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

EPA is withdrawing its draft Pesticide Registration Notice (PR Notice) entitled ``Label Statements Regarding Third-Party Endorsements & Cause Marketing.'' The draft PR Notice, issued for public comment in October 2007, contained a description of the Agency's proposed framework for evaluating proposed statements and graphic material to appear on pesticide labeling regarding third-party endorsements or a relationship between the pesticide registrant and a charity (``cause marketing claims'') and the kinds of information EPA would expect to receive in applications to add such claims to pesticide labeling. Public comments on the draft raised serious issues, leading the Agency to conclude that considerably more information would likely be needed to support such claims than was described by the draft PR Notice. Rather than develop additional guidance, EPA believes it is better to allocate its resources to other initiatives which should improve pesticide labeling in ways that enhance users' understanding of and ability to use products safely and effectively. Thus, the Agency will continue to evaluate applications proposing to add labeling containing third-party endorsements or cause marketing claims on a case-by-case basis to ensure that the applicant has provided sufficient information to allow EPA to determine whether products containing such claims meet the standards for registration.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that EPA is planning to submit a request to renew and consolidate existing approved Information Collection Requests (ICRs) and to update the burden in those estimates to include the burden associated with EPA's upcoming Vessels General Permit (VGP) to the Office of Management and Budget (OMB). Two of these ICRs (NPDES and Sewage Sludge Monitoring Reports ICR, OMB 2040-0004 and CSO Control Policy, OMB 2040-0170) are scheduled to expire on September 30, 2008. All of the burden will be consolidated under the NPDES and Sewage Sludge Monitoring Reports ICR (OMB 2040-0004). 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 EPA is announcing extensions of the public comment periods for the draft documents titled, ``Integrated Science Assessment for Oxides of Nitrogen and SulfurEnvironmental Criteria; Second External Review Draft'' (EPA 600/R-08/082), ``Annexes for the Integrated Science Assessment for Oxides of Nitrogen and SulfurEnvironmental Criteria; Second External Review Draft'' (EPA 600/R-08/083), and ``Risk and Exposure Assessment for the Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur'' (EPA-452/P-08-005a). These documents were prepared as part of the Agency's review of the secondary (welfare-based) national ambient air quality standards (NAAQS) for nitrogen dioxide (NO2.) and sulfur dioxide (SO2). EPA is releasing these draft documents solely for the purpose of seeking comment from the public and the Clean Air Scientific Advisory Committee (CASAC). The documents are being distributed solely for the purpose of pre-dissemination review under applicable information quality guidelines. They do not represent and should not be construed to represent any Agency policy, viewpoint, or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference for the Agency and its federal partners to brief the Homeland Security Advisory Committee (HSAC) on their progress in developing the Environmental Response Technical Assistance Document for Bacillus anthracis Terrorism Incidents (ERTAD).

This action grants Petitioners' request for reconsideration and Petitioners' request for a stay until December 25, 2008 for certain specific provisions in the newly promulgated standards of performance for new, modified, or reconstructed process units at petroleum refineries. The effective date for the final rule promulgating amendments to the current standards of performance for petroleum refineries has not changed and remains June 24, 2008.

EPA expressed environmental concerns about impacts to air quality, groundwater and noise. Rating EC2.

Pursuant to the Federal Advisory Committee Act, EPA gives notice of a public meeting of the Pesticide Program Dialogue Committee (PPDC) on October 7-8, 2008. A draft agenda is under development that will include reports from and discussions about issues from the following PPDC work groups: Work Group on 21st Century Toxicology/New Integrated Testing Strategies; and Work Group on Comparative Safety Statements for Pesticide Product Labeling. The agenda will also include reports from the Office of Pesticide Programs' (OPP) Pesticide Incident Workgroup; OPP's Pollinator Protection Team, the Work Group on Web- Distributed Labeling; and updates on endangered species, endocrine disruptors, and resources.

The U.S. Environmental Protection Agency is giving notice of a public meeting to discuss remaining ``long-term'' issues with the Lead and Copper Rule. This meeting is open to the public and will provide a forum for public discussion of potential issues that may be appropriate for additional action.

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.

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 Ethylene Glycol Mono Butyl Ether (EGBE): In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-08/006A). EPA previously announced the 60- day public comment period (ending June 24, 2008) for the draft document in the Federal Register on April 25, 2008 (73 FR 22372-22373). 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 22372-22373) 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 22372-22373, April 25, 2008. Public comments submitted during the 60-day public comment period ending June 24, 2008, may be observed at https:// www.regulations.gov under Docket ID No. EPA-HQ-ORD-2008-0245.

