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

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide dichlorprop-p (2,4-DP-p). The Agency's risk assessments and other related documents also are available in the 2,4-DP-p Docket. 2,4-DP-p is an herbicide used to manage broadleaf weeds, woody plants, and brush in residential lawns, sod farms, golf courses, sports turf, and non-cultivated agricultural land. 2,4-DP-p is also used to manage woody plants and brush in non- cultivated areas, such as fencerows and rights-of-ways. EPA has reviewed 2,4-DP-p through the public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This regulation establishes tolerances for residues of fenamidone in or on carrot; sunflower; Brassica, head and stem, subgroup 5A; Brassica, leafy greens, subgroup 5B; vegetable, fruiting, group 8, except nonbell pepper; pepper, nonbell; vegetable, leafy, except Brassica, group 4; cotton, gin byproducts; cotton, undelinted seed; and combined residues of fenamidone and its metabolite RPA 717879 in or on strawberry. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces receipt of an application 352-EUP-RTE from E. I. du Pont de Nemours and Company requesting an experimental use permit (EUP) for the termiticide DuPont E2Y45 200SC containing the active ingredient chlorantraniliprole. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.

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.

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 June 30, 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.

EPA is proposing limited approval of a revision to the Indiana State Implementation Plan (SIP) submitted on February 28, 2007, as amended by letter on September 20, 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 Indiana SIP revision strengthens the implementation plan for the State because it makes progress toward meeting Indiana's emission reduction requirements under the NOX SIP Call.

The EPA's Science Advisory Board (SAB) Staff Office is announcing a public teleconference of the SAB Hypoxia Advisory Panel to discuss comments from the chartered SAB, external reviewers and the public on its public draft (August 30, 2007) ``Hypoxia in the Northern Gulf of Mexico: An Update by the EPA Science Advisory Board.''

EPA expressed environmental concerns about the impacts to groundwater and karst topography, as well as an unavoidable number of sinkholes that will be directly and indirectly impacted by the project. EPA is also concerned that the preferred alternative would also result in indirect adverse effects on two historic sites. Rating EC1. EIS No. 20070322, ERP No. D-NPS-K61167-AZ, Saguaro National Park General Management Plan, Implementation, Rincon Mountain District and Tucson Mountain District, Pima County, AZ. Summary: EPA has no objections to this project. Rating LO. EIS No. 20070356, ERP No. D-FRC-J03019-CO, High Plains Expansion Project, (Docket No. CP07-207-000) Natural Gas Pipeline Facility, Construction and Operation, U.S. Army COE 404, Weld, Adams, and Morgan Counties, CO. Summary: EPA expressed environmental concerns about impacts to water quality, wetlands, and wildlife from proposed pipeline water crossing construction. EPA requested additional analysis of construction methods and mitigation measures in Final EIS. Rating EC2. EIS No. 20070363, ERP No. D-COE-K28022-CA, Carryover Storage and San Vicente Dam Raise Project, Providing Additional Storage Capacity for 100,000 area feet of Water by the Year 2011, Issuance of Permits, Section 10 and 404 Permits, San Diego County, CA. Summary: EPA expressed environmental concerns about air, water and noise impacts, and requested additional information regarding the project's ``Purpose and Need'' statement, proposed compensatory mitigation sites for impacts to waters of the United States, efficient use of the emergency and new carryover storage, and mitigation measures for identified adverse air and noise impacts. Rating EC2. EIS No. 20070311, ERP No. DS-COE-J28021-CO, Rueter-Hess Reservoir Expansion Project, Enlarges Reservoir to Provide Storage of Denver Basin Groundwater for Meeting Peak Municipal Water Supply, U.S. Army COE Section 404 Permit, Town of Parker, Douglas County, CO. Summary: EPA expressed environmental concerns about the lack of information regarding future water supplies, and impacts to aquatic resources at Cherry Creek and Cherry Creek Reservoir. EPA also expressed concerns that the project's purpose and need statement was narrowly defined, thereby eliminating some potential project alternatives from consideration. Rating EC2.

