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

This notice announces receipt of a revised application 264- EUP-RUG from Bayer CropScience requesting an experimental use permit (EUP) for Bacillus thuringiensis Cry2Ae protein and the genetic material necessary for its production (pTEM12) in Event GHB 119 or GHB 714 cotton plants and the Bacillus thuringiensis Cry1Ab protein and the genetic material necessary for its production (pTDL004 or pTDL008) in Event T303-3 or T304-40 cotton plants. In some protocols, Cry 2Ae will be used with the previously registered Bacillus thuringiensis Cry1Ab protein. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.

The Environmental Protection Agency, Region 8 has completed its statutory review of variances and exemptions issued by the State of Montana under the Safe Drinking Water Act (SDWA) Public Water System Supervision (PWSS) program. This review was announced in the Federal Register published February 21, 2008 (``73 FR 9567''), and provided the public with an opportunity to comment. No comments related to Variances and/or Exemptions issued or proposed by the State of Montana were received. The Environmental Protection Agency, Region 8 determined as a result of this review that the State of Montana did not abuse its discretion on any variance or exemption granted or proposed as of the date of its on-site review on April 28, 2008.

EPA is approving certain submittals by the State of Nevada of revisions to the Nevada state implementation plan that are intended to provide for attainment and maintenance of the carbon monoxide national ambient air quality standard in the Truckee Meadows nonattainment area located within Washoe County, Nevada. These revisions include a local wintertime oxygenated gasoline rule, a ``basic'' vehicle inspection and maintenance program (including a performance standard evaluation), current statutory provisions and State rules governing mobile sources, a maintenance plan and related motor vehicle emissions budgets. EPA is also approving Nevada's request to redesignate the Truckee Meadows carbon monoxide nonattainment area to attainment. EPA is deferring action on the proposal to rescind a provision previously approved in the plan and related to inspection and maintenance of vehicles operated on Federal installations. EPA is taking these actions pursuant to those provisions of the Clean Air Act that obligate the Agency to take action on submittals of revisions to state implementation plans and requests for redesignation. This action makes certain State and local measures and commitments related to attainment and maintenance of the carbon monoxide standard in Truckee Meadows federally enforceable as part of the Nevada state implementation plan.

EPA is proposing to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) and oxides of sulfur (SOX) emissions from facilities emitting 4 tons or more per year of NOX or SOX in the year 1990 or in any subsequent year under the SCAQMD's Regional Clean Air Incentives Market (RECLAIM) program. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

This regulation establishes tolerances for residues of atrazine in or on vegetable, leafy, except brassica, group 4. Syngenta Crop Protection Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces the availability of EPA's Reregistration Eligibility Decisions (REDs) for the pesticides Alkyl trimethylenediamines (ATMDs), bioban P-1487, copper 8- quinolinolate, napthenate salts, octhilinone, and the trimethoxysilyl quaternary ammonium chloride compounds and opens a public comment period on these documents. The Agency's risk assessments and other related documents also are available in the dockets for these pesticides. The ATMDs are used as microbicides, bacteriocides, and molluscides. Bioban P-1487 is used as a materials preservative and as a microbial growth inhibitor of slime-forming fungi and bacteria. Copper 8-quinolinolate is used as an algaecide, bactericide and fungicide. The naphthenate salts are used as fungicides, microbiocides/microbiostats, and algaecides. Octhilinone is used as an industrial mildewcide, microbiocide, fungicide and bacteriocide. The quaternary ammonium chloride compounds are used as bacteriastat, fungistat, antimicrobial and algaestat. EPA has reviewed ATMD, bioban P-1487, copper 8-quinolinolate, napthenate salts, octhilinone, and the trimethoxysilyl quaternary ammonium chloride compounds through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This regulation establishes an exemption from the requirement of a tolerance for residues of the quaternany ammonium compounds, didecyl dimethyl ammonium carbonate and didecyl dimethyl ammonium bicarbonate (hereinafter cited jointly as DDACB), on food-contact surfaces when applied/used in public eating places, dairy processing equipment, and/or food processing equipment and utensils. Lonza, Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting to establish concentration limits of DDACB in end- use products eligible for the exemption from the requirement of a tolerance. As amended, the regulation will exempt solutions from the requirement of tolerance residues resulting from contact with surfaces treated with solutions where the end-use concentration of DDACB does not exceed 240 parts per million (ppm).

EPA is approving 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 approving the maintenance plan and the 2002 base-year inventory for the Columbia County Area as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).

EPA is approving 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 Somerset County Area. EPA is approving the maintenance plan and the 2002 base-year inventory for the Somerset County Area as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA).

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement concerning the Tobin and Jacks Superfund Site, with a number of parties (``Settling Parties''), and the United States Environmental Protection Agency (``EPA'') The settlement requires the Settling Parties to pay a total of $405,180.31 to the EPA in reimbursement of Past Response Costs. The settlement includes a covenant not to sue under section 107 of CERCLA, 42 U.S.C 9607. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may withdraw or withhold its consent to the proposed settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733.

We are issuing national emission standards for control of hazardous air pollutants (HAP) for the plating and polishing area source category. This final rule establishes emission standards in the form of management practices for new and existing tanks, thermal spraying equipment, and mechanical polishing equipment in certain plating and polishing processes. These final emission standards reflect EPA's determination regarding the generally achievable control technology (GACT) and/or management practices for the area source category.