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

Environmental Impacts Statements; Notice of Availability
Document Number: E8-6424
Type: Notice
Date: 2008-03-28
Agency: Environmental Protection Agency
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E8-6422
Type: Notice
Date: 2008-03-28
Agency: Environmental Protection Agency
EPA expressed environmental concerns about annual monitoring, and how the proposed rule would ensure that it would be conducted. In addition, the final EIS should clarify under what circumstances the public will receive notification for changes in monitoring plans/strategy. Rating EC2.
Notice of Filing of a Pesticide Petition for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: E8-6413
Type: Notice
Date: 2008-03-28
Agency: Environmental Protection Agency
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.
Pesticide Program Dialogue Committee, Pesticide Registration Improvement Act Process Improvement Workgroup; Notice of Public Meeting
Document Number: E8-6410
Type: Notice
Date: 2008-03-28
Agency: Environmental Protection Agency
EPA's Pesticide Program Dialogue Committee (PPDC), Pesticide Registration Improvement Act (PRIA) Process Improvement Workgroup will hold its tenth public meeting on April 29, 2008. An agenda for this meeting is being developed. The agenda will include recent process improvements to implement the Pesticide Registration Improvement Renewal Act (PRIA 2), and will be posted on EPA's website. The workgroup is developing advice and recommendations on topics related to EPA's registration and as of this meeting, registration review process.
Agency Information Collection Activities; Proposed Collection; Comment Request; Information Collection Request for Cooling Water Intake Structures New Facility Final Rule (Renewal); EPA ICR No. 1973.04, OMB Control No. 2040-0241
Document Number: E8-6408
Type: Notice
Date: 2008-03-28
Agency: Environmental Protection Agency
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 to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on June 30, 2008. 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.
Science Advisory Board Staff Office; Request for Nominations of Experts to Augment the Science Advisory Board Homeland Security Advisory Committee
Document Number: E8-6405
Type: Notice
Date: 2008-03-28
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office is requesting public nominations of experts in microbiology. Nominees with appropriate expertise will be considered for service on the SAB Homeland Security Advisory Committee (HSAC) to provide consultative advice on a Draft Federal Inter-agency Anthrax Technical Assistance Document.
S-Abscisic Acid, Temporary Exemption From the Requirement of a Tolerance
Document Number: E8-6404
Type: Rule
Date: 2008-03-28
Agency: Environmental Protection Agency
This regulation establishes a temporary exemption from the requirement of a tolerance for residues of the biochemical pesticide S- Abscisic Acid, (S)-5-(1-hydroxy-2,6,6-trimethyl-4-oxo-1-cyclohex-2- enyl)-3-methyl-penta-(2Z,4E)-dienoic Acid in or on grapes when applied or used as a plant regulator in accordance with the terms of Experimental Use Permit 73049-EUP-4. Valent Biosciences Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting the temporary tolerance exemption. This regulation eliminates the need to establish a maximum permissible level for residues of S-Abscisic Acid, (S)-5-(1-hydroxy-2,6,6-trimethyl-4-oxo-1- cyclohex-2-enyl)-3-methyl-penta-(2Z,4E)-dienoic Acid. The temporary tolerance exemption expires on October 1, 2010.
State Cost Share Requirement for Leaking Underground Storage Tank (LUST) Prevention Assistance Agreements and Authority To Provide LUST Prevention Assistance Agreements to Tribes
Document Number: E8-6400
Type: Notice
Date: 2008-03-28
Agency: Environmental Protection Agency
By this notice, the Environmental Protection Agency (EPA), Office of Underground Storage Tanks (OUST) is announcing that states receiving leaking underground storage tank (LUST) prevention assistance agreements must meet a twenty-five (25) percent cost share requirement. In addition, EPA is announcing the authority to provide assistance agreements to tribes using LUST prevention funding for the development and implementation of programs to manage underground storage tanks (USTs) in Indian Country.
