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

The EPA is announcing that a workshop entitled ``Workshop to Discuss Policy-Relevant Science to Inform EPA's Integrated Plan for the Review of the Secondary Particulate Matter (PM) National Ambient Air Quality Standards (NAAQS)'' is being organized by EPA's National Center for Environmental Assessment (NCEA), Office of Research and Development and EPA's Office of Air Quality Planning and Standards (OAQPS), Office of Air and Radiation. The workshop will be held on July 16, 2007 in Chapel Hill, North Carolina and will be open to attendance by interested public observers on a first-come, first-served basis up to the limits of available space.

The EPA is announcing that a workshop entitled ``Workshop to Discuss Policy-Relevant Science to Inform EPA's Integrated Plan for the Review of the Primary Particulate Matter National Ambient Air Quality Standards'' is being organized by EPA's National Center for Environmental Assessment (NCEA), Office of Research and Development and EPA's Office of Air Quality Planning and Standards (OAQPS), Office of Air and Radiation. The workshop will be held on July 11 through 13, 2007 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.

This notice announces the availability of EPA's risk assessments, and related documents for the pesticide mefluidide, and opens a public comment period on these documents. 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 mefluidide through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. This is Phase 3 of the process. Through this program, EPA is ensuring that all pesticides meet current health and safety standards.

This regulation establishes a regional tolerance for residues of lactofen in or on vegetables, fruiting, group 08, and okra. Interregional Research Group Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances for combined residues of imidacloprid and its metabolites containing the 6-chloropyridinyl moiety, all expressed as the parent, in or on peanut, peanut hay and peanut meal; pearl millet grain, forage, hay and straw; proso millet grain, forage, hay and straw; kava roots and leaves; raspberry, wild; soybean forage and hay; and aspirated grain fractions. It also amends existing tolerances for combined residues of imidacloprid and its metabolites containing the 6-chloropyridinyl moiety in or on caneberry subgroup 13-A and soybean seed. Bayer CropScience LLC and Interregional Research Project No. 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also corrects a typographical error in the commodity term for the existing tolerance on the herbs subgroup, fresh herbs.

EPA has granted experimental use permits (EUPs) to the following pesticide applicants. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit.

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

EPA is clarifying its approval of revisions to the North Carolina State Implementation Plan (SIP), published in the Federal Register on March 24, 2006. Specifically, EPA is clarifying that its March 24, 2006, approval of the North Carolina carbon monoxide (CO) second 10-year maintenance plan for the Charlotte, Raleigh-Durham, and Winston-Salem areas included final approval of the movement of the oxygenated fuel program from the North Carolina Raleigh-Durham CO maintenance plan to the contingency plan.

The Environmental Protection Agency Region IX is proposing to approve a modification to California's municipal solid waste landfill (MSWLF) permit program to allow the State to issue research, development, and demonstration (RD&D) permits for new and existing MSWLF units and lateral expansions. The modification will allow the Director of the approved state program to provide a variance from certain MSWLF criteria, provided that the MSWLF owner/operator demonstrates that compliance with the RD&D permit will not increase risk to human heath and the environment. The Director may provide a variance from existing requirements of MSWLF criteria for run-on control systems, liquids restrictions, and final cover. EPA is seeking public comment on its tentative determination of adequacy of California's RD&D modification to its MSWLF permit program.

Notice is hereby given that the State of Connecticut has fulfilled the enforceable commitments it made to EPA to complete a mid- course review (MCR) assessing whether two one-hour ozone nonattainment areas are, or are not, making sufficient progress toward attainment of the one-hour ozone standard under the Clean Air Act (CAA). The two areas are the Connecticut portion of the New York-Northern New Jersey- Long Island 1-hour ozone nonattainment area, and the Greater Connecticut 1-hour ozone nonattainment area. EPA has reviewed the MCR documents submitted by Connecticut and has determined that Connecticut has met the commitment to perform these MCRs. EPA has sent a letter to Connecticut finding that their MCRs fulfill the commitment made by Connecticut in their 1-hour ozone attainment demonstrations.

EPA is proposing to approve revisions to the Washoe County District Health Department (WCDHD) portion of the Nevada State Implementation Plan (SIP). These revisions concern opacity, emissions of carbon monoxide (CO) and particulate matter (PM) from wood stoves and fireplaces, and air emergency episode plans. We are proposing approval of local rules that help regulate emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

On July 10, 2006, EPA proposed partial approval of revisions to Indiana's prevention of significant deterioration (PSD) and nonattainment new source review (NSR) construction permit programs. EPA received comments on this proposal on August 9, 2006. An adverse comment regarding the inclusion of hazardous air pollutants (HAPs) in Indiana's PSD rules was received. Subsequently, on January 17, 2007, the Indiana Department of Environmental Management (IDEM) requested the withdrawal of the portion of this submittal pertaining to HAPs. EPA is partially approving the portions of the Indiana rule that were proposed for approval on July 10, 2006 and were not withdrawn on January 17, 2007. As noted in the July 10, 2006, notice, we are not taking action on the Clean Unit and Pollution Control Project (PCP) portions of the Indiana rule.

