Environmental Protection Agency January 2008 – Federal Register Recent Federal Regulation Documents

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.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of West Virginia for the purpose of amending the 8-hour ozone maintenance plan for the Charleston area. This revision amends the maintenance plans' 2009 and 2018 motor vehicle emissions budgets (MVEBs) by reallocating a portion of the plans' safety margins which results in an increase in the MVEBs. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal 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 action, 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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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. Any parties interested in commenting on this action should do so at this time.

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 York (York and Adams Counties) ozone nonattainment area (York Area) be redesignated as attainment for the 8-hour ozone ambient air quality standard (NAAQS). EPA is approving the ozone redesignation request for York Area. In conjunction with its redesignation request, PADEP submitted a SIP revision consisting of a maintenance plan for York Area, which EPA is approving, that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is also approving the motor vehicle emission budgets (MVEBs) and the adequacy determination for those MVEBs that are identified in the York Area maintenance plan for purposes of transportation conformity. In addition, EPA is approving the 2002 base year inventory for the York Area that PADEP submitted. EPA is approving the redesignation request, 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).

EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of West Virginia. The revision amends the 8-hour ozone maintenance plan for the Charleston area. This revision amends the maintenance plans' 2009 and 2018 motor vehicle emissions budgets (MVEBs) by reallocating a portion of the plans' safety margins which results in an increase in the MVEBs. The revised plan continues to demonstrate maintenance of the 8-hour national ambient air quality standard (NAAQS) for ozone. EPA is approving this SIP revision to the West Virginia maintenance plan for Charleston in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) amends 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 Civilian 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.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE). This revision pertains to regulations for emission limitations at 15 Maryland power plants. The State requested that regulations establishing statewide tonnage caps for emissions of NOX and SO2 from 15 coal-fired electric generating units in Maryland be approved. These regulations also establish monitoring and reporting requirements, and authorize the MDE to reduce or waive penalties for non-compliance under certain conditions and provide for judicial review of decisions by the MDE to grant a reduction or waiver of penalties. This action is being taken under the Clean Air Act (CAA).

EPA is taking direct final action to approve revisions to the San Joaquin Valley Air Pollution Control District (SJVAPCD) and Sacramento Metropolitan Air Quality Management District (SMAQMD) portions of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from internal combustion engines and stationary gas turbines. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This regulation establishes an exemption from the requirement of a tolerance for residues of the insecticide, Poly(hexamethylenebiguanide) hydrochloride (PHMB) on all food when residues are the result of lawful application of a food contact surface sanitizer containing PHMB as a sanitizer solution in food handling establishments when applied as a sanitizer. Arch Chemicals 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. This regulation eliminates the need to establish a maximum permissible level for residues of PHMB.

EPA has granted an experimental use permit (EUP) to the following pesticide applicant. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit.

This regulation establishes, increases, and removes tolerances for residues of difenoconazole and also establishes tolerances for combined residues of difenoconazole and its metabolite, CGA-205375, in or on various commodities. In addition, this regulation revokes tolerances for secondary residues in poultry, fat, meat, and meat byproducts. Syngenta Crop Protection, Inc., requested these tolerances under the Federal, Food, Drug, and Cosmetic Act (FFDCA).

This action promulgates national emission standards for hazardous air pollutants (NESHAP) for area sources engaged in paint stripping, surface coating of motor vehicles and mobile equipment, and miscellaneous surface coating operations. EPA has listed ``Paint Stripping,'' ``Plastic Parts and Products (Surface Coating),'' and ``Autobody Refinishing Paint Shops'' as area sources of hazardous air pollutants (HAP) that contribute to the risk to public health in urban areas under the Integrated Urban Air Toxics Strategy. This final rule includes emissions standards that reflect the generally available control technology or management practices in each of these area source categories. ``Plastic Parts and Products (Surface Coating)'' has been renamed ``Miscellaneous Surface Coating,'' and ``Autobody Refinishing Paint Shops'' has been renamed ``Motor Vehicle and Mobile Equipment Surface Coating'' to more accurately reflect the scope of these source categories.

