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

EPA is approving a redesignation request and a State Implementation Plan (SIP) revision submitted by the State of West Virginia. The West Virginia Department of Environmental Protection (WVDEP) is requesting that the Parkersburg, West Virginia (Parkersburg) portion of the Parkersburg-Marietta, WV-OH area (herein referred to as the ``Area'') be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the State submitted a SIP revision consisting of a maintenance plan for Parkersburg that provides for continued attainment of the 8-hour ozone NAAQS for the next 12 years, until 2018. Concurrently, EPA is approving the maintenance plan as meeting the requirements of Clean Air Act (CAA) 175A(b) with respect to the 1-hour ozone maintenance plan update. EPA is also approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Parkersburg 8-hour maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request and the maintenance plan revision to the West Virginia SIP in accordance with the requirements of the CAA.

EPA is proposing to approve a revision to the Iowa State Implementation Plan (SIP) submitted on August 15, 2006. This revision addresses the requirements of EPA's Clean Air Interstate Rule (CAIR) promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006. EPA is proposing to determine that the SIP revision fully implements the CAIR requirements for Iowa. Therefore, as a consequence of the SIP approval, EPA will also withdraw the CAIR Federal Implementation Plans (FIPs) concerning SO2, NOX annual, NOX ozone season emissions for Iowa. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006, and subsequently revised on December 13, 2006. CAIR requires States to reduce emissions of sulfur dioxide (SO2) and nitrogen oxides (NOX) that significantly contribute to, and interfere with maintenance of, the national ambient air quality standards for fine particulates and/or ozone in any downwind state. CAIR establishes State budgets for SO2 and NOX and requires States to submit SIP revisions that implement these budgets in States that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is proposing to approve, Iowa would meet CAIR requirements by participating in the EPA-administered cap-and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions.

This action is a supplemental notice of proposed rulemaking (SNPR) to EPA's October 20, 2005 notice of proposed rulemaking (NPR). In the October 2005 NPR, EPA (we) proposed to revise the emissions test for existing electric generating units (EGUs) that are subject to the regulations governing the Prevention of Significant Deterioration (PSD) and nonattainment major New Source Review (NSR) programs (collectively ``NSR'') mandated by parts C and D of title I of the Clean Air Act (CAA). We proposed three alternatives for the emissions test: a maximum achievable hourly emissions test, a maximum achieved hourly emissions test, and an output-based hourly emissions test. This action recasts the proposed options so that the output-based test becomes an alternative method to implement the maximum achieved or maximum achievable hourly tests, rather than a separate option. This SNPR also proposes a new option in which the hourly emissions increase test is added to the existing requirements for computing a significant increase and a significant net emissions increase on an annual basis. It also includes proposed rule language and supplemental information for the October 2005 proposal, including an examination of the impacts on emissions and air quality. These proposed regulations interpret the emissions increase component of the modification test under CAA 111(a)(4), in the context of NSR, for existing EGUs. The proposed regulations would promote the safety, reliability, and efficiency of EGUs. We are seeking comment on all aspects of this proposed rule.

The Environmental Protection Agency (EPA) is promulgating a source-specific Federal Implementation Plan (FIP) to regulate emissions from the Four Corners Power Plant (FCPP), a coal-fired power plant located on the Navajo Indian Reservation near Farmington, New Mexico.

EPA proposes to approve an amendment to the Missouri State Implementation Plan (SIP). This action approves an amendment to the SIP-approved Doe Run Herculaneum Consent Judgment to remove language specifying the exact bag technology to be used in the baghouses. Related performance standard requirements will remain unchanged. This action is independent and does not affect the revision to the Missouri SIP due in April 2007, in response to the SIP Call issued April 14, 2006, to bring the area of Herculaneum into compliance with the lead National Ambient Air Quality Standard.

