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

This rule extends certain compliance dates in the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards (ELGs) for concentrated animal feeding operations (CAFOs) while EPA works to complete rulemaking to respond to the decision of the U.S. Court of Appeals for the Second Circuit in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005). The sole purpose of this rule is to address timing issues associated with the Agency's response to the Waterkeeper decision. This final rule revises the dates established in the 2003 CAFO rule and later modified by a rule published in the Federal Register on February 10, 2006, by which facilities newly defined as CAFOs are required to seek permit coverage and by which all permitted CAFOs are required to develop and implement their nutrient management plans (NMPs). EPA is extending the date by which operations defined as CAFOs as of April 14, 2003, that were not defined as CAFOs prior to that date, must seek NPDES permit coverage, from July 31, 2007, to February 27, 2009. EPA is also amending the date by which operations that become defined as CAFOs after April 14, 2003, due to operational changes that would not have made them a CAFO prior to April 14, 2003, and that are not new sources, must seek NPDES permit coverage, from July 31, 2007, to February 27, 2009. Finally, EPA is extending the deadline by which permitted CAFOs are required to develop and implement NMPs, from July 31, 2007, to February 27, 2009.

EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Tennessee on February 23, 2006, and May 31, 2006. The proposed revisions modify Tennessee's and Nashville/ Davidson County's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) regulations in the SIP to address changes to the federal NSR regulations, which were promulgated by EPA on December 31, 2002 (67 FR 80186) and reconsidered with minor changes on November 7, 2003 (68 FR 63021) (collectively, these two final actions are called the ``2002 NSR Reform Rules''). EPA's 2002 NSR Reform Rules, proposed for inclusion in the Tennessee SIP and the Nashville/Davidson County portion of the Tennessee SIP, contain provisions for baseline emissions calculations, an actual-to-projected- actual methodology for calculating emissions changes, options for plant-wide applicability limits, and recordkeeping and reporting requirements.

The United States Environmental Protection Agency's Environmental Financial Advisory Board (EFAB) will hold an open meeting. 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. A meeting of the full board will be held to discuss progress with work products under EFAB's current strategic action agenda and develop an action agenda to direct the board's ongoing and new activities through FY 2008. Topics of discussion include financial assurance mechanisms; environmental management systems; non-point source (watershed) financing; water infrastructure financing; leveraging the state revolving funds; and smartway transportation partnerships. The meeting is open to the public, however, seating is limited. All members of the public who wish to attend the meeting must register in advance, no later than Monday, August 6, 2007.

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 January 31, 2008. 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.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Mobile Sources Technical Review Subcommittee (MSTRS) will meet in September 2007. the MSTRS is a subcommittee under the Clean Air Act Advisory Committee. This is an open meeting. The meeting will include discussion of current topics and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. The preliminary agenda for the meeting, as well as the minutes from the previous (March 28, 2007) meeting and any notices about change in venue will be posted on the Subcommittee's Web site: https://www.epa.gov/air/caaac/mobilesources.html. MSTRS listserver subscribers will receive notification when the agenda is available on the Subcommittee Web site. To subscribe to the MSTRS listserver, send a blank email to lists-mstrs@lists.epa.gov.

EPA is proposing to approve a revision to the Louisiana State Implementation Plan (SIP) submitted on September 22, 2006, enacted at Louisiana Administrative Code, Title 33, Part III, Chapter 5, Section 506(C) (LAC 33:III.506(C)). This revision addresses the requirements of EPA's Clean Air Interstate Rule (CAIR) Sulfur Dioxide (SO2) Trading Program, promulgated on May 12, 2005 and subsequently revised on April 28, 2006. EPA is proposing to determine that the SIP revision fully implements the CAIR SO2 requirements for Louisiana. Therefore, as a consequence of the SIP approval, EPA will also withdraw the CAIR Federal Implementation Plan (CAIR FIP) concerning SO2 emissions for Louisiana. 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 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, Louisiana would meet CAIR SO2 requirements by participating in the EPA-administered cap-and-trade program addressing SO2 emissions. The intended effect of this action is to reduce SO2 emissions from the State of Louisiana that are contributing to nonattainment of the PM2.5 National Ambient Air Quality Standard (NAAQS or standard) in downwind states. This action is being taken under section 110 of the Federal Clean Air Act (the Act or CAA).

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.

