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

EPA is proposing to approve the State of Louisiana's request to relax the federal Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce in the Grant Parish 8-hour ozone attainment area (Grant Parish) during the summer high ozone season June 1 to September 15 of each year. Grant Parish is a designated attainment area under the 8-hour ozone National Ambient Air Quality Standard (``NAAQS'') and is a redesignated attainment area under the 1- hour ozone NAAQS. This action amends our regulations to change the summertime RVP standard for Grant Parish from 7.8 pounds per square inch (psi) to 9.0 psi. EPA has determined that this change to our federal RVP regulations is consistent with the applicable provisions of the Clean Air Act. Louisiana's request is supported by evidence that Grant Parish can implement the 9.0 psi RVP standard and maintain the 8- hour ozone NAAQS and that relaxation of the applicable RVP standard to 9.0 psi will provide economic benefits.

EPA is taking direct final action approving the State of Louisiana's request to relax the federal Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce in Grant Parish, Louisiana, (Grant Parish) during the summer ozone control seasonJune 1 to September 15 of each year. Grant Parish is a designated attainment area under the 8-hour ozone National Ambient Air Quality Standard (``NAAQS'') and is a redesignated attainment area under the 1-hour ozone NAAQS. This action amends our regulations to change the summertime RVP standard for Grant Parish from 7.8 pounds per square inch (psi) to 9.0 psi. EPA has determined that this change to our federal RVP regulations is consistent with the applicable provisions of the Clean Air Act. Louisiana's request is supported by evidence that Grant Parish can implement the 9.0 psi RVP standard and maintain the 8- hour ozone NAAQS and that relaxation of the applicable RVP standard to 9.0 psi will provide economic benefits. This action is being taken without prior proposal because EPA believes that this final rulemaking is noncontroversial, for the reasons set forth in this preamble, and due to the limited scope of this action.

This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any currently registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

The U.S. Environmental Protection is announcing the availability of a draft report titled, Draft Nanomaterial Research Strategy (EPA/600/S-08/002), which was prepared by EPA's Office of Research and Development (ORD). EPA is also announcing that Versar, Inc., an EPA contractor for external peer review, will convene a panel of experts and will organize and conduct an independent expert external peer meeting April 11, 2008, to review the draft document. Versar, Inc. invites the public to register to attend this meeting as observers. In addition, Versar, Inc. invites the public to give oral comments or provide written comments at the external peer review meeting regarding the draft document under review. The expert panel will review the draft document and consider public comments received prior to the meeting in the official public docket for this activity under docket ID number EPA-HQ-ORD-2008-0114 as well as comments made by the public at the meeting. The draft document is available through https:// www.regulations.gov and at https://es.epa.gov/ncer/nano/publications/ index.html. In preparing a final document, EPA will consider Versar, Inc.'s report of the comments and recommendations from the external peer-review meeting, as well as public comments. EPA plans to issue a final research strategy for nanomaterials in 2008. The public release of this draft document is solely for the purpose of seeking public comment and external peer review. This draft research strategy does not represent and should not be construed to represent any EPA policy, viewpoint, or determination.

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.

EPA is proposing to take direct final action approving a State Implementation Plan (SIP) revision submitted by the State of Colorado. On August 3, 2007, the Governor's designee submitted revisions to Colorado's Regulation No. 7, ``Emissions of Volatile Organic Compounds,'' Section XII, ``Volatile Organic Compounds (VOC) From Oil and Gas Operations.'' EPA is proposing to approve the revisions to Regulation No. 7, Section XII. This action is being taken under Section 110 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 non- controversial 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 the 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 combined residues of 1,3-dichloropropene and metabolites in or on grape. Dow AgroSciences, LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is proposing to approve three State Implementation Plan (SIP) revisions submitted by the Commonwealth of Virginia. These revisions pertain to the Commonwealth's motor vehicle inspection and maintenance (I/M) program for the Northern Virginia area, which had previously been SIP-approved by EPA. These revisions incorporate several changes made by the Commonwealth since EPA last approved the I/ M program as part of the SIP in 2002. The most significant change to the program is the incorporation of on-board diagnostic computer checks of 1996 and newer model year vehicles as an element of the emission inspection process for the Northern Virginia program area. In addition, Virginia has also made numerous minor changes to the program, including several changes to test procedures and standards, as well as changes to its roadside testing regimen. The I/M program helps to ensure that highway motor vehicles operate as cleanly as possible, by requiring vehicles to be periodically tested and by identifying vehicles having high emissions due to malfunctioning emission control systems. Such vehicles must then be repaired and retested by their owners, to the standards set by the Commonwealth's program. Vehicle I/M programs address nitrogen oxide and volatile organic compound emissions, both of which are precursors to formation of ground level ozone pollution, as well as the pollutant carbon monoxide. This action is being taken under the Clean Air Act (CAA).

