Environmental Protection Agency June 11, 2008 – Federal Register Recent Federal Regulation Documents

Proposed Settlement Agreement, Clean Air Act Citizen Suit
Document Number: E8-13090
Type: Notice
Date: 2008-06-11
Agency: Environmental Protection Agency
In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address a lawsuit filed by Sierra Club and the American Bottom Conservancy (collectively ``Plaintiffs'') in the U.S. District Court Northern District of Illinois: Sierra Club v. Johnson, Case No. 06-CV-4000 (N.D. Ill.). Plaintiffs filed a complaint alleging that EPA failed to perform a nondiscretionary duty under Clean Air Act section 505(c), 42 U.S.C. 7661d(c), to issue by May 2, 2006, an operating permit for the Veolia hazardous waste incinerator located in Sauget, Illinois (``the Facility''). Under the terms of the proposed settlement agreement, by July 18, 2008, EPA would either issue a decision denying an operating permit for the Facility or complete the public participation process for a draft operating permit. If EPA does not issue a decision denying an operating permit for the Facility then, by September 12, 2008, EPA would either issue a final operating permit for the Facility or issue a final decision denying the operating permit. Further, under the terms of the proposed settlement agreement, EPA would pay Plaintiffs a specified amount in settlement for attorneys' fees in this matter.
Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2008
Document Number: E8-13088
Type: Rule
Date: 2008-06-11
Agency: Environmental Protection Agency
With this action, EPA is allocating essential use allowances for import and production of Class I stratospheric ozone-depleting substances (ODSs) for calendar year 2008. Essential use allowances enable a person to obtain controlled Class I ODSs as part of an exemption to the regulatory ban on the production and import of these chemicals, which became effective as of January 1, 1996. EPA allocates essential use allowances for exempted production or import of a specific quantity of Class I ODSs solely for the designated essential purpose. The allocation in this action is 27.0 metric tons (MT) of chlorofluorocarbons (CFCs) for use in metered dose inhalers (MDIs) for 2008.
EPA Office of Children's Health Protection and Environmental Education Staff Office; Notice of Public Meetings for the National Environmental Education Advisory Council
Document Number: E8-13069
Type: Notice
Date: 2008-06-11
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA or Agency) Office of Children's Health Protection and Environmental Education Office hereby gives notice that the National Environmental Education Advisory Council will hold public meetings by conference call on the 2nd Wednesday of each month, beginning with July 9, 2008 from 3 p.m. to 4 p.m. All times noted are Eastern time. The purpose of these meetings is to provide the Council with the opportunity to advise the Environmental Education Division on its implementation of the National Environmental Protection Act of 1990. Requests for the draft agenda will be accepted up to 1 business day before the meeting.
Bifenthrin; Pesticide Tolerances
Document Number: E8-13068
Type: Rule
Date: 2008-06-11
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of the insecticide bifenthrin (2-methyl [1,1'-biphenyl]-3-yl) methyl-3-(2- chloro-3,3,3,-trifluoro-1-propenyl)-2,2-dimethylcyclopropanec arboxylate in or on food commodities bushberry subgroup 13-07B; and leafy petioles subgroup 4B. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). In addition, this action revises previously established time-limited tolerances for residues of bifenthrin in or on orchardgrass, forage and orchardgrass, hay in response to the approval of a specific exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing the use of this insecticide on orchardgrass in the State of Oregon to control western orchardgrass billbug. Residue data have been submitted indicating the need to increase the tolerances from their original level. This regulation establishes maximum permissible levels of residues of bifenthrin in these food/feed commodities. The time-limited tolerances expire and are revoked on December 31, 2009.
Proposed Consent Decree, Clean Air Act Citizen Suit
Document Number: E8-13064
Type: Notice
Date: 2008-06-11
Agency: Environmental Protection Agency
In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Desert Rock Energy Company, LLC and Dine Power Authority (collectively, ``Plaintiffs'') in the United States District Court for the Southern District of Texas: Desert Rock Energy Company, LLC, et al. v. EPA, No. 08-872 (S.D. TX). On March 21, 2008, Plaintiffs served upon the United States a Complaint alleging that EPA failed to perform a mandatory duty under Clean Air Act section 165(c), 42 U.S.C. 7475(c), to take action on Plaintiffs' application (``Permit Application'') for a Prevention of Significant Deterioration permit to construct a coal-fired power plant on land held by the United States government in trust for the benefit of the Navajo Nation. Under the terms of the proposed consent decree, by July 31, 2008, EPA shall issue a final permit decision on the Permit Application, within the meaning of 40 CFR 124.15(a).
Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations
Document Number: E8-13011
Type: Notice
Date: 2008-06-11
Agency: Environmental Protection Agency
EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions were granted during the period January 1, 2008 through March 31, 2008, to control unforeseen pest outbreaks.
