Environmental Protection Agency March 24, 2008 – Federal Register Recent Federal Regulation Documents
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Pyraclostrobin; Pesticide Tolerance
This regulation establishes tolerances for combined residues of pyraclostrobin and its desmethoxy metabolite in or on avocado; canistel; oat, grain; oat, hay; oat, straw; sapodilla; sapote, black; sapote, mamey; and star apple. It also increases the existing tolerances in or on barley, grain from 0.4 parts per million (ppm) to 1.4 ppm; mango and Papaya from 0.1 ppm to 0.6 ppm. Interregional Research Project Number 4 (IR-4) and BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Brownfields Amendments, Section 104(k); Notice of Revisions to FY2009 Guidelines for Brownfields Assessment, Cleanup and Revolving Loan Fund Grants
Section 104(k)(5)(A)(iii) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) requires the U.S. Environmental Protection Agency (EPA) to publish guidance to assist applicants in preparing proposals for grants to assess and clean up brownfield sites. EPA's Brownfields Program provides funds to empower states, communities, tribes and nonprofits to prevent, inventory, assess, clean up and reuse brownfield sites. In FY2009 EPA has revised the Brownfields Grant Proposal Guidelines (guidelines) and is soliciting comments on those revisions. EPA provides brownfields funding for three types of grants: assessment, revolving loan fund and cleanup. The major changes to the guidelines include: three separate booklets for each of the grant types; Assessment Coalitions which allow eligible entities of 3 or more to request up to $1 M dollars for hazardous substance or petroleum (or combined) community-wide assessments; ranking criteria based on a total score of 100; Community Notification is a threshold criterion; ranking criteria is four sections: Community Need, Project Feasibility, Community Engagement and Project Benefits; community based organization letters of support are required; and a Phase II report complete at time of application for a cleanup grant is required.
Protection of Stratospheric Ozone; Launch of Electronic Reporting System
EPA is prepared to receive, in electronic form, certain documents required under the regulations at 40 CFR Part 82 for the Stratospheric Ozone Protection Program. EPA is launching an electronic reporting system that will allow producers, importers, and exporters of Class I ozone-depleting substances (except methyl bromide) and Class II ozone-depleting substances to submit quarterly reports electronically. EPA believes that, for many users, electronic reporting will allow reporting to occur with greater ease, speed, and accuracy than the paper-based reporting systems.
Notice of Receipt of Requests for Amendments to Delete Uses in Certain Pesticide Registrations
In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of request for amendments by registrants to delete uses in certain pesticide registrations. Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register.
Finding of Failure To Submit State Implementation Plans Required for the 1997 8-Hour Ozone NAAQS
The EPA is taking a final action finding that several states have failed to submit State Implementation Plans (SIPs) to satisfy certain requirements of the Clean Air Act (CAA) for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). Under the CAA and EPA's implementing regulations, states with nonattainment areas classified as moderate, serious, severe or extreme were required to submit by June 15, 2007, SIPs: Demonstrating how each nonattainment area would attain the 1997 8-hour ozone standard as expeditiously as practicable but no later than the applicable dates established in the implementing regulations; and demonstrating reasonable further progress (RFP). Additionally, states were required by September 15, 2006, to submit for these same areas SIPs demonstrating that sources specified under the CAA were subject to reasonably available control technology requirements (RACT). States that are part of the Ozone Transport Region (OTR) were required to submit SIPs to meet the 1997 8-hour ozone RACT requirement for the entire state by September 15, 2006. The RACT requirement applies to all areas within the Ozone Transport Region, regardless of the area's designation for the 1997 8-hour ozone standard. Some states have not yet submitted SIPs to satisfy these requirements. The EPA is by this action making a finding of failure to submit for those nonattainment areas and OTR areas that have not made the required SIP submission(s). If EPA has not affirmatively found that the state has submitted the required plan or plans within 18 months, the offset sanction applies in the area. If within 6 additional months EPA has still not affirmatively determined that the state has submitted the required plan, the highway funding sanction applies in an area if it is designated nonattainment. No later than 2 years after EPA makes the finding, EPA must promulgate a Federal Implementation Plan if the state has not submitted and EPA has not approved the required SIP.
Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Approval of 8-Hour Ozone Section 110(a)(1) Maintenance Plans for the Parishes of Lafayette and Lafourche
EPA is approving revisions to the Louisiana State Implementation Plan (SIP) concerning the 8-hour ozone maintenance plans for the parishes of Lafayette and Lafourche. On October 13, 2006 and December 19, 2006, the State of Louisiana submitted maintenance plans for Lafayette and Lafourche Parishes, respectively, which ensure continued attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) through the year 2014. These maintenance plans meet the statutory and regulatory requirements, and are consistent with EPA's guidance. EPA is approving the revisions pursuant to section 110 of the Federal Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Louisiana; Approval of 8-Hour Ozone Section 110(a)(1) Maintenance Plans for the Parishes of Lafayette and Lafourche
EPA is proposing to approve revisions to the Louisiana State Implementation Plan (SIP) concerning the 8-hour ozone maintenance plans for the parishes of Lafayette and Lafourche. On October 13, 2006, and December 19, 2006, the State of Louisiana submitted maintenance plans for Lafayette and Lafourche Parishes, respectively, which ensure continued attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS) through the year 2014. These maintenance plans meet the statutory and regulatory requirements, and are consistent with EPA's guidance. EPA is approving the revisions pursuant to section 110 of the Federal Clean Air Act (CAA).
National Volatile Organic Compound Emission Standards for Aerosol Coatings
This action promulgates national emission standards for the aerosol coatings (aerosol spray paints) category under section 183(e) of the Clean Air Act (CAA). The standards implement section 183(e) of the CAA, as amended in 1990, which requires the Administrator to control volatile organic compounds (VOC) emissions from certain categories of consumer and commercial products for purposes of reducing VOC emissions contributing to ozone formation and ozone nonattainment. This regulation establishes nationwide reactivity-based standards for aerosol coatings. States have previously promulgated rules for the aerosol coatings category based upon reductions of VOC by mass; however, EPA has concluded that a national rule based upon the relative reactivity approach will achieve more reduction in ozone formation than may be achieved by a mass-based approach for this specific product category. This rule will better control a product's contribution to ozone formation by encouraging the use of less reactive VOC ingredients, rather than treating all VOC in a product alike through the traditional mass-based approach. We are also revising EPA's regulatory definition of VOC. This revision is necessary to include certain compounds that would otherwise be exempt in order to account for the reactive compounds in aerosol coatings that contribute to ozone formation. Therefore, certain compounds that would not be VOC under the otherwise applicable definition will count towards the applicable reactivity limits under this final regulation. The initial listing of product categories and schedule for regulation was published on March 23, 1995 (60 FR 15264). This final action announces EPA's final decision to list aerosol coatings for regulation under Group III of the consumer and commercial product category for which regulations are mandated under section 183(e) of the CAA.
National Volatile Organic Compound Emission Standards for Aerosol Coatings
The EPA is proposing to amend the National Volatile Organic Compound Emission Standards for Aerosol Coatings final rule, published elsewhere in this Federal Register, which is a rule that establishes national reactivity-based emission standards for the aerosol coatings category (aerosol spray paints) under the Clean Air Act (CAA). In the ``Rules and Regulations'' section of this Federal Register, we are making these same amendments as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.
National Volatile Organic Compound Emission Standards for Aerosol Coatings
EPA is taking direct final action to amend the National Volatile Organic Compound Emission Standards for Aerosol Coatings final rule, which is a rule that establishes national reactivity-based emission standards for the aerosol coatings category (aerosol spray paints) under the Clean Air Act, published elsewhere in this Federal Register. This direct final action clarifies and amends certain explanatory and regulatory text in the Aerosol Coatings final rule, as the final rule contains misstatements and possibly confusing language on how compounds are added to the list in Tables 2A, 2B or 2C Reactivity Factors, and when distributors and retailers are regulated entities responsible for compliance with the final rule.
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