Pesticide Container Recycling; Notification to the Secretary of Agriculture
Document Number: E8-6396
Type: Proposed Rule
Date: 2008-03-28
Agency: Environmental Protection Agency
This document notifies the public that the Administrator of EPA has forwarded to the Secretary of Agriculture a draft proposed rule as required by section 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 would require that manufacturers of agricultural and professional specialty pesticides support (either by managing and operating, or contracting with another organization) a container recycling program that meets the standards of the American National Standards Institute.
Registration Review; Biopesticide Dockets Opened for Review and Comment
Document Number: E8-6394
Type: Notice
Date: 2008-03-28
Agency: Environmental Protection Agency
EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment. This document also announces the Agency's intent not to open a registration review docket for thyme herbs and ground sesame plant. These pesticides do not currently have any active federally registered pesticide products and are not, therefore, scheduled for review under the registration review program.
Determination of Nonattainment and Reclassification of the Memphis, TN/Crittenden County, AR 8-Hour Ozone Nonattainment Area
Document Number: E8-6287
Type: Rule
Date: 2008-03-28
Agency: Environmental Protection Agency
This rule finalizes EPA's finding of nonattainment and reclassification of the Memphis, Tennessee and Crittenden County, Arkansas 8-hour ozone nonattainment area (Memphis TN-AR Nonattainment Area). EPA finds that the Memphis TN-AR Nonattainment 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 Memphis TN-AR Nonattainment Area will be reclassified by operation of law as a moderate 8-hour ozone nonattainment area. The moderate area attainment date for the reclassified Memphis TN-AR Nonattainment Area would then be ``as expeditiously as practicable,'' but no later than June 15, 2010. Once reclassified, Tennessee and Arkansas must submit State Implementation Plan (SIP) revisions that meet the 8-hour ozone nonattainment requirements for moderate areas, as required by the CAA. In this action, EPA is establishing the schedule for the States' submittal of the SIP revisions required for the nonattainment area once it is reclassified. EPA determines that the States must submit these SIP revisions by March 1, 2009.
Approval and Promulgation of State Implementation Plans; State of Utah; Interstate Transport of Pollution and Other Revisions
Document Number: E8-6275
Type: Rule
Date: 2008-03-28
Agency: Environmental Protection Agency
EPA is taking direct final action approving State Implementation Plan (SIP) revisions submitted by the State of Utah on March 22 and September 17, 2007. The revisions address Interstate Transport Pollution requirements of Section 110(a)(2)(D)(i) of the Clean Air Act and a typographical error in Rule R307-130-4, ``Options.'' The March 22, 2007 submittal adds ``Section XXIII, Interstate Transport'' to the Utah SIP, and Rule R307-110-36 to the Utah Administrative Code (UAC). The new Rule R307-110-36 incorporates by reference the Interstate Transport declaration into the State rules. The September 17, 2007 submittal amends UAC Rule R307-130-4, ``Options,'' by removing from the text the word ``not'' which had been accidentally placed in this rule. This action is being taken under section 110 of the Clean Air Act.
Approval and Promulgation of State Implementation Plans; State of Utah; Interstate Transport of Pollution and Other Revisions
Document Number: E8-6272
Type: Proposed Rule
Date: 2008-03-28
Agency: Environmental Protection Agency
EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on March 22 and September 17, 2007. The revisions address Interstate Transport Pollution requirements of section 110(a)(2)(D)(i) of the Clean Air Act and a typographical error in Rule R307-130-4, ``Options.'' The March 22, 2007 submittal adds ``Section XXIII, Interstate Transport'' to the Utah SIP, and Rule R307-110-36 to the Utah Administrative Code (UAC). The new Rule R307- 110-36 incorporates by reference the Interstate Transport declaration into the State rules. The September 17, 2007 submittal amends UAC Rule R307-130-4, ``Options,'' by removing from the text the word ``not'' which had been accidentally placed in this rule. This action is being taken 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 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.
Pesticide Products; Registration Applications
Document Number: E8-6266
Type: Notice
Date: 2008-03-28
Agency: Environmental Protection Agency
This notice announces receipt of an application to register a pesticide product containing a new active ingredient not included in any currently registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.
