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

The U.S. Environmental Protection Agency (EPA) Region 2 Office announces the deletion of the Tabernacle Drum Dump Superfund Site from the National Priorities List (NPL). The Tabernacle Drum Dump Site is located in Tabernacle Township, Burlington County, New Jersey. The NPL constitutes Appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. EPA and the State of New Jersey, through the Department of Environmental Protection (NJDEP) have determined that all appropriate response actions have been implemented and no further response actions are required. In addition, EPA and the NJDEP have determined that the remedial action taken at the Tabernacle Drum Dump Site is protective of public health, welfare, and the environment.

EPA is taking direct final action to approve State Implementation Plans (SIPs) submitted by the States of South Dakota and Wyoming that address interstate transport with respect to the 1997 8- hour ozone and fine particulate matter (PM2.5) National Ambient Air Quality Standards. EPA has determined that the Interstate Transport declarations submitted by South Dakota on May 15, 2007, and by Wyoming on May 3, 2007, satisfy the requirements of the Clean Air Act section 110(a)(2)(D)(i) provisions, also known as the ``good neighbor'' provisions, that a state SIP contain adequate provisions prohibiting air pollutant emissions from sources or activities in the state from adversely affecting another state. This action is being taken under section 110 of the Clean Air Act.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Connecticut. The SIP revision addresses the provisions of the Clean Air Act that require each state to address emissions that may adversely affect another state's air quality through interstate transport. The Connecticut Department of Environmental Protection has adequately addressed the four distinct elements related to the impact of interstate transport of air pollutants. These include prohibiting significant contribution to downwind nonattainment of the National Ambient Air Quality Standards (NAAQS), interference with maintenance of the NAAQS, interference with plans in another state to prevent significant deterioration of air quality, and interference with efforts of other states to protect visibility. This action is being taken under the Clean Air Act.

This regulation establishes tolerances for residues of chlorantraniliprole in or on apple, wet pomace; brassica, head and stem, subgroup 5A; brassica, leafy greens, subgroup 5B; cotton, gin byproduct; cotton, hulls; cotton undelinted seed; fruit, pome, group 11; fruit, stone, group 12; grape; grape, raisin; potato; vegetable, cucurbit, group 9; vegetable, fruiting, group 8; vegetable, leafy, except brassica, group 4; milk; meat; meat byproduct; fat. E.I. DuPont de Nemours and Company requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also removes existing time-limited tolerances for residues of chlorantraniliprole in or on apple; apple, wet pomace; celery; cucumber; lettuce, head; lettuce, leaf; pear; pepper; spinach; squash; tomato and watermelon and modifies 40 CFR 180.628 by removing the third column (Expiration/Revocation Date) from the table in paragraph (a), since it is no longer applicable. In addition, this action establishes a time-limited tolerance for residues of chlorantraniliprole in or on rice in response to the approval of a specific exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing the use the insecticide on rice to control rice water weevil, Lissorhoptrus oryzophilus. This regulation establishes a maximum permissible level of residues of chlorantraniliprole in this food commodity. The time- limited tolerance expires and is revoked on December 31, 2011.

This regulation establishes a tolerance for residues of spirodiclofen in or on hop, dried cones. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public teleconference meeting of the Chartered EPA Science Advisory Board to review a draft report from the SAB's Radiation Advisory Committee Augmented for the review of the draft Multi-Agency Radiation Survey and Assessment of Materials and Equipment (MARSAME) Manual.

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.

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 continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on May 31, 2008. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

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 September 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.

In compliance with the Paperwork Reduction Act (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 activity and its expected burden and costs.

EPA is announcing that Versar, Inc., under a contract with EPA, will convene an independent panel of experts and organize and conduct an external peer-review workshop to review the external review draft document entitled, ``Toxicological Review of Cerium Oxide and Cerium Compounds: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-08/002). The EPA is also announcing a public comment period for the draft document. EPA intends to consider comments and recommendations from the public and the expert panel meeting when EPA finalizes the draft document. The public comment period and the external peer-review workshop 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 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 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 workshop as observers. In addition, Versar, Inc., invites the public to give brief oral comments at the workshop regarding the draft document under review. The draft document and EPA's peer review charge are available via the Internet on NCEA's home page or Recent Additions at https://www.epa.gov/ncea and is also accessible from the IRIS home page or Recent Additions at https://www.epa.gov/iris. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice.

