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

EPA is proposing disapproval of a revision to the Illinois Ozone State Implementation Plan (SIP). On August 17, 2005, Illinois requested that five compounds be added to its list of compounds exempt from being considered a volatile organic compound (VOC). EPA no longer considers four of the compounds to be VOCs because the compounds were shown to be negligibly photochemically reactive. Thus, the compounds do not lead to ozone formation. For the fifth compound, t-butyl acetate, EPA determined that it is not considered a VOC for emission limits and VOC content requirements, but it is considered a VOC for recordkeeping, emission reporting, and inventory requirements. Illinois has indicated it is correcting the restrictions on t-butyl acetate. Consequently, EPA is alternatively proposing approval of the SIP revisions if t-butyl acetate is removed from the list of compounds exempt from being considered VOC or if the special requirements for t-butyl acetate are clearly indicated. Illinois must submit the supporting documentation during the comment period for this rule.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement which includes compromise of past response costs incurred in connection with the Mason Road Lead site in Mason Ohio with the Board of Education Mason of Mason City School District. The settlement requires Settling Party to reimburse U.S. EPA Hazardous Substance Superfund $15,917.36 for costs incurred by U.S. EPA since December 11, 2004, through the effective date of this Administrative Order on Consent to oversee the clean-up of the Mason Road Lead site. The total past costs incurred between December 11, 2004, and December 9, 2006, are $19,896.70 and are being compromised in consideration of the settling party having completed a removal action under the terms of a Unilateral Administrative Order Docket No: V-W-04-C-803 issued pursuant to CERCLA section 106(a), 42 U.S.C. 9607(a). The settlement includes a covenant not to sue the settling party 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 with indicate that the settlement is inappropriate, improper, or inadequate. The U.S. EPA's response to any comments received will be available for public inspection at the U.S. EPA Record Center, Room 714, U.S. EPA, 77 West Jackson boulevard, Chicago, Illinois.

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 request for amendments by registrants to delete uses in certain pesticide registrations. Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register.

The EPA is announcing a public comment period to review the final draft document titled, ``Toxicological Review of Acrylamide: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-07/009), related to the human health assessment for acrylamide. The document was prepared by the National Center for Environmental Assessment (NCEA) 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 will consider any public comments submitted in accordance with this notice when revising the document.

This notice of proposed rulemaking provides notice of, and requests comments, including any relevant data, on a proposed administrative reporting exemption from particular notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and the Emergency Planning and Community Right-to-Know Act, also known as Title III of the Superfund Amendments and Reauthorization Act. Specifically, the proposed administrative reporting exemption applies to releases of hazardous substances to the air where the source of those hazardous substances is animal waste at farms. Nothing in this proposed rule, however, would change the notification requirements if hazardous substances are released to the air from any other source other than animal waste at farms (i.e., ammonia tanks), as well as releases of any hazardous substances from animal waste to any other environmental media, (i.e., soil, ground water, surface water) when the release of those hazardous substances is at or above its reportable quantity per 24 hours. This administrative reporting exemption is protective of human health and the environment and consistent with the Agency's goal to reduce reporting burden where there would likely be no Federal, state or local emergency response to such release reports. Eliminating such reporting will allow emergency response officials to better focus on releases where the Agency is more likely to take a response action. Finally, in proposing this administrative reporting exemption from the notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act, section 103(a) and the Emergency Planning and Community Right to Know Act, section 304, EPA is not proposing to limit any of its authorities under CERCLA sections 104 (response authorities), 106 (abatement actions), 107 (liability), or any other provisions of the Comprehensive Emergency Response, Compensation, and Liability Act or the Emergency Planning and Community Right to Know Act in this rulemaking.

EPA issued a notice in the Federal Register of June 18, 2007, concerning the draft list of the first group of chemicals that will be screened in the Agency's Endocrine Disruptor Screening Program (EDSP). The draft list was produced using the approach described in the September 2005 notice, and includes chemicals that the Agency, in its discretion, has decided should be tested first, based upon exposure potential.The June 18, 2007 Federal Register notice provided for a 90- day public comment period. EPA extended the comment period an additional 60 days in the Federal Register of September 12, 2007, and later extended the comment period for 45 days in the Federal Register of November 15, 2007. This document is extending the comment period for a third time for an additional 42 days. The new comment period closes February 11, 2008.

This regulation establishes tolerances for combined residues of fluroxypyr and its metabolite in or on pome fruit, group 11; millet (grain, forage, hay and proso millet straw). Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA issued a notice in the Federal Register of October 31, 2007, announcing the availability of and seeking comment on the draft Pesticide Registration Notice (PR Notice) entitled ``Label Statements Regarding Third-Party Endorsements & Cause Marketing Claims.'' This document is extending the comment period for 90 days, from December 31, 2007, to March 27, 2008.