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: Correction of Misreported Chemical Substances on the TSCA Inventory; EPA ICR No. 1741.05, OMB No. 2070-0145. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.

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 information collection and its estimated burden and cost.

Notice is hereby given of the intent to fully approve the Florida and South Carolina Coastal Nonpoint Pollution Control Programs (coastal nonpoint program) and of the availability of the draft decision documents fully approving the Florida and South Carolina coastal nonpoint programs. Section 6217 of the Coastal Zone Act Reauthorization Amendments (CZARA), 16 U.S.C. section 1455b, requires States and Territories with coastal zone management programs that have received approval under section 306 of the Coastal Zone Management Act, 16 U.S.C. section 1455, to develop and implement coastal nonpoint programs. Coastal States and Territories were required to submit their coastal nonpoint programs to the National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) for approval in July 1995. NOAA and EPA conditionally approved the Florida and South Carolina coastal nonpoint programs on November 18, 1997 and February 23, 1998, respectively. NOAA and EPA have drafted approval decisions describing how Florida and South Carolina have satisfied the conditions placed on their programs and therefore have a fully approved coastal nonpoint program. NOAA and EPA are making the draft decisions for the Florida and South Carolina coastal nonpoint programs available for a 30-day public comment period. If comments are received, NOAA and EPA will consider whether such comments are significant enough to affect the decision to fully approve the programs. Copies of the draft Approval Decisions can be found on the NOAA Web site at https://coastalmanagement.noaa.gov/czm/6217/findings.html or may be obtained upon request from: Allison Castellan, Coastal Programs Division (N/ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland 20910, phone (301) 713-3155, x125, e-mail Allison.Castellan@noaa.gov.

The EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine. This revision establishes transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. The intended effect of this action is to approve State criteria and procedures to govern transportation conformity determinations. This action is being taken in accordance with the Clean Air Act.

EPA is approving a revision to the Kansas State Implementation Plan (SIP) for the purpose of revoking the Sulfur Compound Emissions rule and for the purpose of approving revisions to the Class I major source operating permit annual emissions inventory rule and several Class II minor source operating permits rules. EPA is also approving an additional submittal by the State of Kansas pertaining to amendments of the Class II operating permit rules which were amended by the Kansas Department of Health and Environment (KDHE) on February 20, 1998, but had not previously been submitted for EPA approval. In addition, EPA is approving a revision to the Class II operating permit rules adopted in 2005. The Class II operating permit rules were primarily revised to align the annual emission inventory reporting date deadline with the June 1 payment of Annual Emissions Fee rule. EPA approval will ensure consistency between the state and the Federally-approved rules.

EPA is denying three petitions to amend or establish exemptions from pesticide tolerances because insufficient data were available to the Agency to make the safety finding of FFDCA section 408(c)(2): PP 2E6491 submitted by Hampshire Chemical Corporation to amend the inert ingredient tolerance exemption under 40 CFR 180.1207 for certain N-acyl sarcosines and sodium N-acyl sarcosinates, and PP 7E4810 (Crezasin) and PP 7E4811 (Mival) submitted by Globe Tech Industries Corporation to establish an inert ingredient tolerance exemption under Sec. 180.920.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address a lawsuit filed by the Battery Council International (``BCI'') in the United States Court of Appeals for the District of Columbia Circuit: Battery Council International v. EPA, No. 07-1364 (D.C. Cir.). On September 13, 2007, BCI filed a petition for review challenging regulations promulgated by EPA in a final rule entitled ``National Emission Standards for Hazardous Air Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving'' published at 72 FR 38864 (July 16, 2007) (the ``Battery NESHAP''). Specifically, BCI is challenging the Lead Acid Battery Manufacturing NESHAP regarding the scope of the performance test requirement in Subpart PPPPPP, 40 CFR 63.11423(c)(1). Under the terms of the proposed settlement agreement, EPA shall sign a notice of proposed rulemaking and/or direct final rulemaking that contains a technical amendment to the Battery NESHAP that is substantially the same in substance as set forth in Attachment A of the proposed settlement agreement.

