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

EPA is taking direct final action to approve Missouri's request to revise the State Implementation Plan (SIP). This approval will revise the SIP to include changes to the sulfur dioxide (SO2) emissions rates and averaging times for Kansas City Power & Light's Hawthorn Plant and Montrose Station in the rule, Restriction of Emission of Sulfur Compounds. Previous changes to this rule were disapproved in 2006 because EPA was concerned that the averaging times for the rates at these units had been dramatically increased from a 3-hour average to an annual average, and that the revised averaging times were not demonstrated by the state to be protective of the short-term (3- and 24-hour) SO2 National Ambient Air Quality Standard (NAAQS). EPA believes that the recent changes, which EPA is now approving, have been shown by Missouri to be protective of the short-term SO2 NAAQS. This revision will ensure consistency between the state and the Federally-approved rules.

EPA is approving a State Implementation Plan (SIP) revision submitted by the state of Missouri to amend the Missouri SIP to include revisions to the Kansas City Solvent Metal Cleaning rule. The revisions to this rule include consolidating exemptions in the applicability section, adding new exemptions, adding definitions of new and previously undefined terms, and clarifying rule language regarding operating procedure requirements for spray gun cleaners and air-tight and airless cleaning systems. This revision will ensure consistency between the state and the Federally-approved rules.

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 and its estimated burden and cost.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting and a teleconference of the Clean Air Scientific Advisory Committee's (CASAC) Sulfur Oxides (SOx) Review Panel (Panel) to conduct a peer review of both EPA's Integrated Science Assessment for Sulfur OxidesHealth Criteria (Second External Review Draft) (EPA/600/R-08/047) as well as EPA's forthcoming document: Risk and Exposure Assessment to Support the Review of the SO2 Primary National Ambient Air Quality Standards: First Draft.

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: ``Recordkeeping and Reporting Requirements for Allegations of Significant Adverse Reactions to Human Health or the Environment'' and identified by EPA ICR No. 1031.09 and OMB Control No. 2070-0017, 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.

The State of Alaska has submitted a request for approval of an Alaska version of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to section 402 of the Clean Water Act (CWA or ``the Act''). With this request, the Alaska Department of Environmental Conservation (ADEC) seeks approval to administer a program regulating discharges of pollutants into waters of the United States under its jurisdiction. The State's request includes an implementation plan that transfers the administration of specific program components from EPA to the State over a three year period from the date of program approval. If EPA approves the Alaska Pollutant Discharge Elimination System (APDES) program application, the State will administer this program, subject to continuing EPA oversight and enforcement authority, in place of the National Pollutant Discharge Elimination System (NPDES) program now administered by EPA in Alaska. Today, EPA is requesting comments on the State's request and is providing notice of public hearings and comment period on that proposal. EPA will either approve or disapprove the State's request after considering all comments it receives.

The Environmental Protection Agency, Office of Research and Development (ORD), announces the cancellation of a meeting of the Board of Scientific Counselors (BOSC) National Center for Environmental Research (NCER) Standing Subcommittee. This meeting, a teleconference June 24, 2008, was announced in a Federal Register Notice published on Friday, May 30, 2008 (Volume 73, Number 105, page 31116). The purpose of this meeting was to discuss the subcommittee's draft letter report and NCER's next charge question(s), and it will be rescheduled at a later date.

There will be a 3-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review an evaluation of the common mechanism of action of pyrethroid pesticides.

In compliance with the Paperwork Reduction Act (PRA) (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 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 for a new Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR, entitled: ``Reporting Requirements Under EPA's Design for the Environment (DfE) Formulator Product Recognition Program,'' is identified by EPA ICR No. 2302.01 and OMB Control No. 2070-new. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

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: ``TSCA Section 5(a)(2) Significant New Use Rules for Existing Chemicals'' and identified by EPA ICR No. 1188.09 and OMB Control No. 2070-0038, is scheduled to expire on March 31, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

