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

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.

EPA is notifying the public that EPA has found that the 2008 and 2009 motor vehicle emissions budgets in the April 30, 2008 Rhode Island 8-hour ozone State Implementation Plan revision are adequate for transportation conformity purposes. The submittal includes 2008 and 2009 motor vehicle emission budgets for the Providence (All of RI), RI 8-hour ozone nonattainment area. As a result of our finding, Rhode Island must use these motor vehicle emission budgets for future conformity determinations.

In 2000, EPA announced the availability of final revisions to the Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000) (hereafter ``2000 Human Health Methodology'') published pursuant to section 304(a)(1) of the Clean Water Act (CWA). Along with the 2000 Human Health Methodology, EPA committed to publishing several technical support documents to provide additional detail to the Methodology document, including two documents that describe the development of bioaccumulation factors for use in ambient water quality criteria calculations. In 2003, EPA announced the release of the Technical Support Document Volume 2: Development of National Bioaccumulation Factors (hereafter ``National BAF TSD''). Today, the Agency is soliciting scientific views on the Draft Technical Support Document, Volume 3: Development of Site-Specific Bioaccumulation Factors (hereafter ``Draft Site-Specific BAF TSD'') that accompanies the Methodology and the National BAF TSD. The National BAF TSD contains technical details on how EPA develops national bioaccumulation factors for use in deriving national recommended ambient water quality criteria for protecting human health. The Draft Site-Specific BAF TSD contains technical details on how States and Tribes may develop site-specific bioaccumulation factors for use in deriving site-specific ambient water quality criteria for protecting human health. The goal in deriving site-specific BAFs is to determine the most accurate estimates of bioaccumulation feasible for each site.

EPA is proposing limited approval of a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision pertains to amendments to Virginia's existing new source review permit program for owners of sources located or locating in Nonattainment areas which were submitted to EPA on February 12, 2007. EPA is proposing limited approval of these changes to the nonattainment new source review program, because while the SIP revision submitted by the Commonwealth strengthens the SIP, it does not fully meet the current Federal requirements for the allowable lookback period under the definition of ``baseline actual emissions''. EPA is also proposing full approval of a related SIP revision submitted by the Commonwealth on December 16, 2003, pertaining to amendments made to Virginia's existing nonattainment new source review permit program at that time. This action is being taken under the Clean Air Act (CAA or the Act). In a separate action, EPA has addressed changes made by Virginia to its prevention of significant deterioration (PSD) new source review rules which were previously submitted on October 10, 2006.

The U.S. EPA announces the availability of a final document entitled, ``Concepts, Methods, and Data Sources for Cumulative Health Risk Assessment of Multiple Chemicals, Exposures, and Effects: A Resource Document'' (EPA/600/R-06/013F), which was prepared by the National Center for Environmental Assessment (NCEA) within the U.S. EPA's Office of Research and Development (ORD). This document represents a collaborative effort between the U.S. EPA and the U.S. Department of Energy (U.S. DOE) that is designed to serve as an interim resource between U.S. EPA's 2003 ``Framework for Cumulative Risk Assessment'' (EPA/630/P-02/001F) and future documents on approaches and guidance to cumulative risk assessment. The document provides concepts, methods, and data sources for consideration and possible use in the conduct of a cumulative risk assessment. Specifically, the document focuses on two areas: (1) Initiating factors for a cumulative risk assessment, with procedures for data collection and organization, and (2) technical approaches for assessing human health risks associated with a subset of cumulative risk issues (i.e., multiple chemicals, exposures, and effects). Overall, this document demonstrates the feasibility of including combinations of chemicals, exposures, effects and their interactions into a cumulative risk assessment and is meant to assist with the conduct of multi-chemical, population-focused assessments. This document has undergone review within the U.S. EPA, independent external peer review by a panel of scientific experts, and it has also benefited from a 45-day public comment period. However, it has not undergone the scrutiny required of a guidance document and, thus, does not represent U.S. EPA policy.

Under Section 10(a)(2) of the Federal Advisory Committee Act, the United States Environmental Protection Agency (EPA) is giving notice of a conference call of the Total Coliform Rule Distribution System Advisory Committee (TCRDSAC). The purpose of this conference call is to discuss the Total Coliform Rule (TCR) revisions 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 during the conference call 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.

