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

Fenvalerate; Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
Document Number: E8-9511
Type: Notice
Date: 2008-04-30
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 requests by the registrants to voluntarily cancel the registrations for all of their products containing 4-chloro-alpha- (1-methylethyl)benzeneacetic acid, cyano(3-phenoxyphenyl)methyl ester (fenvalerate). The requests would terminate the last fenvalerate products registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw their requests within this period. Upon acceptance of these requests, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order.
Land Disposal Restrictions: Site-Specific Treatment Variance for P and U-Listed Hazardous Mixed Wastes Treated by Vacuum Thermal Desorption at the EnergySolutions' Facility in Clive, UT
Document Number: E8-9482
Type: Rule
Date: 2008-04-30
Agency: Environmental Protection Agency
On March 6, 2008, the Environmental Protection Agency (EPA) published in the Federal Register 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 using vacuum thermal desorption. At the same time, the EPA also published a parallel proposal in the Federal Register to address any adverse comments received on the direct final rule. We specifically noted that if EPA received adverse comment on the direct final rule, EPA would withdraw the direct final rule and address public comments in any subsequent final rule. Because EPA received an adverse comment, we are withdrawing the direct final rule and will address the comment in a final rule.
Science Advisory Board Staff Office; Notification of an Upcoming Closed Meeting of the Science Advisory Board's Scientific and Technological Achievement Awards Committee
Document Number: E8-9480
Type: Notice
Date: 2008-04-30
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency's (EPA), Science Advisory Board (SAB) Staff Office announces a closed meeting of the SAB's Scientific and Technological Achievement Awards (STAA) Committee to recommend to the Administrator the recipients of the Agency's 2008 Scientific and Technological Achievement Awards.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Revisions to Particulate Matter Rules
Document Number: E8-9330
Type: Rule
Date: 2008-04-30
Agency: Environmental Protection Agency
On March 14, 2008, EPA proposed to approve Indiana's February 21, 2008, request to revise its particulate matter State Implementation Plan (SIP) for sources in Clark, Dearborn, Dubois, Howard, Lake, Marion, St. Joseph, Vanderburgh, Vigo, and Wayne Counties. This SIP revision updated facility names, revised formatting, removed sources no longer in operation, and revised some emission limits. The State submitted air quality modeling analyses that demonstrated that air quality will continue to be protected in the five counties where some emission limits increased. EPA received one letter containing several comments on the proposal. After review of these comments and for the reasons discussed below, EPA is approving this SIP revision request.
Approval and Promulgation of State Implementation Plans: Idaho
Document Number: E8-9269
Type: Proposed Rule
Date: 2008-04-29
Agency: Environmental Protection Agency
The EPA is proposing to approve revisions to Idaho's State Implementation Plan (SIP) relating to open burning and crop residue disposal requirements and visible emissions. The Director of the Idaho Department of Environmental Quality (IDEQ) submitted a draft SIP revision to the EPA on April 15, 2008. The EPA is proposing to approve this draft SIP revision at Idaho's request because, if adopted by the State in its current form, it would satisfy the requirements of the Clean Air Act (hereinafter the Act or CAA). The State has scheduled a public hearing on this draft revision for May 2, 2008. The Director of the IDEQ also submitted a SIP revision relating to open burning and crop residue disposal requirements on May 22, 2003, which the EPA approved on July 11, 2005 (70 FR 39658). A State public hearing for this revision was held on September 11, 2002. In a ruling issued on January 30, 2007, and amended on May 29, 2007, that approval was remanded and vacated by the U.S. Court of Appeals for the 9th Circuit in Safe Air for Everyone v. USEPA, 475 F.3d 1096, amended 488 F.3d 1088 (9th Cir 2007) (SAFE decision). The EPA is re-proposing to approve the portion of the May 22, 2003, SIP revision that would not be changed by the draft SIP revision, if adopted, submitted on April 15, 2008. We are proposing to approve this portion of the SIP revision because it satisfies the requirements of the Act and does not contravene the Court's SAFE decision.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Section 110(a)(1) 8-Hour Ozone Maintenance Plan for the White Top Mountain, Smyth County, VA 1-Hour Ozone Nonattainment Area
Document Number: E8-9266
Type: Rule
Date: 2008-04-29
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision pertains to a 10-year maintenance plan for the White Top Mountain 1-hour ozone nonattainment area located in Smyth County, Virginia. This action is being taken under the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of Stationary Generator Emissions
Document Number: E8-9262
Type: Rule
Date: 2008-04-29
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision contains provisions to control emissions from stationary generators. EPA is approving this SIP revision in accordance with the Clean Air Act (CAA).
