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

EPA is approving revisions to the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). On September 7, 2006, Ohio requested approval of revisions to its open burning standards. In order to clarify the open burning rules, Ohio added requirements for specific types of burning that were previously not addressed. The state also added or refined some of the definitions and slightly changed some of the existing rules. The revisions were made to increase clarity of Ohio's open burning rules. EPA finds that the revisions are consistent with the CAA.

EPA is finalizing its finding that the Baton Rouge ``marginal'' 8-hour ozone nonattainment area (hereinafter referred to as the Baton Rouge area) did not attain the 8-hour ozone national ambient air quality standard (NAAQS or standard) by June 15, 2007, the attainment deadline set forth in the Clean Air Act (CAA or the Act) and Code of Federal Regulations (CFR) for ``marginal'' nonattainment areas. By operation of law, the Baton Rouge area is to be reclassified from a ``marginal'' to a ``moderate'' 8-hour ozone nonattainment area on the effective date of this rule. The new attainment deadline for the reclassified Baton Rouge nonattainment area is ``as expeditiously as practicable'' but no later than June 15, 2010. In addition, EPA is requiring Louisiana to submit State Implementation Plan (SIP) revisions addressing the CAA's pollution control requirements for ``moderate'' 8- hour ozone nonattainment areas no later than January 1, 2009.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), EPA announced on January 25, 2008, its plan to submit a proposed Information Collection Request (ICR) to the Office of Management and Budget (OMB) and solicited public comments on this request for a new collection on the coalbed methane extraction industry sector. In response to requests from several stakeholders, this action extends the public comment period for an additional 30 days.

EPA has received a specific exemption request from the California Department of Pesticide Regulation to use the pesticide lavandulyl senecioate (CAS No 23960-07-8) to treat up to 80,000 acres of raisin and wine grapes to control the vine mealybug (VMB). The applicant proposes the use of a new chemical which has not been registered by the EPA. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds 12 sites to the General Superfund Section of the NPL.

This notice announces the initial filing of a pesticide petition proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

Section 404(c) of the Clean Water Act (CWA) authorizes the Environmental Protection Agency (EPA) to prohibit, restrict, or deny the discharge of dredged or fill material at defined sites in waters of the United States (including wetlands) whenever it determines, after notice and opportunity for public hearing, that use of such sites for disposal would have an unacceptable adverse impact on various resources, including fisheries, wildlife, municipal water supplies, and recreational areas. Pursuant to section 404(c), EPA Region 4 is today requesting public comments on its proposal to prohibit or restrict the use of certain waters in the Yazoo River Basin in Issaquena County, Mississippi as disposal sites for dredged or fill material in connection with the construction of the proposed Yazoo Backwater Area Project (the project). As the primary component of this project, the U.S. Army Corps of Engineers, Vicksburg District (the Corps) and the Board of Mississippi Levee Commissioners (project sponsor) propose to construct a 14,000 cubic feet per second (cfs) pumping station at Steele Bayou with a pump-on operation elevation of 87.0 feet, National Geodetic Vertical Datum (NGVD). The construction and operation of the proposed pumps would degrade the critical functions and values of approximately 67,000 acres of wetland resources in the Yazoo River Basin. Of this total, approximately 26,300 acres would be hydrologically modified to the extent that they would no longer be defined as wetlands and would lose CWA regulatory protection. The natural timing, frequency, and duration of water reaching the remaining approximately 40,700 acres of wetlands would be impacted by the proposed pumping, altering the wetlands' ecological characteristics and significantly reducing their functions. EPA Region 4 believes that these extensive hydrological modifications of wetlands in the Yazoo River Basin could have an unacceptable adverse effect on fisheries and wildlife resources. EPA seeks comment on this proposed 404(c) determination to prohibit or restrict the discharge of dredged or fill material in wetlands and other waters in the Yazoo River Basin in connection with the construction of the project or any pumping proposal in the Yazoo Backwater Area that would involve significant adverse impacts on waters of the United States. See Solicitation of Comments, at the end of the public notice, for further details.

This notice announces EPA's intention to modify certain risk mitigation measures that were imposed as a result of the 2006 Reregistration Eligibility Decision (RED) for the pesticide cypermethrin. EPA conducted this reassessment of the cypermethrin RED in response to public comments directed towards product labeling, risk mitigation, and the upcoming registration review process for pyrethroids, pyrethrins, and synergist chemicals. In response to the commenters and continuing efforts to mitigate risk, the Agency has made several modifications to the cypermethrin RED label requirements for pre-construction termiticide applications, spray drift language for agricultural products, and ventilation for total release foggers.