Boscalid; Pesticide Tolerance
Document Number: E8-6264
Type: Rule
Date: 2008-03-28
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of boscalid in or on caneberry subgroup 13A at 6.0 parts per million (ppm); bushberry subgroup 13B at 13 ppm; cotton, undelinted seed at 1.0 ppm; cotton, gin by-products at 55 ppm; avocado at 1.5 ppm; sapote, black at 1.5 ppm; canistel at 1.5 ppm; sapote, mamey at 1.5 ppm; mango at 1.5 ppm; papaya at 1.5 ppm; sapodilla at 1.5 ppm; and star apple at 1.5 ppm. It revokes the existing berries, group 13 tolerance at 3.5 ppm because the two new caneberry and bushberry tolerances cover all commodities in the berries, group 13. Tolerances are being increased for cucumber from 0.20 ppm to 0.5 ppm, and vegetable, root, subgroup 1A, except sugarbeet, garden beet, radish, and turnip from 0.7 ppm to 1.0 ppm. BASF, Inc requested these tolerance actions under the Federal Food, Drug, and Cosmetic Act (FFDCA). In addition, this action establishes a time-limited tolerance for residues of boscalid in or on Endive, Belgian, in response to the approval of a crisis exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing the post harvest use of the fungicide on Endive, Belgian to control the fungal pathogen, scelerotinia sclerotiorum. This regulation establishes a maximum permissible level of residues of boscalid in this food commodity. The time-limited tolerance expires and is revoked on December 31, 2009.
National and Governmental Advisory Committees to the U.S. Representative to the Commission for Environmental Cooperation
Document Number: E8-6291
Type: Notice
Date: 2008-03-27
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, Public Law 92-463, EPA gives notice of a meeting of the National Advisory Committee (NAC) and Governmental Advisory Committee (GAC) to the U.S. Representative to the North American Commission for Environmental Cooperation (CEC). The National and Governmental Advisory Committees advise the EPA Administrator in his capacity as the U.S. Representative to the CEC Council. The Committees are authorized under Articles 17 and 18 of the North American Agreement on Environmental Cooperation (NAAEC), North American Free Trade Agreement Implementation Act, Public Law 103-182, and as directed by Executive Order 12915, entitled ``Federal Implementation of the North American Agreement on Environmental Cooperation.'' The NAC is composed of 12 members representing academia, environmental non-governmental organizations, and private industry. The GAC consists of 12 members representing state, local, and Tribal governments. The Committees are responsible for providing advice to the U.S. Representative on a wide range of strategic, scientific, technological, regulatory, and economic issues related to implementation and further elaboration of the NAAEC. The purpose of the meeting is to review the CEC's Trade and Environment projects and assist in the development of U.S. priorities for the CEC Council Session in June 2008. The meeting will also include a public comment session. A copy of the agenda will be posted at http:/ /www.epa.gov/ocem/nacgac-page.htm.
U.S. EPA's 2008 National Clean Water Act Recognition Awards: Availability of Application and Nomination Information
Document Number: E8-6281
Type: Notice
Date: 2008-03-27
Agency: Environmental Protection Agency
This announces the availability of application and nomination information for the U.S. EPA's 2008 Clean Water Act (CWA) Recognition Awards. The awards recognize municipalities and industries for outstanding and innovative technological achievements in wastewater treatment and pollution abatement programs. The awards are intended to educate the public about the contributions wastewater treatment facilities make to clean water; to encourage public support for municipal and industrial efforts in effective wastewater management, biosolids disposal and reuse, and wet weather pollution control; and to recognize communities that use innovative practices to meet CWA permitting requirements.
