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

Environmental Impacts Statements; Notice of Availability
Document Number: E7-17336
Type: Notice
Date: 2007-08-31
Agency: Environmental Protection Agency
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E7-17334
Type: Notice
Date: 2007-08-31
Agency: Environmental Protection Agency
EPA expressed environmental concerns about cumulative impacts, conservation, water use efficiency, and the long-term availability of the water supply, and recommends continued collaboration through a regional groundwater framework to ensure efficient long-term sustainable use of the deep carbonate-rock aquifer. Rating EC2.
Notice of Intent: Intent To Prepare a Supplemental Environmental Impact Statement (EIS) for the Red Dog Mine Extension-Aqqaluk Project in Northwestern Alaska
Document Number: E7-17306
Type: Notice
Date: 2007-08-31
Agency: Environmental Protection Agency
The Red Dog Mine is an operating mine located in northwestern Alaska, approximately 82 miles north of Kotzebue. The mine is operated by Teck Cominco Alaska Incorporated (TCAK) under an Operating Agreement with the NANA Regional Corporation, the landowner. The Red Dog Mine includes an open pit lead-zinc mine, mill, tailings impoundment, waste rock storage areas, and support facilities. Lead and zinc concentrates are trucked 52 miles from the mine site to the DeLong Mountain Regional Transportation System port facility located on the Chukchi Sea. Nineteen miles of the road passes through Cape Krusenstern National Monument. The mine has been operating since 1989. TCAK has proposed to begin mining, by 2010, the Aqqaluk deposit which is an extension of the existing mine. TCAK proposes to use the existing mill, tailings impoundment, support facilities, road, and port site. The Aqqaluk deposit would extend the life of the Red Dog Mine to approximately 2031. The Red Dog Mine project was evaluated in a previous EIS that was issued in 1984. Permits by the applicable state and federal regulatory programs were issued and the mine proceeded to development and operations. The 1984 EIS did not evaluate impacts from mining the Aqqaluk deposit, therefore EPA determined that a supplemental EIS will be prepared for the Aqqaluk proposal. In addition the supplemental EIS will discuss whether significant impacts or changes occurred that were not anticipated in the 1984 EIS. The administrative actions that the supplemental EIS must address include modifying an existing EPA Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) new source permit for the mine site and issuing a U.S. Army Corps of Engineers CWA Section 404 permit. The U.S. Army Corps of Engineers, the National Park Service, the State of Alaska Department of Natural Resources, the Northwest Arctic Borough, and nine tribal governments (Buckland, Kiana, Kivalina, Kobuk, Kotzebue, Noatak, Noorvik, Selawik, Shungnak) are participating as cooperating agencies in the NEPA process. The Maniilaq Association, a tribal consortium that provides health, social, and tribal services to the region, will represent the nine tribal governments throughout the NEPA process. Alternatives: The supplemental EIS will evaluate the ``no action'' alternative. Additional alternatives will be developed in response to issues raised during the scoping process. For example, there may be waste rock and tailings disposal alternatives, water management alternatives, and/or mine closure alternatives that will be evaluated. Scoping: The public scoping period begins with the publication of this Notice and concludes October 15, 2007. EPA invites Federal agencies, Native Tribes, State and local governments, and members of the public to comment on the scope of the supplemental EIS. Scoping meetings for the purpose of identifying issues to be evaluated in the supplemental EIS will be held in Anchorage on October 2, in Kotzebue on October 3, in Noatak on October 4, and in Kivalina on October 5. The exact locations and times of the meetings will be announced in local papers. The public is invited to attend and identify issues that should be addressed in the SEIS. A scoping document that explains in greater detail the project and alternatives identified at this time will be sent to known interested parties. The public can obtain a copy of the scoping document at the project Web site, www.reddogseis.com, or by contacting Patty McGrath at the phone number, e-mail address, and mailing address listed above in this notice. How to Comment: EPA invites public comment on the proposed scope of this supplemental EIS. Comments may be submitted by mail, electronic mail, or fax, to Patty McGrath at the contact information above, by close of business October 15, 2007. Estimated Date of EIS Release: Summer 2008. Responsible Official: Elin D. Miller, Regional Administrator.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; State Implementation Plan Revision To Implement the Clean Air Interstate Rule
Document Number: E7-17196
Type: Proposed Rule
Date: 2007-08-31
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the Connecticut State Implementation Plan (SIP) submitted on April 26, 2007. 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 Connecticut. Therefore, as a consequence of the SIP approval, EPA will also withdraw the CAIR Federal Implementation Plan (CAIR FIP) concerning NOX ozone-season emissions for Connecticut. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006 and subsequently revised on December 13, 2006.