The EPA recently finalized changes to the data handling conventions and computations necessary for determining when the annual and 24-hour national ambient air quality standards (NAAQS) for fine particles (generally referring to particles less than or equal to 2.5 micrometers ([mu]m) in diameter, PM2.5) are met. These changes were made in support of revisions to the NAAQS for particulate matter (PM) that were finalized in the same rulemaking. Following the publication of this rule, an omission was discovered in the rule text explaining the procedures for calculating the key statistic (98th percentile) involved with determining compliance with the 24-hour PM2.5 standard in locations where extra samples of PM2.5 in ambient air were taken above the intended sampling frequency. If the error in the regulatory text is left unchanged, the resulting statistic for calculating compliance with the 24-hour PM2.5 standard would be biased low at some samplers, leading to potentially incorrect determinations that an area was attaining the NAAQS. The EPA is proposing to correct this error. The proposed correction involves the replacement of the currently used statistical formula and instructions with a simpler look-up table approach which is easier for readers to understand and which retains the originally intended numerical consistency with EPA's historical practice.

The EPA is proposing to revise its regulations relating to the Clean Air Act (CAA) requirement that Federal actions conform to the appropriate State, Tribal or Federal implementation plan for attaining clean air (``general conformity''). EPA has only revised the General Conformity Regulations once since they were promulgated in 1993 to include de minimis emission levels for fine particulate matter and its precursors (July 17, 2006). Over this period, EPA and other Federal agencies have gained experience with the implementation of the existing regulations and have identified several issues with their implementation. In addition, in 2004 EPA issued regulations to implement the revised ozone standard and in 2007 issued regulations to implement the new fine particulate matter standard. These regulations could affect the timing and process for general conformity determinations. State and other air quality agencies are in the process of developing revised plans to attain the new standards and the proposed revisions to the General Conformity Regulations will be helpful to the State, Tribe, and local agencies as well as the Federal agencies in developing and commenting on the proposed SIP revisions. This proposed rule revision provides for a streamline process for Federal agencies and States and Tribes to ensure Federal activities are incorporated in these State implementation plans (SIPs). Where that is not possible it provides an efficient and effective process for Federal agencies to ensure their actions do not cause or contribute to a violation of the national ambient air quality standards (NAAQS) or interfere with the purpose of a State, Tribal or Federal implementation plan to attain or maintain the NAAQS.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463 as amended (5 U.S.C., App. 2), notification is hereby given that the U.S. Environmental Protection Agency, Office of Research and Development (ORD) will hold a public conference call meeting of the HICCAC. This public conference call meeting is a follow-up to the public meeting that was held on October 15-16, 2007 (72 FR 52877, September 17, 2007). The U.S. District Court for the District of Northern California has ordered the interagency U.S. Climate Change Science Program (CCSP) to produce the periodic scientific assessment of climate change required by the Global Change Research Act of 1990 by May 31, 2008 (Center for Biological Diversity v. Brennan, et al., 2007 WL 2408901 [No. 06-7062, Aug. 21, 2007]). Synthesis and Assessment Product 4.6, which is being reviewed by the HICCAC, is an integral component of this assessment. The CCSP has directed EPA to complete and submit a final draft of Product 4.6 to the CCSP by January 31, 2008. To meet this deadline, the HICCAC is holding this conference call meeting to review its final report on this product. This notice is being published less than 15 days before the teleconference. Product 4.6 is a large document that has been developed under an unusually short time frame, with impacts on the authors' and committee members' schedules. January 14 is the only date that the Committee is available to hold this conference call meeting. Since EPA will likely have to make changes to the document following the teleconference, delaying this meeting would cause EPA to be late in submitting this product to the CCSP. Participants will discuss the revisions to the document that were a result of the public meeting in October. The CCSP expects to release the draft scientific assessment in April 2008. Interested parties will have an opportunity to review and comment on the entire scientific assessment, including Product 4.6, when it is released to the public. Public Participation: Members of the public may submit written comments to Joanna Foellmer, Designated Federal Official, HICCAC (see the FOR FURTHER INFORMATION CONTACT section below). In addition, members of the public may call into the conference call meeting as observers, and there will be a limited time for comments from the public. Please contact Joanna Foellmer no later than COB January 10, 2008, if you wish to make oral comments during the conference call meeting. Requests to make oral comments must be in writing (via e-mail, fax or ground mail). Please send a copy of your presentation to Joanna Foellmer by January 12, 2008. Information on services for the disabled may be obtained by contacting Joanna Foellmer. Agenda: The proposed agenda for the conference call includes, but is not limited to, a review of the revised Synthesis and Assessment Product (SAP 4.6) that analyzes the impacts of global change on human health, human settlements, and human welfare. The HICCAC will respond to the changes made to the final report based on the review of an earlier draft of the report. There will be a discussion by the HICCAC panel with respect to their individual and collective assessment of the revised SAP 4.6 report. A draft agenda may be obtained from Joanna Foellmer (see the FOR FURTHER INFORMATION CONTACT section below).

