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

Arkansas has applied to the EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. The EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments which oppose this authorization during the comment period, the decision to authorize Arkansas' changes to its hazardous waste program will take effect. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.

The Environmental Protection Agency's Environmental Laboratory Advisory Board (ELAB), as previously announced, will have teleconference meetings on August 15, 2007 at 1 p.m. ET; September 19, 2007 at 1 p.m. ET; October 17, 2007 at 1 p.m. ET; November 21, 2007 at 1 p.m. ET; and December 19, 2007 at 1 p.m. ET to discuss the ideas and views presented at the previous ELAB meetings, as well as new business. Items to be discussed by ELAB over these coming meetings include: (1) Expanding the number of laboratories seeking National Environmental Laboratory Accreditation Conference (NELAC) accreditation; (2) homeland security issues affecting the laboratory community; (3) ELAB support to the Agency's Forum on Environmental Measurements (FEM); (4) implementing the performance approach; and (5) follow-up on some of ELAB's past recommendations and issues. In addition to these teleconferences, ELAB will be hosting their next face-to-face meeting on August 22, 2007 at the Hyatt Regency Cambridge in Cambridge, MA at 10 a.m. (ET). An Open Forum for the public to bring issues forward to ELAB for their consideration to address as part of their work will be held on Tuesday, August 21, 2007 from 5:30 p.m.-6:30 p.m. at the Hyatt Regency Cambridge in Cambridge, MA. Written comments on laboratory accreditation issues and/or environmental monitoring issues are encouraged and should be sent to Ms. Lara P. Autry, DFO, U.S. EPA (E243-05), 109 T. W. Alexander Drive, Research Triangle Park, NC 27709, faxed to (919) 541-4261, or e-mailed to autry.lara@epa.gov. Members of the public are invited to listen to the teleconference calls, and time permitting, will be allowed to comment on issues discussed during this and previous ELAB meetings. Those persons interested in attending should call Lara P. Autry at (919) 541-5544 to obtain teleconference information. The number of lines for the teleconferences, however, are limited and will be distributed on a first come, first serve basis. Preference will be given to a group wishing to attend over a request from an individual. For information on access or services for individuals with disabilities, please contact Lara P. Autry at the number above. To request accommodation of a disability, please contact Lara P. Autry, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

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.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board Staff Office announces two public teleconferences and a meeting of the EPA SAB Integrated Nitrogen Committee.

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final notice of deletion of the Bailey Waste Disposal Superfund Site (Site), located near Bridge City, Texas, from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR Part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is not appropriate.

The Ohio Environmental Protection Agency (Ohio EPA) submitted a request on November 6, 2006, and supplemented it on November 29, 2006, December 4, 2006, December 13, 2006, January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 2007, for redesignation of the Dayton-Springfield, Ohio area (Clark, Greene, Miami, and Montgomery Counties) to attainment for the 8-hour ozone standard. On June 20, 2007, EPA proposed to approve this submission. EPA provided a 30-day review and comment period. The comment period closed on July 20, 2007. EPA received one comment in favor of redesignation from the Dayton area Regional Air Pollution Control Agency. Today, EPA is approving Ohio's request and the associated plan for continuing to attain the standard. As part of this action, EPA is making a determination that the Dayton- Springfield area has attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2004-2006 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. Preliminary 2007 air quality data show that the area continues to attain the 8-hour ozone standard. EPA is approving the maintenance plan for this area and is redesignating the area to attainment. Finally, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the years 2005 and 2018.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of establishing a variance for the International Paper, Franklin Paper Mill facility located in Franklin, Virginia. The variance provides regulatory relief from compliance with state regulations governing new source review for the implementation of the International Paper, Franklin Paper Mill innovation project. In lieu of compliance with these regulatory requirements, the variance requires the facility to comply with site-wide emission caps. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

EPA expressed environmental concerns about the potential impacts to water quality, aquatic resources and wildlife habitat from new road construction and impacts from existing roads need maintenance, and suggested that the final EIS include additional information on implementing proposed road closures.

EPA is announcing a 30-day public comment period for the draft document titled, ``Climate and Land Use Change Effects on Ecological Resources in Three Watersheds: A Synthesis Report'' (EPA/600/R-07/086). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. 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. EPA intends to consider any public comments submitted in accordance with this notice when revising the document.

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 which is abstracted below describes the nature of the collection and the estimated burden and cost.