Draft Integrated Science Assessment for Oxides of Nitrogen-Health Criteria
Document Number: E7-17198
Type: Notice
Date: 2007-08-30
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is announcing the public comment period for the draft document titled, ``Integrated Science Assessment for Oxides of NitrogenHealth Criteria; First External Review Draft'' (EPA/600/R-07/099). The draft document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development as part of the Agency's review of the air quality criteria for oxides of nitrogen and the primary (health-based) national ambient air quality standards (NAAQS) for nitrogen dioxide (NO2). EPA is releasing this draft document solely for the purpose of seeking comment from the public and the Clean Air Scientific Advisory Committee (CASAC). It does not represent and should not be construed to represent any Agency policy, viewpoint, or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document.
Science Advisory Board Staff Office; Notification of a Meeting of the Science Advisory Board
Document Number: E7-17197
Type: Notice
Date: 2007-08-30
Agency: Environmental Protection Agency
The EPA Science Advisory Board (SAB) Staff Office announces a public face-to-face meeting of the chartered SAB to: (1) Discuss strategic research directions for the U.S. Environmental Protection Agency; (2) complete its discussions of science use in disaster response programs; (3) conduct a quality review of the draft SAB report Advisory on Factors Influencing Hypoxia in the Gulf of Mexico; and (4) conduct a quality review of the draft SAB report Review of EPA's Draft Evaluation of the Carcinogenicity of Ethylene Oxide: A Report of the U.S. EPA Science Advisory Board.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Establishment of Interim Progress for the Annual Fine Particle National Ambient Air Quality Standard
Document Number: E7-17004
Type: Rule
Date: 2007-08-30
Agency: Environmental Protection Agency
The EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision establishes early fine particulate (PM2.5) transportation conformity emission budgets for the Connecticut portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area. This action is being taken under the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Establishment of Interim Progress for the Fine Particle National Ambient Air Quality Standard
Document Number: E7-17002
Type: Proposed Rule
Date: 2007-08-30
Agency: Environmental Protection Agency
The EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Connecticut. This revision proposes to establish early fine particulate (PM2.5) transportation conformity emission budgets for the Connecticut portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5 nonattainment area. This action is being taken under the Clean Air Act.
Notice of Data Availability on the Disposal of Coal Combustion Wastes in Landfills and Surface Impoundments
Document Number: E7-17138
Type: Notice
Date: 2007-08-29
Agency: Environmental Protection Agency
This notice announces the availability of new information and data contained in three documents that the Agency is requesting public comments on concerning the management of coal combustion wastes (CCW) in landfills and surface impoundments. The Agency is seeking public comments on how, if at all, this additional information should affect the Agency's decisions as it continues to follow-up on its Regulatory Determination for CCW disposed of in landfills and surface impoundments. The three documents that the Agency is requesting comment on include: a joint U.S. Department of Energy (DOE) and EPA report entitled, Coal Combustion Waste Management at Landfills and Surface Impoundments, 1994-2004; a draft risk assessment conducted by EPA on the management of CCW in landfills and surface impoundments; and EPA's damage case assessment. The Agency solicits comments on the extent to which the damage case information, the results of the risk assessment, and the new liner and ground water monitoring information from the DOE/ EPA report should affect the Agency's decisions. EPA is also requesting direct comment on the draft risk assessment document to help inform a planned peer review. In addition, the Agency has included in the Docket to this Notice of Data Availability (NODA) a rulemaking petition submitted by a number of citizens' groups and several approaches, one prepared by the electric utility industry and the other prepared by a number of citizens' groups, regarding the management of CCW. The Agency will consider all the information provided through this notice, the comments and new information submitted on this notice, as well as the results of a subsequent peer review of the risk assessment as it continues to follow-up on its Regulatory Determination for CCW disposed of in landfills and surface impoundments.
Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes; Georgia: Redesignation of the Murray County 8-Hour Ozone Nonattainment Area to Attainment for Ozone
Document Number: E7-17133
Type: Proposed Rule
Date: 2007-08-29
Agency: Environmental Protection Agency
On June 15, 2007, the State of Georgia, through the Georgia Environmental Protection Division (EPD), submitted a request to redesignate the Murray County 8-hour ozone nonattainment area (Murray County Area) to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS); and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Murray County Area. The Murray County 8-hour nonattainment ozone area is a partial county area, comprised of the portion of Murray County that makes up the Chattahoochee National Forest. In this action, EPA is proposing to approve Georgia's 8-hour ozone redesignation request for the Murray County Area. Additionally, EPA is proposing to approve the 8-hour ozone maintenance plan for the Murray County Area, including the regional motor vehicle emissions budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOCs). This proposed approval of Georgia's redesignation request is based on EPA's determination that Georgia has demonstrated that the Murray County Area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA), including the determination that the Murray County 8-hour ozone nonattainment area has attained the 8-hour ozone standard. In this action, EPA is also describing the status of its transportation conformity adequacy determination for the new regional MVEBs for 2018 that are contained in the 8-hour ozone maintenance plan for the Murray County Area.
Board of Scientific Counselors, Executive Committee Meeting-September 2007
Document Number: E7-17129
Type: Notice
Date: 2007-08-29
Agency: Environmental Protection Agency
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.
Flutriafol; Time-Limited Pesticide Tolerance
Document Number: E7-17112
Type: Rule
Date: 2007-08-29
Agency: Environmental Protection Agency
This regulation establishes a time-limited tolerance for residues of flutriafol per se in or on soybean. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) authorizing use of the pesticide on soybean. This regulation establishes a maximum permissible level for residues of flutriafol per se in this food commodity. The tolerance will expire and is revoked on December 31, 2010.
Pesticide Registration Review; Fenoxaprop-P-ethyl and Etofenprox Dockets Opened for Review and Comment
Document Number: E7-17111
Type: Notice
Date: 2007-08-29
Agency: Environmental Protection Agency
EPA has established registration review dockets for the following pesticides: Fenoxaprop-P-ethyl, case 7209, and etofenprox, case 7407. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.
Flusilazole; Pesticide Tolerances for Emergency Exemptions
Document Number: E7-17110
Type: Rule
Date: 2007-08-29
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for residues of flusilazole in or on soybean seed, soybean aspirated grain fractions, and soybean oil. This action is in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on soybeans. This regulation establishes maximum permissible levels for residues of flusilazole in these food commodities. The tolerances expire and are revoked on December 31, 2010.
Dibasic Esters (CAS Reg. No. 95481-62-2); Proposed Pesticide Tolerance Exemption
Document Number: E7-17109
Type: Proposed Rule
Date: 2007-08-29
Agency: Environmental Protection Agency
This document proposes to establish an exemption from the requirement of a tolerance for residues of dibasic esters (DBE; CAS Reg. No. 95481-62-2) under 40 CFR 180.1277 when used as an inert ingredient solvent material/anti-freeze microencapsulated at 10% weight/weight (W/W) or less in pesticide formulations with the active ingredient cyfluthrin. Whitmire Micro-Gen Research Laboratories, Inc. 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. New data were received by EPA after the publication of the petitoner's Notice of Filing, therefore, EPA is providing the public with an additional opportunity to comment on the petitioner's request in this proposed rule.
Meetings of the Local Government Advisory Committee (LGAC) and the Small Community Advisory Subcommittee (SCAS)
Document Number: E7-17107
Type: Notice
Date: 2007-08-29
Agency: Environmental Protection Agency
The Local Government Advisory Committee (LGAC) and the Small Community Advisory Subcommittee (SCAS) will meet in conjunction with the Environmental Council of States (ECOS) in Sun Valley, Idaho on September 18-19, 2007, at the Sun Valley Resort located at 1 Sun Valley Road, Room Limelight Salon A. Local Government Advisory Committee will meet on the following dates: Tuesday, September 18, 2007 1:30-5:30 p.m. Mountain Time (MDT). Wednesday, September 19, 2007 8:30 a.m.-5 p.m. Mountain Time (MDT). Small Community Advisory Subcommittee will meet on the following dates: Tuesday, September 18, 2007 10:30-12:30 p.m. Mountain Time (MDT).