This notice announces the opening of the application period for the U.S. EPA's second annual Water Efficiency Leader Awards. The awards recognize those organizations and individuals who are providing leadership and innovation in water efficient products and practices. These awards are intended to help foster a nationwide ethic of water efficiency, as well as to inspire, motivate, and recognize efforts to improve water efficiency. This program will enable EPA to document ``best practices'', share information, encourage an ethic of water efficiency, and create a network of water efficiency leaders. Recognition will be given on the basis of persuasive community or organizational leadership in the area of water efficiency, originality and innovativeness, national/global perspective and implications, and overall improvements in water efficiency. Actual (as opposed to anticipated) results are preferred and applicants should be able to demonstrate the amount of water saved. Candidates may be from anywhere in the United States, they may work in either the public or the private sector, and they may be either self-nominated or nominated by a third party. The following sectors are encouraged to apply: Corporations, Industry, Individuals, Non-Governmental Organizations and other Associations, Institutions, and Teams, Local, State, Tribal, and Federal Governments, and Military Individuals and Organizations. In order to be considered, applicants must have a satisfactory compliance record with respect to environmental regulations and requirements. Applications will be judged by a panel of national water efficiency experts from a variety of sectors. The panelists will provide recommendations to EPA, who will then make the final decision. EPA reserves the right to contact nominees for additional information should it be deemed necessary. To Apply: Send a one page description (single sided) of the water efficient project being nominated. Also send a completed and signed application form found at https://www.epa.gov/water/wel.

The United States Environmental Protection Agency (EPA) is proposing to enter into an amendment to an administrative settlement that resolved certain claims under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA) pursuant to Section 122(h) of CERCLA, 42 U.S.C 9622(h). In accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), this notice is being published to inform the public of the proposed amendment and of the opportunity to comment. The amendment will incorporate twenty-nine (29) additional Settling Parties into Settlement Agreement, CERCLA Docket No. 02-2004-2011, binding the new Settling Parties to the terms and conditions of the Settlement Agreement, which became effective on June 22, 2004. As a result of this amendment, and a previous amendment, effective on November 9, 2005, the total number of Settling Parties under the Settlement Agreement will be seventy-one (71). The new Settling Parties, and the previous Settling Parties, will be jointly and severally liable for the requirements of the Settlement Agreement, as amended, to pay up to $13,150,000 to fund EPA's performance of a remedial investigation and feasibility study (``RI/ FS'') for the Lower Passaic River Study Area of the Diamond Alkali Superfund Site. Of this amount, $10,750,000 has already been paid; the amendment will make available up to $2,400,000 in additional contingent funding for those aspects of the RI/FS that EPA is performing. The Settling Parties have also recently entered into an administrative order on consent with EPA under which they will take over performance of most aspects of the RI/FS. By entering into the amendment, the new Settling Parties will resolve their potential liability for Past Response Costs incurred in connection with the RI/FS (defined as those costs incurred through the effective date of the original Settlement Agreement, June 22, 2004, which total $2,829,802.62), as well as certain Future Response Costs incurred in connection with the RI/FS (those costs up to $13,150,000 that the Settling Parties have collectively committed to pay). For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region 2, 290 Broadway, 17th floor, New York, New York 10007-1866.

EPA is announcing that the comment period to the proposed rule entitled Expansion of RCRA Comparable Fuel Exclusion, published on June 15, 2007 (72 FR 33284), is being extended until September 14, 2007. In the proposed rule, EPA is expanding the comparable fuel exclusion under the rules implementing subtitle C of the Resource Conservation and Recovery Act (RCRA) for fuels that are produced from hazardous waste but which generate emissions that are comparable to emissions from burning fuel oil when such fuels are burned in an industrial boiler. We are requesting comments on a number of issues associated with this expansion of the Comparable Fuel Exclusion.

On May 30, 2006, the Indiana Department of Environmental Management (IDEM) submitted a request to EPA for approval of the redesignation of St. Joseph and Elkhart Counties to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) and of an ozone maintenance plan for St. Joseph and Elkhart Counties as revisions to the Indiana State Implementation Plan (SIP). On April 18, 2007, EPA proposed to approve this submission. Today, EPA is approving Indiana's request and corresponding SIP revision. In so doing, EPA is making a determination that St. Joseph and Elkhart Counties have attained the 8- hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. In addition, quality-assured monitoring data for 2006 show that the area continues to attain the standard. Finally, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the year 2020 that are contained in the 14-year 8-hour ozone maintenance plan for St. Joseph and Elkhart Counties.