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 is scheduled to expire on 11/30/2007. 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.

The Regional Administrator of the Environmental Protection AgencyNew England Region, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the state waters of Branford, East Haven, New Haven, West Haven, Orange, Milford, Stratford, Bridgeport, Fairfield, Westport, Norwalk, Darien, Stamford, and Greenwich. The area also includes the Housatonic River from the Derby Dam and the Quinnipiac River from the southern border of North Haven.

EPA is announcing that the Oak Ridge Institute of Science and Education (ORISE), under an Interagency agreement between the Department of Energy and EPA, will convene an independent panel of experts and organize and conduct an external peer-review workshop to review the external review draft document titled, ``Toxicological Review of Bromobenzene: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (NCEA-C-1497). The EPA also is announcing a public comment period for the draft document. EPA intends to consider comments and recommendations from the public and the expert panel meeting when EPA finalizes the draft document. The public comment period and the external peer-review workshop are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments submitted in accordance with this notice to ORISE for consideration by the external peer-review panel prior to the workshop. EPA is releasing this draft document solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. ORISE invites the public to register to attend this workshop as observers. In addition, ORISE invites the public to give brief oral comments at the workshop regarding the draft document under review. The draft document and EPA's peer-review charge are available via the Internet on NCEA's home page under the Recent Additions and the Data and Publications menus at https://www.epa.gov/ncea. When finalizing the draft document, EPA intends to consider ORISE's report of the comments and recommendations from the external peer-review workshop and any public comments that EPA receives in accordance with this notice.

EPA is amending the new source performance standards (NSPS) for electric utility steam generating units and industrial-commercial- institutional steam generating units. These amendments to the regulations are to add compliance alternatives for owners and operators of certain affected sources, revise certain recordkeeping and reporting requirements, correct technical and editorial errors, and update the grammatical style of the four subparts to be more consistent across all of the subparts.

This notice announces the availability of EPA's risk assessments, and related documents for the pesticide 2-octyl-3 (2H)- isothiazolone (also known as octhilinone), and opens a public comment period on these documents. 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 octhilinone through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards.

With a letter signed September 25, 2006, the State of Colorado submitted revised maintenance plans for carbon monoxide for Denver and Longmont, Colorado, and a revised maintenance plan for PM10 for Denver, Colorado (the ``maintenance plans''). In this document, EPA is notifying the public that we have found adequate for transportation conformity purposes the following motor vehicle emissions budgets from the maintenance plans: The 2021 carbon monoxide motor vehicle emissions budget from the Denver carbon monoxide maintenance plan, the 2020 carbon monoxide motor vehicle emissions budget from the Longmont carbon monoxide maintenance plan, and the 2022 PM10 and NOX motor vehicle emissions budgets from the Denver PM10 maintenance plan. 40 CFR 93.118(e)(2) requires that EPA declare an implementation plan submission's motor vehicle emissions budgets adequate for conformity purposes prior to the budgets being used to satisfy the conformity requirements of 40 CFR part 93. As a result of our finding, the Denver Regional Council of Governments as the Metropolitan Planning Organization, the Colorado Department of Transportation and the U.S. Department of Transportation are required to use the motor vehicle emissions budgets identified above for future transportation conformity determinations.

EPA is proposing to revoke certain tolerances for the insecticides amitraz and lindane; the herbicides atrazine, propachlor, and simazine; the plant growth regulator ethephon; and the fungicide ferbam. Also, EPA is proposing to modify certain tolerances for the herbicide atrazine, propachlor, and simazine; the insecticide amitraz; the plant growth regulator ethephon; and the fungicide ferbam. In addition, EPA is proposing to establish new tolerances for the herbicide atrazine; the plant growth regulator ethephon. The regulatory actions proposed in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q).

EPA is finalizing the rescission of the Federal implementation plan promulgated under the Clean Air Act for the regulation of fugitive sulfur oxides emissions from a copper smelter that had operated in the State of Nevada but that is no longer in existence. This rescission was proposed in the Federal Register on August 28, 2006. The intended effect is to rescind unnecessary provisions from the applicable plan.

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: ``Lead-Based Paint Pre-Renovation Information Dissemination Toxic Substances Control Act (TSCA) Section 406(b)'' and identified by EPA ICR No. 1669.05 and OMB Control No. 2070-0158, is scheduled to expire on February 29, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide antimycin A and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the antimycin A docket. Antimycin A is a restricted use pesticide applied directly to water - primarily by Federal and state agencies - to eliminate invasive or unwanted fish species. EPA has reviewed antimycin A through 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.

The EPA is amending its regulations to eliminate the pollution control project (PCP) and clean unit (CU) provisions included in its December 31, 2002 rulemaking entitled ``Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Baseline Emissions Determination, Actual-to-future-actual Methodology, Plantwide Applicability Limitations, Clean Units, Pollution Control Projects.'' This final rule conforms the regulations to the decision by the U.S. Court of Appeals for the D.C. Circuit, New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005), vacating the PCP and CU provisions. This action is exempt from notice-and-comment rulemaking because it is ministerial in nature.