Prevention of Significant Deterioration New Source Review: Refinement of Increment Modeling Procedures
Document Number: E7-17104
Type: Proposed Rule
Date: 2007-08-29
Agency: Environmental Protection Agency
The EPA is announcing a reopening of the public comment period on our proposed amendments for the Prevention of Significant Deterioration New Source Review: Refinements of Increment Modeling Procedures (June 6, 2007). The EPA is reopening the comment period that originally ended on August 6, 2007. The reopened comment period will close on September 28, 2007. The EPA is reopening the comment period because of the number of requests we received in a timely manner.
Propylene Oxide; Pesticide Tolerance
Document Number: E7-17010
Type: Rule
Date: 2007-08-29
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of propylene oxide and for the reaction product, propylene chlorohydrin, in or on fig; grape, raisin; and plum, prune, dried, when used as a post-harvest fumigant. This rule additionally removes all directions for use currently listed in 40 CFR 180.491. Aberco, Incorporated requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Spinosad; Pesticide Tolerance
Document Number: E7-16897
Type: Rule
Date: 2007-08-29
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of spinosad in or on fish; fish-shellfish, mollusc; and fish-shellfish, crustacean. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Sodium Carbonate; Weak Mineral Bases; Reregistration Eligibility Decision for Low Risk Pesticide; Notice of Availability
Document Number: E7-16806
Type: Notice
Date: 2007-08-29
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide sodium carbonate; weak mineral bases, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide sodium carbonate; weak mineral bases 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.
Proposed CERCLA Section 122(g) Administrative Agreement for de minimis Settlement for the Consolidated Iron and Metal Co. Superfund Site, City of Newburgh, Orange County, NY
Document Number: E7-16999
Type: Notice
Date: 2007-08-28
Agency: Environmental Protection Agency
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region II, of a proposed de minimis administrative agreement pursuant to Section 122(g) of CERCLA, 42 U.S.C. 9622(g), between EPA and nine (9) settling parties pertaining to the Consolidated Iron and Metal Co. Superfund Site (``Site'') located in the City of Newburgh, Orange County, New York. The settlement requires specified individual payments by each settling party to the EPA Hazardous Substance Superfund Consolidated Iron and Metal Co. Superfund Site Special Account, which combined total $304,916.16. Each settling party's individual settlement amount is considered to be that party's fair share of cleanup costs incurred and anticipated to be incurred in the future, plus a ``premium'' that accounts for, among other things, uncertainties associated with the costs of that future work at the Site. The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating to the Site, subject to limited reservations, and protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. 9613(f)(2) and 9622(g)(5). 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, New York, New York 10007-1866.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Shipyard Facilities and Provisions for Distance Limitations, Setbacks, and Buffers in Standard Permits
Document Number: E7-16830
Type: Proposed Rule
Date: 2007-08-28
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision for the State of Texas. This revision adds provisions which incorporate the evaluation of emissions from dockside vessels when reviewing applications for permits for new and modified sources and certain other administrative changes to its air permitting requirements. It also adds provisions concerning compliance with distance limitations, setbacks, and buffers at facilities that are authorized to construct or modify under an air quality standard permit. The Commission submitted this amendment to EPA to process as a revision to the Texas SIP. This action is being taken under section 110 of the Federal Clean Air Act (the Act).
Approval and Promulgation of Air Quality Implementation Plans; Texas; Shipyard Facilities and Provisions for Distance Limitations, Setbacks, and Buffers in Standard Permits
Document Number: E7-16829
Type: Rule
Date: 2007-08-28
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a State Implementation Plan (SIP) revision for the State of Texas. This revision adds provisions which incorporate the evaluation of emissions from dockside vessels when reviewing applications for permits for new and modified sources and certain other administrative changes to its air permitting requirements. It also adds provisions concerning compliance with distance limitations, setbacks, and buffers at facilities that are authorized to construct or modify under an air quality standard permit. This action is being taken under section 110 of the Federal Clean Air Act (the Act).