EPA is issuing amendments to the national emission standards for hazardous air pollutants (NESHAP) for iron and steel foundries. These final amendments add alternative compliance options for cupolas at existing foundries and clarify several provisions to increase operational flexibility and improve understanding of the final rule requirements.

This notice announces EPA's amendment to and clarification of the order for the termination of uses, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide disulfoton, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This amendment and clarification follows an October 10, 2007 Federal Register Notice of Order to Amend Registrations to Terminate Uses (72 FR 57571) of disulfoton (Di-Syston 15G) for multiple uses. The October 10, 2007 order and the December 15, 2004, Notice of Receipt of Request (69 FR 75061) that preceded the order were unclear as to whether the use of Di-Syston 15G on Fraser fir Christmas trees was terminated, except for use in the State of North Carolina. In addition, the registrant had withdrawn its request to terminate use of Di-Syston 15G on Christmas trees outside of North Carolina during the time allowed and EPA issued the order without having processed that withdrawal. Accordingly, EPA hereby is amending the order to clarify that use of disulfoton on Fraser fir Christmas trees is allowed nationwide.

EPA issued a notice in the Federal Register of December 13, 2007, announcing EPA's plan to submit a request for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is entitled: ``Tier 1 Screening of Certain Chemicals Under the Endocrine Disruptor Screening Program (EDSP)'' and identified by EPA ICR No. 2249.01 and OMB Control No. 2070-new. The December 13, 2007 document provided for a 60 day public comment period ending February 11, 2008. EPA received several requests from the public to extend this comment period. This document extends the comment period for 30 days, from February 11, 2008, to March 12, 2008.

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.

The Tribal Pesticide Program Council will hold a 2-1/2 day meeting, beginning on March 5, 2008 and ending March 7, 2008. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a meeting of the Gulf of Mexico Program (GMP) Citizens Advisory Committee (CAC). For information on access or services for individuals with disabilities, please contact Gloria Car, U.S. EPA, at (228) 688-2421 or car.gloria@epa.gov. To request accommodation of a disability, please contact Gloria Car, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

The EPA indicated that reports being reviewed by the ACSERAC would be incorporated into a scientific assessment to be published by the U.S. Climate Change Science Program and that the public would have a chance to review and comment on the scientific assessment in April 2008. The availability of the scientific assessment for public review and comment is incorrect.

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.

The Environmental Protection Agency (EPA) is reopening the comment period for the Notice of Data Availability (NODA) entitled ``Notice of Data Availability on the Disposal of Coal Combustion Wastes in Landfills and Surface Impoundments.'' This NODA announces the availability of new information and data concerning the management of coal combustion wastes (CCW) in landfills and surface impoundments that will be used by the Agency to inform its decisionmaking regarding its Regulatory Determination for CCW disposed of in landfills and surface impoundments. This NODA was published on August 29, 2007 (72 FR 49714), and the comment period was scheduled to close on November 27, 2007. However, a number of environmental groups requested additional time to respond to the issues raised in the NODA and its accompanying documents. Consequently, the Agency extended the comment period an additional 60 days to January 28, 2008 (72 FR 57572). The same group of commenters then requested a short amount of additional time to finish gathering information that they believe is necessary to complete their comments. Therefore, we are reopening the comment period from the date of publication of this notice to close on February 11, 2008.

The Environmental Protection Agency (EPA) Region 6 is issuing a notice of intent to delete the Industrial Waste Control Superfund Site located in Fort Smith, Arkansas 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 Arkansas, through the Arkansas Department of Environmental Quality (ADEQ), 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 this Federal Register, we are publishing a direct final notice of deletion of the Industrial Waste Control 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 direct final deletion. If we receive no adverse comment(s) on 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 located in the Rules section of this Federal Register.