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

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide siduron, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the siduron Docket. Siduron is a selective, systemic preemergence herbicide used to control annual grassy weeds in stands of cool season grasses, such as on lawns, on golf courses, and on sod farms. EPA has reviewed siduron 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.

EPA is proposing to take direct final action to withdraw the Federal water quality standards designating cold water biota uses for Soda Creek and portions of Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot River in Idaho. In July 1997, EPA promulgated a Federal rule designating uses for water bodies in the State of Idaho, including the designation of cold water biota for Soda Creek, and portions of Canyon Creek, South Fork Coeur d'Alene River, and Blackfoot River, with the exception of any portion in Indian country. These Federal water quality standards designating cold water biota uses are no longer necessary since EPA approved Idaho's adopted uses that result in protection for cold water biota. EPA is also withdrawing the water quality standards variance provision applicable to these uses (40 CFR 131.33(d)), because this provision is no longer necessary with the withdrawal of the Federal water quality standards designating these uses.

EPA is proposing to disapprove a revision to the Yolo Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP) concerning the District's analysis of whether its rules meet Reasonably Available Control Technology (RACT) under the 8-hour ozone National Ambient Air Quality Standard (NAAQS). We are proposing to disapprove the analysis under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of cancellation of a meeting of the Gulf of Mexico Program (GMIP) Citizens Advisory Committee (CAC).

EPA is proposing to approve a revision to the State Implementation Plan (SIP) submitted by the State of Tennessee on October 19, 2007. The revision affects the Nashville/Davidson County portion of the Tennessee SIP. Specifically the revision pertains to the Metropolitan Public Health Department, Pollution Control Division's Regulation Number 8, ``Inspection and Maintenance of Light-Duty Motor Vehicles.'' This revision is part of Nashville/Davidson County's strategy to meet the requirements of EPA's 1997 8-hour ozone standard. Regulation Number 8 is amended by reducing the vehicle emission inspection fee to $9.00, and updating the definitions section. This revision is considered by the Tennessee Department of Environment and Conservation (TDEC) to be at least as stringent as the State of Tennessee's preexisting requirements. This action is being taken pursuant to section 110 of the Clean Air Act. In the Final Rules Section of this Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

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 for recovery of response costs concerning the North Hollywood Operable Unit of the San Fernando Valley Superfund Site, Area 1, located in the vicinity of Los Angeles, California, with the following settling parties: Honeywell International, Inc.; Lockheed Martin Corporation; Calmat Co. dba Vulcan Materials, Western Division; and California Car Hikers Services, Inc. The settlement requires the settling parties to pay a total of $1,300,920 to the North Hollywood Operable Unit Special Account within the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a). 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 modify or withdraw its consent to the 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 Los Angeles Department of Water and Power (LADWP) Library, 111 North Hope Street, Room 518, Los Angeles, CA 90012 and at the EPA Region 9 Superfund Records Center, Mail Stop SFD-7C, 95 Hawthorne Street, Room 403, San Francisco, CA 94105.

The Environmental Protection Agency (EPA) Region 8 has completed its statutory review of variances and exemptions issued by the State of North Dakota under the Safe Drinking Water Act (SDWA), Public Water System Supervision (PWSS) program. This review was announced in the Federal Register published March 12, 2008 (73 FR 13229-01). The Federal Register provided the public with an opportunity to comment. EPA Region 8 received no comments related to variances and/ or exemptions issued or proposed by the State of North Dakota. EPA Region 8 determined as a result of this review that the State of North Dakota did not abuse its discretion on any variance or exemption granted or proposed as of the date of its on-site review on March 31, 2008.

This regulation establishes a permanent tolerance for residues of forchlorfenuron in or on bushberry subgroup 13-07B requested by the IR-4 Project Headquarters, 500 College Road East, Suite 201 W, Princeton, NJ 08540. Time-limited tolerances are also being established under this regulation in support of experimental use permit 71049-EUP-4 for residues of forchlorfenuron in or on almond, cherry, fig, pear, pistachio, plum/prune requested by KIM-C1, LLC c/o Siemer and Associates, Inc. 135 W. Shaw, Suite 102, Fresno, CA 93704. The time- limited tolerances expire on December 31, 2011. IR-4 and KIM-C1, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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 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 as described below.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), as amended, 42 U.S.C. 9622(i), notice is hereby given of a proposed Administrative Agreement for Recovery of Past Response Costs (``Agreement,'' Region 9 Docket No. 2005-18) pursuant to Section 122(h) of CERCLA concerning the Midway Village/Bayshore Park Site (the ``Site''), located in Daly City, San Mateo County, California. The settling parties to the Agreement include Pacific Gas & Electric Company (``PG&E''), the U.S. Department of Housing and Urban Development (``HUD''), and the U.S. Navy (``the Navy''). Through the proposed Agreement, PG&E will reimburse the United States $12,596.30 and HUD and the Navy will reimburse the United States $113,366.66 in response costs incurred at a portion of the Site. The Agreement provides the settling parties with a covenant not to sue for these past response costs, but does not limit EPA's ability to pursue the settling parties for future costs or for past response costs incurred at the portion of the Site not covered in the Agreement. For thirty (30) days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed Agreement. The Agency's response to any comments received will be available for public inspection at EPA's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105.