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

On March 26, 2007, the Indiana Department of Environmental Management (IDEM) submitted a request for EPA approval of a redesignation of Boone, Hamilton, Hancock, Hendricks, Johnson, Madison, Marion, Morgan, and Shelby Counties (the Central Indiana Area) to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). IDEM also requested EPA approval of an ozone maintenance plan for this area as a revision of the Indiana State Implementation Plan (SIP). The maintenance plan demonstrates maintenance of the ozone NAAQS in this area through 2020 and establishes 2006 and 2020 motor vehicle Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) emission budgets for this area. EPA is making a determination that the Central Indiana Area has attained the 8-hour ozone NAAQS. EPA is approving, as a SIP revision, the State's ozone maintenance plan for this area. Indiana has satisfied the criteria for the redesignation of the Central Indiana Area to attainment of the 8-hour ozone NAAQS, and, therefore, EPA is approving Indiana's ozone redesignation request for this area. Further, EPA is approving, for purposes of transportation conformity, the VOC and NOX Motor Vehicle Emission Budgets (MVEBs) for 2006 and 2020 that are contained in the 8-hour ozone maintenance plan. EPA proposed these actions on July 31, 2007, and received only one comment in response supporting the proposed actions.

EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Mercer County portion of the Youngstown-Warren-Sharon, OH-PA 8-hour ozone nonattainment area (``Youngstown Area'' or ``Area'') be redesignated as attainment for the 8-hour ozone ambient air quality standard (NAAQS). The Area is comprised of Mercer County, Pennsylvania and Trumbull, Mahoning, and Columbiana Counties, Ohio. EPA is approving the ozone redesignation request for Mercer County. In a separate rulemaking action (72 FR 32190, June 12, 2007) EPA approved the ozone redesignation request for Trumbull, Mahoning, and Columbiana Counties, Ohio. In conjunction with its redesignation request, PADEP submitted a SIP revision consisting of a maintenance plan for Mercer County 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 Mercer County which EPA is approving. In addition, EPA is approving the adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the Mercer County 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 (CAA).

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. The Council is a panel of individuals who represent diverse interests from academia, industry, non-governmental organizations, and local, state, and tribal governments. The purpose of this meeting is to review and approve three sets of recommendations: (1) NACEPT's Draft Environmental Stewardship/ Cooperative Conservation Report, (2) NACEPT's Draft Comments on EPA's 2007 Report on the Environment: Highlights of National Trends, and (3) NACEPT's Draft Advice Letter on EPA's Role in Biofuels. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/ nacept/cal-nacept.htm.

EPA is announcing that the comment period to the notice entitled ``NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors; Solicitation of Comment on Legal Analysis,'' published on September 27, 2007 (72 FR 54875), is being extended until November 27, 2007. In that notice, EPA discusses the standards for hazardous waste combustors that were promulgated on October 12, 2005 (70 FR 59402), and specifically identifies which standards EPA believes are consistent with the Clean Air Act and case law, and which standards are not and need to be reexamined through a subsequent rulemaking. This analysis of the standards is being done in response to several opinions issued by the United States Court of Appeals for the District of Columbia Circuit that call into question the legality of some of the standards for hazardous waste combustors.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement of past response costs concerning the EPAC Superfund Site in Waterbury, Connecticut with the following settling parties: Waterbury Realty, LLC and Salvatore Cascino. The settling parties agree to reimburse the Agency $175,000 in past costs payable in two installments; $87,500 to be paid not later than forty-five (45) days following the effective date of the settlement agreement; and, $87,500 to be paid not later than ninety days from the effective date of the settlement agreement. Additionally, the Settling Parties shall pay to EPA twenty-five percent (25%) of any cash payment they receive as a result of any contribution suit or claim against or settlement agreement with Great Brook Realty, Inc., for matters related to the settlement agreement. This settlement includes a covenant not to sue the settling parties pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at One Congress Street, Boston, MA 02114-2023.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of requests by the registrant to voluntarily cancel their registration of Amitraz-Pyriproxyfen Flea and Tick Collar for Dogs and Puppies 1 product containing the pesticide amitraz. The requests would not terminate amitraz use in or on dogs via amitraz impregnated dog collars or terminate the last amitraz products registered for use in the United States. EPA intends to grant this request 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 request, or unless the registrant withdraws their requests within this period. Upon acceptance of this request, 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.