EPA is adopting a comprehensive program to dramatically reduce pollution from locomotives and marine diesel engines. The controls will apply to all types of locomotives, including line-haul, switch, and passenger, and all types of marine diesel engines below 30 liters per cylinder displacement, including commercial and recreational, propulsion and auxiliary. The near-term emission standards for newly- built engines will phase in starting in 2009. The near-term program also includes new emission limits for existing locomotives and marine diesel engines that apply when they are remanufactured, and take effect as soon as certified remanufacture systems are available, as early as 2008. The long-term emissions standards for newly-built locomotives and marine diesel engines are based on the application of high-efficiency catalytic aftertreatment technology. These standards begin to take effect in 2015 for locomotives and in 2014 for marine diesel engines. We estimate particulate matter (PM) reductions of 90 percent and nitrogen oxides (NOX>) reductions of 80 percent from engines meeting these standards, compared to engines meeting the current standards. We project that by 2030, this program will reduce annual emissions of NOX> and PM by 800,000 and 27,000 tons, respectively. EPA projects these reductions will annually prevent up to 1,100 PM-related premature deaths, 280 ozone-related premature deaths, 120,000 lost work days, 120,000 school day absences, and 1.1 million minor restricted- activity days. The annual monetized health benefits of this rule in 2030 will range from $9.2 billion to $11 billion, assuming a 3 percent discount rate, or between $8.4 billion to $10 billion, assuming a 7% discount rate. The estimated annual social cost of the program in 2030 is projected to be $740 million, significantly less than the estimated benefits.

In this notice, EPA is notifying the public that the Agency has found that the motor vehicle emissions budgets for 8-hour ozone in the Imperial County 8-hour Ozone Early Progress Plan are adequate for transportation conformity purposes. The Imperial County 8-hour Ozone Early Progress Plan was submitted to EPA on March 24, 2008 by the California Air Resources Board as a revision to the California State Implementation Plan (SIP). As a result of our adequacy findings, the Southern California Association of Governments and the U.S. Department of Transportation must use these budgets in future conformity analyses once the finding becomes effective.

EPA is approving revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Department of Natural Resources (GA DNR), through the Georgia Environmental Protection Division (GA EPD), on December 28, 2007. The revisions include minor changes to Georgia's Air Quality Rules found at Chapter 391-3-20-.17, pertaining to rules for Enhanced Inspection and Maintenance (I/M). Enhanced I/M was required for 1-hour ozone nonattainment areas classified as serious and above, under the Clean Air Act (CAA). The enhanced I/M program is not a required measure for Atlanta for the 8-hour ozone standard pursuant to the CAA because the area is classified as a moderate nonattainment area (73 FR 12013). However, the enhanced I/M program was approved into the SIP for the 1-hour ozone standard and will remain in the SIP until such time that the State removes the requirement. To remove the requirement from the SIP, the State would have to make a demonstration that removal of this program would not interfere with or delay attainment, consistent with section 110(1) of the CAA. The I/M program is a way to ensure that vehicles are maintained properly and verify that the emission control system is operating correctly, in order to reduce vehicle-related emissions. This action is being taken pursuant to section 110 of the CAA.

The EPA is providing notice that it has responded to a petition for reconsideration of the final rule published May 1, 2007, entitled ``Prevention of Significant Deterioration, Nonattainment New Source Review and Title V: Treatment of Certain Ethanol Production Facilities Under the `Major Emitting Facility' Definition.'' (``ethanol rule'') The final ethanol rule changed the effect of the applicability provisions of two separate permitting programs under the Clean Air Act (CAA): the major New Source Review (NSR) program and the Title V programs. The final rule changed the ``major stationary source'' and ``major source'' definitions by amending the definition of ``chemical process plants'' under the regulatory definition of ``major emitting facility'' to exclude ethanol manufacturing facilities that produce ethanol by natural fermentation processes. On July 2, 2007, EPA received a petition for reconsideration pursuant to 307(d)(7)(B) of the CAA from the Natural Resources Defense Council (``NRDC''). The NRDC petition also requested that EPA stay implementation of the final rule pending reconsideration of the rule. The NRDC petition for reconsideration can be found in the rulemaking docket under Docket ID No. EPA-HQ-OAR-2006-0089. The EPA considered the petition and the information in the rulemaking docket in reaching a decision on the petition. The EPA Administrator Stephen L. Johnson denied the petition for reconsideration and the request for a stay of the rule in a letter to the petitioner dated March 27, 2008. The letter documents EPA's reasons for the denial and can be found in the rulemaking docket.