Agency Information Collection Activities; Proposed Collection; Comment Request; Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides; EPA ICR No. 0161.11, OMB Control No. 2070-0027
Document Number: E8-13006
Type: Notice
Date: 2008-06-11
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, entitled: ``Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides'' and identified by EPA ICR No. 0161.11 and OMB Control No. 2070-0027, is scheduled to expire on February 28, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.
Fenamiphos; Amendment to Use Deletion and Product Cancellation Order
Document Number: E8-13003
Type: Notice
Date: 2008-06-11
Agency: Environmental Protection Agency
This notice announces EPA's amendment to the order for the cancellation of products, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide fenamiphos, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This amendment follows a December 10, 2003 Federal Register Use Deletion and Product Cancellation Order which approved the voluntary request submitted by Bayer Corporation to cancel all registrations for products containing the active ingredient fenamiphos. These are the last fenamiphos products registered for use in the United States. The December 10, 2003 order prohibited the sale and distribution of fenamiphos products by persons other than the registrant after May 31, 2008. The sole technical registrant for fenamiphos, Bayer Environmental Science, subsequently requested that the Agency extend the May 31, 2008 deadline for Nemacur 10% Turf and Ornamental Nematicide (EPA Reg. No. 432-1291) and Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide (EPA Reg. No. 264-731). The Agency will extend the deadline for persons other than the registrant to sell and distribute Nemacur 10% Turf and Ornamental Nematicide as well as Nemacur 3 Emulsifiable Systemic Insecticide-Nematicide until November 30, 2008.
Diflubenzuron; Receipt of Application for Emergency Exemption, Solicitation of Public Comment
Document Number: E8-13002
Type: Notice
Date: 2008-06-11
Agency: Environmental Protection Agency
EPA has received a specific exemption request from the U.S. Department of Agriculture, Animal and Plant Health Inspection Service to use the pesticide diflubenzuron (CAS No. 35367-38-5) to treat up to 3,000 acres of alfalfa to control grasshoppers and mormon crickets. The applicant proposes a use which is supported by the IR-4 program and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency.
Flutolanil; Pesticide Tolerances
Document Number: E8-13000
Type: Rule
Date: 2008-06-11
Agency: Environmental Protection Agency
This regulation establishes tolerances for indirect or inadvertent residues of flutolanil in or on wheat and soybeans. Nichino America, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Pesticide Management and Disposal; Standards for Pesticide Containers and Containment: Proposed Amendments
Document Number: E8-12843
Type: Proposed Rule
Date: 2008-06-11
Agency: Environmental Protection Agency
EPA is proposing to amend the container and containment regulations to provide a 1-year extension of the labeling compliance date from August 17, 2009 to August 17, 2010; to change the phrase ``sold or distributed'' to ``released for shipment'' as associated with all of the compliance dates; to provide for exceptions to the language requirements for some specific nonrefillable packages; to allow for waivers of certain label requirements for other refillable and nonrefillable containers on a case-by-case basis; and to correct typographical and other minor errors. In addition, the Agency is proposing to amend the definitions in 40 CFR part 152 to establish a definition of ``released for shipment.'' These changes are being proposed to address concerns raised by stakeholders and as a result of further Agency consideration.
National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali Plants
Document Number: E8-12618
Type: Proposed Rule
Date: 2008-06-11
Agency: Environmental Protection Agency
This action proposes amendments to the national emission standards for hazardous air pollutants (NESHAP) for mercury emissions from mercury cell chlor-alkali plants. This NESHAP (hereafter called the ``2003 Mercury Cell MACT'') limited mercury air emissions from these plants. Following promulgation of the 2003 Mercury Cell Maximum Achievable Control Technology (MACT) NESHAP, EPA received a petition to reconsider several aspects of the rule from the Natural Resources Defense Council (NRDC). NRDC also filed a petition for judicial review of the rule in the U.S. Court of Appeals for the DC Circuit. By a letter dated April 8, 2004, EPA granted NRDC's petition for reconsideration, and on July 20, 2004, the Court placed the petition for judicial review in abeyance pending EPA's action on reconsideration. This action is EPA's proposed response to NRDC's petition for reconsideration. We are not proposing any amendments to the control and monitoring requirements for stack emissions of mercury established by the 2003 Mercury Cell MACT. This proposed rule would amend the requirements for cell room fugitive mercury emissions to require work practice standards for the cell rooms and to require instrumental monitoring of cell room fugitive mercury emissions. This proposed rule would also amend aspects of these work practice standards and would correct errors and inconsistencies in the 2003 Mercury Cell MACT that have been brought to our attention.