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 and consolidate three existing approved Information Collection Requests (ICRs). The consolidation ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. These ICRs are scheduled to expire on Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

The U.S. Environmental Protection Agency (EPA) invites nominations of qualified candidates to be considered for appointments to fill vacancies on the Environmental Financial Advisory Board. The Board seeks to maintain diverse representation across sectors and geographic locations. Nominees should demonstrate expertise in any of the following areas: environmental economics; public utility finance and management; air pollution/climate financing; financial assurance mechanisms; financing green buildings/infrastructure; corporate finance and investment banking; commercial banking; environmental engineering; and accounting and/or auditing. Tribal and local government officials, representatives from the transportation and energy sectors, non-profit environmental/conservation groups, and environmental justice community representatives are encouraged to apply. In addition to this notice, other sources may be utilized in the solicitation of nominees. The deadline for receiving nominations is Friday, October 17, 2008. Nominees' qualifications will be assessed under the mandates of the Federal Advisory Committee Act, which requires Committees to maintain diversity across a broad range of constituencies, sectors, and groups. Nominations for membership must include a r[eacute]sum[eacute] describing the professional and educational qualifications of the nominee as well as experience. Contact details should include full name and title, business mailing address, telephone, fax, and e-mail address. A supporting letter of endorsement is encouraged but not required.

The Environmental Protection Agency (EPA) intends to transfer information claimed as confidential business information (CBI) collected from several industries, including health services, drinking water treatment, and airport deicing to Abt Associates and its subcontractors, to PG Environmental, LLC, and its subcontractors, and to Westat. Transfer of the information will allow the contractors and subcontractors to support EPA in the planning, development, review, and implementation of effluent limitation guidelines and standards under the Clean Water Act (CWA). The information being transferred was or will be collected, in part, under the authority of section 308 of the CWA. Interested persons may submit comments on this intended transfer of information to the address noted below.

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a meeting of the Gulf of Mexico Program (GMP) Policy Review Board (PRB). For information on access or services for individuals with disabilities, please contact Gloria Car, U.S. EPA, at (228) 688-2421 or car.gloria@epa.gov. To request accommodation of a disability, please contact Gloria Car, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

This regulation establishes tolerances for combined residues of the herbicide pendimethalin, [N-(1-ethylpropyl)-3,4-dimethyl-2,6- dinitrobenzenamine], and its metabolite, 4-[(1-ethylpropyl) amino]-2- methyl-3,5-dinitrobenzyl alcohol, in or on crayfish at 0.05 parts per million (ppm), and cotton gin byproducts at 3.0 ppm. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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 Georgia-Pacific Hardwood Superfund Site located in Plymouth, Washington County, North Carolina for publication.

EPA is revoking certain tolerances for the insecticides/ nematicides aldicarb, ethoprop, and oxamyl; the insecticides disulfoton, malathion, and methyl parathion; the miticide/acaricide propargite; the fungicides o-phenylphenol and its sodium salt, triadimefon, triadimenol, and ziram; the herbicides ametryn, dicamba, diuron, oxyfluorfen, and paraquat; the growth regulator/herbicide dimethipin; and the antimicrobial/insecticidal fumigant propylene oxide. Also, EPA is modifying certain tolerances for the insecticide/ nematicide oxamyl; the insecticide fenitrothion; the miticide/acaricide propargite; the molluscicide metaldehyde; the fungicides triadimefon and tridemorph; the herbicides ametryn, 2,4-DB, dicamba, and diuron; and the antimicrobial/insecticidal fumigant propylene oxide. In addition, EPA is establishing tolerances for the insecticide/nematicide oxamyl; the molluscicide metaldehyde; the fungicides etridiazole and streptomycin; the herbicides 2,4-DB, dicamba, and diuron; and the antimicrobial/insecticidal fumigant propylene oxide and propylene chlorohydrin (a reaction product formed during the propylene oxide sterilization process). Finally, because tolerances expired in 2005, EPA is removing 40 CFR 180.167 for nicotine-containing compounds. The regulatory actions finalized in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA), section 408(q).

