Environmental Protection Agency 2007 – Federal Register Recent Federal Regulation Documents

EPA is taking direct final action under the Clean Air Act to approve a revision to the San Francisco Bay Area portion of the California 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. The intended effect is to update the transportation conformity criteria and procedures in the applicable SIP.

EPA is taking final action to approve a revision to the Florida State Implementation Plan (SIP) submitted on March 16, 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 has determined that the SIP revision fully implements the CAIR requirements for Florida. As a result of this action, EPA will also withdraw, through a separate rulemaking, the CAIR Federal Implementation Plans (FIPs) concerning sulfur dioxide (SO2), nitrogen oxides (NOX) annual, and NOX ozone season emissions for Florida. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006, and subsequently revised on December 13, 2006. CAIR requires States to reduce emissions of SO2 and NOX that significantly contribute to, and interfere with maintenance of, the National Ambient Air Quality Standards (NAAQS) for fine particulates (PM2.5) and/or ozone in any downwind state. CAIR establishes State budgets for SO2 and NOX and requires States to submit SIP revisions that implement these budgets in States that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is approving today, Florida has met the CAIR requirements by electing to participate in the EPA-administered cap- and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions.

EPA hereby gives notice of the option to exclusively license an invention for a specific field of use. Such a license would be royalty-bearing, revocable, and limited to a field of use associated with the invention described and claimed in the patent listed below, all U.S. patents issuing therefrom, and all reexamined and reissued patents granted in the United States in connection with such patent. The patent is: U.S. Patent No. 6,821,425, entitled ``Biomass Concentrator Reactor,'' issued November 23, 2004.

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 to approve a State Implementation Plan (SIP) revision submitted by the State of South Dakota on August 8, 2006. The August 8, 2006 submittal revises the Administrative Rules of South Dakota, Air Pollution Control Program, by modifying the chapters pertaining to definitions, ambient air quality, air quality episodes, operating permits for minor sources, performance testing, control of visible emissions, and continuous emission monitoring systems. The intended effect of this action is to make these revisions federally enforceable. We are also announcing that on July 19, 2007, we updated the delegation of authority for the implementation and enforcement of the New Source Performance Standards to the State of South Dakota. These actions are being taken under sections 110 and 111 of the Clean Air Act. In the ``Rules and Regulations'' 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 SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

This regulation establishes a tolerance for the combined residues of the insecticide spinetoram, in or on acerola; almond, hulls; amaranth grain, grain; apple, wet pomace; artichoke, globe; asparagus; atemoya; avocado; banana; beet, sugar, molasses; biriba; brassica, head and stem, subgroup 5A; brassica, leafy greens, subgroup 5B; bushberry, subgroup 13B; caneberry, subgroup 13A; canistel; cattle, fat; cattle, liver; cattle, meat; cattle, meat byproducts (except liver); cherimoya; citrus, dried pulp; citrus, oil; corn, sweet, kernel plus cob with husks removed; cotton, gin byproducts; cotton, undelinted seed; cranberry; custard apple; egg; feijoa; fig; fruit, citrus, group 10; fruit, pome, group 11; fruit, stone, group 12; goat, fat; goat, liver; goat, meat; goat, meat byproducts (except liver); grain, aspirated fractions; grain, cereal, group 15, except rice, sorghum, pearl millet and proso millet; grain, cereal, group 16, forage; grain, cereal, group 16, hay; grain, cereal, group 16, stover; grain, cereal, straw, group 16, except rice; grape; grape, raisin; guava; herb, dried, subgroup 19A; herb, fresh, subgroup 19A; hog, fat; hog, meat; hog, meat byproducts; horse, fat; horse, liver; horse, meat; horse, meat byproducts (except liver); llama; jaboticaba; juneberry; lingonberry; longan; lychee; mango; milk; milk, fat; millet, pearl, grain; millet, proso, grain; nut, tree, group 14; okra; onion, green; papaya; passionfruit; pea and bean, dried shelled, except soybean, subgroup 6C; pea and bean, succulent shelled, subgroup 6B; peanut; peanut, hay; peppermint, tops; pistachio; poultry, fat; poultry, meat; poultry, meat byproducts; pulasan; rambutan; salal; sapodilla; sapote, black; sapote, mamey; sapote, white; sheep, fat; sheep, liver; sheep, meat; sheep, meat byproducts (except liver); sorghum, grain, grain; soursop; soybean, seed; spanish lime; spearmint, tops; star apple; star fruit; strawberry; sugar apple; ti, leaves; vegetable, bulb, group 3, except green onion; vegetable, cucurbit, group 9; vegetable, foliage of legume, group 7; vegetable, fruiting, group 8; vegetable, leafy, except brassica, group 4; vegetable, leaves of root and tuber, group 2; vegetable, legume, edible podded, subgroup 6A; vegetable, root and tuber, group 1; watercress; and wax jambu. Dow AgroSciences, LLC requested this tolerance under the Federal Food, Drug and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee (CASAC) Oxides of Nitrogen (NOX) and Sulfur Oxides (SOX) Secondary National Ambient Air Quality Standards (NAAQS) Review Panel (CASAC Panel) to conduct a consultation on EPA's Draft Plan for Review of the Secondary National Ambient Air Quality Standards for Nitrogen Dioxide and Sulfur Dioxide (September 2007).

