Environmental Protection Agency 2007 – Federal Register Recent Federal Regulation Documents

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).

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).

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.

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).

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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'').

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.

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.

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.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on January 31, 2008. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

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

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

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from April 29, 2007 to August 3, 2007, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

EPA is proposing to approve the State Implementation Plan (SIP) revisions submitted by the South Carolina Department of Health and Environmental Control (SC DHEC) on November 19, 2004, for the purpose of incorporating EPA's July 18, 1997, revisions to the National Ambient Air Quality Standards and to ensure consistency between state and Federal regulations. The proposed revisions consist of the amendments published in the South Carolina State Register on September 24, 2004, revising Regulation 61-62.5, Standard Number 2, Ambient Air Quality Standards. In the Final Rules Section of this Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

This regulation establishes tolerances for residues of pyriproxyfen in or on animal feed, nongrass, group 18, forage; animal feed, nongrass, group 18, hay; animal feed, nongrass, group 18, seed; banana; beet, sugar, dried pulp; cacao bean, dried; caneberry, subgroup 13-A; canola, seed; coffee, instant; coffee, green bean; cranberry; date; grain, cereal, group 15; grain, cereal, forage, fodder and straw, group 16; pawpaw; peanut; pineapple; pineapple, process residue; pomegranate; potato, chips; potato, granules/flakes; potato, wet peel; rice, hulls; safflower, seed; sesame, seed; sugarcane; tea; vegetable, bulb, group 3, except onion, bulb; and vegetable, root and tuber, group 1. Interregional Research Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 08540 requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).