Environmental Protection Agency April 2, 2008 – Federal Register Recent Federal Regulation Documents

The EPA is designating 13 Early Action Compact (EAC) Areas as attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The EAC areas agreed to reduce ground-level ozone pollution earlier than the Clean Air Act (CAA) required and to demonstrate attainment with the 8-hour ozone NAAQS by December 31, 2007. The States in which these 13 areas are located have submitted quality-assured data indicating that the areas are in attainment for the 8-hour ozone NAAQS based on ambient air monitoring data from 2005, 2006 and 2007. In addition, consistent with EPA's implementing regulations, the 1-hour ozone NAAQS will no longer apply in each of these areas one year after the effective date of the designation. We are modifying the 8-hour ozone NAAQS tables in the regulations to reflect the attainment designation for the 13 EAC areas and the 1-hour ozone NAAQS tables in the regulations to reflect that the 1-hour standard will no longer apply in these areas as of April 15, 2009. Additionally, we are modifying the 8-hour and 1-hour ozone NAAQS tables in the regulations to reflect the nonattainment designation for the Denver EAC area, which became effective November 20, 2007 and to reflect that the 1-hour standard will no longer apply in that area as of November 20, 2008.

This regulation establishes an exemption from the requirement of a tolerance under 40 CFR 180.910 for residues of ferric citrate (CAS Reg. No. 2338-05-8) in or on raw agricultural commodities when applied/ used as inert ingredients in pesticide formulations. The Shepherd Chemical Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996, requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of ferric citrate.

On October 19, 2006, EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing, published on May 22, 2003. The purpose of the proposed amendments was to clarify the emission requirements for process vents by establishing a new maximum achievable control technology floor level of control for existing combined hazardous air pollutants process vent streams containing inorganic and organic hazardous air pollutants and adding requirements for new and reconstructed combined hazardous air pollutants process vents. For existing combined hazardous air pollutants process vents, EPA had proposed that the floor was no control. In light of Sierra Club v. EPA, we are re-proposing the requirements for existing and new combined hazardous air pollutants process in this supplemental proposal.

Alabama has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Alabama. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble of the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment.

This notice announces the availability of EPA's risk assessments, and related documents for the pesticides tributyltin oxide, tributyltin benzoate, and tributyltin maleate, and opens a public comment period on these documents (Phase 3 of 4-Phase Process). The public is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for tributyltin oxide, tributyltin benzoate, and tributyltin maleate through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration decisions. Through this program, EPA is ensuring that all pesticides meet current health and safety standards.

This regulation establishes tolerances for combined residues of dicamba and its 5-hydroxy metabolite in or on corn, sweet, forage; corn, sweet, kernel plus cob with husks removed; and corn, sweet, stover. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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 approval for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR, entitled: ``Use of Consumer Research in Developing Improved Labeling for Pesticide Products'' and identified by EPA ICR No. 2297.01 and OMB Control No. 2070-new. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

EPA is approving a State Implementation Plan (SIP) revision to exempt initial fueling of motor vehicles at automobile assembly plants in the St. Louis metropolitan area from the Missouri Performance Evaluation Test Procedures (MO/PETP) approval test requirements. MO/ PETP requirements were initially implemented to maintain the integrity of local air quality by regulating gasoline fueling emissions. The Missouri Department of Natural Resources (MDNR) provided an air quality analysis and it was determined that removal of these test requirements for initial fueling at automobile assembly plants will not adversely affect air quality in the St. Louis area. In addition, certain portions of the rule were renumbered and reformatted. This revision will ensure consistency between the state and the federally-approved rules.

EPA proposes to approve a State Implementation Plan (SIP) revision to exempt initial fueling of motor vehicles at automobile assembly plants in the St. Louis metropolitan area from the Missouri Performance Evaluation Test Procedures (MO/PETP) approval test requirements. MO/PETP requirements were initially implemented to maintain the integrity of local air quality by regulating gasoline fueling emissions. The Missouri Department of Natural Resources (MDNR) provided an air quality analysis and it was determined that removal of these test requirements for initial fueling at automobile assembly plants will not adversely affect air quality in the St. Louis area. In addition, certain portions of the rule were renumbered and reformatted. This revision will ensure consistency between the state and the federally-approved rules.

EPA is finalizing approval of revisions to the Bay Area Air Quality Management District (BAAQMD) portion of the California State Implementation Plan (SIP). These revisions were proposed in the Federal Register on December 20, 2007, and concern nitrogen oxides (NOX) and carbon monoxide (CO) emissions from boilers, steam generators and process heaters at petroleum refineries. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).