EPA is finalizing an exemption to the phaseout of methyl bromide to meet the needs of 2008 critical uses. Specifically, EPA is authorizing uses that qualify for the 2008 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phaseout inventory 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 at the 18th Meeting of the Parties.

EPA is issuing national emission standards for electric arc furnace steelmaking facilities that are area sources of hazardous air pollutants. The final rule establishes requirements for the control of mercury emissions that are based on the maximum achievable control technology and requirements for the control of other hazardous air pollutants that are based on generally available control technology or management practices.

EPA is taking final action to extend the global laboratory and analytical use exemption for the production and import of class I ozone-depleting substances through December 31, 2011, consistent with the recent actions by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. The exemption allows persons in the United States to produce and import controlled substances for laboratory and analytical uses that have not been already identified by EPA as nonessential. The final rule also extends the applicability of the global laboratory and analytical use exemption to the production and import of methyl bromide for specific laboratory uses. Finally, this action eliminates the testing of organic matter in coal from the global laboratory and analytical use exemption.

This regulation establishes tolerances for residues of etoxazole in or on cherry; hop, dried cones; and vegetable, cucurbit subgroup 9A. The Interregional Research Project No. 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Because EPA received adverse comment, we are making a partial withdrawal and revision of the direct final rule for ``Nonroad Diesel Technical Amendments and Tier 3 Technical Relief Provision'' published on September 18, 2007.

EPA is taking final action to approve the State Plan submitted by Iowa on August 15, 2006, and updates to rules submitted on April 26, 2007. The plan addresses the requirements of EPA's Clean Air Mercury Rule (CAMR), promulgated on May 18, 2005, and subsequently revised on June 9, 2006. EPA has determined that the submitted State Plan fully meets the CAMR requirements for Iowa. CAMR requires States to regulate emissions of mercury (Hg) from large coal-fired electric generating units (EGUs). CAMR establishes State budgets for annual EGU Hg emissions and requires States to submit State Plans to ensure that annual EGU Hg emissions will not exceed the applicable State budget. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered CAMR cap-and-trade program. In the State Plan that EPA is approving today, Iowa has met the CAMR requirements by electing to participate in the EPA trading program.

EPA is issuing national emission standards for the Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous Metals Processing area source categories. Each of these three final emissions standards reflects the generally available control technology or management practices used by sources within the respective area source category.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing this notice of receipt of requests by the registrants to voluntarily cancel their registrations of certain products containing the pesticides nicotine, 4-aminopyridine, and fenoxycarb. The requests from Bonide, Inc. would terminate nicotine use in or on lawns and outdoor ornamentals; this request would not cancel the last nicotine product registered for use in the United States. The requests from Avitrol Corporation would terminate 4-aminopyridine products formulated as powder; this request would not cancel the last 4-aminopyridine product registered for use in the United States. The requests from SC Johnson & Son, Inc. would terminate fenoxycarb use in indoor residential areas; this request would not cancel the last fenoxycarb product registered for use in the United States. The requests from Syngenta would terminate fenoxycarb use by residential handlers; this request would not cancel the last fenoxycarb product registered for use in the United States. 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, or unless the registrants withdraw their requests within this period. Upon acceptance of these 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.

Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public teleconference 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 teleconference is to discuss and approve the Draft NACEPT Comments on the EPA 2007 Report on the Environment: Highlights of National Trends (ROE HD). The objective of the Highlights Document is to present national status and trends in the environment and human health in a clear, engaging manner to a public audience of ``civic-minded individuals.'' EPA's Report on the Environment 2007 consists of three products: A Science Report containing detailed scientific and technical information, a Highlights Document written for concerned citizens, and an electronic document facilitating access to material in the reports. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ocem/nacept/cal- nacept.htm.

