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

Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the 19th Avenue Drum Superfund Site located in Opa Locka, Dade County, Florida for publication.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501, et seq.), this document announces that EPA is planning to submit a request to reinstate two previously approved Information Collection Requests (ICR) and four new 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.

This regulation establishes an exemption from the requirement of a tolerance for residues of acetic acid ethenyl ester, polymer with sodium 2-methyl-2-[(1-oxo-2-propen-1-yl)amino]-1-propanesulfonate (1:1), hydrolyzed (CAS No. 924892-37-5); when used as an inert ingredient in a pesticide chemical formulation. Celanese Ltd. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of acetic acid ethenyl ester, polymer with sodium 2- methyl-2-[(1-oxo-2-propen-1-yl)amino]-1-propanesulfonate (1:1), hydrolyzed on food or feed commodities.

This regulation revises the tolerances for combined residues of spiromesifen and its enol metabolite in or on corn. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances for residues of fludioxonil in or on avocado; canistel; citrus, oil; mango; papaya; sapodilla; sapote, black; sapote, mamey; star apple; tomatillo; tomato; vegetable, cucurbit, crop group 9; vegetable, leaves of root and tuber, crop group 2; vegetable, root, except sugar beet, subgroup 1B; and vegetable, tuberous and corm, except potato, subgroup 1D. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA) on behalf of the registrant, Syngenta Crop Protection, Greensboro, NC 27409.

EPA is announcing that Eastern Research Group, Inc. (ERG), an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer review workshop to review the external review draft document titled, ``Toxicological Review of Carbon Tetrachloride: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/ 635/R-08/005A). EPA previously announced the 60-day public comment period (ending July 21, 2008) for the draft document in the Federal Register on May 21, 2008 (73 FR 29502). EPA will consider public comments and recommendations from the expert panel workshop as EPA finalizes the draft document. The public comment period and the external peer review workshop are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments submitted in accordance with the Federal Register notice (73 FR 29502) to ERG for consideration by the external peer review panel prior to the workshop. 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. The public may attend this workshop as observers through a registration process, and time will be set aside for observers to give brief oral comments at the workshop regarding the draft document under review. The draft document and EPA's peer review charge are available via the Internet on NCEA's home page under the Recent Additions and the Data and Publications menus at https://www.epa.gov/ncea. When finalizing the draft document, EPA intends to consider the comments and recommendations from the external peer review workshop and any public comments that EPA receives in accordance with 73 FR 29502, May 21, 2008. Public comments submitted during the 60-day public comment period ending July 21, 2008 may be observed at https://www.regulations.gov under Docket ID No. EPA-HQ-ORD-2008-0058.

The Environmental Protection Agency is deleting systems of records OPP Time Accounting Information System (EPA-14). Published in the Federal Register published on February 22, 2002 (67 FR 8246-8264). Reason for deletion is OPP Time Accounting Information System is being integrated into the PRISM system and the sensitive personally identifiable information has been removed from the TAIS application.

This notice announces the availability of a memorandum entitled ``Award of Alaska Rural and Native Villages Program Grant Authorized by the Clean Water Act and the EPA Section of the Consolidated Appropriations Act, 2008'' and the accompanying grant guidelines. These documents describe how EPA will award and administer the 2008 Alaska Rural and Native Villages Program Grant as authorized by Section 113a of the Clean Water Act (33 U.S.C. 1263a) and the Agency's FY 2008 Consolidated Appropriations Act (Pub. L. 110-161). The Consolidated Appropriations Act, 2008, provides budget authority for funding the Alaska Rural and Native Villages Program that assists communities with the rehabilitation or construction of drinking water and wastewater systems and also training and technical assistance in the operations and maintenance of these systems. The grant guidelines will not be reissued annually. The grant recipient, the State of Alaska, will receive a copy of this notice, the memorandum, and a copy of the grant guidelines from EPA.

This regulation establishes a time-limited tolerance for combined residues of linuron and its metabolites in or on lentils. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on lentils. This regulation establishes a maximum permissible level for residues of linuron in the food commodity, lentils. The time-limited tolerance expires and is revoked on December 31, 2011.

EPA expressed environmental concerns about air quality, water quality and critical fish habitat impacts. EPA also recommended that the Final EIS include additional information regarding erosion and sediment control measures to minimize aquatic impacts. Rating EC2.

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. This ICR is scheduled to expire on October 31, 2008. 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 to renew an existing approvedInformation 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.