Clean Water Act Section 303(d): Availability of List Decision
Document Number: E8-6278
Type: Notice
Date: 2008-03-27
Agency: Environmental Protection Agency
This notice announces the availability of, and opportunity to comment on, an EPA decision reconsidering its decision to approve the omission of microcystin toxins listings for three segments of the Klamath River in California and identifying microcystin toxins as an additional cause of impairment for a segment of the Klamath River pursuant to Clean Water Act section 303(d)(2). Section 303(d)(2) requires that states submit and EPA approve or disapprove lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards and for which total maximum daily loads (TMDLs) must be prepared.
National Advisory Council for Environmental Policy and Technology
Document Number: E8-6267
Type: Notice
Date: 2008-03-27
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public teleconference of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. The Council is a panel of individuals who represent diverse interests from academia, industry, non-governmental organizations, and local, state, and Tribal governments. The purpose of this teleconference is to discuss and approve the NACEPT Environmental Technology Subcommittee's draft recommendations on actions that EPA and the investment community could take and partnerships they could create to achieve the goal of greater private sector investment in the commercialization of environmental technologies over the long-term. A copy of the agenda for the meeting will be posted at http://www.epa.gov/ocem/nacept/cal-nacept.htm.
Agency Information Collection Activities; Proposed Collection; Comment Request; Standardized Permit for RCRA Hazardous Waste Facilities; EPA ICR No. 1935.03, OMB Control No. 2050-0182
Document Number: E8-6265
Type: Notice
Date: 2008-03-27
Agency: Environmental Protection Agency
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 to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on August 31, 2008. 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.
Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Diesel Engine Anti-Idling Regulation
Document Number: E8-6188
Type: Proposed Rule
Date: 2008-03-27
Agency: Environmental Protection Agency
The EPA is proposing to approve a State Implementation Plan (SIP) revision submitted on November 29, 2007 by the State of Rhode Island. This SIP revision includes a regulation that prohibits the unnecessary idling of diesel engines and vehicles in Rhode Island. The regulation sets limits for the amount of time and under what conditions diesel engines may idle. EPA is proposing that the standards and requirements set by the rule will strengthen the Rhode Island SIP. The intended effect of this action is to propose approval of this rule into the Rhode Island SIP. EPA is proposing approval of this rule pursuant to the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Diesel Anti-Idling Regulation
Document Number: E8-6183
Type: Rule
Date: 2008-03-27
Agency: Environmental Protection Agency
The EPA is approving a State Implementation Plan (SIP) revision submitted on November 29, 2007 by the State of Rhode Island. This SIP revision includes a regulation that prohibits the unnecessary idling of diesel engines and vehicles in Rhode Island. The regulation sets limits for the amount of time and under what conditions diesel engines may idle. EPA is approving the rule because the standards and requirements set by the rule will strengthen the Rhode Island SIP. The intended effect of this action is to approve this rule into the Rhode Island SIP. EPA is approving this rule pursuant to the Clean Air Act.
Completeness Findings for Section 110(a) State Implementation Plans for the 8-hour Ozone NAAQS
Document Number: E8-6176
Type: Rule
Date: 2008-03-27
Agency: Environmental Protection Agency
The EPA is making a finding concerning whether or not each State has submitted a complete State Implementation Plan (SIP) that provides the basic program elements specified in Clean Air Act (Act or CAA) section 110(a)(2) necessary to implement the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). By this action, EPA is identifying those States that: Have failed to make a complete submission for all requirements; have failed to make a complete submission for specific requirements; or have made a complete submission. The findings of failure to submit for all or a portion of a State's SIP establish a 24-month deadline for EPA to promulgate Federal Implementation Plans (FIPs) to address the outstanding SIP elements unless, prior to that time, the affected States submit, and EPA approves, the required SIPs. The findings that all, or portions of a State's SIP submission, are complete establish a 12-month deadline for EPA to take action upon the complete SIP elements in accordance with section 110(k).
