2004-0075. The Docket office can be reached by e-mail at: a-and-r-Docket@epa.gov or FAX: 202-566-9744.

EPA has received a specific exemption request from the South Dakota Department of Agriculture to use the pesticide amitraz (CAS No. 330089-61-1) to treat up to 250,000 colonies of beehives to control varroa mites. The applicant proposes a use of a pesticide which was voluntarily canceled under section 6(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and which poses a risk similar to the risk which was voluntarily canceled under section 6(f) of FIFRA. EPA is soliciting public comment before making the decision whether or not to grant the exemption.