EPA is soliciting applications for the critical use exemption from the phaseout of methyl bromide for 2011 and beyond. In addition, applicants who missed last year's deadline to submit a critical use application for an exemption in the year 2010 may file a supplemental application in response to this notice. This exemption is an annual exemption and all entities interested in obtaining a critical use exemption must provide EPA with technical and economic information to support a ``critical use'' claim and must do so by the deadline specified in this notice even if they have previously applied for an exemption. Today's notice also invites interested parties to provide EPA with new data on the technical and economic feasibility of methyl bromide alternatives.

The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB or the Board) Staff Office is requesting nominations of experts in the area of aquatic toxicology of endocrine disrupting chemicals to augment expertise on the SAB's Ecological Processes and Effects Committee. Nominees will be considered for service on the augmented EPEC to provide advice on a methodology for deriving water quality criteria for the protection of aquatic life based on chemical mode of action.

EPA expressed environmental concerns about the potential for adverse impacts to air quality, surface water and groundwater. In addition, EPA suggested that the final EIS should strengthen the No Action alternative analysis, broaden the alternative analysis, and consider reasonably foreseeable development scenarios in the cumulative impacts analysis. Rating EC2. EIS No. 20080002, ERP No. D-BLM-K08066-CA. Sunrise Powerlink Transmission Line Project, Proposed Land Use Plan Amendment, Construction and Operation of a New 91-mile 500 kilovolt (kV) Electric Transmission Line from Imperial Valley Substation (in Imperial Co. near the City of El Centro) to a New Central East Substation (in Central San Diego Co,) Imperial and San Diego Counties, CA. Summary: EPA expressed environmental concerns about potential adverse impacts to watershed resources, air quality, and the Anza- Borrego Desert State Park. We recommend further discussion on basic project objectives, including the demonstration of purpose and need and the disclosure of economic costs and benefits. Rating EC2. EIS No. 20080021, ERP No. D-SFW-L64053-AK. Yukon Flats National Wildlife Refuge Project, Proposed Federal and Public Land Exchange, Right-of-Way Grant, Anchorage, AK. Summary: EPA expressed concerns about potential habitat fragmentation impacts; the lack of appraisal information and other data for exchange lands; and the limited range and number of alternatives considered. Rating EC2. EIS No. 20080037, ERP No. D-AFS-L65548-ID. Yakus Creek Project, Proposes Timber Harvest, Watershed Improvement, and Access Management Activities, Lochsa Ranger District, Clearwater National Forest, Idaho County, ID. Summary: EPA supports actions to improve forest and watershed health. However, the final EIS should consider increasing the rate of decommissioning closed roads and review the need for the proposed OHV connector trails which could potentially adversely impact water quality in source water areas. Rating EC1. EIS No. 20080045, ERP No. D-BIA-K69008-CA. North Fork Rancheria of Mono Indians Fee-to-Trust and Casino/Hotel Project, Proposed 305-Acres- Fee-to-Trust Land Acquisition in Unincorporated Madera County, CA. Summary: EPA expressed environmental concerns about potential groundwater impacts, and requested that a mitigation monitoring and enforcement program be included in the final EIS. Rating EC2. EIS No. 20080048, ERP No. D-BLM-J67034-MT. Montana Tunnels Mine Project, Proposed M-Pit Mine Expansion to Existing Mine Pit to Access and Mine Additional Ore Resources, Jefferson County, MT. Summary: EPA identified potential significant adverse impacts to water quality that should be avoided by ensuring that metals contamination of surface and ground-water will be adequately mitigated, and that pollutant loads are consistent with TMDLs for impaired waters. EPA requested that the final EIS include information regarding mine site water management, TMDL consistency, mitigation, closure, and bonding. Rating EO2. EIS No. 20080070, ERP No. D-AFS-K65338-AZ. Warm Fire Recovery Project, Removal of Fire-Killed Trees Reforestation, Fuel Reduction and Road Reconstruction of Wildland Fire Burn Portion, Coconino County, AZ. Summary: EPA expressed concern about water resource and habitat impacts. EPA requested additional information on these impacts and suggested that the selection of Alternative 3Winter Logging would reduce many of the impacts. Rating EC2. EIS No. 20080076, ERP No. D-AFS-L65549-ID. Bussel 484 Project Area, Manage