This notice announces EPA's order for the cancellation, voluntarily requested by the registrant and accepted by the Agency, of certain product registrations containing the pesticide fenamiphos, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows an April 23, 2008 Federal Register Notice of Receipt of Request from the fenamiphos registrant to voluntarily cancel certain fenamiphos product registrations. These are the last fenamiphos products registered for use in the United States. In the April 23, 2008 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrant withdrew their request within this period. The Agency did not receive any comments on the notice. Further, the registrant did not withdraw their request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations. Any distribution, sale, or use of the fenamiphos products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

On or about June 17, 2008, the Office of Air Quality Planning and Standards (OAQPS) of EPA will make available for public review and comment a number of technical documents that discuss monitoring issues being addressed in EPA's review of the national ambient air quality standards (NAAQS) for lead. These technical documents will be used as part of a peer review and consultation with the Clean Air Scientific Advisory Committee (CASAC) Ambient Air Monitoring & Methods (AAMM) Subcommittee (Subcommittee).

EPA Regions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 are proposing an NPDES Vessel General Permit (VGP) to cover discharges incidental to the normal operation of commercial vessels and recreational vessels greater than or equal to 79 feet in length and an NPDES Recreational General Permit (RGP) to cover discharges incidental to the normal operation of recreational vessels less than 79 feet in length. This action is in response to a District Court ruling that vacates, as of September 30, 2008, a long-standing EPA regulation that excludes discharges incidental to the normal operation of a vessel from the need to obtain an NPDES permit. Nw. Envt'l Advocates et al. v. EPA, 2005 WL 756614 (N.D. Cal.). Although EPA has filed an appeal with the 9th Circuit Court of Appeals, as a practical matter, the Agency cannot simply await the outcome of that appeal. This is because if the District Court's order remains unchanged, as of September 30, 2008, discharges of pollutants incidental to the normal operation of a vessel that had formerly been exempted from NPDES permitting by the regulation will be subject to the prohibition in CWA section 301(a) against the discharge of pollutants without a permit. EPA solicited information and data on discharges incidental to normal vessel operations to assist in developing these proposed NPDES permits in a Federal Register Notice published June 21, 2007 (72 FR 32421). The majority of information and data in response to that notice came from seven different groups: Individual citizens, commercial fishing representatives, commercial shipping groups, environmental or outdoor recreation groups, the oil and gas industry, recreational boating-related businesses, and state governments. EPA considered all such resulting information and data along with other available information in developing the two proposed vessel permits.

This document announces the Office of Management and Budget's (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

In this notice, EPA is notifying the public that the Agency has found that the motor vehicle emissions budget in the submitted MAG 2007 Five Percent Plan for PM-10 for the Maricopa County Nonattainment Area (December 2007) (``2007 MAG 5% Plan'') is adequate for transportation conformity purposes. The 2007 MAG 5% Plan was submitted to EPA on December 21, 2007 by the Arizona Department of Environmental Quality as a revision to the Arizona state implementation plan. The 2007 MAG 5% Plan includes a demonstration of no less than five percent annual emissions reductions in particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10) and a demonstration of PM-10 attainment in the Phoenix metropolitan area by 2010. As a result of our finding, the Maricopa Association of Governments and the U.S. Department of Transportation must use the motor vehicle emissions budget from the submitted five percent plan for PM-10 for future conformity determinations.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of a meeting of the Board of Scientific Counselors (BOSC) Homeland Security Subcommittee.

This notice announces Agency approval of two applications to register the pesticide products QRD 406 and QRD 400 containing an active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

The Environmental Protection Agency (EPA) Region 6 announces its intent to delete the Fourth Street Abandoned Refinery Site (Site), located in Oklahoma City, Oklahoma County, Oklahoma, from the National Priorities List (NPL) and requests public comments on this proposed action. 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 the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). EPA and the State of Oklahoma, through the Oklahoma Department of Environmental Quality (ODEQ) have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the Old Inger Oil Refinery Site (Site) located in Ascension Parish, Louisiana from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), because EPA has determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete the Old Inger Oil Refinery Superfund Site (Site) located near Darrow, Ascension Parish, Louisiana, from the National Priorities List (NPL) and requests public comments on this proposed action. 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 the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

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: ``Submission of Protocols and Study Reports for Environmental Research Involving Human Subjects'' and identified by EPA ICR No. 2195.03 and OMB Control No. 2070-0169, 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.