This regulation establishes tolerances for residues of furilazole (3-dichloroacetyl-5-(2-furanyl)-2, 2-dimethyloxazolidine; (CAS Reg. No. 121776-33-8) under 40 CFR 180.471 when used as a pesticide inert ingredient safener on the sorghum commodities forage, grain, and stover at 0.01 parts per million (ppm). The Monsanto Company 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.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Working Committee on Working Committee on Water Quality & Pesticide Disposal (WC/WQ/PD) will hold a 2-day meeting, beginning on October 29, 2007 and ending October 30, 2007. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

EPA is transferring the management of the polychlorinated biphenyl (PCB) cleanup program and most of the PCB disposal program from the Office of Prevention, Pesticides and Toxic Substances (OPPTS) to the Office of Solid Waste and Emergency Response (OSWER). This final rule is a rule of agency organization, procedure, or practice. It makes minor amendments to 40 CFR parts 750 and 761, to update certain titles, organization references, and mailing and website addresses so that required procedures for providing information and seeking approvals will be consistent with EPA's new internal organization for managing the PCB program. OPPTS currently manages the PCB program under the Toxic Substances Control Act (TSCA) and its regulations. OSWER is the office within EPA that manages most cleanup and disposal activities under the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). After the administrative transfer is completed, OSWER will oversee most issues pertaining to PCB cleanup and disposal under TSCA, RCRA, and CERCLA, as appropriate; OPPTS will continue to oversee other issues pertaining to PCBs (e.g., issues pertaining to PCB use) under TSCA. The transfer of the management of the PCB cleanup and disposal program from OPPTS to OSWER will consolidate administration of cleanup and disposal activities within one office. The transfer will not make any substantive changes to the regulatory requirements or standards for PCB cleanup and disposal under TSCA.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee's (CASAC) Oxides of Nitrogen (NOX) and Sulfur Oxides (SOx) Primary NAAQS Review Panel (Panel) to conduct a peer review of EPA's Integrated Science Assessment for Oxides of NitrogenHealth Criteria (First External Review Draft) (EPA/600/R-07/093, August 2007) and to conduct a consultation on the EPA's Nitrogen Dioxide Health Assessment Plan: Scope and Methods for Exposure and Risk Assessment.

EPA is approving revisions to the South Carolina State Implementation Plan (SIP) submitted on August 14, 2007. These revisions incorporate provisions related to the implementation of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005 and subsequently revised on April 28, 2006 and December 13, 2006, and the CAIR Federal Implementation Plans (FIPs) concerning sulfur dioxide (SO2), nitrogen oxides (NOX) annual, and NOX ozone season emissions for the State of South Carolina, promulgated on April 28, 2006 and subsequently revised December 13, 2006. EPA is not making any changes to the CAIR FIPs, but is amending the appropriate appendices in the CAIR FIP trading rules simply to note this approval. On September 19, 2007, South Carolina requested that EPA only act on a portion of the August 14, 2007, submittal as an abbreviated SIP. Consequently, EPA is approving the abbreviated SIP revisions that address the methodology to be used to allocate annual and ozone season NOX allowances under the CAIR FIPs as well as opt-in provisions for the SO2, NOX annual, and NOX ozone season trading programs. South Carolina also requested that EPA approve compliance supplement pool (CSP) provisions for the NOX annual trading program.

Michigan has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Michigan's application and has preliminarily determined that these changes satisfy all requirements needed to qualify for final authorization, and is proposing to authorize the State's changes.

Pursuant to section 183(e)(3)(C) of the Clean Air Act, EPA has determined that control techniques guidelines will be substantially as effective as national regulations in reducing emissions of volatile organic compounds in ozone national ambient air quality standard nonattainment areas from the following three Group III product categories: paper, film, and foil coatings; metal furniture coatings; and large appliance coatings. Based on this determination, EPA is issuing control techniques guidelines in lieu of national regulations for these product categories. These control techniques guidelines will provide guidance to the States concerning EPA's recommendations for reasonably available control technology-level controls for these product categories. EPA further takes final action to list the three Group III consumer and commercial product categories addressed in this notice pursuant to Clean Air Act section 183(e).