On November 15, 2006, the Indiana Department of Environmental Management (IDEM) submitted a request to EPA for approval of the redesignation of the Indiana portion of the Louisville 8-hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment area (Clark and Floyd Counties) to attainment of the 8-hour ozone NAAQS and of an ozone maintenance plan for Clark and Floyd Counties as revisions to the Indiana State Implementation Plan (SIP). On May 8, 2007, EPA proposed to approve this submission and no adverse comments have been received. Today, EPA is approving Indiana's request and corresponding SIP revision. In so doing, EPA is making a determination that the Indiana portion of the Louisville 8-hour ozone NAAQS has attained the 8-hour ozone NAAQS. This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2003-2005 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. In addition, quality-assured monitoring data for 2006 show that the area continues to attain the standard. Finally, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the years 2003 and 2020.

EPA is approving revisions to the Minnesota State Implementation Plan (SIP) for sulfur dioxide (SO2) submitted on April 23, 2007. Specifically, the revisions involve Continental Nitrogen & Resource Corporation (Continental Nitrogen) of Dakota County, Minnesota. The emission limits for the Continental Nitrogen steam boilers have been removed. Continental Nitrogen has physically disconnected its three boilers. The boilers cannot operate, thus there are no emissions.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Citizens Against Ruining the Environment (``Plaintiff'') in the U.S. District Court for the Northern District of Illinois: Citizens Against Ruining the Environment v. Johnson, No. 06-6915 (N.D. IL). Plaintiff filed a deadline suit to compel the Administrator to respond to an administrative petition dated November 23, 2005 seeking EPA's objection to CAA Title V operating permits for two (2) electrical generating stations in the State of Illinois known as the Will County Generating Station and the Joliet Generating Station. Under the terms of the proposed consent decree, EPA has agreed to respond to the Plaintiff(s petition within five (5) business days after the entry of this decree, and the Plaintiff has agreed to dismiss the suit with prejudice. In addition, EPA has agreed to pay the Plaintiff a specified amount in settlement for attorneys' fees and litigation costs in this matter. EPA responded to the petition on June 14, 2007.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by American Lung Association of Metropolitan Chicago, Citizens Against Ruining the Environment, Environment Illinois, Environmental Law & Policy Center, Little Village Environmental Justice Organization, and the Sierra Club (collectively ``Plaintiffs'') in the U.S. District Court for the Northern District of Illinois: American Lung Association of Metropolitan Chicago, et al. v. Johnson, No. 06-6933 (N.D. IL). Plaintiffs filed a deadline suit to compel the Administrator to respond to an administrative petition dated November 25, 2005 seeking EPA's objection to CAA Title V operating permits for two (2) electrical generating stations in the State of Illinois known as the Fisk Generating Station and the Crawford Generating Station. Under the terms of the proposed consent decree, EPA has agreed to respond to the Plaintiffs' petition within five (5) business days after the entry of this decree, and the Plaintiffs have agreed to dismiss the suit with prejudice. In addition, EPA has agreed to pay the Plaintiffs a specified amount in settlement for attorneys' fees and litigation cost in this matter. EPA responded to the petition on June 14, 2007.

In compliance with the Paperwork Reduction Act (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 November 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.

Pursuant to section 505(b)(2) of the Clean Air Act (CAA) and 40 CFR 70.8(d), the EPA Administrator signed an order dated June 20, 2007, denying a petition to object to a state operating permit proposed to be issued by the Pennsylvania Department of Environmental Protection (PADEP) to Reliant Energy Mid-Atlantic Power Holdings, LLC for its Portland Generating Station in Northampton County, Pennsylvania. This order constitutes final action on the petition filed by the New Jersey Department of Environmental Protection (NJDEP), dated July 21, 2006, requesting that the Administrator object to the issuance of the proposed title V permit. Pursuant to section 505(b)(2) of the CAA, any person may seek judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307 of the CAA.

In this order, EPA denies objections to an order denying a petition requesting the modification or revocation of the pesticide tolerances for alachlor, chlorothalonil, and metribuzin, established under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA). The petition was filed on December 17, 2004, by the States of New York, California, Connecticut, and Massachusetts. The petitioners claimed that EPA had improperly removed an additional safety factor for the protection of infants and children from the risk assessments for these pesticide tolerances and that inclusion of this safety factor rendered the tolerances unsafe. EPA issued an order denying that petition, in part, on August 2, 2006. On October 2, 2006, New York, Connecticut, and Massachusetts filed objections to EPA's denial order.

This notice announces the availability of EPA's risk assessment, and related documents for the pesticide bromonitrostyrene (BNS), 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 BNS 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.