The Regional Administrator of Region I of the Environmental Protection Agency (EPA) has determined, pursuant to section 1424(e) of the Safe Drinking Water Act, that the aquifer system that underlies Conanicut Island, Rhode Island is the sole or principal source of drinking water for this area and if the aquifer system were contaminated would create a significant hazard to public health. As a result of Sole Source Aquifer (SSA) designation, federal financially- assisted projects over the designated aquifer area will be subject to EPA review to ensure that these projects are designed and constructed so that they do not contaminate this aquifer so as to create a significant hazard to public health.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Mobile Sources Technical Review Subcommittee (MSTRS) will meet in September 2008. The MSTRS is a subcommittee under the Clean Air Act Advisory Committee. This is an open meeting. The meeting will include discussion of current topics and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. The preliminary agenda for the meeting and any notices about change in venue will be posted on the Subcommittee's Web site: https://www.epa.gov/air/caaac/mobile_ sources.html. MSTRS listserver subscribers will receive notification when the agenda is available on the Subcommittee Web site. To subscribe to the MSTRS listserver, send a blank e-mail to lists- mstrs@lists.epa.gov.

Pursuant to section 112(l) of the 1990 Clean Air Act, EPA granted delegation of specific national emission standards for hazardous air pollutants (NESHAP) to the Arizona Department of Environmental Quality on June 4, 2008, and to the Pima County Department of Environmental Quality on June 16, 2008. EPA is proposing to revise the Code of Federal Regulations to reflect the current delegation status of NESHAP in Arizona.

On July 17, 2008, the Environmental Protection Agency (EPA) published a notice of data availability (NODA) in the Federal Register (73 FR 41076) regarding information concerning the destruction of ozone-depleting substances (ODSs) in the United States, which inadvertently printed an incorrect docket identification number. This document corrects the error made in the identification of the docket. The correct docket identification number is EPA-HQ-OAR-2006-1030.

The Beaches Environmental Assessment and Coastal Health (BEACH) Act authorizes EPA to award program development and implementation grants to eligible States, Territories, Tribes, and local governments to support microbiological monitoring and notification of the public of the potential for exposure to disease- causing microorganisms in coastal recreation waters. EPA awards BEACH Act grant funds to eligible States, Territories and Tribes each year using an allocation formula to determine the amount of federal funds available for award to each State and Territory. EPA is considering changes to this allocation formula for the award of grants in 2010 and is providing States, Territories, and Tribes advance notice of expected changes.

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.

EPA is extending the public comment period on the proposed amendments to the current Standards of Performance for Portland Cement Plants. EPA originally requested comments on the proposed rule by August 15, 2008. EPA is extending the deadline to September 30, 2008, and is now requesting written comments by that date. EPA received a request for this extension to the comment period from the Portland Cement Association. The reason given for the request for the extension was the need for additional time to gather data and review the proposed amendments. Given the fact that the proposed amendments are regulating two pollutants that are not regulated by the current NSPS, and the need by the Portland Cement Association to obtain additional information from control equipment vendors, EPA finds this request to be reasonable.

In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of request for amendments by registrants to delete uses in certain pesticide registrations. Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register.

This notice announces the Agency's receipt of several initial filing of pesticide petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities

This regulation establishes tolerances for residues of thifensulfuron methyl in or on barley, hay; oat, forage; oat, hay; wheat, forage, and wheat, hay. E.I. DuPont de Nemours and Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This notice announces receipt of an application to register a pesticide product containing a new active ingredient not included in any currently registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

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). 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 EPA is planning to submit a proposed Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request for a new collection. 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.

The U. S. Environmental Protection Agency (``EPA'') hereby complies with the requirements of 40 CFR 2.310(h) for authorization to disclose confidential business information (``CBI'') submitted to EPA Region 9 pursuant to CERCLA to U.S. Department of Justice contractor CACI, Inc., of Arlington, Virginia.

Under the Federal Advisory Committee Act, Pub. L. 92-463, EPA gives notice of a meeting of the Farm, Ranch, and Rural Communities Committee (FRRCC). The purpose of the FRRCC is to provide advice to the Administrator of EPA on environmental issues and programs that impact, or are of concern to, farms, ranches, and rural communities. The FRRCC is a part of EPA's efforts to expand cooperative working relationships with the agriculture industry and others who are interested in agricultural issues and to achieve greater progress in environmental protection. The purpose of the meeting is to initiate: discussion of the impacts of Agency agriculture-related programs, policies, and regulations regarding climate change and renewable energy; identification and development of a comprehensive environmental strategy for livestock operations; and development of a constructive approach or framework to address areas of common interest between sustainable agriculture and protection of the environment. The meeting will also include a public comment session. A copy of the meeting agenda will be posted at https://www.epa.gov/ocem/frrcc.