Revisions to the California State Implementation Plan, South Coast Air Quality Management District
Document Number: E7-16822
Type: Rule
Date: 2007-08-28
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from refinery flares and storage tanks at petroleum facilities. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, South Coast Air Quality Management District
Document Number: E7-16819
Type: Proposed Rule
Date: 2007-08-28
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from refinery flares and storage tanks at petroleum facilities. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management District and San Joaquin Valley Air Pollution Control District; Technical Amendment
Document Number: E7-16699
Type: Rule
Date: 2007-08-28
Agency: Environmental Protection Agency
On August 1, 2007, EPA published in the Federal Register a document to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) and San Joaquin Valley Air Pollution Control District (SJVAPCD) portions of the California State Implementation Plan (SIP). This action corrects the paragraph number of that regulation.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Stationary Reciprocating Internal Combustion Engines (Renewal); EPA ICR Number 1975.04, OMB Control Number 2060-0548
Document Number: E7-16924
Type: Notice
Date: 2007-08-27
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units (Renewal); EPA ICR Number 1844.03, OMB Control Number 2060-0554
Document Number: E7-16922
Type: Notice
Date: 2007-08-27
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Land Disposal Restrictions (Renewal), EPA ICR Number 1442.19, OMB Control Number 2050-0085
Document Number: E7-16913
Type: Notice
Date: 2007-08-27
Agency: Environmental Protection Agency
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.
Protection of Stratospheric Ozone: The 2008 Critical Use Exemption From the Phaseout of Methyl Bromide
Document Number: E7-16896
Type: Proposed Rule
Date: 2007-08-27
Agency: Environmental Protection Agency
EPA is proposing an exemption to the phaseout of methyl bromide to meet the needs of 2008 critical uses. Specifically, EPA is proposing uses that qualify for the 2008 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing stocks for those uses in 2008. EPA is taking action under the authority of the Clean Air Act to reflect recent consensus decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol) at the 18th Meeting of the Parties (MOP). EPA is seeking comment on the list of critical uses and on EPA's determination of the amounts of methyl bromide needed to satisfy those uses.
Revisions to Consolidated Federal Air Rule
Document Number: E7-16840
Type: Rule
Date: 2007-08-27
Agency: Environmental Protection Agency
The EPA is taking direct final action on the General Provisions for Consolidated Federal Air Rule to allow extensions to the deadline imposed for source owners and operators to conduct required performance tests in certain specified force majeure circumstances. On May 16, 2007, we published a final rule that revised the General Provisions for Standards of Performance for New Stationary Sources, for National Emission Standards for Hazardous Air Pollutants, and for National Emission Standards for Hazardous Air Pollutants for Source Categories to allow extensions to the deadline imposed for source owners and operators to conduct required performance tests in certain specified force majeure circumstances. We recently realized that we should have also revised the Consolidated Federal Air Rule to allow for similar extensions.
Revisions to Consolidated Federal Air Rule
Document Number: E7-16835
Type: Proposed Rule
Date: 2007-08-27
Agency: Environmental Protection Agency
The EPA is proposing to revise the General Provisions for Consolidated Federal Air Rule. On May 16, 2007, we published a final rule that revised the General Provisions for Standards of Performance for New Stationary Sources, for National Emission Standards for Hazardous Air Pollutants, and for National Emission Standards for Hazardous Air Pollutants for Source Categories to allow extensions to the deadline imposed for source owners and operators to conduct initial or other required performance tests in certain specified force majeure circumstances. We recently realized that we should have also revised the Consolidated Federal Air Rule to allow similar extensions.