Approval and Promulgation of Implementation Plans Kentucky: Tennessee Valley Authority Paradise Facility State Implementation Plan Revision
Document Number: E8-9252
Type: Rule
Date: 2008-04-29
Agency: Environmental Protection Agency
EPA is taking final action to approve a source specific State Implementation Plan (SIP) revision submitted on October 19, 2007, by the Commonwealth of Kentucky through the Kentucky Division for Air Quality (KDAQ). This SIP revision supercedes a previous source-specific revision approved by EPA on August 25, 1989, including an equivalency demonstration supporting the redistribution of sulfur dioxide (SO2) emissions from Tennessee Valley Authority's (TVA's) Paradise Steam Plant located in Muhlenburg County, Kentucky. The revision being approved now includes SO2 limits that are more stringent than the current SIP-approved statewide SO2 limits for electric generating units (EGUs). Consistent with Kentucky Administrative Regulations (KAR) approved into the SIP, affected facilities located in Muhlenberg County are subject to an SO2 emission limit of 3.1 pounds per million British Thermal Units (lbs/mmBTU). The 3.1 lbs/mmBTU limit was approved by EPA on June 24, 1983, as part of Kentucky's control strategy for attaining and maintaining the primary and secondary SO2 national ambient air quality standard (NAAQS) in Muhlenberg County. This current SIP action will approve a limit of 1.2 lbs/mmBTU for all three units with limited bypass emissions of 3.1 lbs/mmBTU for scrubber maintenance on Unit 3. This revision was proposed for approval on February 5, 2008, and no adverse comments were received.
Outer Continental Shelf Air Regulations Consistency Update for California
Document Number: E8-9092
Type: Rule
Date: 2008-04-29
Agency: Environmental Protection Agency
EPA is finalizing the updates of the Outer Continental Shelf (``OCS'') Air Regulations proposed in the Federal Register on November 16, 2007. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (``COA''), as mandated by section 328(a)(1) of the Clean Air Act Amendments of 1990 (``the Act''). The portions of the OCS air regulations that are being updated pertain to the requirements for OCS sources for which the Santa Barbara County Air Pollution Control District, South Coast Air Quality Management District, and Ventura County Air Pollution Control District are the designated COA. The intended effect of approving the requirements contained in ``Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources'' (December, 2007), ``South Coast Air Quality Management District Requirements Applicable to OCS Sources'' (Parts I, II and III) (December, 2007), and ``Ventura County Air Pollution Control District Requirements Applicable to OCS Sources'' (December, 2007) is to regulate emissions from OCS sources in accordance with the requirements onshore.
Redesignation of the Forest County Potawatomi Community Reservation to a PSD Class I Area; Dispute Resolution With the State of Wisconsin
Document Number: E8-8970
Type: Rule
Date: 2008-04-29
Agency: Environmental Protection Agency
The purpose of this notice is to announce the resolution of an intergovernmental dispute over a request by the Forest County Potawatomi Community (FCP Community) to redesignate portions of the FCP Community reservation as a non-Federal Class I area under the Clean Air Act (CAA or Act) program for prevention of significant deterioration of air quality. On June 8, 1995, the Governors of Wisconsin and Michigan raised concerns about EPA's proposal to approve the request of the FCP Community to redesignate portions of its reservation as a non-Federal Class I area and asked EPA to initiate the intergovernmental dispute resolution process provided for in the CAA. The State of Wisconsin and the FCP Community were able to reach an agreement concerning the redesignation. After considering the final agreement signed by the FCP Community and the State of Wisconsin, EPA finds that this agreement resolves the dispute and no further action is required by EPA. In a separate rulemaking published in this Federal Register, EPA is finalizing its proposed decision to redesignate the FCP Community as a non-Federal Class I area. The Class I designation will result in lowering the allowable increases in ambient concentrations of particulate matter, sulfur dioxide, and nitrogen oxide within the reservation.
Redesignation of the Forest County Potawatomi Community Reservation to a PSD Class I Area; Dispute Resolution with the State of Michigan
Document Number: E8-8969
Type: Rule
Date: 2008-04-29
Agency: Environmental Protection Agency
The purpose of this notice is to announce the EPA resolution of an intergovernmental dispute over a request by the Forest County Potawatomi Community (FCP Community) to redesignate portions of the FCP Community reservation as a non-Federal Class I area under the Clean Air Act (CAA or Act) program for Prevention of Significant Deterioration (PSD) of air quality. On June 8, 1995, the Governors of Wisconsin and Michigan raised concerns about EPA's proposal to approve the request of the FCP Community to redesignate portions of its reservation as a non- Federal Class I area and asked EPA to enter negotiations with the parties to resolve the dispute as provided for in the CAA. The State of Michigan and the FCP Community were unable to reach an agreement concerning the redesignation. After fully considering the concerns raised by the State of Michigan, EPA has determined that it is not proper in these particular circumstances to disapprove the FCP Community's redesignation request. The Class I redesignation is described in a final rulemaking notice also published in this Federal Register. The Class I designation will result in lowering the allowable increases in ambient concentrations of particulate matter, sulfur dioxide, and nitrogen oxide within the reservation.
