Environmental Protection Agency September 15, 2008 – Federal Register Recent Federal Regulation Documents

Revision of Source Category List for Standards Under Section 112(k) of the Clean Air Act; and National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities
Document Number: E8-21509
Type: Proposed Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
EPA is revising the area source category list by changing the name of the ferroalloys production category to clarify that it includes all types of ferroalloys. We are also adding two additional products (calcium carbide and silicon metal) to the source category. Because calcium carbide and silicon metal production involve the use of equipment and processes similar to those employed in ferroalloy production, we are proposing to address these two products as part of the ferroalloys production category. EPA is also proposing national emissions standards for control of hazardous air pollutants for area source ferroalloys production facilities. The proposed emissions standards for new and existing sources are based on EPA's proposed determination as to what constitutes the generally available control technology (GACT) or management practices for the source category. We are proposing to exempt the ferroalloys production area source categories from title V permitting requirements.
Clean Water Act Section 303(d): Availability of List Decisions
Document Number: E8-21498
Type: Notice
Date: 2008-09-15
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Responsiveness Summary Concerning EPA's June 17, 2008 Public Notice of Final Decisions To Add Waters and Pollutants to Arkansas' 2006 Section 303(d) List. On June 17, 2008, EPA published a notice in the Federal Register at Volume 73, Number 117, pages 34295-34296 providing the public the opportunity to review its final decisions to add waters and pollutants to Arkansas' 2006 Section 303(d) List as required by EPA's Public Participation regulations (40 CFR Part 25). Based on the Responsiveness Summary, EPA has decided to remove six waterbody pollutant combinations identified in EPA's Final Action on Arkansas' 2006 Section 303(d) list based on additional information provided by the Arkansas Department of Environmental Quality. Therefore, EPA has revised its decision to disapprove Arkansas' decisions not to list 73 water body-pollutant combinations instead of 79 waterbody pollutant combinations. A listing of these 73 water body pollutant-combinations along with priority rankings for inclusion on the 2006 Section 303(d) List can be found in Table 2 of EPA's Responsiveness Summary.
Science Advisory Board Staff Office; Clean Air Scientific Advisory Committee (CASAC); NOX
Document Number: E8-21492
Type: Notice
Date: 2008-09-15
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee Oxides of Nitrogen (NOX) and Sulfur Oxides (SOX) Secondary National Ambient Air Quality Standards (NAAQS) Review Panel (CASAC Panel) to peer review EPA's Integrated Science Assessment for Oxides of Nitrogen and Sulfur Environmental Criteria (Second External Review Draft) (EPA/600/R-08/ 082) and EPA's Risk and Exposure Assessment for Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur: First Draft (EPA-452/P-08-005a). The chartered CASAC will review and approve the Panel's reports by public teleconference.
Notice of Final 2008 Effluent Guidelines Program Plan
Document Number: E8-21484
Type: Notice
Date: 2008-09-15
Agency: Environmental Protection Agency
EPA establishes national technology-based regulations known as effluent guidelines and pretreatment standards to reduce pollutant discharges from categories of industry discharging directly to waters of the United States or discharging indirectly through Publicly Owned Treatment Works (POTWs). The Clean Water Act (CWA) sections 301(d), 304(b), 304(g), and 307(b) require EPA to review these effluent guidelines and pretreatment standards. This notice presents EPA's 2008 review of existing effluent guidelines and pretreatment standards. It also presents EPA's evaluation of indirect dischargers without categorical pretreatment standards to identify potential new categories for pretreatment standards under CWA sections 304(g) and 307(b). This notice also presents the final 2008 Effluent Guidelines Program Plan (``final 2008 Plan''), which, as required under CWA section 304(m), identifies any new or existing industrial categories selected for effluent guidelines rulemaking and provides a schedule for such rulemaking. CWA section 304(m) requires EPA to biennially publish such a plan after public notice and comment. The Agency published the preliminary 2008 Plan on October 30, 2007 (72 FR 61335). This notice also provides EPA's preliminary thoughts concerning its 2009 annual reviews under CWA sections 304(b) and 304(g) as well as its reviews under 301(d) and 307(b) and solicits comments, data and information to assist EPA in performing these reviews. EPA intends to continue its detailed studies of the steam electric power generating industry, the health services industry, and the coalbed methane extraction industry, which is part of the oil and gas extraction industry. Finally, EPA is using this notice to solicit public comment to identify industry sectors and facilities that use water efficiency practices that promote water efficiency, re-use, and recycling because such practices can be related to reducing overall pollutant discharges.