National Ambient Air Quality Standards for Ozone
Document Number: E8-5645
Type: Rule
Date: 2008-03-27
Agency: Environmental Protection Agency
Based on its review of the air quality criteria for ozone (O3) and related photochemical oxidants and national ambient air quality standards (NAAQS) for O3, EPA is making revisions to the primary and secondary NAAQS for O3 to provide requisite protection of public health and welfare, respectively. With regard to the primary standard for O3, EPA is revising the level of the 8-hour standard to 0.075 parts per million (ppm), expressed to three decimal places. With regard to the secondary standard for O3, EPA is revising the current 8- hour standard by making it identical to the revised primary standard. EPA is also making conforming changes to the Air Quality Index (AQI) for O3, setting an AQI value of 100 equal to 0.075 ppm, 8- hour average, and making proportional changes to the AQI values of 50, 150 and 200.
Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption-Class I Hazardous Waste Injection; Veolia ES Technical Solutions, L.L.C., Port Arthur, TX
Document Number: E8-6209
Type: Notice
Date: 2008-03-26
Agency: Environmental Protection Agency
Notice is hereby given that exemptions to the land disposal restrictions under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act have been reissued to Veolia ES Technical Solutions, L.L.C., (Veolia) for two Class I injection wells located at Port Arthur, Texas. As required by 40 CFR Part 148, the company has adequately demonstrated to the satisfaction of the Environmental Protection Agency by the petition and supporting documentation that, to a reasonable degree of certainty, there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous. This final decision allows the underground injection by Veolia, of the specific restricted hazardous wastes identified in this exemption, into Class I hazardous waste injection wells Nos. WDW-160 and WDW-358 at the Port Arthur, Texas facility, until November 30, 2018, unless EPA moves to terminate these exemptions under provisions of 40 CFR 148.24. Additional conditions included in this final decision may be reviewed by contacting the Region 6 Ground Water/UIC Section. As required by 40 CFR 148.22(b) and 124.10, a public notice was issued January 17, 2008. The public comment period closed on March 3, 2008. No comments were received. This decision constitutes final Agency action and there is no Administrative appeal. This decision may be reviewed/appealed in compliance with the Administrative Procedure Act.
Myclobutanil; Pesticide Tolerance
Document Number: E8-6205
Type: Rule
Date: 2008-03-26
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of myclobutanil and its alcohol metabolite in or on artichoke, globe; black sapote; canistel; cilantro, leaves; leafy greens, subgroup 4A, except spinach; mamey sapote; mango; okra; papaya; sapodilla; star apple; and fruiting vegetable group 8, except tomato. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). EPA is also deleting several established myclobutanil tolerances that are no longer needed.
Flutolanil and Its Metabolites; Withdrawal of Tolerance Petition
Document Number: E8-6203
Type: Notice
Date: 2008-03-26
Agency: Environmental Protection Agency
The Agency is withdrawing pesticide petition (PP 6F7070) at the request of the petitioner, Nichino America, Inc., because the data submitted to the Agency do not support the proposed indirect or inadvertent tolerances for flutolanil on corn and cotton.
Azinphos-methyl: Product Cancellation Order and Amendments to Terminate Uses; Correction
Document Number: E8-6186
Type: Notice
Date: 2008-03-26
Agency: Environmental Protection Agency
EPA issued a notice in the Federal Register of Wednesday, February 20, 2008, concerning the cancellation of products and amendments to terminate uses of products containing azinphos-methyl. This document is being issued to correct typographical errors.
Amendments to National Emission Standards for Hazardous Air Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving
Document Number: E8-6184
Type: Rule
Date: 2008-03-26
Agency: Environmental Protection Agency
EPA is publishing technical corrections through this direct final action to amend the national emission standards for acrylic and modacrylic fibers production, carbon black production, chemical manufacturing: chromium compounds, flexible polyurethane foam production and fabrication, lead acid battery manufacturing, and wood preserving area sources published on July 16, 2007. The amendments clarify certain provisions in two of the final area source rules (flexible polyurethane foam production and fabrication and lead acid battery manufacturing) and correct editorial and publication errors in all of the final rules.
Barium Metaborate Registration Review; Antimicrobial Pesticide Dockets Opened for Review and Comment
Document Number: E8-6182
Type: Notice
Date: 2008-03-26
Agency: Environmental Protection Agency
EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for this registration review. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.