EPA is granting Michigan final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA published a proposed rule on October 9, 2007 at 72 FR 57258 and provided for public comment. The public comment period ended on November 8, 2007. We received no comments. No further opportunity for comment will be provided. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and is authorizing the State's changes through this final action.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Good Neighbor Environmental Board (GNEB) will meet in a public teleconference on January 28, 2008, from 12 p.m. to 1:30 p.m. Eastern Time. The meeting will be hosted out of the main conference room, Office of Cooperative Environmental Management (OCEM), U.S. Environmental Protection Agency (EPA) East Building, 1201 Constitution Ave., NW., Washington, DC 20004. The meeting is open to the public; however, due to limited space, seating will be on a registration-only basis. For further information regarding the teleconference meeting, please contact the individuals listed below. Background: GNEB is a federal advisory committee chartered under the Federal Advisory Committee Act, Public Law 92-463. GNEB provides advice and recommendations to the President and Congress on environmental and infrastructure issues along the U.S. border with Mexico. Purpose of Meeting: After extensive research, analysis, and outreach, GNEB has prepared its final draft Eleventh Report with recommendations on how the federal government can most effectively support communities located along the U.S. border adjoining Mexico with preparation for, and the management of, natural disasters. The purpose of this teleconference is for the Board to conduct a final review and decide whether to approve its draft report. Availability of Materials: If you wish to receive a copy of the draft report, please contact Designated Federal Officer (DFO), Elaine Koerner, at the address below.

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.

The Environmental Protection Agency (EPA or Agency) is providing notice of the availability of ``Final Update IV'' to the Third Edition of the manual, ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA publication SW-846. Final Update IV contains new and revised analytical methods that may be used in monitoring or complying with the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations.

This regulation establishes tolerances for the combined residues of trifloxystrobin, and its free form acid metabolite in or on asparagus; papaya; sapote, black; canistel; sapote, mamey; mango; sapodilla; star apple; vegetable, root, except sugar beet, subgroup 1B; radish, tops; fruit, citrus, group 10; citrus, oil; citrus, dried pulp; and strawberry. Interregional Research Project Number 4 (IR-4), and Bayer Crop Science requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA issued a notice in the Federal Register of November 16, 2007 concerning the availability of EPA's updated human health and ecological effects risk assessments for the organochlorine pesticide endosulfan, based in part on data recently submitted by endosulfan registrants as required in the 2002 Reregistration Eligibility Decision (RED). The Agency is seeking comment on these updated assessments, as well as EPA's analysis of endosulfan usage information since the 2002 RED and its preliminary determinations regarding endosulfan's importance to growers and availability of alternatives. This document is extending the comment period from January 16, 2008, to February 19, 2008.

EPA is taking direct final action to approve revisions to the Monterey Bay Unified Air Pollution Control District (MBUAPCD) and San Joaquin Valley Air Pollution Control District (SJVAPCD) portions of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are approving local rules that address circumvention, reduction of animal matter, and volatile organic compound (VOC) emissions from gasoline bulk storage tanks, gasoline filling stations, petroleum refinery equipment, and petroleum solvent dry cleaning.

EPA is issuing national emission standards for hazardous air pollutants for two area source categories (iron foundries and steel foundries). The requirements for the two area source categories are combined in one subpart. The final rule establishes different requirements for foundries based on size. Small area source foundries are required to comply with pollution prevention management practices for metallic scrap, the removal of mercury switches, and binder formulations. Large area source foundries are required to comply with the same pollution prevention management practices as small foundries in addition to emissions standards for melting furnaces and foundry operations. The final standards reflect the generally achievable control technology and/or management practices for each subcategory.