EPA's comments on the draft EIS have not been addressed or incorporated into the final EIS. Accordingly, EPA continues to have environmental concerns related to riparian area condition, water quality, drought management plans, soil quality and the degree of planning and commitment to adaptive management. Rating EC2. EIS No. 20070247, ERP No. D-NRC-C06017-NY, GENERICJames A. Fitzpatrick Nuclear Power Plant, License Renewal of Nuclear Plant, Site Specific Supplement 31 to NUREG-1437, Town of Sriba, NY. Summary: EPA expressed environmental concern about entrainment issues and requested an analysis of intentional destructive acts. Rating EC2. EIS No. 20070266, ERP No. D-SFW-B64005-00, Lake Umbagog National Wildlife Refuge, Comprehensive Conservation Plan, 15 Year Guidance for Management of Refuge Operations, Habitat and Visitor Services, Implementation, Coos County, NH and Oxford County, ME. Summary: EPA does not object to the proposed project. Rating LO. EIS No. 20070278, ERP No. D-FHW-K40264-CA, Tier 1Placer Parkway Corridor Preservation Project, Select and Preserve a Corridor for the Future Construction from CA-70/99 to CA 65, Placer and Sutter Counties, CA. Summary: EPA expressed environmental concerns about water quality and air quality impacts and growth-inducing effects to aquatic and biological resources. Rating EC2. EIS No. 20070289, ERP No. D-SFW-K99037-AZ, Horseshoe and Bartlett Reservoirs Project, To Store and Release Water, Issuance of an Incidental Take Permit for Operation, Located Northeast of Phoenix, Maricopa and Yavapai Counties, AZ. Summary: EPA does not object to the proposed project. Rating LO. EIS No. 20070327, ERP No. D-FTA-G59003-TX, Denton to Carrollton Regional Rail Corridor Project, Transportation Improvements between Downtown Denton and the Dallas Area Rapid (DART) System, Right-of-Way Grant, Denton and Dallas Counties, TX. Summary: EPA expressed environmental concerns about wetland and air quality impacts. Rating EC2. EIS No. 20070216, ERP No. DS-AFS-L65369-00, Southwest Idaho Ecogroup Land and Resource Management Plan, Additional Information Concerning Terrestrial Management Indicator Species (MIS), Boise National Forest, Payette National Forest and Sawtooth National Forest, Forest Plan Revision, Implementation, Several Counties, ID; Malhaur County, OR and Box Elder County, UT. Summary: EPA supports the management directions and objectives to improve land condition based on MIS habitat, as well as reducing grazing when needed. Rating LO. EIS No. 20070273, ERP No. DS-MMS-E02011-00, Eastern Planning Area Outer Continental Shelf (OCS) Oil and Gas Lease Sale 224, Gulf of Mexico Offshore Marine Environment and Coastal Parshes/ Counties of LA, MS, AL, and North Western Florida. Summary: EPA expressed environmental concerns about air quality impacts and impacts related to oil spills and drilling discharges. Rating EC2. EIS No. 20070338, ERP No. DS-TVA-E65073-TN, Watts Bar Reservoir Land Management Plan, Amend and Update the 2005 Plan, Guide Land Use Approvals, Private Water Use Facility, and Resource Management Decisions, Loudon, Meigs, Rhea and Roane Counties, TN. Summary: EPA continues to have environmental concerns about reservoir water quality and shoreline habitat impacts, and prefers the selection of the Modified C alternative due to the reduced development, which would reduce impacts to reservoir water quality and shoreline habitat. Rating EC1. EIS No. 20070346, ERP No. DS-AFS-K65281-CA, Brown Project, Revised Proposal to Improve Forest Health by Reducing Overcrowded Forest Stand Conditions, Trinity River Management Unit, Shasta-Trinity National Forest, Weaverville Ranger District, Trinity County, CA. Summary: EPA supports the additional road decommissioning to address our concerns with impacts to water quality. However, EPA continues to have environmental concerns about cumulative impacts to air quality, and suggests monitoring and mitigation measures if warranted. Rating EC2.

Region 8 of EPA is hereby giving notice of its reissuance of the National Pollutant Discharge Elimination System (NPDES) general permits for facilities or operations that generate, treat, and/or use/ dispose of sewage sludge by means of land application, landfill, and surface disposal in the States of CO, MT, ND, and WY and in Indian country in the States of CO, MT, ND, SD, WY and UT (except for the Goshute Indian Reservation and the Navajo Indian Reservation). The effective date of the general permits is October 19, 2007. The NPDES permit numbers and the areas covered by each general permit are listed below.

