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

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces two meetings of the SAB Drinking Water Committee (DWC): A public teleconference to discuss the Waterborne DiseasesMeasures to Link Drinking Water Programs to Public Health Outcomes (Measures) and a face-to-face meeting to review Drinking Water Contaminant Candidate List 3 (CCL3) Draft document.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee (CASAC) Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) Review Panel (CASAC Panel) to conduct a consultation on EPA's Draft Integrated Plan for Review of the Primary National Ambient Air Quality Standards for Carbon Monoxide (March 2008).

EPA is approving revisions to the Wisconsin State Implementation Plan (SIP) submitted by the Wisconsin Department of Natural Resources (WDNR) on May 1, 2007. The WDNR has submitted for approval into its SIP a revision which allows the WDNR to issue a waiver to a source allowing it to commence construction prior to a construction permit being issued, in certain cases. This provision is only allowed for minor sources that meet specific criteria, and WDNR must follow established procedures to grant a waiver. In addition, the revision also contains changes to Wisconsin's fee provisions to allow a fee to be charged for the waiver. EPA proposed approval of this revision on December 4, 2007 (72 FR 68119). EPA did not receive any comments. EPA is approving this revision because it is consistent with Federal regulations governing state permit programs.

The Energy Policy Act of 2005 (H.R. 6) signed into law on August 8, 2005 (Pub. L. 109-58) incorporates provisions to achieve significant reductions in diesel emissions. Section 793 of the Energy Policy Act of 2005 authorizes the U.S. Environmental Protection Agency (EPA) to support grant and loan programs administered by States that are designed to achieve significant reductions in diesel emissions. This program authorized in Section 793 is referred to as the State Clean Diesel Grant Program for this Notice. EPA expects to have approximately $14.8 million available in fiscal year 2008 in the form of assistance agreements to issue under the State Clean Diesel Grant Program.

EPA is finalizing approval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on November 20, 2007, and concern particulate matter (PM) emissions from fugitive dust sources and cement manufacturing plants. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

The purpose of this action is to solicit public comment on two documents developed in response to a petition to remove acetonitrile from the list of chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986, commonly referred to as the Toxics Release Inventory (TRI). The two documents EPA is making available for public comment are: The TRI Technical Review of Acetonitrile and the Acetonitrile External Peer Review charge. EPA is also providing the public with access to related reference documents.

The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2006 is available for public review. Annual U.S. emissions for the period of time from 1990 through 2006 are summarized and presented by source category and sector. The inventory contains estimates of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF6) emissions. The inventory also includes estimates of carbon fluxes in U.S. agricultural and forest lands. The technical approach used in this report to estimate emissions and sinks for greenhouse gases is consistent with the methodologies recommended by the Intergovernmental Panel on Climate Change (IPCC), and reported in a format consistent with the United Nations Framework Convention on Climate Change (UNFCCC) reporting guidelines. The Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2006 is the latest in a series of annual U.S. submissions to the Secretariat of the UNFCCC.

Utah has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA proposes to grant final authorization to the hazardous waste program changes submitted by Utah. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the State's program changes as an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe these actions are not controversial and do not expect comments to oppose them. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments opposing this authorization during the comment period, the immediate final rule will become effective and the Agency will not take further action on this proposal. If we receive comments that oppose these actions, we will publish a document in the Federal Register withdrawing this rule before it takes effect. EPA will then address public comments in a later final rule based on this proposal. Any parties interested in commenting on these actions must do so at this time. EPA may not provide further opportunity for comment.

The Environmental Protection Agency (EPA or the Agency) is issuing a direct final rule granting a site-specific treatment variance to EnergySolutions LLC (EnergySolutions) in Clive, Utah for the treatment of certain P and U-listed hazardous waste containing radioactive contamination (``mixed waste'') using vacuum thermal desorption (VTD). This variance is an alternative treatment standard to treatment by combustion (CMBST) required for these wastes under EPA rules implementing the land disposal restriction (LDR) provisions of the Resource Conservation and Recovery Act (RCRA). The Agency has determined that combustion of the solid treatment residue generated from the VTD unit is technically inappropriate due to the effective performance of the VTD unit. Once the P and U-listed mixed waste are treated using VTD, the solid treatment residue can be land disposed without further treatment. This treatment variance is conditioned upon EnergySolutions complying with a Waste Family Demonstration Testing (WFDT) plan specifically addressing the treatment of these P and U listed wastes, which is to be implemented through a RCRA Part B permit modification for the VTD unit.