The Agency is announcing the availability of a Pesticide Registration Notice (PR Notice) titled ``Guidance on Small-Scale Field Testing and Low-Level Presence in Food of Plant-Incorporated Protectants (PIPs).'' PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. The PR Notice provides guidance to the registrant concerning clarification on the process by which EPA reviews and ensures the safety of low-level residues of PIPs in food or feed, and the conditions under which a tolerance or exemption from the requirement of a tolerance would be required for field tests for biotechnology-derived food and feed crop plants containing PIPs.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601 et seq., the U.S. Environmental Protection Agency (``EPA'') announces a proposed administrative settlement to resolve claims under CERCLA. This settlement is intended to resolve the liability of a responsible party for certain response costs incurred and to be incurred by EPA at the Dover Municipal Well 4 Superfund Site located in Dover, Morris County, New Jersey (``Site''). The proposed administrative settlement is contained in an Agreement for Recovery of Past Response Costs (``Agreement'') between Marie Pennella (``the Settling Party'') and EPA. By this Notice, EPA is informing the public of the proposed settlement and of the opportunity to comment. The Site includes Municipal Well 4, which was closed in 1980 after the discovery of volatile organic compounds in the well water. The Site also includes an approximately one quarter-acre parcel (``the Property'') owned by the Settling Party. A dry cleaning facility formerly operated on the Property, and the Property is a source of contamination of the groundwater found in Municipal Well 4. EPA is the lead agency responsible for cleanup of the Site, and the New Jersey Department of Environmental Protection (``NJDEP'') serves as the support agency. In 1992, EPA issued a Record of Decision (``ROD'') selecting a remedy for the groundwater. In 2005, EPA issued a second ROD selecting the remedy for the contaminated soil and modifying the remedy for the deeper groundwater. Section 122(h) of CERCLA authorizes EPA to consider, compromise and settle certain claims incurred by the United States. NJDEP has also incurred certain costs at the Site. This is an ability to pay settlement. Under the terms of the Agreement, the Settling Party will pay the entire proceeds of an insurance claim in the amount of $672,397 to EPA and NJDEP and transfer title to the Property to EPA. The Settling Party will remit 85% of the insurance proceeds to EPA and 15% of the proceeds to NJDEP. In exchange, EPA will grant a covenant not to sue or take administrative action against the Settling Party for reimbursement of past or future response costs pursuant to Section 107(a) of CERCLA. EPA will consider any comments received during the comment period and may withdraw or withhold consent to the proposed settlement if comments disclose facts or considerations that indicate the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, Office of Regional Counsel, 290 Broadway17th Floor, New York, NY 10007-1866. Telephone: (212) 637- 3111.

This notice announces the availability and solicitation of comments on the EPA's revised human health risk assessment for the soil fumigant 1,3-Dichloropropene (1,3-D), which is commonly referred to as telone. In addition, this notice seeks public comment on the risk reduction options paper and EPA's benefits assessments for the soil fumigant group. The Agency is also seeking comments on the 1,3-D ecological risk assessment which, based on public comments in phase 3, was not revised. Although 1,3-D has undergone reregistration and a Reregistration Eligibility Decision was published in December 1998, EPA is concurrently assessing six soil fumigants to ensure that its risk assessment approaches are consistent, and to ensure that risk tradeoffs and economic outcomes can be adequately predicted in reaching risk management decisions for the five other soil fumigants. The Agency is seeking the same input from the public on these pesticides. EPA has developed a revised human health risk assessment for 1,3-D and is seeking comment through a public participation process in order to make available current and accurate information on this pesticide.

