Environmental Protection Agency May 14, 2008 – Federal Register Recent Federal Regulation Documents

On March 19, 2008, EPA published in the Federal Register (73 FR 14806) a Notice of a Proposed Determination, under Section 404(c) of the Clean Water Act, to prohibit or restrict the use of certain waters in the Yazoo River Basin in Issaquena County, Mississippi as disposal sites for dredged or fill material in connection with the construction of the proposed Yazoo Backwater Area Project. The notice established a public comment period, which ended on May 5, 2008. On April 17, 2008, a public hearing concerning the Proposed Determination was held in Vicksburg, Mississippi. Over 500 interested stakeholders participated in the five-hour hearing including approximately 65 stakeholders who provided oral statements. EPA has also received over 45,000 written comments, including substantial additional information, which needs to be evaluated. In order to allow full consideration of the extensive administrative record, the time period provided in 40 CFR 231.5(a) for the preparation of the Regional Recommendation, the next step in the 404(c) process, is being extended until no later than, July 11, 2008. This time extension is made under authority of 40 CFR 231.8.

This regulation establishes tolerances for the free and conjugated residues of cyproconazole, [alpha]-(4-chlorophenyl)-[alpha]- (1-cyclopropylethyl)-1H-1,2,4-triazole-1-ethanol in or on aspirated grain fractions; field corn, forage, grain and stover; soybean, seed, forage, hay and oil; wheat, forage, hay, straw, grain, grain, milled by products; fat of cattle, goat, horse and sheep; and meat byproducts (except liver) of cattle, goat, horse and sheep. Additionally, this regulation establishes tolerances for cyproconazole and its metabolite, [delta]-(4-chlorophenyl)-[beta],[delta]-dihydroxy-[gamma]-met hyl-1H- 1,2,4-triazole-1-hexenoic acid in or on milk and for cyproconazole and its metabolite, 2-(4-chlorophenyl)-3-cyclopropyl-1-[1,2,4]triazol-1-yl- butane-2,3-diol in or on liver of cattle, goat, hog, horse, and sheep. Syngenta Crop Protection, Inc., requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8-hour ozone national ambient air quality standard (NAAQS) for at least 10 years after the April 30, 2004 designations, as well as a 2002 base-year inventory for the Crawford County Area. EPA is proposing approval of the maintenance plan and the 2002 base-year inventory in accordance with the requirements of the Clean Air Act (CAA).

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8-hour ozone national ambient air quality standard (NAAQS) for at least 10 years after the April 30, 2004 designations, as well as a 2002 base-year inventory for the Columbia County Area. EPA is proposing approval of the maintenance plan and the 2002 base-year inventory in accordance with the requirements of the Clean Air Act (CAA).

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

This regulation establishes tolerances for residues of tebuconazole in or on wheat, barley, and tree nuts. Bayer CropScience LP requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).