the Project Area to Achieve Desired Future Conditions for Vegetation, Fire, Fuels, Recreation, Access, Wildlife, Fisheries, Soil and Water, Idaho Panhandle National Forest, St. Joe Ranger District, Shoshone County, ID. Summary: EPA supports the proposed actions for managing forest health goals at the landscape level. However, EPA has environmental concerns with impacts to water quality from new road construction in the Bussel Creek Trail; impacts to riparian resources along the Norton Creek and Lines Creek trails under the proposed alternative; and the proposed time line for riparian plantings (10-15 years). The final EIS should include information on mitigation and whether new roads will be temporary. Rating EC1. EIS No. 20080078, ERP No. D-AFS-J65512-MT. Butte Lookout Project, Proposed Timber Harvest, Prescribed Burning, Road Work and Management Activities, Missoula Ranger District, Lola National Forest, Missoula County, MT. Summary: EPA supports activities to reduce bark beetle infestations and risks of wildfire, rehabilitate degraded watersheds, and provide timber for local and regional economies. However, EPA expressed environmental concerns about water quality impacts from logging and road construction and available funding to implement road decommissioning to achieve consistency with the downstream Lolo Creek TMDL. Rating EC2. EIS No. 20080079, ERP No. D-USN-A11081-00. Introduction of the P-8A MMA into the U.S. Navy Fleet, To Provide Facilities and Functions That Support the Homebasing of 12 P-8A Multi-Mission Maritime Aircraft (MMA) Fleet Squadrons (72 Aircraft) and one Fleet Replacement Squadron (FRS), which include the Following Installations: Naval Air Station Jacksonville, FL; Naval Air Station Whidbey Island, WA; Naval Air Station North Island, CA; Marine Corps Base HI and Kaneohe Bay, HI. Summary: EPA does not object to the proposed action. Rating LO. EIS No. 20080063, ERP No. DS-USN-K11119-HI. Hawaii Range Complex (HRC) Project, Additional Information, To Support and Maintain Navy Pacific Fleet Training, and Research, Development, Test, and Evaluation (RDT&E) Operations, Kauai, Honolulu, Maui and Hawaii Counties, HI. Summary: EPA expressed concerns about impacts to marine mammals from mid-frequency active (MFA) sonar. Rating EC2. EIS No. 20080084, ERP No. DS-AFS-J65448-UT. West Bear Vegetation Management Project, Additional Information To Improve a Portion of the Cumulative Effects Analysis and Correct the Soils Analysis, Timber Harvesting, Prescribed Burning, Roads Construction, Township 1 North, Range 9 East, Salt Lake Principle Meridian, Evanston Ranger District, Wasatch-Cache National Forest, Summit County, UT. Summary: This DSEIS responded adequately to our concerns on soil erosion and compactions; therefore, EPA does not object to the proposed action. Rating LO. EIS No. 20080096, ERP No. DS-NOA-K39102-CA. Cordell Bank, Gulf of the Farallones and Monterey Bay National Marine Sanctuaries, Updated Information, Proposes a Series of Regulatory Changes, Offshore of Northern/Central, CA. Summary: EPA does not object to the proposed project. Rating LO.

EPA is taking direct final action to approve revisions to the West Virginia State Implementation Plan (SIP). The revisions establish State transportation conformity requirements. EPA is approving these revisions in accordance with the requirements of the Clean Air Act.

In compliance with the Paperwork Reduction Act (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 collection and the estimated burden and cost.

In compliance with the Paperwork Reduction Act (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 collection and the estimated burden and cost.

The EPA is extending by 6 months the deadline for EPA to take action on a petition submitted by Warrick County, Indiana and the Town of Newburgh, Indiana under section 126 of the Clean Air Act (CAA). The petition requests that EPA make a finding that a power plant (Cash Creek) proposed to be built in Henderson County, Kentucky will emit air pollutants that will significantly contribute to Warrick County and Newburgh, Indiana's nonattainment with the national ambient air quality standards (NAAQS) for ozone and fine particulate matter, or will significantly interfere with Warrick County and Newburgh, Indiana's ability to maintain its attainment of those standards. The petition requests that EPA establish emission limitations for the proposed power plant as a result of those findings. Under the CAA, EPA is authorized to grant a time extension for responding to the petition if EPA determines that the extension is necessary, among other things, to meet the purposes of the CAA's rulemaking requirements. By this action, EPA is making that determination.