Environmental Protection Agency March 2007 – Federal Register Recent Federal Regulation Documents

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 August 6, 2005 petition, submitted by Jeremy Nichols (Petitioner), to object to the July 1, 2005 operating permit issued to Public Service Company, Fort Saint Vrain Station (Ft. St. Vrain). Pursuant to section 505(b)(2) of the Clean Air Act (Act), Petitioners may seek judicial review of those portions of the petitions which EPA denied in the United States Court of Appeals for the appropriate circuit. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the Act.

This document announces the Office of Management and Budget's (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's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

This notice announces receipt of an application 524-EUP-R from Monsanto Company requesting an experimental use permit (EUP) for the insect-protected soybean MON 87701. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.

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, entitled: ``Compliance Requirement for Child-Resistant Packaging'' and identified by EPA ICR No. 0616.09 and OMB Control No. 2070-0052, is scheduled to expire on August 31, 2007. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

This regulation establishes and amends tolerances for residues of spinosad in or on certain commodities. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

This regulation establishes an exemption from the requirement of a tolerance for residues of the biochemical pesticide, 6- benzyladenine (6-BA), in or on pear when applied/used as a plant regulator. Valent BioSciences Corporation (Valent) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 6-benzyladenine.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the New Jersey title V Operating Permit Program submitted by the New Jersey Department of Environmental Protection (NJDEP) on October 4, 2006. The New Jersey Operating Permit Program is implemented through its Operating Permits Rule, codified at Subchapter 22 of Chapter 27 of Title 7 of the New Jersey Administrative Code. The October 4, 2006 revision changes the title V fee program that funds the New Jersey Operating Permit Program, and various sections of the Operating Permits Rule relating to definitions, general provisions, general application procedures, operating permit application contents and completeness review. These changes resulted in both substantial and nonsubstantial revisions to New Jersey's Operating Permit Program. EPA is proposing to approve these revisions. The intended affect of this action is to improve the State's Operating Permit Program.

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 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 that 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 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.

Notice is hereby given that a proposed administrative order on consent concerning portions of the McClellan Air Force Base Superfund Site (``Site'') in McClellan, California has been negotiated by the Agency and the Respondent, McClellan Business Park, LLC, a Delaware limited liability company. The proposed administrative order on consent concerns cleanup of portions of the Site pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9604, 9606 and 9622 (``CERCLA''). Pursuant to a Federal Facilities Agreement (``FFA''), the U.S. Air Force is performing the CERCLA response actions for the Site; however, the FFA will be amended to suspend the obligations of the Air Force to conduct the response actions undertaken by the Respondent. The Air Force has prepared a Finding of Suitability for Early Transfer (``FOSET''), which will be submitted to the Environmental Protection Agency (``EPA''), Region 9, and the State of California for their approval after a public comment period. Upon approval of the FOSET, the Air Force will transfer portions of the Site to the County of Sacramento, which will then transfer those portions to the Respondent. The Air Force and the County of Sacramento have entered into an Environmental Services Cooperative Agreement, which requires the County of Sacramento to perform certain CERCLA response actions on the transferred portions of the Site, using funds supplied by the Air Force. The County of Sacramento has contracted with Respondent to conduct those CERCLA response actions. The proposed administrative order on consent would require the Respondent to prepare and perform removal actions, one or more remedial investigations and feasibility studies and one or more remedial designs and remedial actions for certain contaminants present on the transferred portions of the Site, under the oversight of EPA and the State of California. The administrative order on consent also commits the Respondent to reimburse direct and indirect future response costs incurred by EPA in connection with actions conducted under CERCLA at the transferred portions of the Site. For thirty (30) calendar days following the date of publication of this notice, EPA will receive written comments relating to the proposed administrative order on consent. EPA's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105.

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.

Vermont has applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Vermont. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through an immediate final action.

EPA is proposing to approve Wisconsin's April 25, 2006, submittal of a source specific revision to revise its State Implementation Plan (SIP) for the control of volatile organic compounds. Wisconsin held a public hearing on the submittal on February 1, 2005. The revision consists of language contained in an Administrative Decision, dated February 24, 2005, approving an equivalent control system to meet reasonably available control technology emission control requirements for Cook Composites and Polymers Company located in Saukville, Wisconsin, in Ozaukee County.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by the Sierra Club: Sierra Club v. The United States Environmental Protection Agency, No. CV 06-00663 BB(LFG) (District of New Mexico). On or about July 26, 2006, Sierra Club filed a complaint alleging that EPA had failed to perform a non-discretionary duty and had unreasonably delayed publication of a final rule, known as a Federal Implementation Plan (``FIP''), regulating air emissions from the Four Corners Power Plant (``FCPP''). Under the terms of the proposed consent decree, a deadline of April 30, 2007, is established for EPA to take final action on the FIP proposed by EPA on September 12, 2006.