This regulation establishes a tolerance for combined residues of uniconazole-P, its R-enantiomer and its Z-isomer in or on vegetable, fruiting, group 8. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes time-limited tolerances for residues of chlorantraniliprole in or on various sweet corn commodities and in milk. This action is in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on sweet corn. This regulation establishes maximum permissible levels for residues of chlorantraniliprole in or on these food commodities. The time-limited tolerances expire and are revoked on December 31, 2011.

This regulation establishes permanent tolerances for residues of pyraflufen-ethyl in or on grass, forage, group 17; and grass, hay, group 17; establishes time-limited tolerances for milk; cattle, meat byproducts; goat, meat byproducts; horse, meat byproducts and sheep, meat byproducts, and revises the existing tolerances for soybean, forage; soybean, hay; wheat, forage and wheat, hay. Nichino America, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). The time-limited tolerances expire on October 15, 2012.

EPA is proposing to partially approve and disapprove portions of revisions to the Georgia State Implementation Plan (SIP) submitted by the State of Georgia in three submittals dated October 31, 2006, March 5, 2007, and August 22, 2007. The proposed revisions modify Georgia's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) permitting rules in the SIP 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 (collectively, these two final actions are referred to as the ``2002 NSR Reform Rules''). The proposed revisions include provisions for baseline emissions calculations, an actual-to-projected-actual methodology for calculating emissions changes, options for plantwide applicability limits, and recordkeeping and reporting requirements. EPA is proposing to approve Georgia's NSR rule revisions, with the exception of one NNSR provision. EPA is proposing to disapprove the State's incorporation of ``baseline emissions calculations'' into the Georgia NNSR provisions for the generation of Emissions Reductions' Credits to be used as offsets.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision pertains to regulations for emission limitations at 15 Maryland power plants. The intended effect of this action is to approve, with one exception, Maryland's regulation which establishes statewide tonnage caps for emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2) from 15 coal-fired electric generating units (EGUs). The exception pertains to a portion of the rule that Maryland requested EPA take no further action on. The provision, which EPA has determined has no impact on the rule that is being finalized today, will be withdrawn in a separate notice. This SIP action is being taken under the Clean Air Act (CAA).

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 collection and the estimated burden and cost.

Under Section 10(a)(2) of the Federal Advisory Committee Act, the United States Environmental Protection Agency (EPA) is giving notice of a meeting of the Total Coliform Rule Distribution System Advisory Committee (TCRDSAC). The purpose of this meeting is to discuss the Total Coliform Rule (TCR) revision 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. During this meeting the TCRDSAC will discuss the Committee's revisions to the draft Agreement in Principle (AIP), which includes recommended revisions to the TCR and recommendations for research and information collection to better understand and address possible public health impacts from potential degradation of drinking water quality in the distribution system.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds six sites to the General Superfund Section of the NPL.

The Environmental Protection Agency, Office of Research and Development (ORD), announces the cancellation of a meeting of the Board of Scientific Counselors (BOSC) Water Quality Mid-Cycle Subcommittee. This meeting, a teleconference September 15, 2008, was announced in a Federal Register Notice published on Friday, August 15, 2008 (73 FR 47949). The purpose of this meeting was to prepare for the September 23 face-to-face meeting of the subcommittee. The proposed agenda topics will be covered during the September 4, 2008 meeting (telecon).

The Agency is announcing the availability of a Pesticide Registration Notice (PR Notice) entitled ``Antimicrobial Pesticide Products With Anthrax-Related Claims.'' This PR Notice was issued by the Agency on [insert date PR Notice is signed by the OD] and is identified as PR Notice 2008-2. PR Notices are issued by the EPA's Office of Pesticide Programs (EPA/OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This particular PR Notice provides guidance pertaining to applications of registration for antimicrobial products that would make labeling claims to inactivate Bacillus anthracis (anthrax) spores (hereafter referred to as ``anthrax-related products'').

EPA has authorized its contractor, Industrial Economics, Inc. of Cambridge, MA, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

Notice is hereby given that the EPA has posted its responses to state and tribal designation recommendations for the 2006 24-hour fine particles (PM2.5) National Ambient Air Quality Standards (NAAQS) on its Internet Web site at https://www.epa.gov/ pmdesignations/2006standards/index.htm. EPA invites public comments on its responses during the 30-day comment period specified below. EPA sent responses directly to the states on August 19 and tribes on or around August 20, 2008, and plans to make final designation determinations for the 2006 24-hour PM2.5 NAAQS by December 18, 2008.