The Environmental Protection Agency (EPA or the Agency) is promulgating mandatory criteria for the environmentally protective use of chat in transportation projects carried out, in whole or in part, with Federal funds. Specifically, chat used in such transportation projects will be safe and environmentally protective if it is used in asphalt concrete, in slurry seals, microsurfacing, or in epoxy seals for anti-skid on bridge decking. Chat used in such transportation projects will also meet EPA's criteria if it is used in Portland cement concrete, flowable fill, stabilized base, chip seals, or as road base providing, on a case-by-case basis, either: Synthetic Precipitation Leaching Procedure (SPLP, EPA SW-846 Method 1312) tests are conducted on the proposed material and the leachate testing results show that concentrations in the leachate do not exceed the Drinking Water Standards for lead and cadmium and the fresh water chronic National Recommended Water Quality Criterion for zinc of 120 ug/l; or EPA (or a State environmental Agency, if it chooses to do so) has determined, based on a site-specific risk assessment and after notice and opportunity for public comment, that the releases from the chat mixture in its proposed use will not cause an exceedance of the National Primary Drinking Water Standards for lead and cadmium in potential drinking water sources and the fresh water chronic National Recommended Water Quality Criterion for zinc of 120 ug/l in surface water. Furthermore, this rule also establishes a criterion that other uses of chat will be safe and environmentally protective and are acceptable if they are part of, and otherwise authorized by, a State or Federal response action undertaken in accordance with Federal or State environmental laws, with consideration of a site-specific risk assessment. This rule does not require that chat be sized (dry or wet) prior to its use, as long as this rule's criteria are complied with. EPA is also establishing recommended criteria as guidance on the environmentally protective use of chat for non-transportation cement and concrete projects. Finally, the Agency is establishing certification and recordkeeping requirements for all chat, except that under the jurisdiction of the U.S. Department of Interior, Bureau of Indian Affairs (BIA). The chat covered by this rule is from the lead and zinc mining areas of Oklahoma, Kansas and Missouri, known as the Tri-State Mining District.

This document announces that the EPA Administrator has responded to four petitions asking EPA to object to six Clean Air Act (CAA) operating permits proposed by the Illinois Environmental Protection Agency (IEPA). Specifically, the Administrator denied the petitions submitted by the Illinois Attorney General, the Chicago Legal Clinic and the Environmental Law and Policy Center to object to the proposed operating permits for all six of the Midwest Generation, LCC stations. Pursuant to section 505(b)(2) of the CAA, a Petitioner may seek judicial review in the United States Court of Appeals for the appropriate circuit of those portions of the petitions which EPA denied. 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 CAA.

This action finalizes 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 the criteria for determining the completeness of plan submission requirements to reflect the changes to the public hearing and plan submission requirements. It also updates the addresses to several Regional offices.

This action proposes a national reactivity-based volatile organic compound (VOC) emissions regulation for the aerosol coatings (aerosol spray paints) category under section 183(e) of the Clean Air Act (CAA). The proposed standards implement section 183(e) of the CAA, as amended in 1990, which requires the Administrator to control VOC emissions from certain categories of consumer and commercial products for purposes of minimizing VOC emissions contributing to ozone formation and causing non-attainment. This regulation will establish a nationwide reactivity-based standard for aerosol coatings. States have promulgated rules for the aerosol coatings category based upon reductions of VOC by mass; however, the Agency believes that a national rule based upon the relative reactivity approach may achieve more reduction in ozone formation than can be achieved by a mass-based approach for this specific product category. EPA believes that this rule will better control a product's contribution to ozone formation by encouraging the use of less reactive VOC ingredients, rather than treating all VOC in a product alike through the traditional mass-based approach. We are also proposing to revise EPA's regulatory definition of VOC exempt compounds for purposes of this regulation in order to account for all the reactive compounds in aerosol coatings that contribute to ozone formation. Therefore, compounds that would not be VOC under the otherwise applicable definition will count towards a product's reactivity limits under this proposed regulation. The initial listing of product categories and schedule for regulation was published on March 23, 1995 (60 FR 15264). This proposed action announces EPA's final decision to list aerosol coatings for regulation under group III of the consumer and commercial product category for which regulations are mandated under section 183 (e) of the Act.

The purpose of this notice is to announce the approach EPA intends to take for conducting peer reviews of the Tier 1 screening assays and Tier 2 testing assays that are being validated by the Agency's Endocrine Disruptor Screening Program (EDSP), as well as EPA's approach for conducting the peer review of the Tier 1 battery. EPA is also announcing the availability of a listserver (Listserv) that will allow interested parties to sign up to receive e-mail notifications of EDSP peer review updates, including information on the availability of peer review materials to be posted on the EDSP website. These materials may include the documents to be peer reviewed, background documents, the charge to the peer reviewers, and reports that summarize the results of peer reviews.