EPA is taking direct final action to approve a revision to the Kansas City and St. Louis portions of the Missouri State Implementation Plan (SIP). This revision consists of transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures.

EPA is seeking public comment on a September 12, 2007, petition from the National Resources Defense Council (NRDC) and Pesticide Action Network North America (PANNA), available in docket number EPA-HQ-OPP-2007-1005, requesting that the Agency revoke all tolerances and cancel all registrations for the pesticide chlorpyrifos. The petitioners, NRDC and PANNA, request this action to obtain what they believe would be proper application of the safety standards of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), section 408, as amended by the Food Quality Protection Act (FQPA) of 1996.

This document announces the Office of Management and Budget's (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

EPA is seeking comment on a draft White Paper that reviews data on the level in the human food supply of Cry9C protein from StarLink[reg] corn grain. It concludes that the protein has been sufficiently removed from the human food supply to render the level of risk low enough that continued testing for the protein in yellow corn at dry mills and masa production facilities provides no added public health protection. The White Paper therefore recommends that the Food and Drug Administration (FDA) withdraw its guidance recommending testing yellow corn grain for Cry9C at dry mills and masa production facilities. Concurrent with this notice, the FDA is publishing for comment a notice in the Federal Register that FDA is considering withdrawing its guidance.

The Agency is announcing the availability of a Pesticide Registration Notice (PR Notice) regarding the formation of the Agricultural Handlers Exposure Task Force, L.L.C. This PR Notice was signed by the Agency on September 20, 2007 and is posted on the EPA website under PR Notice 2007-03. PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This particular PR Notice provides information concerning the formation of an industry Task Force for the development of data supporting pesticide registration, in which registrants may wish to participate.

EPA is proposing to find that the Memphis, Tennessee and Crittenden County, Arkansas marginal 8-hour ozone nonattainment area (Memphis TN-AR Nonattainment Area) has failed to attain the 8-hour ozone national ambient air quality standard (``NAAQS'' or ``standard'') by June 15, 2007, the attainment deadline set forth in the Clean Air Act (CAA) and Code of Federal Regulations (CFR) for marginal nonattainment areas. If EPA finalizes this finding, the Memphis TN-AR Nonattainment Area will then be reclassified as a moderate 8-hour ozone nonattainment area. The moderate area attainment date for the reclassified Memphis TN-AR Nonattainment Area would then be as expeditiously as practicable, but no later than June 15, 2010. Once reclassified, Tennessee and Arkansas must submit State Implementation Plan (SIP) revisions that meet the 8-hour ozone nonattainment requirements for moderate areas, as required by the CAA. In this action, EPA is also proposing the schedule for the States' submittal of the SIP revisions required for moderate areas once the area is reclassified.

EPA is proposing to approve revisions to the Iowa State Implementation Plan (SIP) and Operating Permits Program submitted by the state of Iowa. These revisions update and clarify various rules and makes minor revisions and corrections. Approval of these revisions will ensure consistency between the state and Federally-approved rules, and ensure Federal enforceability of the State's revised air program rules.

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

EPA is taking final action to approve a request submitted on June 15, 2007, from the State of Georgia, through the Georgia Environmental Protection Division (EPD), to redesignate the Murray County 8-hour ozone nonattainment area to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS). 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 (Murray County Area). EPA's approval of the redesignation request is based on the determination that the Murray County Area has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the Murray County Area has attained the 8-hour ozone standard. Additionally, EPA is approving a revision to the Georgia State Implementation Plan (SIP) including the 8-hour ozone maintenance plan for the Murray County Area that contains the new 2018 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOCs). Through this action, EPA is also finding the 2018 MVEBs adequate for the purposes of transportation conformity.