Agency Information Collection Activities: Submissions for OMB Review; Comment Request; Proposed Collection and Comment Request for the Outer Continental Shelf Air Regulation; EPA ICR No. 1601.07; OMB Control No. 2060-0249
Document Number: E8-8960
Type: Notice
Date: 2008-04-29
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 Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on January 31, 2009. 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; Wisconsin; Redesignation of the Forest County Potawatomi Community Reservation to a PSD Class I Area
Document Number: E8-8946
Type: Rule
Date: 2008-04-29
Agency: Environmental Protection Agency
In this final action, EPA is approving the request by the Forest County Potawatomi Community's (FCP Community) Tribal Council to redesignate certain portions of the FCP Community Reservation as a non- Federal Class I area under the Clean Air Act (Act or CAA) program for the Prevention of Significant Deterioration (PSD) of air quality. These regulations are designed to preserve the air quality in national parks and other areas that are meeting the National Ambient Air Quality Standards (NAAQS). The Class I designation will result in lowering the allowable increases in ambient concentrations of particulate matter, sulfur dioxide, and nitrogen dioxide on the Reservation.
Determination of Attainment for the Ozone National Ambient Air Quality Standards for Nonattainment Areas in Delaware, District of Columbia, Maryland, Pennsylvania, and Virginia
Document Number: E8-9261
Type: Proposed Rule
Date: 2008-04-28
Agency: Environmental Protection Agency
EPA is proposing to determine that two severe 1-hour ozone nonattainment areas, Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD and Metropolitan Washington, DC-MD-VA, attained the 1-hour ozone National Ambient Air Quality Standards (NAAQS) by the applicable attainment date of November 15, 2005. EPA also proposes to find that these areas are not subject to the imposition of the penalty fees under section 185 of the Clean Air Act (CAA). This proposal is based on three years of complete, quality-assured ambient air quality monitoring data for 2003 through 2005 ozone seasons. This proposed determination of attainment is not a redesignation to attainment for these severe areas for which air quality monitoring data indicates attainment of the standard. EPA is proposing this action to fulfill obligations to make such determinations under the CAA.
Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act
Document Number: E8-9249
Type: Notice
Date: 2008-04-28
Agency: Environmental Protection Agency
In accordance with Section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(h)(1), notice is hereby given of a proposed administrative settlement concerning the Webster-Gulf Nuclear Superfund Site, Gulf Nuclear Superfund Site, and the Tavenor-Gulf Nuclear Superfund Site, collectively known as the Gulf Nuclear Superfund Site (the Sites). The Sites are located in Webster, Harris County, Texas; Odessa, Ector County, Texas; and Houston, Harris County, Texas. The Settling Party, the Texas Department of State Health Services (DSHS) has provided to EPA In-Kind Services valued at $124,592.40. A $102,000 portion of the value of the In-Kind Services already provided shall be valued as consideration in the Settlement Agreement. The remaining In-Kind Services value of $22,592.40 will be available to the Settling Party to use as credit for any expenditure of costs at the Sites that go beyond EPA's estimated response costs of $29,864,194.82. The purpose of this Agreement is to settle the claims for past costs incurred by EPA against DSHS, a potentially responsible party (PRP) who arranged for the disposal or treatment of hazardous substances at the Sites. The settlement includes a covenant not to sue which includes, but is not limited to: (1) Any direct or indirect claim for reimbursement from the EPA Hazardous Substance Superfund pursuant to Sections 106(b)(2), 107, 111, 112, or 113 of CERCLA, 42 U.S.C. 9606(b)(2), 9607, 9611, 9612, or 9613; (2) any claims arising out of the response actions at or in connection with the Sites; and (3) any claims against the United States pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613, relating to the Sites. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received 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. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733.
Adequacy Status of the Northern Kentucky Attainment Demonstration 8-Hour Ozone Motor Vehicle Emission Budgets for Transportation Conformity Purposes
Document Number: E8-9244
Type: Notice
Date: 2008-04-28
Agency: Environmental Protection Agency
EPA is notifying the public that it has found that the motor vehicle emissions budgets (MVEBs) in the Northern Kentucky Attainment Demonstration State Implementation Plan (SIP) revision, submitted on December 7, 2007, by the Kentucky Division of Air Quality (KDAQ) are adequate for transportation conformity purposes. As a result of EPA's finding, the Northern Kentucky Area (Boone, Campbell and Kenton Counties) must use the MVEBs from the December 7, 2007, Northern Kentucky Attainment Demonstration SIP for future conformity determinations for the 1997 8-hour ozone standard.