Approval and Promulgation of Implementation Plans; New Jersey; Low Emission Vehicle Program
Document Number: E7-16815
Type: Rule
Date: 2007-08-27
Agency: Environmental Protection Agency
The Environmental Protection Agency is approving a state implementation plan revision submitted by the State of New Jersey. The State's revision adopts California's second generation low emission vehicle program for light-duty vehicles, LEV II, beginning with the 2009 model year. EPA is not taking action on two provisions of New Jersey's program: the zero-emission vehicle sales mandate and the greenhouse gas emission standards. The intended effect of this rulemaking is to approve a control strategy which will result in emissions reductions that will help New Jersey achieve attainment of national ambient air quality standard for ozone.
Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM-10; Affirmation of Determination of Attainment for the San Joaquin Valley Nonattainment Area
Document Number: E7-16693
Type: Proposed Rule
Date: 2007-08-27
Agency: Environmental Protection Agency
In a final rule published in the Federal Register on October 30, 2006, EPA determined that the San Joaquin Valley nonattainment area (SJV or the Valley) in California attained the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10). Since that final determination of attainment, the State has flagged several exceedances of the PM-10 standard in 2006 as being caused by exceptional events, i.e., high winds, and requested that these data be excluded from attainment determinations. EPA is proposing to concur with the State's request to flag these exceedances and thus to exclude that data from use in determining PM-10 attainment for the SJV. EPA is also proposing to exclude from use in determining attainment for the SJV exceedances recorded at a monitor located at the Santa Rosa Rancheria, tribal lands within the boundaries of the SJV, on two bases: The exceedances occurred while the monitor was operating in very close proximity to construction activities and, as such, the monitor was not properly sited during that time for purposes of comparison to the NAAQS; and the exceedances were caused by an exceptional event. EPA is proposing to concur with the Santa Rosa Rancheria Tribe's request to flag these exceedances as due to an exceptional event. As a result, EPA is proposing to affirm its determination that the SJV has attained the PM-10 standard based on EPA's evaluation of quality-assured data through December 2006. In addition to providing the public with an opportunity to comment on EPA's evaluation and proposed concurrence on flagged exceedances that occurred through the end of calendar year 2006, EPA is in this proposed rule addressing issues raised in petitions for reconsideration and withdrawal of EPA's 2006 determination of attainment, filed by Earthjustice on behalf of the Sierra Club, Latino Issues Forum and others.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: E7-16685
Type: Rule
Date: 2007-08-27
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 4 is publishing a direct final notice of deletion of the Standard Auto Bumper Site (Site), located in Hialeah, Florida, 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 Florida, through the Florida Department of Environmental Protection (FDEP) 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.
National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List
Document Number: E7-16684
Type: Proposed Rule
Date: 2007-08-27
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 4 is issuing a notice of intent to delete the Standard Auto Bumper Superfund Site (Site) located in Hialeah, Florida, 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). The EPA and the State of Florida, through the Florida Department of Environmental Protection (FDEP), have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five- year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. In the ``Rules and Regulations'' section of today's Federal Register, we are publishing a direct final notice of deletion of the Standard Auto Bumper Superfund Site without prior notice of intent to delete because we view this as a noncontroversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final deletion. If we receive no adverse comment(s) on this notice of intent to delete or the direct final notice of deletion, we will not take further action on this notice of intent to delete. If we receive adverse comment(s), we will withdraw the direct final notice of deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final deletion notice based on this notice of intent to delete. We will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of deletion which is located in the Rules section of this Federal Register.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E7-16824
Type: Notice
Date: 2007-08-24
Agency: Environmental Protection Agency
EPA does not object to the proposed project, but recommended expanding the purpose and need to include active restoration and monitoring survival of fire-damaged trees across the Tripod burn area to validate the proposed methodology for determining post fire tree mortality. Rating LO.