This notice announces the availability of EPA's revised risk assessments for the pesticide chloropicrin. In addition, this notice solicits public comment on risk reduction options paper for chloropicrin and a preliminary benefits assessment. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for chloropicrin through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. EPA is also concurrently assessing the risks of five other soil fumigant pesticides to ensure that its assessment approaches are consistent and to ensure that risk tradeoffs and economic outcomes can be adequately predicted in reaching management decisions. The Agency is seeking the same input for the other soil fumigants on a similar schedule. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide lime-sulfur (inorganic polysulfides also called calcium polysulfide), and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide lime-sulfur (inorganic polysulfides) through a modified, streamlined version of the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces the availability and seeks comments on EPA's revised human health risk assessment for the pesticide fumigant dazomet. In addition, this notice solicits public comment on the risk reduction options paper for dazomet and EPA's benefits assessments for the soil fumigants. The Agency is also seeking comments on the ecological risk assessment. The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for dazomet through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. EPA also is concurrently assessing the risks of five other soil fumigant pesticides to ensure that its assessment approaches are consistent, and to ensure that risk tradeoffs and economic outcomes can be adequately predicted in reaching risk management decisions. The Agency is seeking the same input from the public on these pesticides on a similar schedule. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide chlorflurenol. The Agency's risk assessments and other related documents also are available in the chlorflurenol docket. Chlorflurenol is an herbicide and a plant growth regulator registered for use in agricultural, commercial, and residential settings. Chlorflurenol has no food/feed uses and, therefore, has no tolerances associated with its use. EPA has reviewed chlorflurenol through the public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This final rule amends the regulation for Superfund Cooperative Agreements and Superfund State Contracts. The revisions to the regulation: Incorporate EPA policy changes since 1990 that impact this regulation; reduce the burden placed by this regulation on Cooperative Agreement recipients and parties to Superfund State Contracts; increase reliance on the Federal Government's uniform administrative requirements for grants and Cooperative Agreements to State and local governments, wherever possible; authorize procedures that required deviations, on multiple occasions, under the existing regulation; expressly authorize previous program initiatives that were proven successful on a pilot basis; provide additional regulatory flexibility without negatively impacting cost recovery actions; update cross-references to other regulations that have changed or been removed; and eliminate references to obsolete forms. The revisions affect States, Indian Tribes, intertribal consortia, and political subdivisions. The revisions will improve the administration and effectiveness of Superfund Cooperative Agreements and Superfund State Contracts.

EPA is proposing to approve an assortment of rules, submitted by Ohio on May 16, 2006, setting limits on sulfur dioxide (SO2) emissions. Most significantly, EPA is proposing to approve rules for Franklin, Stark and Summit Counties and for one source in Sandusky County that are currently regulated under limits that EPA promulgated in 1976 as a Federal Implementation Plan (FIP). If finalized, this action would provide that the entire FIP for SO2 in Ohio would be superseded by approved State limits. Consequently, EPA is proposing to rescind the entire FIP. EPA is also proposing to approve several substantive rule revisions and to approve numerous Ohio rules that update various company names and unit identifications. Finally, since this rulemaking resolves the issues which led a court to remand the designation for a portion of Summit County to EPA for reconsideration, EPA is proposing to promulgate a designation of attainment for the presently undesignated portion of this county.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of one meeting of the Board of Scientific Counselors (BOSC) Executive Committee.

This final rule finalizes proposed changes made to the definition of ``major emitting facility'' in the Prevention of Significant Deterioration (PSD), Nonattainment New Source Review (NSR) and Title V regulations. Two of the regulatory changes proposed addressed the major source threshold for PSD sources. The remaining proposed regulatory changes finalized in this action address when fugitive emissions are counted for purposes of determining whether a source is a major source under the PSD, nonattainment NSR or Title V programs. The proposal solicited comment on whether wet and dry corn milling facilities that produce ethanol for fuel should continue to be considered a part of the chemical process plants source category, and whether other types of facilities that produce ethanol fuel should be considered for exclusion from the definition of chemical process plants. Based on comments received and evaluated, we have included additional changes to this final rule that exclude other facilities that produce ethanol by natural fermentation and are classified in North American Industry Classification System (NAICS) code 325193 or 312140 from the definition of ``chemical process plants.''