Withdrawal of Federal Implementation Plans for the Clean Air Interstate Rule in 12 States
Document Number: E8-9219
Type: Rule
Date: 2008-04-28
Agency: Environmental Protection Agency
EPA is withdrawing Federal Implementation Plans (FIPs) for the Clean Air Interstate Rule (CAIR) in Alabama, Arkansas, Florida, Georgia, Illinois, Iowa, Kentucky, Louisiana (SO2 FIP trading program only), Massachusetts, Mississippi, Missouri, and Virginia because these 12 states have previously submitted and received EPA approval of full state implementation plans (SIPs) to meet the CAIR requirements. When EPA issued the CAIR FIPs on April 28, 2006, it stated that it would withdraw the FIPs in a state in coordination with the approval of the CAIR SIP for that state. Also, when EPA approved the CAIR SIPs for these states, it explained that it would take a separate action to remove the CAIR FIPs for those states. EPA is now acting to formally withdraw the FIPs for 12 states. This action is necessary because EPA's approval of those states' CAIR SIPs corrected the deficiency that provided the basis for EPA's promulgation of the FIPs. EPA is also removing the CAIR FIP regulatory text for Connecticut and New York. The FIPs for these states have already been automatically withdrawn pursuant to a rulemaking published on November 2, 2007. This ministerial action is necessary to correct the regulatory text.
Standards of Performance for Coal Preparation Plants
Document Number: E8-9104
Type: Proposed Rule
Date: 2008-04-28
Agency: Environmental Protection Agency
Pursuant to section 111(b)(1)(B) of the Clean Air Act (CAA), EPA has reviewed the emissions limits in the standards of performance for coal preparation plants which were promulgated January 15, 1976. This action presents the results of EPA's review and proposes amendments to limits for coal preparation plants consistent with those results. Specifically, we are proposing to tighten and add additional particulate matter (PM) emissions limits for sources constructed after April 28, 2008. In addition, we are proposing to clarify the procedures used to measure emissions from coal preparation plants and add new monitoring requirements for sources constructed after April 28, 2008.
National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List
Document Number: E8-9077
Type: Rule
Date: 2008-04-28
Agency: Environmental Protection Agency
The United States Environmental Protection Agency (EPA) Region 2 announces the deletion from the National Priorities List (NPL) of the following two specific parcels of real property located at the Seneca Army Depot Activity (SEDA) Superfund Site (Site), Romulus, New York: Real Estate Parcel 1, except for a portion of this parcel known as SEAD-24; and the entirety of Real Estate Parcel 2. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300, which is an appendix to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This partial deletion of SEDA parcels is done in accordance with 40 CFR 300.425(e) and the Notice of Policy Change: Partial Deletion of Sites Listed on the National Priorities List, 60 FR 55466 (Nov. 1, 1996). This deletion pertains to all media (surface soils, subsurface soils, structures, surface water, and ground water) within Parcel 1, excluding the SEAD-24 portion of Parcel 1, and Parcel 2. Parcel 1, also known as the Empire Biofuels Redevelopment area, is located midway on the western edge of SEDA. Most of this Parcel did not require remedial investigations under CERCLA. The two areas within Parcel 1 that were investigated under CERCLA are known as SEAD-58 and SEAD-24. SEAD-58 includes two debris disposal areas that have been found to require no active remediation under CERCLA. SEAD-24 is a two- acre area which underwent a soil removal action in 2004 and is awaiting a determination by EPA that all appropriate response actions have been implemented. SEAD-24 is not included in this deletion and will remain on the NPL. Parcel 2, also known as the Seneca County Public Safety Building and Jail area, is located along the eastern perimeter of SEDA in the southeast quadrant. The parcel encompasses two sub-parcel areas designated as SEAD-50 and SEAD-54, both of which have been remediated. Subsequent sampling of these two areas confirmed that all appropriate CERCLA response actions were performed. However, SEAD-50 and 54 are subject to institutional controls in the form of deed restrictions which prohibit residential use and use of the groundwater as they are part of the encompassing Planned Industrial Development area. The rest of SEDA will remain on the NPL, and response activities will continue at the remaining areas determined to be in need of response actions. The EPA and the State of New York, through the New York State Department of Environmental Conservation, have determined that all appropriate response actions under CERCLA have been completed at the parcels proposed for deletion. However, the deletion of these parcels does not preclude future actions under Superfund.