Pesticide Registration Review; New Dockets Opened for Review and Comment; Closure of the Fenamiphos Registration Review Case
Document Number: E8-21482
Type: Notice
Date: 2008-09-15
Agency: Environmental Protection Agency
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. 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. This document also announces the Agency's intent not to open a registration review docket for fenaminphos. This pesticide does not currently have any actively registered pesticide products and is not, therefore, scheduled for review under the registration review program.
Withdrawal of Federal Antidegradation Policy for All Waters of the United States Within the Commonwealth of Pennsylvania
Document Number: E8-21464
Type: Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
EPA is taking direct final action to withdraw the federal antidegradation policy for all waters of the United States within the Commonwealth of Pennsylvania. We are withdrawing the federal antidegradation policy to allow Pennsylvania to implement its own antidegradation policy. Pennsylvania has adequately demonstrated that its antidegradation policy protects all waters of the United States at a level consistent with the federal requirements under the Clean Water Act. Therefore, the federal antidegradation policy is redundant.
Withdrawal of Federal Antidegradation Policy for All Waters of the United States Within the Commonwealth of Pennsylvania
Document Number: E8-21463
Type: Proposed Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
EPA is proposing to withdraw the federal antidegradation policy for all waters of the United States within the Commonwealth of Pennsylvania. We will withdraw the federal antidegradation policy to allow Pennsylvania to implement its own antidegradation policy. Pennsylvania has adequately demonstrated that its antidegradation policy protects all waters of the United States within the Commonwealth at a level consistent with the federal requirements. Therefore, the federal antidegradation policy is redundant. In the ``Rules and Regulations'' section of this Federal Register, we are withdrawing the federal antidegradation policy for waters within the Commonwealth of Pennsylvania as a direct final rule without a prior proposed rule. If we received no adverse comment, we will not take further action on this proposed rule.
Board of Scientific Counselors (BOSC), Human Health Subcommittee Meetings-Fall 2008 and Winter 2009
Document Number: E8-21462
Type: Notice
Date: 2008-09-15
Agency: Environmental Protection Agency
Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of three meetings of the Board of Scientific Counselors (BOSC) Human Health Subcommittee.
Revision of National Recommended Water Quality Criteria for Acrolein and Phenol
Document Number: E8-21460
Type: Notice
Date: 2008-09-15
Agency: Environmental Protection Agency
Pursuant to section 304(a) of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) is announcing the revision and availability of draft updated national recommended water quality criteria for the protection of human health for acrolein and phenol. The draft criteria are partial updates based on EPA's Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000), EPA-822-B-00-004 (2000 Human Health Methodology) and will supersede previously published criteria when final. EPA's recommended section 304(a) water quality criteria provide guidance to States and authorized Tribes in adopting water quality standards for protecting human health and provide guidance to EPA for promulgating Federal regulations under CWA section 303(c), when such action is necessary.
National Drinking Water Advisory Council: Request for Nominations
Document Number: E8-21459
Type: Notice
Date: 2008-09-15
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA or Agency) invites all interested persons to nominate qualified individuals to serve a three-year term as members of the National Drinking Water Advisory Council (Council). This 15-member Council was established by the Safe Drinking Water Act (SDWA) to provide practical and independent advice, consultation, and recommendations to the Agency on the activities, functions, policies, and regulations required by the SDWA. The terms of five (5) members expire in December 2008. To maintain the representation required in the statute, nominees for the 2009 Council should represent State and local officials concerned with public water supply and public health protection (1 vacancy), the general public (2 vacancies) and interest groups (2 vacancies), with at least one of these vacancies representing small systems. All nominations will be fully considered, but applicants need to be aware of the specific representation needed as well as geographical balance so that all major areas of the U.S. (East, Mid-West, South, Mountain, South-West, and West) will be represented. The current list of members is available on the EPA Web site at https://www.epa.gov/safewater/ndwac.