EPA is proposing limited approval of a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision pertains to amendments to Virginia's existing new source review permit program for owners of sources located or locating in prevention of significant deterioration (PSD) areas which were submitted to EPA on October 10, 2006. EPA is proposing limited approval of these changes to the PSD program, because while the SIP revision submitted by the Commonwealth strengthens the SIP, it does not fully meet the current Federal requirements for the allowable lookback period under the definition of ``baseline actual emissions''. This action is being taken under the Clean Air Act (CAA or the Act). In a separate action, EPA will address changes made by Virginia to its nonattainment new source review (NNSR) permit program, submitted on February 12, 2007.

EPA will hold a public meeting to give the stakeholders in the Voluntary Childrens Chemical Evaluation Program (VCCEP) and interested members of the public an opportunity to comment on the modifications the Agency intends to make to VCCEP. The modifications are based on the responses the Agency received to its request for comment on the implementation of the VCCEP pilot. The modifications will primarily address the timeliness and efficiency issues of the program in order to increase its productivity and ability to provide information to the public on the potential risks to children of exposure to certain chemicals. The meeting will also provide the public with an opportunity to comment on the use of the modified VCCEP approach to address certain data and assessment needs identified in EPA's review of high production volume (HPV) and mid production volume (MPV) chemicals under its Chemical Assessment and Management Program (ChAMP).

EPA is taking direct final action to approve a State Implementation Plan (SIP) revision submitted by the State of Washington. The Washington State Department of Ecology submitted the Vancouver Air Quality Maintenance Area Second 10-year Carbon Monoxide Maintenance Plan on April 25, 2007. In accordance with the requirements of the Federal Clean Air Act (the Act), EPA is approving Washington's revision because the State adequately demonstrates that the Vancouver Air Quality Maintenance Area will maintain air quality standards for carbon monoxide (CO) through the year 2016.

EPA is taking final action to conditionally approve revisions to the Florida State Implementation Plan (SIP) submitted by the State of Florida on February 3, 2006. The SIP revisions modify the Florida Prevention of Significant Deterioration (PSD) program to address changes to the federal new source review (NSR) regulations, which were promulgated by EPA on December 31, 2002, and reconsidered with minor changes on November 7, 2003 (commonly referred to as the ``2002 NSR Reform Rules''). In addition EPA is approving Florida's concurrent February 3, 2006, request to make the State's PSD permitting program applicable to electric power plants, which are also subject to the Florida Electrical Power Plant Siting Act (PPSA). EPA proposed conditional approval of these revisions on April 4, 2008; no comments were received on that proposal.

EPA is announcing a 90-day public comment period for the draft document entitled, ``Toxicological Review of Tetrachloroethylene (Perchloroethylene): In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-08/011A). The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. The draft tetrachloroethylene health assessment addresses both potential cancer and non-cancer human health effects that may result from chronic exposure to tetrachloroethylene. Tetrachloroethylene, commonly referred to as ``perc'', is a solvent widely used in the dry cleaning of clothes and as a metal degreaser. EPA intends to consider comments and recommendations from the public and the expert panel meeting, which will be announced at a later date, 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 peer review meeting 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. EPA will consider any public comments submitted in accordance with this notice when revising the document. The draft document is available via the Internet on NCEA's homepage under the Recent Additions and the Data and Publications menus at https://www.epa.gov/ncea.

The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office is announcing the formation of the Clean Air Scientific Advisory Committee (CASAC) Review Panel for ambient ozone. The SAB Staff Office is soliciting public nominations for this Panel.

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. This ICR is scheduled to expire on June 30, 2008. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. 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 in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9.

In a November 2002 final rule, we established the first U.S. emission standards for new snowmobiles. Subsequent litigation regarding that final rule resulted in a court decision which requires us to: remove the oxides of nitrogen (NOX) component from the Phase 3 snowmobile standards set to take effect in 2012, and; clarify the evidence and analysis upon which the Phase 3 carbon monoxide (CO) and hydrocarbon (HC) standards were based. In this action, we are removing the NOX component from the Phase 3 emission standard calculation. We are deferring action on the 2012 CO and HC emission standards portion of the court's remand to a separate rulemaking action.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the SAB Acrylamide Review Panel to finalize its draft report on its review of EPA's draft ``Toxicological Review of Acrylamide''.