Metconazole; Pesticide Tolerances
Document Number: E8-8971
Type: Rule
Date: 2008-04-28
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of metconazole in or on wheat, barley, rye, oat, sugar beet, and soybeans. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also establishes tolerances for residues of metconazole in or on stone fruit, tree nuts, and peanuts. Valent U.S.A. Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM-10; Revision of Designation; Redesignation of the San Joaquin Valley Air Basin PM-10 Nonattainment Area to Attainment; Approval of PM-10 Maintenance Plan for the San Joaquin Valley Air Basin; Approval of Commitments for the East Kern PM-10 Nonattainment Area
Document Number: E8-9139
Type: Proposed Rule
Date: 2008-04-25
Agency: Environmental Protection Agency
EPA is proposing to approve the State of California's request to revise the designation for the San Joaquin Valley (SJV) serious nonattainment area for particulate matter of ten microns or less (PM- 10) (SJV nonattainment area) by splitting the area into two separate nonattainment areas: The San Joaquin Valley Air Basin serious PM-10 nonattainment area and the East Kern serious PM-10 nonattainment area. EPA is also proposing to redesignate the SJVAB nonattainment area to attainment for the PM-10 national ambient air quality standard (NAAQS) and proposing to approve the PM-10 maintenance plan, motor vehicle emissions budgets and conformity trading mechanism for the area. EPA is also proposing to exclude from use in determining that the area has attained the standard two exceedances that EPA has concluded were caused by exceptional events that occurred on July 4, 2007 and January 4, 2008. Finally, EPA is proposing to approve enforceable commitments by the Kern County Air Pollution Control District and the California Air Resources Board to install a PM-10 monitor in the East Kern nonattainment area and to address Clean Air Act requirements under section 189(d) as necessary for the area.
Formaldehyde Emissions from Composite Wood Products; TSCA Section 21 Petition; Notice of Receipt
Document Number: E8-9136
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
This notice announces that EPA has received a petition under section 21 of the Toxic Substances Control Act (TSCA), and requests comments on issues raised by the petition. The petition was received on March 24, 2008, from 25 organizations and approximately 5,000 individuals. The petitioners are concerned about risks to human health and the environment from exposure to formaldehyde in composite wood products, including hardwood plywood, particle board, and medium density fiberboard. They are petitioning EPA to assess and reduce these risks by exercising its authority under TSCA section 6(a) to: Adopt and apply nationally the formaldehyde emissions regulation for composite wood products recently approved by the California Air Resources Board; and to extend the regulation to include composite wood products used in manufactured homes. EPA must either grant or deny a TSCA section 21 petition within 90 days of receipt of the petition, which for this petition is June 21, 2008.
Draft Risk and Exposure Assessment Reports for Nitrogen Dioxide (NO2
Document Number: E8-9132
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
The EPA is announcing an extension of the public comment period on the Draft Risk and Exposure Assessment Reports for Nitrogen Dioxide (NO2) (73 FR 20045; April 14, 2008). The EPA is extending the comment period that originally ends on May 1, 2008. The extended comment period will close on May 30, 2008. The EPA is extending the comment period to provide stakeholders and the public with adequate time to conduct appropriate analysis and prepare meaningful comments.
Smalley-Piper Superfund Site; Collierville, Shelby County, TN; Notice of Settlement
Document Number: E8-9129
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the Smalley-Piper Superfund Site located in Collierville, Shelby County, Tennessee for publication.
National Advisory Council for Environmental Policy and Technology
Document Number: E8-9125
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting 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 meeting is to discuss biofuels, environmental technology, and sustainable water infrastructure. The Council will also be discussing potential projects on environmental information and integrated modeling for integrated environmental decision making, among other issues. A copy of the agenda for the meeting will be posted at http://www.epa.gov/ocem/nacept/cal- nacept.htm.
Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Correction to Description of Equivalent Method EQPM-0308-170 MetOne Instruments, Inc.'s, BAM-1020 Beta Attentuation Mass Monitor
Document Number: E8-9089
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
Notice is hereby given that the Environmental Protection Agency (EPA) designated on March 12, 2008, in accordance with 40 CFR part 53, one new equivalent method for measuring concentrations of particulate matter as PM2.5 in the ambient air. This notice corrects the description of the method.
Draft Toxicological Review of Ethylene Glycol mono-Butyl Ether (EGBE): In Support of the Summary Information in the Integrated Risk Information System (IRIS)
Document Number: E8-9088
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
The EPA is announcing a public comment period for the external review draft document entitled, ``Toxicological Review of Ethylene Glycol mono-Butyl Ether (EGBE): In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-08/006A). EPA intends to consider comments and recommendations from the public and the expert panel meeting, which will be scheduled at a later date and announced in the Federal Register, when EPA finalizes the draft document. The public comment period will provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments, submitted in accordance with this notice, to the external peer-review panel prior to the workshop for their consideration. EPA is releasing this draft document solely for the purpose of pre- dissemination public 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. The draft document is available via the Internet on NCEA's home page under the Recent Additions and the Data and Publications menus at http://www.epa.gov/ncea. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice.