Meeting of the Total Coliform Rule Distribution System Advisory Committee-Notice of Public Meeting
Document Number: E8-6179
Type: Notice
Date: 2008-03-26
Agency: Environmental Protection Agency
Under section 10(a)(2) of the Federal Advisory Committee Act, the United States Environmental Protection Agency (EPA) is giving notice of a meeting of the Total Coliform Rule Distribution System Advisory Committee (TCRDSAC). The purpose of this meeting is to discuss the Total Coliform Rule (TCR) revision and information about distribution systems issues that may impact water quality. The TCRDSAC advises and makes recommendations to the Agency on revisions to the TCR, and on what information should be collected, research conducted, and/or risk management strategies evaluated to better inform distribution system contaminant occurrence and associated public health risks. Topics to be discussed in the meeting include options for revising the Total Coliform Rule, for example, rule construct, monitoring provisions, system categories, action levels, investigation and follow- up, public notification, and other related topics. In addition, the Committee will discuss possible recommendations for research and information collection needs concerning distribution systems and topics for upcoming TCRDSAC meetings.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Emissions Certification and Compliance Requirements for Nonroad Spark-ignition (SI) Engines (Renewal); EPA ICR No. 1695.09, OMB Control No. 2060-0338
Document Number: E8-6172
Type: Notice
Date: 2008-03-26
Agency: Environmental Protection Agency
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.
Causal Analysis of Biological Impairment in Long Creek: A Sandy-Bottomed Stream in Coastal Southern Maine
Document Number: E8-6166
Type: Notice
Date: 2008-03-26
Agency: Environmental Protection Agency
EPA is announcing the availability of a final report entitled, ``Causal Analysis of Biological Impairment in Long Creek: A Sandy- Bottomed Stream in Coastal Southern Maine'' (EPA/600/R-06/065F), which was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development (ORD).
Participation by Disadvantaged Business Enterprises in Procurement Under Environmental Protection Agency (EPA) Financial Assistance Agreements
Document Number: E8-6003
Type: Rule
Date: 2008-03-26
Agency: Environmental Protection Agency
This action will harmonize EPA's statutory Disadvantaged Business Enterprise procurement objectives with the United States Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995). In that case, the Supreme Court extended strict judicial scrutiny to federal programs that use racial or ethnic criteria as a basis for decision making. Remedying discrimination is recognized as a compelling government interest, and this rule is promulgated on the understanding that the statutory provisions authorizing its adoption were enacted for that remedial purpose. This rule sets forth a narrowly tailored EPA program to serve the compelling government interest of remedying past and current racial discrimination through agency-wide DBE procurement objectives. EPA intends to evaluate the propriety of the Disadvantaged Business Enterprise program in 7 years through subsequent rulemaking. This rule also revises EPA's Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) program and renames it EPA's Disadvantaged Business Enterprise (DBE) Program. EPA is removing existing MBE/WBE specific provisions in regulations for grants and agreements with institutions of higher education, hospitals, and other non-profit organizations; and uniform administrative requirements for grants and cooperative agreements to state and local governments, state and local assistance, and research and demonstration grants, and is consolidating and adding to these provisions in this new regulation. This rule affects only procurements under EPA financial assistance agreements. This rule does not apply to direct Federal procurement actions. If you are a recipient of an EPA financial assistance agreement or an entity receiving an identified loan under a financial assistance agreement capitalizing a revolving loan fund, this rule may affect you.
Nortel Government Solutions, Incorporated; Transfer of Data
Document Number: E8-6000
Type: Notice
Date: 2008-03-26
Agency: Environmental Protection Agency
This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be tranferred to the Nortel Government Solutions, Incorporated, in accordance with 40 CFR 2.309(c) and 2.308(h)(2). The Nortel Government Solutions, Incorporated, will perform work for OPP under an Interagency Agreement (IAG). Access to this information will enable Nortel Government Solutions, Incorporated., to fulfill the obligations of the IAG.