The Environmental Protection Agency (EPA or the Agency) is proposing to grant a site-specific treatment variance to EnergySolutions LLC (EnergySolutions) in Clive, Utah, for the treatment of certain P- and U-listed hazardous waste containing radioactive contamination (``mixed waste'') using vacuum thermal desorption (VTD). This variance is an alternative treatment standard to treatment by combustion (CMBST) required for these wastes under EPA rules implementing the land disposal restriction (LDR) provisions of the Resource Conservation and Recovery Act (RCRA). The Agency has determined that combustion of the solid treatment residue generated from the VTD unit is technically inappropriate due to the effective performance of the VTD unit. Once the P- and U-listed mixed waste are treated using VTD, the solid treatment residue can be land disposed without further treatment. This proposed treatment variance is conditioned upon EnergySolutions complying with a Waste Family Demonstration Testing (WFDT) plan specifically addressing the treatment of these P- and U-listed wastes, which is to be implemented through a RCRA Part B permit modification for the VTD unit.

The EPA is announcing a public comment period to review selected sections of the final draft document titled, ``Toxicological Review of Propionaldehyde: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/600/R-08/003), related to the human health assessment for Propionaldehyde. The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. Public comments submitted to the EPA by May 5, 2008 will be provided to the external peer review panel prior to their meeting (to be announced). EPA is releasing the draft document solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document.

Notice is hereby given that the State of South Carolina is revising their Public Water System Supervision (PWSS) program to meet the requirements of the Safe Drinking Water Act (SDWA). South Carolina Department of Health and Environmental Control adopted drinking water regulations for the Long Term 2 Surface Water Treatment and the Stage 2 Disinfection By-Products Rules. EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve South Carolina's PWSS program for these rules.

This rule finalizes EPA's finding that the Atlanta, Georgia marginal 8-hour ozone nonattainment area (Atlanta 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 of this finding, the Atlanta Area will be reclassified from a marginal to a moderate 8- hour ozone nonattainment area by operation of law, on the effective date of this rule. The effect of this reclassification will be to change the classification of the Atlanta Area, and to require continued progress towards attainment of the 8-hour ozone NAAQS through development of a revision to the Georgia State Implementation Plan (SIP) addressing the CAA's pollution control requirements for moderate ozone nonattainment areas. The SIP revision is due as expeditiously as practicable, but no later than December 31, 2008. The moderate area attainment date for the Atlanta Area is as expeditiously as practicable, but no later than June 15, 2010. This determination was proposed on October 16, 2007, and no comments were received.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the State Implementation Plan (SIP) for ozone submitted by the State of New Jersey. This SIP revision consists of a source-specific reasonably available control technology (RACT) determination for controlling oxides of nitrogen from the stationary internal combustion engines and boilers operated by the Trigen-Trenton Energy Co., L.P. This action proposes an approval of the source specific RACT determination that was made by New Jersey in accordance with the provisions of its regulation to help meet the national ambient air quality standard for ozone. The intended effect of this proposed rule is to approve source-specific emissions limitations required by the Clean Air Act.

This document corrects errors in the final rule chart listing Virginia regulations governing kraft pulp and paper mills which EPA has incorporated by reference into the Virginia State Implementation Plan (SIP).

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.

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.

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.

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.

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).

The Environmental Protection Agency (EPA) is proposing to amend the EPA Acquisition Regulation (EPAAR) to revise the prescription for and the content of a clause that addresses issuing technical direction in contracts. This revision incorporates and supersedes several class deviations to the EPAAR and updates terminology and procedures related to issuing technical direction.

The EPA Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Committee on Valuing the Protection of Ecological Systems and Services (C-VPESS) to discuss the Committee's draft report related to valuing the protection of ecological systems and services.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from January 1, 2008 through January 31, 2008, consists of the PMNs and TMEs, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

EPA is approving the State Implementation Plan (SIP) revision submitted by the state of Iowa to demonstrate that the state meets the requirements of Section 110(a)(1) and (2) of the Clean Air Act (CAA). Section 110(a) of the CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by the EPA and is commonly referred to as an infrastructure SIP. In 1997, EPA promulgated the 8-hour ozone primary and secondary NAAQS. A revision to Iowa's SIP detailing how the state plans to ensure that the revised ozone standard is implemented, enforced, and maintained in Iowa was submitted on June 15, 2007. The submittal addressed all the elements of the October 2, 2007, guidance issued by the Office of Air Quality and Planning Standards with regard to infrastructure SIPs.