Environmental Impacts Statements; Notice of Availability
Document Number: E8-9075
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E8-9074
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
EPA does not object to the proposed action. Rating LO.
Hevea brasiliensis Natural Rubber Latex Adhesives; TSCA Section 21 Petition; Notice of Receipt
Document Number: E8-9041
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
This notice announces that EPA has received a petition under section 21 of the Toxic Substances Control Act (TSCA), and requests comments on issues raised by the petition. The petition was received from Michael J. Dochniak on March 6, 2008, and asks EPA ``to establish regulations prohibiting the use and distribution in commerce of Hevea brasiliensis natural rubber latex adhesives having a total protein content greater than 200 micrograms per dry weight of latex based on the American Society for Testing and Material's method ASTM D1076-06 (Category 4),'' because ``implementation of an EPA regulation may affect the incidence and prevalence of latex allergy and allergy- induced autism in neonates.'' EPA must either grant or deny a TSCA section 21 petition within 90 days of receipt of the petition, and, will, therefore, respond to this petition by June 3, 2008.
EPA White Paper Regarding StarLink®
Document Number: E8-9003
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
EPA is making available a final White Paper that reviews data on the level in the human food supply of Cry9C protein from StarLink[reg] corn grain. It concludes that the protein has been sufficiently removed from the human food supply to render the level of risk low enough that continued testing for the protein in yellow corn at dry mills and masa production facilities provides no added public heath protection. The White Paper therefore recommends that the Food and Drug Administration (FDA) withdraw its guidance recommending testing yellow corn grain for Cry9C at dry mills and masa production facilities. Concurrent with this notice, FDA is publishing a notice in the Federal Register withdrawing their guidance.
Regulation of Fuels and Fuel Additives: Revised Definition of Substantially Similar Rule for Alaska
Document Number: E8-8945
Type: Proposed Rule
Date: 2008-04-25
Agency: Environmental Protection Agency
EPA is proposing to revise an interpretive rule defining the term ``substantially similar'' for unleaded gasoline as that phrase is used in section 211(f) of the Clean Air Act (the Act). To meet the current definition, fuel or fuel additives must possess, at the time of manufacture, all of the physical and chemical characteristics of an unleaded gasoline as specified in ASTM Standard D 4814-88 for at least one of the Seasonal and Geographical Volatility Classes specified in the standard. EPA proposes to amend the definition to allow some additional flexibility for the vapor/liquid ratio specification for fuel introduced into commerce in the state of Alaska. In the ``Rules and Regulations'' section of this Federal Register, we are amending the ``substantially similar'' definition 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.
Regulation of Fuels and Fuel Additives: Revised Definition of Substantially Similar Rule for Alaska
Document Number: E8-8944
Type: Rule
Date: 2008-04-25
Agency: Environmental Protection Agency
EPA is taking direct final action to revise an interpretive rule defining the term ``substantially similar'' for unleaded gasoline as that phrase is used in section 211(f) of the Clean Air Act (the Act). To meet the current definition, fuel or fuel additives must possess, at the time of manufacture, all of the physical and chemical characteristics of an unleaded gasoline as specified in ASTM Standard D 4814-88 for at least one of the Seasonal and Geographical Volatility Classes specified in the standard. EPA is amending the definition to allow some additional flexibility for the vapor/liquid ratio specification for fuel introduced into commerce in the state of Alaska in order to improve cold starting for vehicles during the winter months in Alaska.
Integrated Risk Information System (IRIS); Announcement of Availability of Literature Searches for IRIS Assessments
Document Number: E8-8885
Type: Notice
Date: 2008-04-25
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is announcing the availability of literature searches for three IRIS assessments, manganese (CAS No. 7439-9), 1,2,4 trimethylbenzene (CAS No. 95-63-6), and 1,3,5-trimethylhenzene (CAS No. 108-67-8) that may be started in 2008, and requesting scientific information on health effects that may result from exposure to these chemical substances. The Integrated Risk Information System (IRIS) is an EPA database that contains information on human health effects that may result from chronic exposure to chemical substances in the environment. EPA will accept information related to the specific substances included herein as well as any other compounds being assessed by the IRIS Program. Please submit any information in accordance with the instructions provided below.
Water Quality & Pesticide Disposal; Notice of Public Meeting
Document Number: E8-8999
Type: Notice
Date: 2008-04-24
Agency: Environmental Protection Agency
The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Working Committee on Water Quality and Pesticide Disposal (WQ & PD) will hold a 2-day meeting, beginning on May 5, 2008 and ending May 6, 2008. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.
Access to Confidential Business Information by Solutions by Design II
Document Number: E8-8995
Type: Notice
Date: 2008-04-24
Agency: Environmental Protection Agency
EPA has authorized its contractor, Solutions by Design II (SBD) of Vienna, VA, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).