Registration Review; New Dockets Opened for Review and Comment
Document Number: E8-5999
Type: Notice
Date: 2008-03-26
Agency: Environmental Protection Agency
EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.
Determinations of Attainment of the Eight-Hour Ozone Standard for Various Ozone Nonattainment Areas in Upstate New York State
Document Number: E8-6027
Type: Rule
Date: 2008-03-25
Agency: Environmental Protection Agency
The EPA is determining that three ozone nonattainment areas in New York, the Albany-Schenectady-Troy, Jefferson County and Rochester areas, have attained the 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This determination is based upon certified ambient air monitoring data that show each area has monitored attainment of the 8-hour ozone NAAQS based on complete, quality-assured ambient air monitoring data for the three year period ending in 2006. In addition, data for 2007 show that the areas continue to attain the standard. This determination suspends any applicable requirements for these areas to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans related to attainment of the 8-hour ozone NAAQS. These requirements shall remain suspended for so long as these areas continue to attain the ozone NAAQS. New York proposed that Essex County had also attained the 8-hour ozone standard, but because of incomplete data, a determination of attainment cannot be made at this time.
Agency Information Collection Activities: Proposed Collection; Comment Request; Establishing No-Discharge Zones Under Clean Water Act Section 312; EPA ICR No.1791.08, OMB Control No. 2040-0187
Document Number: E8-6002
Type: Notice
Date: 2008-03-25
Agency: Environmental Protection Agency
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 to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on June 30, 2008. 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.
Pyraclostrobin; Pesticide Tolerance
Document Number: E8-5893
Type: Rule
Date: 2008-03-24
Agency: Environmental Protection Agency
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
Document Number: E8-5880
Type: Notice
Date: 2008-03-24
Agency: Environmental Protection Agency
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
Document Number: E8-5879
Type: Notice
Date: 2008-03-24
Agency: Environmental Protection Agency
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
Document Number: E8-5878
Type: Notice
Date: 2008-03-24
Agency: Environmental Protection Agency
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
Document Number: E8-5807
Type: Rule
Date: 2008-03-24
Agency: Environmental Protection Agency
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
Document Number: E8-5800
Type: Rule
Date: 2008-03-24
Agency: Environmental Protection Agency
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
Document Number: E8-5798
Type: Proposed Rule
Date: 2008-03-24
Agency: Environmental Protection Agency
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
Document Number: E8-5589
Type: Rule
Date: 2008-03-24
Agency: Environmental Protection Agency
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
Document Number: E8-5588
Type: Proposed Rule
Date: 2008-03-24
Agency: Environmental Protection Agency
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
Document Number: E8-5583
Type: Rule
Date: 2008-03-24
Agency: Environmental Protection Agency
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.
Environmental Impact Statements and Regulations;
Document Number: E8-5802
Type: Notice
Date: 2008-03-21
Agency: Environmental Protection Agency
EPA expressed environmental concerns about the long-term impacts to marine habitats and migratory species from dredge/fill actions, and requested a more thorough cumulative impacts analysis and suggested the Corps consider developing a broader shoreline management strategy. Rating EC2.
Adequacy Status of Submitted State Implementation Plans for Transportation Conformity Purposes: Motor Vehicle Emissions Budgets for the Houston-Galveston-Brazoria and the Dallas-Fort Worth 8-Hour Ozone Nonattainment Areas
Document Number: E8-5791
Type: Notice
Date: 2008-03-21
Agency: Environmental Protection Agency
In this notice, EPA is notifying the public that we have found the on-road motor vehicle emissions budgets (MVEB) contained in the revisions to the Houston-Galveston-Brazoria 8-hour ozone reasonable further progress plan and the Dallas-Fort Worth 8-hour ozone attainment demonstration plan adequate for transportation conformity purposes. As a result of our finding, the budgets from the submitted state implementation plan revisions must be used for future conformity determinations in the Houston-Galveston-Brazoria and the Dallas-Fort Worth areas.