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 November 30, 2008. 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, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement, In the Matter of: Amber Oil Site; 1016 N. Hawley Road; Milwaukee, Wisconsin, Agreement for Payment of Past Response Costs, U.S. EPA Region 5 CERCLA Docket No. V-W-'08-C-911. This proposed settlement agreement for payment of U.S. EPA's past response costs includes a compromise of some past response costs incurred by U.S. EPA in connection with the Amber Oil site in Milwaukee, Wisconsin. U.S. EPA is entering into the proposed Agreement with the following twenty-three settling parties: AAA Sales & Engineering, Inc.; AD-Tech Industries, Inc.; Metso Paper USA, Inc. (fka Beloit-Manhattan); Black and Decker Corporation; F. Ziegler Enterprises; Galland-Henning-Nopak, Inc.; Intermet Corporation (fka Ganton Technologies); Leggett & Platt, Inc.; MeadWestvaco Corporation (fka Mead Container); Milwaukee Wire Products; Muza Metal Products; Kraft Foods Global, Inc. (fka Oscar Mayer); Pioneer Products, Inc.; Epicor Industries, Inc. (fdba Plews/ Edelmann); Brunswick Corporation (fka Roadmaster Corp.); Alliance Laundry Systems, LLC (fka Speed Queen Co.); Toolrite Manufacturing Co., Inc.; U.S. Chrome Performance Coating; Warner Electric; Wisconsin Central Ltd.; Metak Tek Inernational, Inc. (aka Wisconsin Centrifugal); Wisconsin Knife Works; and Wrought Washer Mfg., Inc. The settlement requires the settling parties to reimburse the U.S. EPA Hazardous Substance Superfund $190,000 of U.S. EPA's costs of $194,269 incurred as of January 31, 2008. 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 U.S. EPA's response to any comments received will be available for public inspection at the site record repository in the West Allis Public Library, 7421 West Nation Avenue, Milwaukee, Wisconsin, and at the U.S. EPA Record Center, Room 714, U.S. EPA, 77 West Jackson Boulevard, Chicago, Illinois. This is the second consent agreement concerning the Amber Oil Site in Milwaukee. An earlier administrative settlement with 55 different settling parties, In the Matter of Amber Oil Site, U.S. EPA Docket No. V-W-'04-C-780 was finalized in 2004. Pursuant to that Agreement, those other 55 settling parties committed to perform the clean-up of the Amber Oil Site, and pay past, intermediate, and oversight costs as defined in that administrative settlement. Past costs in the amount of $155,591 were compromised under that earlier Agreement in consideration of the 55 settling parties' commitment to perform the removal and pay the costs described above. That $155,591 in compromised costs is part of the $194,269 U.S. EPA sought to recover in February 2008, $190,000 of which these 23 settling represents are committing to pay pursuant to the proposed Amber Oil Site Agreement, U.S. EPA Region 5 Docket No. V- W-'08-C-911, which Agreement is the subject of this notice of solicitation of public comment.

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. 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 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 information collection and its estimated burden and cost.

The Environmental Protection Agency (EPA) is issuing a final rule to add the name of Structural Metals, Inc, to the exclusion granted to Conversion Systems Inc., (CSI) on June 13, 1995. As described in the exclusion issued to CSI in paragraph (1)(B), the Agency shall add the location of the treatment facility and the name of the steel mill contracting CSI's services. This rule adds the location of U.S. Ecology, Texas Ecology in Robstown, Texas as the treatment facility and Structural Metals, Inc. as the steel mill contracting the services of CSI. This rule also updates the 1995 exclusion to include Paragraphs (6) and (7), the Delisting Reopener language and Notification Requirements; and other updates regarding the disposal and submission of Quality Assurance Plan prior to submission of data for a new facility.

EPA is proposing to grant a petition submitted by BAE Systems, Inc. (BAE) to exclude (or delist) a certain solid waste generated by its Sealy, Texas, facility from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) Version 3.0 in the evaluation of the impact of the petitioned waste on human health and the environment.

This is a notice of EPA's Final Determination pursuant to section 404(c) of the Clean Water Act to prohibit the specification of subject wetlands and other waters of the United States in Issaquena County, MS, as a disposal site for the discharge of dredged or fill material for the purpose of construction of the proposed Yazoo Backwater Area Pumps Project, i.e., Plan 5 in the U.S. Army Corps of Engineers' (the Corps) Final Supplemental Environmental Impact Statement (FSEIS) for the Yazoo Backwater Area Project, as well as FSEIS Plans 3, 4, 6, and 7, and Modified Plan 6 (proposed by the Corps after publication of the FSEIS). EPA's determination is based upon a finding that the discharge of dredged or fill material associated with the construction and operation of these projects would result in unacceptable adverse effects on fishery areas and wildlife.

The U.S. EPA is announcing the release of a pre-dissemination, external review draft titled, ``Problem Formulation for Human Health Risk Assessments of Pathogens in Land-applied Biosolids'' (EPA/600/R- 08/035A), for both public comment and external peer review. The public comment period will span 45 days. Eastern Research Group (ERG), under contract with EPA, will convene an independent panel of experts and organize and conduct an external peer-review workshop to review the draft document. Both the U.S. EPA and ERG invite the public to register to attend this workshop. Additional information regarding both submissions and registration is provided in the remainder of the 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. In addition to consideration by EPA, all public comments submitted in accordance with this notice will also be forwarded to the external peer-review panel for review 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.