EPA is taking direct final action to approve a revision to the Pennsylvania State Implementation Plan (SIP) that was submitted on March 19, 2007 by the Pennsylvania Department of the Environment. This revision is a conversion of the currently approved full maintenance plan for carbon monoxide for the years 2007-2017, to a maintenance plan that will utilize a limited maintenance plan option for the same period. This will allow Federal actions requiring conformity determinations to be considered as automatically satisfying the budget test for carbon monoxide. EPA is approving these revisions to the Philadelphia County carbon monoxide maintenance plan in accordance with the requirements of the Clean Air Act (the Act). This action is being taken under section 110 of the Act.

EPA is approving revisions to the North Carolina State Implementation Plan (SIP) submitted by the State of North Carolina, through the North Carolina Department of Environmental and Natural Resources on August 7, 2006. These revisions incorporate provisions related to the implementation of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006, and the CAIR Federal Implementation Plan (FIP) concerning sulfur dioxide (SO2), nitrogen oxides (NOX) annual, and NOX ozone season emissions for the State of North Carolina, promulgated on April 28, 2006, and subsequently revised December 13, 2006. EPA is not making any changes to the CAIR FIP, but is amending, to the extent EPA approves North Carolina's SIP revisions, the appropriate appendices in the CAIR FIP trading rules simply to note that approval. On July 3, 2007, North Carolina requested that EPA only act on a portion of the August 7, 2006, submittal as an abbreviated SIP. Consequently, EPA is approving the abbreviated SIP revisions that address the methodology to be used to allocate annual and ozone season NOX allowances to existing and new units under the CAIR FIPs and CAIR FIP opt-in provisions.

EPA is announcing a 45-day public comment period for the external review draft document titled, ``An Exploratory Study: Assessment of Modeled Dioxin Exposure in Ceramic Art Studios'' (EPA/ 600/R-06/044A). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. For the external scientific peer review, EPA has contracted with Eastern Research Group (ERG) to convene an independent panel of experts and organize and conduct an external peer-review workshop. The date and location for the external peer-review workshop will be announced in a separate Federal Register notice. The public comment period and the external peer-review workshop are separate processes that provide opportunities for all interested parties to comment on the document. In addition to consideration by EPA, all public comments submitted in accordance with this notice will also be forwarded to EPA's contractor for the external peer-review panel's consideration prior to the workshop. EPA is releasing this external review 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.

The Environmental Protection Agency (EPA) is proposing to amend the EPA Acquisition Regulation (EPAAR) to add policy, procedures, and contract clauses for the use of award term incentives. This rule makes two administrative changes to the EPAAR. One change is to reflect the General Services Board of Contract Appeals as EPA's new forum for appeals under the Contract Disputes Act of 1978. The other change corrects a numbering error in Subpart 1516.4.

The United States Environmental Protection Agency is announcing the 2007 Fall Meeting of the Ozone Transport Commission (OTC). This OTC meeting will explore options available for reducing ground-level ozone precursors in a multi-pollutant context.

This Determination of Acceptability expands the list of acceptable substitutes for ozone-depleting substances under the U.S. Environmental Protection Agency's (EPA) Significant New Alternatives Policy (SNAP) program. The determinations concern new substitutes for use in the refrigeration and air conditioning sector.

EPA is approving a revision to the Kentucky State Implementation Plan (SIP) submitted on July 19, 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 has determined that the SIP revision fully implements the CAIR requirements for Kentucky. Therefore, as a consequence of the SIP approval, EPA will also withdraw the CAIR Federal Implementation Plans (FIPs) concerning sulfur dioxide (SO2), nitrogen oxides (NOX) annual, and NOX ozone season emissions for Kentucky. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006, and subsequently revised on December 13, 2006. CAIR requires States to reduce emissions of SO2 and NOX that significantly contribute to, and interfere with maintenance of, the national ambient air quality standards for fine particulates and/or ozone in any downwind state. CAIR establishes State budgets for SO2 and NOX and requires States to submit SIP revisions that implement these budgets in States that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is approving, Kentucky would meet CAIR requirements by participating in the EPA- administered cap-and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions.

EPA is proposing to establish by rule that there is no need for a tolerance or tolerance exemption under the Federal Food Drug and Cosmetic Act (FFDCA) for the use of the fungicide thiabendazole as a seed treatment on dry peas. This determination is based on EPA's finding that any residues that remain in food from this use will be both non-detectable and below the level of regulatory concern.

An Exposure Modeling Public Meeting (EMPM) will be held for one day on October 30, 2007. This notice announces the location and time for the meeting and sets forth the tentative agenda topics.