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

EPA expressed environmental concerns about potential impacts to wetlands, air quality, and environmental justice communities. Rating EC2.

On or about March 3, 2008, the Office of Air Quality Planning and Standards (OAQPS) of EPA will make available for public review and comment a number of technical documents that discuss monitoring issues being addressed in EPA's review of the national ambient air quality standards (NAAQS) for lead. These technical documents will be used as part of a consultation with the Clean Air Scientific Advisory Committee (CASAC) Ambient Air Monitoring & Methods (AAMM) Subcommittee (Subcommittee).

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Ambient Air Monitoring & Methods (AAMM) Subcommittee of the Clean Air Scientific Advisory Committee (CASAC) to conduct a consultation concerning ambient air monitoring issues related to the National Ambient Air Quality Standards (NAAQS) for lead, including issues associated with alternative lead indicators.

EPA is withdrawing the January 30, 2008 (73 FR 5435), direct final rule approving revisions to the State of Illinois' rules for its Emission Reduction Market System (ERMS). In the direct final rule, EPA commented on statements in and implications of a memorandum from Robert Meyers, Principal Deputy Assistant Administrator for Air and Radiation, to EPA's Regional Administrators dated October 3, 2007. (The rule gave an incorrect date of October 7, 2007.) The memorandum addresses the status of new source review criteria for ozone nonattainment areas based on a decision by the Court of Appeals for the DC Circuit in the case of South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). In commenting upon the memorandum of Robert Meyers in the direct final rule of January 30, 2008, Region 5 unintentionally addressed an issue of national policy. As the issue is one of national policy, the implications of the Court ruling should only be addressed in national guidance and rulemaking. Notwithstanding our observations regarding the implications of the Robert Meyers memorandum, the rationale for proposing to approve the ERMS rule revisions did not rely on these observations, and so the soundness of EPA's proposal is not affected. Therefore, EPA is withdrawing the January 30, 2008, direct final rule, but announcing today that the associated proposed rule will stand as a proposed rule. (See 73 FR 5471). Comments on the proposed rule continue to be due on February 29, 2008. EPA will publish a revised final rule after considering any comments that it may receive. EPA will not institute a second comment period on this action.

In accordance with the requirements of 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 settlement agreement under section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1), concerning the McLaren Tailings Site at Cooke City, Park County, Montana. This settlement, embodied in a CERCLA section 122(h) Agreement for Recovery of Past Response Costs (``Agreement''), is designed to resolve Camjac, Inc.'s liability at the Site for past response costs incurred at the Site through covenants under section 107 of CERCLA, 42 U.S.C. 9607. The proposed Agreement requires Camjac, Inc. to pay a total of $5,000.00 to the EPA Hazardous Substances Superfund and transfer the property that it owns which is part of the Site to the State of Montana. Opportunity for Comment: For thirty (30) days following the date of publication of this notice, the Agency will consider all comments received, and may modify or withdraw its consent to the Agreement if comments received disclose facts or considerations which indicate that the Agreement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at EPA Region 8's Central Records Center, 1595 Wynkoop Street, 3rd Floor, in Denver, Colorado.

Notice is hereby given of a proposed Agreement and Covenant Not To Sue the State of Montana concerning the McLaren Tailings Site at Cooke City, Park County, Montana. This Agreement is entered into pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601 et seq., and the authority of the Attorney General of the United States to compromise and settle claims of the United States. The State of Montana Department of Environmental Quality (``MDEQ'') enters into this Agreement pursuant to CERCLA, the Montana Comprehensive Environmental Cleanup and Responsibility Act (``CECRA''), as amended, 75-10-701 et seq., Montana Code Annotated (``MCA''); Title IV of the Surface Mining control and Reclamation Act of 1977 (``SMCRA''), 30 U.S.C. 1231 et seq., and Title 82, Chapter 4, Part 3 MCA. This Agreement and Covenant Not to Sue (``Agreement''), is designed to settle and resolve MDEQ's potential liability for existing contamination at the Site, which would otherwise result from its acquisition of the Site. Opportunity for Comment: For thirty (30) days following the date of publication of this notice, the Agency will consider all comments received, and may modify or withdraw its consent to the Agreement if comments received disclose facts or considerations which indicate that the Agreement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at EPA Region 8's Central Records Center, 1595 Wynkoop Street, 3rd Floor, in Denver, Colorado.