This action announces the availability of EPA decisions identifying water quality limited segments and associated pollutants in California to be listed pursuant to Clean Water Act section 303(d)(2), and requests public comment. Section 303(d)(2) requires that states submit and EPA approve or disapprove lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards and for which total maximum daily loads (TMDLs) must be prepared. On November 30, 2006, EPA partially approved California's 2004-2006 303(d) submittal. Specifically, EPA approved California's proposal to list impaired waters and associated pollutants. On March 8, 2007, EPA partially disapproved California's decisions not to list 64 water quality limited segments and associated pollutants, and additional pollutants for 37 water bodies already listed by the State. EPA identified these additional water bodies and pollutants for inclusion on the State's 2004-2006 section 303(d) list. EPA is providing the public the opportunity to review its decisions to add waters and pollutants to California 2004-2006 section 303(d) list, as required by EPA's Public Participation regulations. EPA will consider public comments in reaching its final decisions on the additional water bodies and pollutants identified for inclusion on California's final lists.

The U.S. Environmental Protection Agency is announcing a 45 day public comment period for the External Review Draft of the ``Interim Guidance for Microarray-Based Assays: Data Submission, Quality, Analysis, Management and Training Considerations.'' EPA is releasing this draft document solely for the purpose of seeking public comment prior to external peer review. The contractor-lead external expert peer review will be conducted by letter and closed teleconference in the May 2007 timeframe. All comments received, submitted in accordance with this notice, will be shared with the external peer review panel for their consideration. Comments received after the close of the comment period may be considered by EPA when it finalizes the document. This document has not been formally disseminated by EPA. This draft interim guidance does not represent and should not be construed to represent any EPA policy, viewpoint, or determination. Members of the public may obtain the draft interim guidance from www.regulations.gov; or www.epa.gov/osa/spc/ genomicsguidance.htm; or from Dr. Kathryn Gallagher via the contact information below. This draft Interim Guidance for Microarray-Based Assays outlines recommendations for: (1) What data to submit to the Agency for microarray studies, (2) performance approach considerations regarding quality assessment parameters, (3) data analysis approaches that should be considered; and (4) data management and storage issues for data submitted to or used by the Agency. The guidance applies to both human health and ecological DNA microarray data. The draft document was developed to provide information to the regulated community and other interested parties about submitting microarray data to the Agency and to provide guidance for EPA staff in evaluating such data and/or information.

EPA issued a notice in the Federal Register of January 17, 2007, concerning the availability of the Proposed Risk Mitigation Decision for nine rodenticides. The nine rodenticides covered by the Proposed Risk Mitigation Decision are brodifacoum, bromadiolone, difethialone, chlorophacinone, diphacinone, warfarin, zinc phosphide, bromethalin, and cholecalciferol. This document is extending the comment period for 60 days, from March 19, 2007, to May 18, 2007.

This regulation establishes tolerances for residues of tribenuron methyl in or on corn, field, forage; corn, field, grain; corn, field, stover; rice, grain; rice, straw; sorghum, forage; sorghum, grain, grain; sorghum, grain, stover; soybean, seed; and sunflower, seed. E.I. DuPont de Nemours and Company, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

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, entitled: ``Plant-Incorporated Protectants; CBI Substantiation and Adverse Effects Reporting'' and identified by EPA ICR No. 1693.05 and OMB Control No. 2070-0142, is scheduled to expire on October 31, 2007. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Working Committee on Pesticide Operations and Management (WC/POM) will hold a 2-day meeting, beginning on April 2, 2007 and ending April 3, 2007. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

This notice announces Agency approval of applications submitted by Jabb of the Carolinas, to conditionally register the pesticide products Beauveria bassiana HF23 (Technical) and the End-use Product, balEnce 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 changes to EPA's regulations specifying the public hearing requirements for State Implementation Plan (SIP) submissions, identifying the method for submission of SIPs and preliminary review of plans; and revising the criteria for determining the completeness of plan submissions requirements to reflect the changes to the public hearing and plan submission requirements. EPA is also making administrative changes to update the addresses to several Regional offices. These proposed revisions will modify when state agencies are required to hold public hearings, modify the number of hard copies of SIP submissions required to be submitted to the Regional office and the administrative portion of the completeness criteria for plan submissions.

The EPA's Science Advisory Board (SAB) Staff Office is announcing three public teleconferences of the SAB Hypoxia Advisory Panel and its subgroups to discuss its draft advisory working report concerning the hypoxic zone in the Gulf of Mexico.