Agency Information Collection Activities; Proposed Collection; Comment Request; Application for Reference and Equivalent Method Determination (Renewal); EPA ICR No. 0559.11 OMB Control No. 2080-0005
Document Number: E8-8965
Type: Notice
Date: 2008-04-24
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). 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.
Navajo Nation; Underground Injection Control (UIC) Program; Proposed Primacy Approval and Minor Revisions
Document Number: E8-8961
Type: Proposed Rule
Date: 2008-04-24
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing to approve an application from the Navajo Nation (``Tribe'') under Section 1425 of the Safe Drinking Water Act (SDWA) for primary enforcement responsibility (or ``primacy'') for the underground injection control (UIC) program for Class II (oil and gas-related) injection wells located: within the exterior boundaries of the formal Navajo Reservation, including the three satellite reservations (Alamo, Canoncito and Ramah), but excluding the former Bennett Freeze Area, the Four Corners Power Plant and the Navajo Generating Station; and on Navajo Nation tribal trust and allotted lands outside the exterior boundaries of the formal Navajo Reservation. (These areas are collectively referred to hereinafter as ``areas covered by the Tribe's Primacy Application.'') EPA would continue to administer its SDWA UIC program for any Class I, III, IV, and V wells on Navajo Indian lands (defined as Indian country in EPA UIC regulations; see definition of ``Indian lands''). EPA is also proposing minor revisions to regulations that are not specific to the Navajo Nation's application. EPA requests public comment on this proposed rule, the Navajo Nation's application, and EPA's supporting documentation, and will consider all comments received within the public comment period before taking final action.
Approval and Promulgation of Air Quality Implementation Plans; Montana; Whitefish PM10
Document Number: E8-8862
Type: Rule
Date: 2008-04-24
Agency: Environmental Protection Agency
EPA is taking direct final action approving State Implementation Plan (SIP) revisions submitted by the Governor of Montana on June 26, 1997, and June 13, 2000. (Portions of the June 26, 1997 submittal were withdrawn by the Governor of Montana on February 8, 1999). These revisions contain an inventory of emissions for Whitefish and establish and require continuation of all control measures adopted and implemented for reductions of particulate aerodynamic diameter less than or equal to 10 micrometers (PM10) in order to attain the PM10 National Ambient Air Quality Standards (NAAQS) in Whitefish. Using the PM10 clean data areas approach, we are approving the control measures and the emissions inventory that were submitted as part of the PM10 nonattainment area SIP for Whitefish. This action is being taken under section 110 of the Clean Air Act (CAA or Act).
Approval and Promulgation of Air Quality Implementation Plans; Whitefish PM10
Document Number: E8-8860
Type: Proposed Rule
Date: 2008-04-24
Agency: Environmental Protection Agency
EPA is proposing to approve State Implementation Plan (SIP) revisions submitted by the Governor of Montana on June 26, 1997, and June 13, 2000. (Portions of the June 26, 1997 submittal were withdrawn by the Governor of Montana on February 8, 1999). These revisions contain an inventory of emissions for Whitefish and establish and require continuation of all control measures adopted and implemented for reductions of particulate aerodynamic diameter less than or equal to 10 micrometers (PM10) in order to attain the PM10 National Ambient Air Quality Standards (NAAQS) in Whitefish. Using the PM10 clean data areas approach, we are proposing to approve the control measures and the emissions inventory that were submitted as part of the PM10 nonattainment area SIP for Whitefish. This action is being taken under section 110 of the Clean Air Act (CAA or Act). EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial 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.
Adequacy Status of the Indiana and Ohio Portions of the Cincinnati-Hamilton, Ohio/Kentucky/Indiana, Submitted 8-Hour Ozone Attainment Demonstration for Transportation Conformity Purposes
Document Number: E8-8858
Type: Notice
Date: 2008-04-23
Agency: Environmental Protection Agency
In this notice, EPA is notifying the public that we have found that the motor vehicle emissions budgets (MVEBs) for volatile organic compounds (VOC) and oxides of nitrogen (NOX) in the Indiana and Ohio portions of the Cincinnati-Hamilton, Ohio/Kentucky/Indiana area are adequate for use in transportation conformity determinations. Indiana submitted the Cincinnati-Hamilton budgets with an 8-hour ozone attainment demonstration on June 13, 2007. As a result of our finding, the Indiana and Ohio portions of the Cincinnati-Hamilton, Ohio/ Kentucky/Indiana area must use the MVEBs from the submitted 8-hour ozone attainment demonstration for future transportation conformity determinations.