EPA expressed environmental concerns about air impacts, particularly during the construction phase of the project, as well as impacts to aquatic habitat. EPA also recommends additional cumulative impacts analyses be done. Rating EC2. EIS No. 20070409, ERP No. D-AFS-J65392-MT, Beartooth Ranger District Travel Management Planning, Proposing to Designate Routes for Public Motorized Use, and Change Management of Pack and Saddle Stock on Certain Trail, Beartooth Ranger District, Custer National Forest, Carbon, Stillwater, Sweet Grass, and Park Counties, MT. Summary: EPA expressed environmental concerns about impacts to water quality, fisheries, wildlife and other resources, and recommended that the preferred alternative include modifications to reduce roads in high hazard areas, avoid adding new roads and road decommissioning to reduce risks to water quality and fisheries. Rating EC2. EIS No. 20070430, ERP No. D-FHW-E40818-NC, NC-119 Relocation Project, Transportation Improvement from the I-185/40 Interchange Southwest of Mebane to Existing NC-119 south of NC-1918 (Mrs White Lane) Mebane, Right-of-Way Acquisition, Alamance County, NC. Summary: EPA expressed environmental concerns about impacts to streams, a historic property, a water supply area, and possible residential relocations. Rating EC1. EIS No. 20070451, ERP No. D-AFS-J65395-UT, Indian Springs Road Realignment, Reducing Adverse Impacts to Watershed and Fisheries, U.S. Army COE Section 404 Permit, Uinta National Forest, Heber Ranger District, Wasatch County, UT. Summary: EPA expressed environmental concerns about impacts to the roadless area, and requested that other alternatives that would avoid the roadless area be investigated. If an alternative is not available, EPA requested mitigation to offset impacts to the roadless area. Rating EC2. EIS No. 20070368, ERP No. DS-BLM-K67052-NV, Newmont Gold Mining, South Operations Area Project Amendment, Updated Information on the Cumulative Effects Analyses, Operation and Expansion, Plan of Operations, Elko and Eureka Counties, NV. Summary: EPA continues to have environmental objections to the project because of its potential significant adverse impacts to water quality and the lack of sufficient measures to ensure against acid rock drainage. We recommend the final SEIS provide additional information regarding mine geochemistry, measures to prevent acid drainage, mitigation for potential impacts to pit lake water quality, water quality monitoring, mercury emissions and controls, and financial assurance. Rating EO2. EIS No. 20070369, ERP No. DS-BLM-K67056-NV, Leeville Mining Project, Propose to Develop and Operate an Underground Mine and Ancillary Facilities including Dewatering Operation, Updated Information on the Cumulative Effects Analyses, Plan-of-Operations/Right-of-Way Permit and COE Section 404 Permit, Elko and Eureka Counties, NV. Summary: EPA continues to have environmental concerns because of the project's potential significant adverse impacts to water quality and the lack of sufficient measures to ensure against acid rock drainage. We recommend the final SEIS provide additional information regarding mine geochemistry, measures to prevent acid drainage, mercury emissions and controls, and financial assurance. Rating EC2.

This regulation modifies the tolerances for the combined residues of glufosinate-ammonium and its metabolites expressed as butanoic acid in or on raw agricultural commodities. Bayer CropScience LLC requested this revision under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide polypropylene glycol, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the polypropylene glycol Docket. Butoxypolypropylene glycol (BPG) is the only active ingredient in the polypropylene glycol chemical case with any registered products. BPG is a repellant that is used to control flying and crawling insects. BPG was first registered for use in 1960, and can be applied to animals such as pets or horses directly, or to areas where animals live, like animal housing, bedding, or other areas animals may occupy. There are no food uses, and no uses on animals intended for slaughter. EPA has reviewed the polypropylene glycol chemical case 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.

EPA is approving revisions to Chapter 74:36:09 of the South Dakota Administrative Rules (Prevention of Significant Deterioration) for incorporation into the South Dakota State Implementation Plan (SIP). South Dakota adopted these rule revisions on August 29, 2006 and May 14, 2007, and submitted the requests for approval to EPA on September 1, 2006 and June 28, 2007. One rule provision that EPA had proposed to disapprove has been corrected by South Dakota. Therefore, EPA is also approving that provision. South Dakota was granted delegation of authority by EPA on July 6, 1994, to implement and enforce the federal Prevention of Significant Deterioration (PSD) permitting regulations. As part of this final rule EPA is rescinding South Dakota's delegation of authority for implementing the federal PSD regulations. This action is being taken under section 110 of the Clean Air Act (CAA).

On September 20, 2007, the Sierra Club, the National Center for Healthy Housing, the Alliance for Healthy Homes, and the Natural Resources Defense Council (NRDC) petitioned EPA under section 21 of the Toxic Substances Control Act (TSCA) to: Call-in allegations of adverse reactions related to air freshener products recorded by manufacturers and processors pursuant to TSCA section 8(c) and 40 CFR part 717; adopt a rule pursuant to TSCA section 8(d) to require submittal of heath and safety studies related to air fresheners, including lab results of ingredients and health effects from respiratory exposures; adopt a rule pursuant to TSCA section 4 to require manufacturers to conduct acute and chronic studies to evaluate the impact of air fresheners on human health; and adopt a rule pursuant to TSCA section 6 to require that air fresheners be labeled to identify all of their ingredients. TSCA section 21 does not apply to the petitioners' request for a call-in under TSCA section 8(c), and, for the reasons set forth in this notice, EPA has denied the petitioners' remaining three requests.

EPA is proposing approval of a revision to the Bay Area Air Quality Management District (BAAQMD) portion of the California State Implementation Plan (SIP). This revision concerns nitrogen oxides (NOX) and carbon monoxide (CO) emissions from boilers, steam generators and process heaters at petroleum refineries. We are proposing to approve a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. 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.