EPA is finalizing its proposal to affirm its October 30, 2006, determination that the San Joaquin Valley nonattainment area (SJV or the Valley) in California has attained the National Ambient Air Quality Standard (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10). EPA proposed to affirm the determination of attainment in order to take comment on the exclusion from a determination of attainment of PM-10 exceedances that were caused by exceptional events. EPA is concurring with the State's request to flag exceedances which occurred in the SJV as being caused by exceptional events, i.e., high winds. EPA is also concurring with the Santa Rosa Rancheria Tribe's request to flag, as due to an exceptional event, PM- 10 exceedances which occurred on tribal lands located within the boundaries of the SJV. EPA is further finding that these exceedances at the Santa Rosa Rancheria (SRR) should be excluded from use in determining attainment because the exceedances occurred while the monitor was operating in very close proximity to construction activities and, as such, the monitor was not properly sited during that time for purposes of comparison to the NAAQS. As a result, EPA is affirming its determination that the SJV has attained the PM-10 standard based on EPA's evaluation of quality-assured data through 2006. In addition, EPA did not receive comments on how the Agency addressed the issues raised in petitions for reconsideration and withdrawal of EPA's 2006 determination of attainment, filed by Earthjustice on behalf of the Sierra Club, Latino Issues Forum and others, and thus we are denying the petitions.

This rule finalizes EPA's finding of nonattainment and reclassification of the Beaumont/Port Arthur 8-hour ozone nonattainment area (BPA area). EPA finds that the BPA area has failed to attain the 8 hour ozone national ambient air quality standard (``NAAQS'' or ``standard'') by June 15, 2007, the attainment deadline set forth in the Clean Air Act (CAA) and Code of Federal Regulations (CFR) for marginal nonattainment areas. As a result, on the effective date of this rule, the BPA area is reclassified by operation of law as a moderate 8-hour ozone nonattainment area. The new moderate area attainment date for the reclassified BPA area is ``as expeditiously as practicable,'' but no later than June 15, 2010. The State of Texas must submit a SIP revision that meets the requirements of the CAA on or before January 1, 2009.

EPA is proposing to approve a request submitted by the Indiana Department of Environmental Management on July 20, 2007, as supplemented on December 19, 2007, to revise the Indiana State Implementation Plan (SIP). The submission revises the Indiana Administrative Code (IAC) by amending the definition of ``References to Code of Federal Regulations,'' to update of the references to the Code of Federal Regulations to refer to the 2006 edition. The rule revision also makes minor corrections to amend the definition of ``nonphotochemically reactive hydrocarbons'' or ``negligibly photochemically reactive compounds,'' and to amend the definition of ``volatile organic compound'' or ``VOC.'' In the final rules section of this Federal Register, EPA is approving the SIP revision as a direct final rule without prior proposal, because EPA views this as a noncontroversial revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If we do not receive any adverse comments in response to these direct final and proposed rules, we do not contemplate taking any further action in relation to this proposed rule. If EPA receives adverse comments, we will withdraw the direct final rule and will respond to 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 on this action should do so at this time.

In accordance with 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 administrative settlement with Chemcentral Midwest Corporation, Kansas City, Missouri, for recovery of past response costs concerning the Chemcentral Midwest corporation facility, located at 910 North Prospect, Kansas City, Missouri. The settlement requires Chemcentral Midwest Corporation to pay to the Hazardous Substance Superfund for costs incurred by the United States Environmental Protection Agency, Region 7, in response to the fire at the Chemcentral facility on February 7, 2007. The settlement requires Chemcentral to pay $150,713, to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at the EPA Region 7 office located at 901 N. 5th Street, Kansas City, Kansas.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of three meetings of the Board of Scientific Counselors (BOSC) Homeland Security Subcommittee.

This document announces the Office of Management and Budget's (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

On November 27, 2007, Indiana submitted draft revisions to its particulate matter State Implementation Plan (SIP) for sources in Clark, Dearborn, Dubois, Howard, Lake, Marion, St. Joseph, Vanderburgh, Vigo, and Wayne Counties. Indiana supplemented its submittal with a public hearing transcript and additional technical support documents on December 3, 2007, and submitted final, fully adopted revised rules on February 21, 2008. This SIP revision updates facility names, revises formatting, removes sources no longer in operation, and revises some emission limits. Where emission limits increase, the State has included air quality modeling analyses that demonstrate that air quality will continue to be protected. EPA is proposing to approve this SIP revision request.