EPA is taking direct final action on certain amendments to the National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities, which EPA promulgated on January 10, 2008, and amended on March 7, 2008. The January 10, 2008 rule established national emission standards for hazardous air pollutants for the facilities in the gasoline distribution (Stage I) area source category. This action only affects area source gasoline dispensing facilities with a monthly throughput of 100,000 gallons of gasoline or more. In this action, EPA is amending the pressure and vacuum vent valve cracking pressure and leak rate requirements for vapor balance systems used to control emissions from gasoline storage tanks at gasoline dispensing facilities. Newly constructed or reconstructed gasoline dispensing facilities must comply with the requirements of these amendments by the effective date of the amendments, or upon start-up, whichever is later. We are not modifying the compliance date for existing sources with a monthly throughput of 100,000 gallons of gasoline or more.

EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. The Agency is also announcing the closure of the phosalone registration review case (0027). Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.

EPA has authorized its contractor, Midwest Research Institute (MRI) of Kansas City, MO, to access information which has been submitted to EPA under section 4 of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

The Environmental Protection Agency (EPA or the Agency) is announcing that a telephone conference will be held with the peer reviewers (who are reviewing the draft Human and Ecological Risk Assessment of Coal Combustion Wastes or draft risk assessment) and interested members of the public. During this teleconference, the Agency will accept oral comments from the public on technical aspects of the draft risk assessment.

EPA is issuing final amendments to the current Standards of Performance for Petroleum Refineries. This action also promulgates separate standards of performance for new, modified, or reconstructed process units at petroleum refineries. The final standards for new process units include emissions limitations and work practice standards for fluid catalytic cracking units, fluid coking units, delayed coking units, fuel gas combustion devices, and sulfur recovery plants. These final standards reflect demonstrated improvements in emissions control technologies and work practices that have occurred since promulgation of the current standards.

The Environmental Protection Agency (EPA) is making available to the public information related to a May 30, 2007 proposed rule under the Significant New Alternatives Policy (SNAP) program under section 612 of the Clean Air Act. The SNAP program reviews alternatives to Class I and Class II ozone-depleting substances and finds acceptable the use of alternatives that reduce the overall risk to public health and the environment. EPA proposed to list n- propyl bromide (nPB) as unacceptable for use as a substitute for chlorofluorocarbon (CFC)-113, methyl chloroform, and hydrochlorofluorocarbon (HCFC)-141b in the adhesive and aerosol solvent end uses; and acceptable subject to use conditions (limited to coatings at facilities that, as of May 30, 2007, had provided EPA with information demonstrating their ability to maintain acceptable workplace exposures) as a substitute for methyl chloroform, CFC-113, and HCFC-141b in the coatings end use. The Agency has received additional information regarding the exposure levels of n-propyl bromide found in the workplace due to use of aerosols containing n- propyl bromide, as well as information on industry practices from aerosol suppliers and from a survey of a significant number of end users. The Agency is requesting comment on these materials. We plan to consider this information, and any comments received during the comment period on this notice of data availability, in determining what future action to take on our May 2007 proposal regarding the use of n-propyl bromide in aerosols.

The Environmental Protection Agency (EPA or we) is announcing the availability of, and soliciting public comments for 45 days on, the proposed approval of the radioactive, contact-handled (CH), transuranic (TRU) waste characterization program implemented by the Central Characterization Project (CCP) at Oak Ridge National Laboratory (ORNL) in Oak Ridge, Tennessee. This waste is intended for disposal at the Waste Isolation Pilot Plant (WIPP) in New Mexico. In accordance with the WIPP Compliance Criteria, EPA evaluated the characterization of CH TRU debris waste from ORNL-CCP during an inspection conducted the week of November 13, 2007. Using the systems and processes developed as part of the U.S. Department of Energy's (DOE's) Carlsbad Field Office (CBFO) program, EPA verified whether DOE could adequately characterize CH TRU waste consistent with the Compliance Criteria. The results of EPA's evaluation of ORNL-CCP's program and its proposed approval are described in the Agency's inspection report, which is available for review in the public dockets listed in ADDRESSES. We will consider public comments received on or before the due date mentioned in DATES. This notice summarizes the waste characterization processes evaluated by EPA and EPA's proposed approval. As required by the 40 CFR 194.8, at the end of a 45-day comment period EPA will evaluate public comments received, and if appropriate, finalize the reports responding to the relevant public comments, and issue a final report and approval letter to DOE.

EPA expressed environmental concerns about impacts to soil and water resources, and recommended including more information on water quality, current extent of invasive species, and drought mitigation planning. Rating EC2.