Florida has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA is granting Final authorization to Florida. EPA is authorizing the changes by this immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble of this immediate final rule. Unless we get written comments which oppose this authorization during the comment period, this immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw this immediate final rule and it will not take effect. We will respond to public comments in a later final rule based on this immediate final rule. You may not have another opportunity for comment.

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a change of the date for the Gulf of Mexico Program (GMP) Management Committee Meeting (MC) published in the Federal Register on July 30, 2007 (72 FR 41506). For information on access or services for individuals with disabilities, please contact Gloria Car, U.S.EPA, at (228) 688-2421 or car.gloria@epa.gov. To request accommodation of a disability, please contact Gloria Car, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

The Ohio Environmental Protection Agency (Ohio EPA) submitted a request on December 22, 2006, and supplemented it on March 9, 2007, for redesignation of the Toledo, Ohio area (Lucas and Wood Counties) to attainment for the 8-hour ozone standard. The submission also includes a maintenance plan that provides for continued attainment through 2018. On June 12, 2007, EPA proposed to approve this submission. EPA provided a 30-day review and comment period. One comment, from BP Products, North America Inc., was received supporting EPA's proposal. Today, EPA is approving Ohio's request and corresponding State Implementation Plan (SIP) revision. In so doing, EPA is making a determination that the Toledo, Ohio area has attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based on three years of complete, quality-assured ambient air quality monitoring data for the 2004-2006 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. Preliminary 2007 air quality data show that the area continues to attain the 8-hour ozone standard. EPA is approving the maintenance plan for this area and is redesignating the area to attainment. Finally, EPA is approving, for purposes of transportation conformity, the motor vehicle emission budgets (MVEBs) for the years 2009 and 2018.

EPA Region 4 is issuing a notice of intent to delete the Rochester Property Superfund Site (Site) located in Travelers Rest, South Carolina, from the National Priorities List (NPL) and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SCDHEC), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. In the Final Rules section of this Federal Register, the EPA is approving the direct final notice of deletion of the Rochester Property Superfund Site without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final notice. If no significant, material, and adverse comments are received in response to this notice, no further activity is contemplated. If EPA receives adverse comments, the direct final notice will be withdrawn and all public comments received will be addressed in a subsequent final notice based on this proposed notice. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Missouri for the purpose of including the Kansas City 8-hour ozone maintenance plan into the SIP. Section 110(a)(1) of the Clean Air Act requires that areas which were maintenance areas for the 1-hour ozone standard and attainment for the 8-hour ozone standard develop a plan showing how the state will maintain the ozone standard for the area. The maintenance plan includes an emissions inventory demonstration, a plan for how the states will track progress on reducing emissions, a commitment to continue ozone monitoring, and a contingency plan that will ensure that a violation of the 8-hour ozone standard is promptly addressed.

The EPA is approving a revision to the Kansas State Implementation Plan (SIP) prepared by Kansas to maintain the 8-hour national ambient air quality standard (NAAQS) for ozone in the Kansas portion of the Kansas City area. The Kansas City area is designated attainment for the ozone NAAQS. This revision is required by the Clean Air Act. A similar final rulemaking pertaining to the Missouri portion of the Kansas City maintenance area is being done in conjunction with this rulemaking. The effect of this approval is to ensure Federal enforceability of the state air program plan and to maintain consistency between the state-adopted plan and the approved SIP.

This notice announces the initial filing of pesticide petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

EPA is proposing to revoke certain tolerances for the herbicide metolachlor, and the insecticides acephate, chlorpyrifos, and pyrethrins. Also, EPA is proposing to modify certain tolerances for the herbicide metolachlor, and the insecticides acephate, chlorpyrifos, and pyrethrins. In addition, EPA is proposing to establish new tolerances for the herbicides metolachlor, MCPA, and triallate, and the insecticides chlorpyrifos, fenbutatin-oxide (hexakis), and pyrethrins. 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).