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 for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). 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.

EPA is taking direct final action on a revision to the Maryland State Implementation Plan (SIP) submitted by the Maryland Department of Environment (MDE). The revision allows Maryland to incorporate prospectively EPA's definition of ``Volatile organic compounds (VOC)'' as amended. EPA is approving these revisions to the Maryland SIP in accordance with the requirements of the Clean Air Act.

EPA is taking direct final action to approve revisions to the Commonwealth of Virginia State Implementation Plan (SIP). The revisions pertain to administrative amendments to the Commonwealth regulation governing source-specific nitrogen oxides (NOX) reasonable available control technology (RACT). EPA is approving these revisions to the Commonwealth of Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

On November, 26 2007, Nelson Industrial Steam Company (NISCO) filed a petition requesting that the Environmental Appeals Board review the Clean Air Interstate Rule (CAIR) applicability determination made on October 22, 2007. In the applicability determination, EPA concluded that NISCO's Nelson Units 1 and 2 are CAIR SO2, NOX, and NOX ozone season units because they meet the criteria for being such CAIR units under regulations of the EPA- administered CAIR trading programs.

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a meeting of the Coastal Elevations and Sea Level Rise Advisory Committee.

This notice announces the availability of EPA's risk assessments, and related documents, for the pesticide tetramethrin and opens a public comment period on these documents (Phase 3 of 4-Phase Process). The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for tetramethrin through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards.

EPA is proposing to update a portion of the Outer Continental Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources located within 25 miles of States' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act (``the Act''). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources in the Commonwealth of Massachusetts. The intended effect of approving the OCS requirements for the Commonwealth of Massachusetts is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations.

This regulation establishes tolerances for residues of pyroxsulam in or on wheat, forage; wheat, grain; wheat, hay and wheat, straw. Dow AgroSciences LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances for residues of cyfluthrin in or on grass, forage, fodder and hay group 17, forage at 12 ppm; grass, forage, fodder and hay, group 17, hay at 50 ppm; beet, sugar, roots at 0.10 ppm; and beet, sugar, dried pulp at 1.0 ppm. Interregional Research Project Number 4 (IR-4), and Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA has authorized its contractor, Electronic Data Systems Corporation (EDS) of Herndon, VA, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

This notice announces the availability of additional information on the electronic manifest (e-Manifest) project. Specifically, EPA's Office of Solid Waste and Emergency Response (OSWER) has made significant progress on the e-Manifest project since the publication of the April 18, 2006 public notice, which announced and requested comment on our intention to develop a centralized web- based information technology (IT) system that would be hosted on EPA's IT architecture. However, a few issues raised by commenters in response to the April 2006 public notice require further analysis on our part, as we make decisions concerning the e-Manifest system. We received strong support in response to the April 2006 public notice to establish a national web-based system funded through user- fees. In addition, commenters generally supported our position that use of e-Manifests should be at the election of the users rather than mandatory. However, some commenters expressed concern that an optional system would create dual paper and electronic systems. Furthermore, industry and state comments in response to our position to allow confidential business information (CBI) claims for e-Manifests differed. Therefore, as explained in this notice, we are soliciting additional comment on EPA's position on these two issues. We remain committed to finalizing a federal regulation, once the necessary legislation is enacted, that will authorize the regulated community to use electronic manifests as the legal equivalent of paper manifests, and will consider the comments received on this notice, as well as other comments received from previous actions, before we make a final decision.