Proposed Administrative Settlement Agreement Under Section 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act for the Cornell-Dubilier Electronics, Inc. Superfund Site, Located in South Plainfield, Middlesex County, NJ
Document Number: E7-16821
Type: Notice
Date: 2007-08-24
Agency: Environmental Protection Agency
The Evironmental Protection Agency (EPA) is proposing to enter into an administrative settlement agreement that resolves 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 settlement agreement and of the opportunity to comment. Under the proposed administrative settlement, the settling party, D.S.C. of Newark Enterprises, Inc. (``DSC'') will make a payment of $203,249 to resolve its liability for ``Past Response Costs,'' which are defined as those costs that EPA has paid at or in connection with a removal action performed at 126 Spicer Avenue, a residential property in South Plainfield, New Jersey through December 31, 2006, plus accrued interest on those costs. DSC will also make a payment of $25,000 to resolve its liability for violation of an administrative order on consent (``AOC'') that DSC entered into with EPA to perform the removal activities in question. In addition, the proposed administrative settlement provides that EPA may enter onto DSC's propertya former capacitor manufacturing facilityto perform the remedial action called for in the Record of Decision for Operable Unit 2 of the Site, which includes soil excavation and demolition of contaminated buildings. 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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Request for Contractor Access to TSCA Confidential Business Information (CBI); EPA ICR No. 1250.08, OMB No. 2070-0075
Document Number: E7-16818
Type: Notice
Date: 2007-08-24
Agency: Environmental Protection Agency
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 information collection activity and its expected burden and costs.
Environmental Impacts Statements; Notice of Availability
Document Number: E7-16816
Type: Notice
Date: 2007-08-24
Agency: Environmental Protection Agency
Chloropicrin, Dazomet, 1,3-Dichloropropene, Metam potassium, Metam sodium, and Methyl bromide; Extension of Comment Period
Document Number: E7-16813
Type: Notice
Date: 2007-08-24
Agency: Environmental Protection Agency
EPA issued five notices in the Federal Register of May 2, 2007, announcing the availability and seeking comments on EPA's revised human health risk assessments and risk mitigation proposal for the fumigants chloropicrin, dazomet, 1,3-dichloropropene, metam potassium, metam sodium, and methyl bromide. On June 20, 2007, EPA issued a notice in the Federal Register extending the comment period for 60 days, until September 3, 2007. This document is extending the comment period for another 60 days, from September 3, 2007 to November 3, 2007, for the five actions.
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Kentucky: Redesignation of the Kentucky Portion of the Louisville 8-Hour Ozone Nonattainment Area to Attainment for Ozone; Technical Amendment
Document Number: E7-16804
Type: Rule
Date: 2007-08-24
Agency: Environmental Protection Agency
On July 5, 2007, EPA published in the Federal Register a final rule redesignating the Kentucky portion of the bi-state Louisville 8- hour ozone nonattainment area to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS). EPA inadvertently omitted the State effective date in the regulatory text in the final rule for the Louisville 8-hour ozone maintenance plan. This action corrects the July 5, 2007, final rule by adding a State effective date of September 29, 2006.
Adequacy Status of the Atlanta Early Progress 8-Hour Ozone Motor Vehicle Emission Budgets for Transportation Conformity Purposes; Correction
Document Number: E7-16802
Type: Notice
Date: 2007-08-24
Agency: Environmental Protection Agency
On April 9, 2007, EPA published a notice of adequacy for the 2006 Motor Vehicle Emissions Budgets (MVEBs) contained in Atlanta's Early Progress Plan. The MVEBs for nitrogen oxide (NOX) and the volatile organic compounds (VOC) were incorrectly stated. This document corrects the notice.
Proposed CERCLA Section 122(h) Ability To Pay Settlement for the Westwood Chemical Corporation Superfund Site, Middletown, Orange County, NY
Document Number: E7-16793
Type: Notice
Date: 2007-08-24
Agency: Environmental Protection Agency
In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region II, of a proposed Ability To Pay settlement agreement pursuant to section 122(h) of CERCLA, 42 U.S.C. 9622(h), with Rocco Giovanniello, an individual who is a potentially responsible party for the Westwood Chemical Corporation Superfund Site (``Site'') in Middletown, Orange County, New York. Under the terms of the settlement agreement, Mr. Giovanniello would pay to EPA the amount of $25,000 towards reimbursement of EPA's past costs at the Site in installments as follows: an initial installment of $15,000 following the effective date of the settlement agreement, and a second installment of $10,000, plus interest, one year after the effective date. The settlement includes a covenant by EPA not to sue or to take administrative action against the settling party pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), with regard to the Site. 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 II, 290 Broadway, New York, New York 10007-1866.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Reading 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan and 2002 Base-Year Inventory
Document Number: E7-16683
Type: Rule
Date: 2007-08-24
Agency: Environmental Protection Agency
EPA is approving a redesignation request and State Implementation Plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Reading, Berks County, Pennsylvania ozone nonattainment area (Reading Area) be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). In conjunction with its redesignation request, the PADEP submitted SIP revisions consisting of a maintenance plan for the Reading Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is approving the 8-hour maintenance plan. PADEP also submitted a 2002 base-year inventory for the Reading Area which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Reading Area maintenance plan for purposes of transportation conformity, and is approving those MVEBs. EPA is approving the redesignation request, and the maintenance plan, and the 2002 base-year emissions inventory as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act.
