Environmental Protection Agency March 5, 2008 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of Stationary Generator Emissions
Document Number: E8-4256
Type: Proposed Rule
Date: 2008-03-05
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision contains provisions to control emissions from stationary generators. This action is being taken under the Clean Air Act (CAA).
Agreement for Recovery of Response Costs and Covenant not to Sue Under the Comprehensive Environmental Response, Compensation, and Liability Act Regarding the Delilah Road Landfill Superfund Site, Egg Harbor Township, Atlantic County, NJ
Document Number: E8-4255
Type: Notice
Date: 2008-03-05
Agency: Environmental Protection Agency
In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9601 et seq., the U.S. Environmental Protection Agency (EPA) announces a proposed administrative settlement to resolve claims under CERCLA. This settlement is intended to resolve the liability of four responsible parties for certain response costs incurred and to be incurred by EPA at the Delilah Road Landfill Superfund Site located in Egg Harbor Township, Atlantic County, New Jersey (Site). The proposed administrative settlement is contained in a Settlement Agreement for recovery of response costs (Agreement) between Atlantic City Electric Company, Lenox, Incorporated, Wyeth Holdings Corporation, and Wyeth (Settling Parties) and EPA. By this Notice, EPA is informing the public of the proposed settlement and of the opportunity to comment. The Site, consisting of approximately 45 acres, was originally used for sand and gravel excavation, but was later converted to a solid waste disposal area. Landfill operations ceased in 1980. The Site was placed on the National Priorities List (NPL) on October 4, 1984, and in 1986, the New Jersey Department of Environmental Protection (NJDEP) began a remedial investigation and feasibility study (RI/FS) to investigate conditions at the Site and evaluate remedial alternatives. On September 28, 1990, NJDEP issued a Record of Decision (ROD) for the Site which included placement of an impermeable layer cap on the landfill and installation of a gas collection and treatment system. Certain private parties, including some of the Settling Parties or their predecessors, entered into an Administrative Consent Order with NJDEP, as the lead agency for the Site, effective on October 12, 1994, to implement the remedy selected in the ROD. NJDEP issued an Explanation of Significant Differences (ESD) effective September 30, 1998, based on the results of additional groundwater sampling, through which the remedy was modified to provide for a soil cap, rather than the synthetic membrane cap originally selected. Construction of the remedy began in late 2001, and was substantially completed by the summer of 2002. As the support agency for the Site, EPA's costs consist primarily of oversight costs. Section 122(h) of CERCLA authorizes EPA to consider, compromise and settle certain claims. Under the terms of the proposed Agreement, the Settling Parties will pay $81,410.95 in reimbursement of past and future Site costs incurred by EPA. In exchange, EPA will grant a covenant not to sue or take administrative action against the Settling Parties for reimbursement of past or future EPA Site response costs pursuant to Section 107(a) of CERCLA, subject to reopeners for unknown conditions or new information. EPA will consider any comments received during the comment period and may withdraw or withhold consent to the proposed settlement if comments disclose facts or considerations that indicate the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, Office of Regional Counsel, 290 Broadway17th Floor, New York, New York 10007-1866. Telephone: (212) 637-3111.
Board of Scientific Counselors Executive Committee Meeting-March 2008
Document Number: E8-4240
Type: Notice
Date: 2008-03-05
Agency: Environmental Protection Agency
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 (via conference call) of the Board of Scientific Counselors (BOSC) Executive Committee.
Approval and Promulgation of Implementation Plans; Motor Vehicle Emissions Budgets; State of New Jersey
Document Number: E8-4233
Type: Proposed Rule
Date: 2008-03-05
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of New Jersey. This revision updates the direct PM2.5 and NOX motor vehicle emissions budgets for Mercer County, located within the New Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT, PM2.5 nonattainment area. The intended effect of this rulemaking is to approve budgets that will be used to determine transportation conformity.
Draft Integrated Science Assessment for Oxides of Nitrogen-Health Criteria
Document Number: E8-4232
Type: Notice
Date: 2008-03-05
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is announcing the availability of the second external review draft of a document titled, ``Draft Integrated Science Assessment for Oxides of Nitrogen Health Criteria'' (EPA/600/R-099aB). The document was prepared by the National Center for Environmental Assessment within EPA(s Office of Research and Development as part of the review of the primary (health- based) national ambient air quality standards (NAAQS) for oxides of nitrogen. EPA is releasing this draft document solely for the purpose of seeking public comment and for review by the Clean Air Scientific Advisory Committee (CASAC) (meeting date and location to be specified in a separate Federal Register notice). 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.
Data Requirements for Antimicrobial Pesticides and Revisions to Product Chemistry Data Requirements for Conventional Pesticides; Notification to the Secretaries of Agriculture and Health and Human Services
Document Number: E8-4144
Type: Proposed Rule
Date: 2008-03-05
Agency: Environmental Protection Agency
This document notifies the public that the Administrator of EPA has forwarded to the Secretaries of Agriculture, and Health and Human Services a draft proposed rule under sections 21 and 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As described in the Agency's semi-annual Regulatory Agenda, the draft proposed rule updates the data requirements in 40 CFR part 158 for the registration of antimicrobial pesticide products. Besides providing the regulated community with clearer and more transparent information, once finalized the data requirements will enhance the development of health and environmental data to conduct scientifically sound chemical/hazard risk assessments to protect human health and the environment.