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 is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Montana on June 28, 2000 and April 16, 2007. The revisions update Administrative Rules of Montana (ARM) provisions for Particulate Matter, and address Interstate Transport Pollution requirements of section 110(a)(2)(D)(i) of the Clean Air Act. On June 28, 2000, the Governor of Montana submitted revisions to ARM rules 17.8.101Definitions; 17.8.308Particulate Matter, Airborne; and 17.8.320Wood Waste Burners. The June 28, 2000 submittal included also a declaration certifying the adequacy of the State SIP in regard to the infrastructure-related PM2.5 elements of section 110 of the Clean Air Act (CAA). In the April 16, 2007 submission, the Governor requested EPA's review and approval of the ``Interstate Transport Rule Declaration'' adopted into the Montana SIP on February 12, 2007. In that same letter, the Governor rescinded the State's earlier request for approval of Montana's SIP in regard to the infrastructure-related PM2.5 elements of section 110 of the CAA. In light of this rescission, EPA is not taking action on this declaration. This action is being proposed 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 an 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.

Notice of availability for a 30 day review and comment period is hereby given for two revised data standards(1) Enforcement and Compliance Data Standard and (2)Tribal Identifier Data Standard. The Enforcement and Compliance Data Standard identifies and defines the major areas of enforcement and compliance information that could be used for the exchange of data among environmental agencies and other entities. The purpose of the standard is to provide a common lexicon, so that information about functionally similar activities and/or instruments can be stored. The Tribal Identifier Data Standard specifies the set of tribal names and codes necessary to constitute consistent and unambiguous identification of federally-recognized American Indian and Alaska Native entities. The Tribal Identifier Standard adopted the Bureau of Indian Affairs criteria of tribal entity identification (federally recognized tribes) and is not intended for the identification of geographic, demographic or economic tribal areas. The Bureau of Indian Affairs (BIA), is responsible for maintaining the official list of tribal names and codes according to their established criteria. This standard assists and supports the development of computerized applications that use tribal identifier information.

EPA expressed environmental concerns about potential adverse impacts to water resources and air quality, and requested additional information on the availability of water resources, and mitigation measures to minimize air quality impacts. Rating EC2.

A meeting of the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) will be held on March 3-5, 2008, in Alexandria, VA. At this meeting, the NAC/AEGL Committee will address, as time permits, the various aspects of the acute toxicity and the development of Acute Exposure Guideline Levels (AEGLs) for the following chemicals: 1,1,1- trichloroethane; 1,2-butylene oxide; cyanogen; ethyl benzene; ethyl isocyanate; ethylphosphonothioic dichloride; ethylphosphonodichloridate; germane; isobutyl isocyanate; isopropyl isocyanate; methoxymethyl isocyanate; methyl iodide; methyl isothiocyanate; n-butyl isocyanate; t-butyl isocyanate; nitrogen tetroxide; nitrogen trioxide; n-propyl isocyanate; phenyl isocyanate; and tetrachloroethylene.

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 information collection activity and its expected burden and costs.

The EPA is announcing an extension of the public comment period for the draft document titled, ``Integrated Science Assessment for Oxides of Nitrogen and SulfurEnvironmental Criteria; First External Review Draft'' (EPA 600/R-07/145A), and ``Annexes for the Integrated Science Assessment for Oxides of Nitrogen and Sulfur Environmental Criteria; First External Review Draft'' (EPA 600/R-07/ 145bA). The draft document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development as part of the Agency's review of the secondary (welfare- based) national ambient air quality standards (NAAQS) for nitrogen dioxide (NO2) and sulfur dioxide (SO2). EPA is releasing this draft document solely for the purpose of seeking comment from the public and the Clean Air Scientific Advisory Committee (CASAC). The document is being distributed solely for the purpose of pre- dissemination review under applicable information quality guidelines. It does not represent and should not be construed to represent any Agency policy, viewpoint, or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document.