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide case benzoic acid and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the benzoic acid Docket. The Benzoic acid case contains four benzyl derivative compounds of which benzyl benzoate has active registrations. Benzyl benzoate is an insecticide/miticide used to control dust mites in carpets, mattresses, upholstery, and on furniture, as well as for control of mites on dogs. EPA has reviewed benzoic acid 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.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to amend their registrations to terminate certain uses of products containing the pesticide azinphos- methyl (AZM) and to cancel their registrations by September 30, 2012. The requests would terminate AZM use on Brussels sprouts and nursery stock not sooner than the later of September 30, 2007 or 90 days from the date EPA approves draft labeling submitted by the registrants; terminate AZM use on walnuts, almonds, and pistachios by October 30, 2009; and cancel all AZM products by September 30, 2012. The cancellation requests would serve to terminate the five uses of AZM (apples, pears, cherries, blueberries and parsley) remaining in 2012. The registrants have conditioned these requests on EPA making certain determinations regarding AZM, including a determination, by not later than November 11, 2011, regarding the availability of AZM alternatives. EPA intends to grant these requests 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 requests. Any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order acting upon these requests.

This notice announces EPA's proposed determination to terminate the Special Review of oxydemeton-methyl (ODM). On October 5, 1987, in the Federal Register, EPA initiated a Special Review of ODM because of its potential to adversely affect reproduction of workers who mix, load, and apply products containing ODM. Since the initiation of the Special Review, additional data and more comprehensive reviews of potential risks associated with ODM exposure have been completed, including those described in the 2002 Interim Reregistration Eligibility Decision (IRED) for ODM. During the reregistration process EPA conducted a public, intensive review of ODM risks. In the 2002 IRED and subsequent label amendments, the Agency addressed the occupational risk concerns, including risks associated with potential reproductive effects. There continues to be evidence of reproductive effects; however, there is no evidence that these effects inhibit the ability of organisms to reproduce. Similarly, further data and analysis have addressed the concern for heritable effects. With the label amendments that have been made since the initiation of Special Review, ODM exposure is expected to be below the levels where any reproductive effects occur. Because the risks that were the basis of the Special Review are no longer of concern, the Agency is proposing to terminate the Special Review of ODM.

This notice announces the Agency's intention not to initiate a Special Review of Ethyl Parathion and its proposal to terminate the Special Review of Tributyltin (TBT) used in antifouling paints. The Agency is proposing these actions because all pesticide registrations of ethyl parathion and all TBT antifouling paints are canceled.

This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to System Research and Applications Corporation, in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). System Research and Applications Corporation, has been awarded a contract to perform work for OPP, and access to this information will enable System Research and Applications Corporation, to fulfill the obligations of the contract.

Notice of Availability for a 90 Day Review and Comment Period is Hereby Given for the Draft Federal Geographic Data Committee's Wetland Mapping Standard. This document provides Federal, State, Tribal and local wetland managers and others with information on what data to collect when mapping wetlands that will be uploaded to the National Wetland Inventory (NWI) and incorporated as part of the wetlands layer of the National Spatial Data Infrastructure (NSDI) in the USGS National Map. The intent of this standard is to support a consistent/seamless transition from traditional paper-based map products to technology- based mapping products and serve as the national standard for mapping wetland inventories for building the wetlands layer of the NSDI. Although, this standard will not change the National Wetlands Inventory Data produced prior to its implementation, this standard specifies a core set of data quality components necessary to add to the National Wetlands Inventory in a way that is consistent and supports multiple uses of the data, while meeting the requirements of the National Spatial Data Infrastructure. This standard is based largely on the existing draft standard used by U.S. Fish and Wildlife Service in support of the NWI. The intent of the standard is to support current and future digital wetland mapping activities. The standard will provide specification of minimum data quality components for wetland mapping activities for inclusion into the NSDI that are funded or conducted by the Federal government. The National Wetlands Inventory digital wetland data serve as the foundation for the wetlands data layer of the NSDI. The standard balances the burden on the end-user community with the need for consistency and documented quality of digital mapping products. Additionally, this standard is created to coordinate wetland mapping with the National Hydrography Dataset, a national geospatial framework recognized by the Federal Geographic Data Committee (FGDC). Although this standard is structured to be extensible over time, the standard is deliberately developed with a forward- looking perspective to accommodate technology and map scale enhancements, assure its long-term usability, and minimize the need for revisions and updates over time. This standard is intended for use by all Federal or federally- funded wetlands mapping projects including those activities conducted by Federal agencies, states, and federally recognized tribal entities, non-governmental organizations, universities, and others. Specifically, if Federal funding is used in support of wetlands inventory mapping activities, then use of this standard is mandatory. The adoption of the standard for all other wetlands inventory mapping efforts (non- federally funded) is strongly encouraged to maintain and expand the wetlands layer of the NSDI. The FGDC Wetlands Subcommittee is soliciting information, data, and views on issues of science pertaining to the information contained in this draft FGDC data standard.