Bifenazate; Pesticide Tolerance
Document Number: E8-4142
Type: Rule
Date: 2008-03-05
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of bifenazate and its metabolite, diazinecarboxylic acid, 2-(4-methoxy- [1,1'-biphenyl]-3-yl), 1-methylethyl ester (expressed as bifenazate), in or on acerola; black sapote; caneberry subgroup 13-07A; canistel; feijoa; guava; jaboticaba; longan; lychee; mango; papaya; passionfruit; pea and bean, succulent shelled, subgroup 6B; pulasan; rambutan; sapodilla; sapote, mamey; soybean, succulent shelled; Spanish lime; star apple; starfruit; vegetable, legume, edible-podded, subgroup 6A; and wax jambu. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also deletes existing bifenazate tolerances on ``pea, edible podded, succulent'' and ``pea, garden, succulent'', which are superseded by the new tolerances on ``vegetable, legume, edible- podded, subgroup 6A'' and ``pea and bean, succulent shelled, subgroup 6B'', respectively.
Flumioxazin; Pesticide Tolerance
Document Number: E8-4102
Type: Rule
Date: 2008-03-05
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of flumioxazin in or on alfalfa, forage; alfalfa, hay; asparagus; bean, dry seed; bushberry subgroup 13-07B; melon, subgroup 9A; nut, tree, group 14; okra; and vegetable, fruiting, group 8. The Interregional Research Project 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also modifies 40 CFR 180.568(b) by deleting existing time- limited tolerances in/on alfalfa, forage and alfalfa, hay at 0.13 and 0.45 ppm, respectively, made redundant by the newly-established tolerances.
Methoxyfenozide; Pesticide Tolerances and Time-Limited Pesticide Tolerances
Document Number: E8-4027
Type: Rule
Date: 2008-03-05
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of methoxyfenozide per se; benzoic acid, 3-methoxy-2-methyl-2-(3,5- dimethylbenzoyl)-2-(1,1-dimethylethyl)hydrazide in or on the food commodities acerola; animal feed, nongrass, group 18, forage; animal feed, nongrass, group 18, hay; avocado; bean, dry, seed; bushberry subgroup 13-07B; canistel; feijoa; grass, forage, fodder and hay, group 17, forage; grass, forage, fodder and hay, group 17, hay; guava; jaboticaba; kurrat; mango; onion, green, subgroup 3- 07B; papaya; passionfruit; peanut; peanut, hay; peanut oil; sapodilla; sapote, black; sapote, mamey; star apple; starfruit; vegetable, tuberous and corm, except potato, sub group 1D; and wax jambu. This regulation also establishes time-limited tolerances for indirect or inadvertent residues of methoxyfenozide; benzoic acid, 3-methoxy-2- methyl-, 2-(3,5-dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide and indirect or inadvertent combined residues of methoxyfenozide and its metabolites RH-117,236 free phenol of methoxyfenozide; 3,5- dimethylbenzoic acid N-tert-butyl-N'-(3-hydroxy-2-methylbenzoyl) hydrazide, RH-151,055 glucose conjugate of RH-117,236; 3,5-dimethyl benzoic acid N-tert-butyl-N-[3 ([beta]-D-glucopyranosyloxy)-2- methylbenzoyl]-hydrazide and RH-152,072 the malonylglycosyl conjugate of RH 117,236 in or on the food commodities animal feed, nongrass, group 18; grain, cereal, forage, fodder and straw, group 16; grass forage, fodder, and hay, group 17; herb and spice, group 19; vegetable, bulb, group 3-07; vegetable, foliage of legume, group 7; vegetable, leaves of root and tuber, group 2; vegetable, legume, group 6; and vegetable, root and tuber, group 1. Dow AgroSciences LLC and Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). The time-limited tolerances will expire on September 30, 2010.
Acetic acid, [(5-chloro-8-quinolinyl) oxy]-, 1-methylhexyl ester (Cloquintocet-mexyl); Pesticide Tolerance
Document Number: E8-4023
Type: Rule
Date: 2008-03-05
Agency: Environmental Protection Agency
EPA is amending 40 CFR 180.560 to add a reference to the active ingredient pyroxsulam to the tolerance for the inert ingredient cloquintocet-mexyl (acetic acid [(5-chloro-8-quinolinyl) oxy]-, 1- methylhexyl ester; CAS Reg. No. 99607-70-2) and its acid metabolite (5- chloro-8-quinolinoxyacetic acid). EPA is also revising existing tolerance levels for cloquintocet-mexyl in or on wheat, forage and wheat, hay, and is removing the specification of a 1:4 ratio inert ingredient safener to active ingredient from the tolerance expression. Dow AgroSciences, LLC and Syngenta Crop Protection requested the tolerance amendments for the inert ingredient safener cloquintocet- mexyl under the Federal Food, Drug, and Cosmetic Act (FFDCA).