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

EPA has environmental objections to the proposed project regarding significant impacts to wetlands and high quality streams. EPA also believes there are significant and unaddressed construction impacts resulting from the proposed 2,870-foot tunnel under the Appalachian Trail at Stecoah Gap. Furthermore, EPA believes there are significant and unresolved impacts to residences, water supplies, terrestrial forests, NFS lands, aquatic habitat, air quality, and noise receptors. Rating EO2.

This document gives notice of the Toxic Substances Control Act (TSCA) requirements potentially applicable to carbon nanotubes (CNTs). EPA generally considers CNTs to be chemical substances distinct from graphite or other allotropes of carbon listed on the TSCA Inventory. Many CNTs may therefore be new chemicals under TSCA section 5. Manufacturers or importers of CNTs not on the TSCA Inventory must submit a premanufacture notice (PMN) (or applicable exemption) under TSCA section 5 where required under 40 CFR part 720 or part 723. In order to determine the TSCA Inventory status of a CNT, a manufacturer may submit to EPA a bona fide intent to manufacture or import under 40 CFR 720.25.

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 request ICR to the Office of Management and Budget (OMB) for review and approval. This ICR is scheduled to expire on April 30, 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.

On October 7, 2008, the U.S. Environmental Protection Agency's (EPA's) Office of Air and Radiation announced an opportunity for public hearing and written comment. The notice concerns the California Air Resources Board's request seeking EPA's confirmation that its amendments affecting emission standards for three broad categories of new compression ignition engines are within the scope of previous authorizations issued by EPA. Please be advised the docket number for that notice was incorrect.

Notice is hereby given by the United States Environmental Protection Agency (EPA) that an exemption to the land disposal restrictions under the 1984 Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA) has been granted to AK Steel Corporation (AK Steel) of Middletown, Ohio, for two Class I injection wells located in Middletown, Ohio. As required by 40 CFR part 148, AK Steel has demonstrated, to a reasonable degree of certainty, that there will be no migration of hazardous constituents out of the injection zone or into an underground source of drinking water (USDW) for at least 10,000 years. This final decision allows the continued underground injection by AK Steel of a specific restricted waste, Waste Pickle Liquor, (code K062 under 40 CFR part 261), into two Class I hazardous waste injection wells specifically identified as Waste Disposal Wells No. 1 and No. 2, at the Middletown facility. This decision constitutes a final EPA action for which, except for the two parties who commented on the draft decision, there is no Administrative Appeal.

EPA is announcing the availability of the electronic Report on the Environment (eROE or ROE), an online site that provides access to the environmental and human health information contained in the EPA's 2008 Report on the Environment (EPA/600/R-07/045F), released May 20, 2008, and in the EPA's 2008 Report on the Environment: Highlights of National Trends, released September 24, 2008, in one location and in a searchable format. The ROE asks important questions about the condition of our nation's environment and human health over time and provides answers to those questions in the form of indicators. The site also includes the methodology, references, and sources of additional information behind the indicators that form the foundation of the reports. Indicators will be updated periodically on the ROE Web site so the most up-to-date information on environmental and human health condition is available to the public in a searchable format. The Web site was developed by EPA's National Center for Environmental Assessment, within the Office of Research and Development, and the Office of Environmental Information.

EPA is taking direct final action to approve revisions to the West Virginia State Implementation Plan (SIP). The revision amends the 8-hour ozone maintenance plan for the Parkersburg area. This revision amends the maintenance plans' 2009 and 2018 motor vehicle emissions budgets (MVEBs) by reallocating a portion of the plans' safety margins, which results in an increase in the MVEBs. The revised plan continues to demonstrate maintenance of the 8-hour national ambient air quality standard (NAAQS) for ozone. EPA is approving this SIP revision to the West Virginia maintenance plan for Parkersburg in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is publishing a final rule that revises the definition of solid waste to exclude certain hazardous secondary materials from regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The purpose of this final rule is to encourage safe, environmentally sound recycling and resource conservation and to respond to several court decisions concerning the definition of solid waste.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide triclosan, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the triclosan Docket. Triclosan is regulated by both the U.S. EPA and the U.S. Food and Drug Administration (FDA). The EPA regulates the antimicrobial uses of triclosan when used as a bacteriostat, fungistat, mildewstat, and deodorizer. EPA has reviewed triclosan through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs as mentioned in Unit II.A. of the SUPPLEMENTARY INFORMATION. EPA is ensuring that all pesticides meet current health and safety standards.

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 that is abstracted below describes the nature of the collection and the estimated burden and cost.

In this Order, EPA denies a petition requesting that EPA revoke all pesticide tolerances for carbaryl under section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA). The petition was filed on January 10, 2005, by the Natural Resources Defense Council (NRDC).