EPA is proposing national emission standards for control of hazardous air pollutants (HAP) for the plating and polishing area source category. This rule proposes emission standards in the form of management practices for new and existing tanks, thermal spraying equipment, and mechanical polishing equipment in certain plating and polishing processes. These proposed standards reflect EPA's determination regarding the generally achievable control technology (GACT) and/or management practices for the area source category.

On January 2, 2008 (73 FR 48), EPA published a direct final approval of revisions to the California State Implementation Plan (SIP). These revisions concerned 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. The direct final action was published without prior proposal because EPA anticipated no adverse comment. The direct final rule stated that if adverse comments were received by February 1, 2008, EPA would publish a timely removal in the Federal Register. EPA received a timely adverse comment. Consequently, with this revision we are removing the direct final approval of SJVAPCD Rules 4104, 4402, 4404, 4453, 4454, 4625, 4641, and 4672. EPA will either address the comments in a subsequent final action based on the parallel proposal also published on January 2, 2008 (73 FR 48) or repropose an alternative action. As stated in the parallel proposal, EPA will not institute a second comment period on a subsequent final action. The other rules, MBUAPCD Rules 415, 418, and 1002, approved in the January 2, 2008 direct final action, are not affected by this removal and are incorporated into the SIP as of the original effective date of March 3, 2008.

In a rule published on June 14, 2005, EPA established a manufacturer-run, in-use testing program for heavy-duty diesel vehicles. The program requires engine manufacturers to measure exhaust emissions from their diesel engines using portable emissions measurement systems during real-world operation. At the time the rule was promulgated, EPA established interim emission measurement ``accuracy'' margins for the requisite portable emission measurement devices pending the development of final accuracy margins through a comprehensive research program. This notice proposes to adopt the resulting final accuracy margins for gaseous pollutants. Also, this rule proposes to make several changes to the program in the early years of in-use testing. First, we are proposing to eliminate the first calendar year, i.e., 2006, of the two-year pilot program for particulate emissions (PM) in response to engine manufacturers' concerns, which primarily relate to the availability and efficacy of the requisite portable measurement systems (PEMS) for that pollutant. Second, due to a delay in developing the final accuracy margin for PM under the aforementioned comprehensive research program, we are proposing to delay the first year of the fully enforceable PM test program from the 2008 calendar year to the 2009 calendar year. During the 2008 calendar year, there will be another year of pilot program testing for that pollutant. Third, and finally, we are proposing to extend the normal period for reporting in-use test results and allowing certain short-term changes in how vehicles are recruited and tested. These proposed revisions are primarily intended to address delays in initiating the gaseous emission and PM pilot programs, manufacturers' concerns regarding the schedule for initial purchases of PM measurement systems, and manufacturers' concerns regarding potential difficulties of initially instrumenting vehicles with these units.

The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the federal program. Colorado has applied to EPA for final authorization of the changes to its hazardous waste program under RCRA. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and is authorizing the State's changes through this immediate final action.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Working Committee on Pesticide Operations and Management (WC/POM) will hold a 2-day meeting, beginning on April 7, 2008 and ending April 8, 2008. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

This regulation establishes tolerances for combined residues of spiromesifen and its enol metabolite in or on bean, dry; bean, succulent; bean, edible podded; and cowpea, forage. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is proposing to revise the February 26, 2007 mobile source air toxics rule's requirements that specify the benzene control technologies that qualify a refiner to generate early benzene credits. We are proposing to allow another specific benzene control technology, benzene alkylation, in addition to the four operational or technological changes that the 2007 rule currently allows. We are also proposing a general provision that would allow a refiner to submit a request to EPA to approve other benzene-reducing operational changes or technologies for the purpose of generating early credits. In the ``Rules and Regulations'' section of this Federal Register we are revising the February 26, 2007 rule as discussed above via 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.

Notice is hereby given that the Environmental Protection Agency (EPA) has designated, in accordance with 40 CFR Part 53, one new equivalent method for measuring concentrations of particulate matter as PM2.5 in the ambient air.