Approval and Promulgation of Implementation Plans Alabama: Volatile Organic Compounds and Open Burning
Document Number: E8-21313
Type: Proposed Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
EPA is proposing approval of revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management on January 8, 2008. The revisions include modifications to Alabama's Volatile Organic Compounds and Control of Open Burning and Incineration regulations, found at Alabama Administrative Code Chapters 335-3-1 and 335-3-3, respectively. This proposed action is being taken pursuant to section 110 of the Clean Air Act. This SIP revision also contains a letter addressing the requirements of section 110(a)(2)(D)(i), which EPA will consider separately.
Approval and Promulgation of Implementation Plans Alabama: Volatile Organic Compounds and Open Burning
Document Number: E8-21312
Type: Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Alabama State Implementation Plan (SIP), submitted by the Alabama Department of Environmental Management (ADEM) on January 8, 2008. The revisions include modifications to Alabama's Volatile Organic Compounds (VOC) and Control of Open Burning and Incineration regulations, found at Alabama Administrative Code (AAC) Chapters 335-3-1, and 335-3-3, respectively. This action is being taken pursuant to section 110 of the Clean Air Act (CAA). This SIP revision also contains a letter addressing the requirements of section 110(a)(2)(D)(i), which EPA will consider separately.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of Incinerators
Document Number: E8-21310
Type: Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the Maryland Department of the Environment (MDE). This revision pertains to amendments to the regulations for the control of incinerators. This action is being taken under the Clean Air Act (CAA or the Act).
Approval and Promulgation of Air Quality Implementation Plans; Virginia, Reasonably Available Control Technology (RACT) for Norfolk Southern Corporation
Document Number: E8-21309
Type: Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia removing a nitrogen oxide (NOX) reasonably available control technology (RACT) permit from the Virginia SIP for sources located at the Norfolk Southern Railway CompanyEast End Shops' facility located in Roanoke, Virginia, which have permanently shut down. This action is being taken under the Clean Air Act (CAA).
National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List
Document Number: E8-21306
Type: Proposed Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region III is issuing a Notice of Intent to Delete the Berks Landfill Superfund Site (Site) located in Spring Township, Berks County, Pennsylvania, 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 Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under CERCLA.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: E8-21305
Type: Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region III is publishing a direct final Notice of Deletion of the Berks Landfill Superfund Site (Site), located in Spring Township, Berks County, Pennsylvania, 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 Commonwealth of Pennsylvania (Commonwealth), through the Pennsylvania Department of Environmental Protection (PADEP), because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under CERCLA.
Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Missouri
Document Number: E8-21183
Type: Proposed Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
EPA proposes to approve a revision to the Missouri State Implementation Plan (SIP) and Operating Permits Program. EPA proposes to approve a revision to the Missouri rule entitled ``Submission of Emission Data, Emission Fees, and Process Information.'' These revisions will establish emission fees for the Missouri facilities as required annually, align state rule reporting requirements with the Federal Consolidated Emission Reporting Rule, and decrease the required Emissions Inventory Questionnaire reporting frequency for affected installations.
Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Missouri
Document Number: E8-21181
Type: Rule
Date: 2008-09-15
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the Missouri State Implementation Plan (SIP) and Operating Permits Program. EPA is approving a revision to the Missouri rule entitled ``Submission of Emission Data, Emission Fees, and Process Information.'' These revisions will establish emission fees for the Missouri facilities as required annually, align state rule reporting requirements with the Federal Consolidated Emission Reporting Rule (CERR), and decrease the required Emissions Inventory Questionnaire (EIQ) reporting frequency for affected installations.