Revisions to the California State Implementation Plan; Pesticide Element; Ventura County
Document Number: E8-8812
Type: Proposed Rule
Date: 2008-04-23
Agency: Environmental Protection Agency
Under the Clean Air Act, EPA is proposing to approve a revision of the California State Implementation Plan submitted by the California Air Resources Board on November 30, 2007. The revision would in part, and temporarily, relax a commitment to reduce emissions of volatile organic compounds in Ventura County caused by the application of pesticides. EPA is proposing this action under the Clean Air Act obligation to take action on submittals of revisions to state implementation plans.
National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)
Document Number: E8-8811
Type: Proposed Rule
Date: 2008-04-23
Agency: Environmental Protection Agency
EPA is proposing to amend the National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (non-gasoline) under section 112 of the Clean Air Act to clarify combustion control device compliance requirements, certain storage tank control compliance dates, and vapor balance system monitoring requirements. In addition, EPA is correcting typographical errors found in the July 28, 2006, final rule amendments notice.
National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)
Document Number: E8-8810
Type: Rule
Date: 2008-04-23
Agency: Environmental Protection Agency
EPA is taking direct final action on the national emission standards for hazardous air pollutants for organic liquids distribution (non-gasoline), which EPA promulgated on February 3, 2004, and amended on July 28, 2006. In this action, EPA is clarifying combustion control device compliance requirements, certain storage tank control compliance dates, and vapor balance system monitoring requirements. In addition, EPA is correcting typographical errors found in the July 28, 2006, final rule amendments.
Utah: Final Authorization of State Hazardous Waste Management Program Revisions
Document Number: E8-8799
Type: Rule
Date: 2008-04-23
Agency: Environmental Protection Agency
EPA is withdrawing the immediate final rule, Utah: Final Authorization of State Hazardous Waste Management Program Revisions, published on March 7, 2008 at 73 FR 12277, which authorized revisions to Utah's hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA stated in the immediate final rule that if EPA received comments that oppose this authorization, EPA would publish a timely notice of withdrawal in the Federal Register. Since EPA did receive comments that oppose this action, EPA is withdrawing the immediate final rule. EPA will address these comments in a subsequent final action based on the proposed rule also published on March 7, 2008, at 73 FR 12340.
Draft Toxicological Review of 2-Hexanone: In Support of the Summary Information in the Integrated Risk Information System (IRIS)
Document Number: E8-8797
Type: Notice
Date: 2008-04-23
Agency: Environmental Protection Agency
EPA is announcing that Versar, Inc., an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer-review meeting to review the external review draft document titled, ``Toxicological Review of 2-Hexanone: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (NCEA-S-2764). EPA previously announced the 60-day public comment period (ending April 28, 2008) for the draft document in the Federal Register on March 4, 2008 (73 FR 11408). EPA will consider public comments and recommendations from the expert panel meeting as EPA finalizes the draft document. The public comment period and the external peer-review meeting are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments submitted in accordance with Federal Register (73 FR 11408) to Versar, Inc., for consideration by the external peer-review panel prior to the meeting. EPA is releasing this 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. Versar, Inc., invites the public to register to attend this meeting as observers. In addition, Versar, Inc., invites the public to give brief oral comments at the meeting regarding the draft document under review. The draft document and EPA's peer-review charge are available via the Internet on the National Center for Environmental Assessment's (NCEA) home page under the Recent Additions and the Data and Publications menus at http://www.epa.gov/ncea. When finalizing the draft document, EPA intends to consider Versar's report of the comments and recommendations from the external peer-review meeting and any public comments that EPA receives in accordance with 73 FR 11408, March 4, 2008. Public comments that were submitted during the 60-day public comment period ending April 28, 2008 may be observed at http:// www.regulations.gov under Docket ID No. EPA-HQ-ORD-2008-0048.
Certain New Chemicals; Receipt and Status Information
Document Number: E8-8796
Type: Notice
Date: 2008-04-23
Agency: Environmental Protection Agency
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 March 3, 2008 through March 21, 2008, consists of the PMNs 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.
Certain New Chemicals; Receipt and Status Information
Document Number: E8-8794
Type: Notice
Date: 2008-04-23
Agency: Environmental Protection Agency
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 February 1, 2008 through February 29, 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.
HHT Risk Assessments; Notice of Availability and Risk Reduction Options
Document Number: E8-8730
Type: Notice
Date: 2008-04-23
Agency: Environmental Protection Agency
This notice announces the availability of EPA's risk assessments, and related documents for the pesticide hexahydro-1,3,5- tris(2-hydroxyethyl)-s-triazine HHT, 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 HHT 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.
Formaldehyde/Paraformaldehyde Risk Assessments; Notice of Availability and Risk Reduction Options
Document Number: E8-8684
Type: Notice
Date: 2008-04-23
Agency: Environmental Protection Agency
This notice announces the availability of EPA's risk assessments, and related documents for the pesticide formaldehyde/ paraformaldehyde, 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 formaldehyde and paraformaldehyde 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.