Notice of Proposed Settlement Agreement and Opportunity for Public Comment; Pennsylvania Railroad Transformer Superfund Site
Document Number: E7-16598
Type: Notice
Date: 2007-08-24
Agency: Environmental Protection Agency
In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(h)(i), notice is hereby given of a proposed settlement, intended to resolve the potential liability under CERCLA of a party for response costs incurred by EPA and by the United States Department of Justice on behalf of EPA in connection with the Pennsylvania Railroad Transformer Superfund Site, Pittsburgh, Allegheny County, Pennsylvania (``Site'').
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Industrial, Commercial and Institutional Boilers and Process Heaters (Renewal); EPA ICR Number 2028.03, OMB Control Number 2060-0551
Document Number: E7-16698
Type: Notice
Date: 2007-08-23
Agency: Environmental Protection Agency
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.
Fipronil; Pesticide Tolerances
Document Number: E7-16621
Type: Rule
Date: 2007-08-22
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of fipronil and its two metabolites and one photodegradate in or on potato and potato, wet peel, and indirect or inadvertent residues of fipronil and its two metabolites and one photodegradate in or on wheat, forage; wheat, grain; wheat, hay; and wheat, straw. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). In addition, this establishes time-limited tolerances for combined residues of fipronil in or on turnip and rutabaga. This action is in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on turnip and rutabaga. This regulation establishes maximum permissible levels for combined residues of fipronil in these food commodities. The tolerances for rutabaga and turnip expire and are revoked on December 31, 2010.
National Environmental Justice Advisory Council; Notification of Public Meeting and Public Comment
Document Number: E7-16613
Type: Notice
Date: 2007-08-22
Agency: Environmental Protection Agency
Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will meet on the dates and times described below. All meetings are open to the public. Members of the public are encouraged to provide comments relevant to the specific issues being considered by the NEJAC. For additional information about registering for public comment, please see SUPPLEMENTARY INFORMATION. Due to limited space, seating at the NEJAC meeting will be on a first-come basis.
Proposed Approval of the Central Characterization Project's Remote-Handled Waste Characterization Program at Los Alamos National Laboratory
Document Number: E7-16612
Type: Notice
Date: 2007-08-22
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or we) is announcing the availability of, and soliciting public comments for 45 days on, the proposed approval of the radioactive, remote-handled (RH), transuranic (TRU) waste characterization program implemented by the Central Characterization Project (CCP) at Los Alamos National Laboratory (LANL). This waste is intended for disposal at the Waste Isolation Pilot Plant (WIPP) in New Mexico. In accordance with the WIPP Compliance Criteria, EPA evaluated the characterization of RH TRU debris waste from LANL-CCP during an inspection conducted the week of May 8, 2007. Using the systems and processes developed as part of the U.S. Department of Energy's (DOE's) Carlsbad Field Office (CBFO) program to characterize RH TRU waste, EPA verified whether DOE could adequately characterize RH TRU waste consistent with the Compliance Criteria. The results of EPA's evaluation of the LANL-CCP program and its proposed approval are described in the Agency's inspection report, which is available for review in the public dockets listed in ADDRESSES. We will consider public comments received on or before the due date mentioned in DATES. This notice summarizes the waste characterization processes evaluated by EPA and EPA's proposed approval. As required by the 40 CFR 194.8, at the end of a 45-day comment period EPA will evaluate public comments received, and if appropriate, finalize the reports responding to the relevant public comments, and a final report and approval letter to DOE.