This notice announces EPA's preliminary determination to terminate the Special Review of ethylene oxide (ETO). On January 27, 1978, EPA initiated Special Review based on developmental toxicity, mutagenicity, and neurotoxic effects in workers (43 FR 3801). In the early 1980s, the carcinogenicity of ETO became of concern and was added to the Special Review. Since the initiation of the Special Review, additional data and more comprehensive reviews of potential risks associated with ETO exposure have been completed, including those described in the 2006 Tolerance Reassessment and Risk Management Decision (TRED) (https://www.epa.gov/oppsrrd1/REDs/ethylene_oxide_ tred.pdf) and the 2008 Reregistration Eligibility Decision (RED) (https://www.epa.gov/oppsrrd1//REDs/ethylene-oxide-red.pdf) for ETO. In the 2008 RED, the Agency addressed occupational risk concerns that were the focus of the Special Review. During the reregistration process EPA conducted a public, intensive review of ETO risks and benefits to determine whether or not ETO registrations meet the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) standard for registration. The Agency determined that the benefits of ETO use outweigh the occupational risks associated with its use provided that the risk mitigation measures outlined in the RED are adopted and label amendments are made to reflect those measures. Because the risks that were the basis of the Special Review have been evaluated and the Agency has made a determination under FIFRA, as outlined above, the Agency is proposing to terminate the Special Review of ETO.

EPA is proposing to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of moving the Richmond and the Hampton Roads 8-Hour Ozone Nonattainment Areas from the nonattainment areas list to the maintenance areas list. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal 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 action, 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. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

With this final rule, EPA is amending the pesticide container and containment regulations, which provide for the safe storage and disposal of pesticides as a means of protecting human health and the environment pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This final rule extends the labeling compliance date from August 17, 2009 to August 17, 2010; changes the phrase ``sold or distributed'' to ``released for shipment'' as associated with all of the compliance dates; provides certain exceptions to label language requirements; allows for waivers of certain label requirements; and makes various minor editorial changes. In addition, the Agency is amending 40 CFR part 152 by establishing a definition for ``released for shipment.''

EPA is proposing to approve a request submitted by the Illinois Environmental Protection Agency (IEPA) on January 24, 2008, to revise the Illinois State Implementation Plan (SIP) for volatile organic compounds (VOC). The proposed approval revises the Illinois SIP by updating information regarding the packaging production facility of Cromwell-Phoenix, Incorporated, located in Alsip, Illinois. It acknowledges that the source has changed its name from Cromwell- Phoenix, Incorporated, to CP-D Acquisition Company, LLC, as a consequence of a change in ownership. The revision does not change any of the VOC control requirements and will not increase VOC emissions because no emission limits were increased.

During a review of Texas' regulations, the EPA identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this Immediate Final action. In addition, today's document corrects technical errors made in the August 18, 1999 and June 14, 2005 Federal Register authorization documents for Texas. The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Texas' hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.

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 Agency approval of an application to register the pesticide product Bedoukian e,e-9,11-Tetradecdienyl Acetate Technical Pheromone] containing an active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

This notice announces Agency approval of an application submitted by Syngenta Seeds, Inc., to conditionally register the pesticide product VipCot containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3(c)(7)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

In the Federal Register of September 30, 2008, EPA announced that Idaho has applied to EPA for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act, as amended (RCRA). EPA has reviewed Idaho's application, has preliminarily determined that these changes satisfy all requirements needed to qualify for final authorization, and is proposing to authorize the State's changes. This is an administrative extension of the public comment period for this proposed rule. The public comment period for this proposed rule has been extended from October 30, 2008 to November 20, 2008.

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 for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

The EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs,'' New Mexico's authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under the Solid Waste Disposal Act, commonly referred to as the Resource Conversation and Recovery Act (RCRA). In the ``Rules and Regulations'' section of this Federal Register, the EPA is codifying and incorporating by reference the State's hazardous waste program as an immediate final rule. The EPA did not make a proposal prior to the immediate final rule because we believe these actions are not controversial and do not expect comments that oppose them. We have explained the reasons for this codification and incorporation by reference in the preamble to the immediate final rule. Unless we get written comments which oppose this incorporation by reference during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose these actions, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

On October 12, 2005, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for new and existing sources at hazardous waste combustion facilities (the final rule). Subsequently, the Administrator received four petitions for reconsideration of the final rule. On March 23, 2006 and September 6, 2006, EPA granted reconsideration with respect to eight issues raised by the petitions. After evaluating public comments submitted in response to these reconsideration notices, we are taking final action regarding the eight issues raised in the petitions for reconsideration. EPA also re-opened the rule to consider comments relating to a post- promulgation decision of the United States Court of Appeals for the District of Columbia Circuit, and is responding in this proceeding to the comments received on that notice, published on September 27, 2007. As a result of this reconsideration process, we are revising the new source standard for particulate matter for cement kilns and for incinerators that burn hazardous waste. We are also making amendments to the particulate matter detection system provisions and revisions to the health-based compliance alternative for total chlorine of the final rule. Finally, we are also issuing several corrections and clarifications to the final rule.

The Director of the Office of Water and Watersheds, EPA Region 10, is publishing notice of the final National Pollutant Discharge Elimination System (NPDES) general permits (numbers AK-G70-0000 and AK- G70-1000) to provide Clean Water Act (33 U.S.C. 1251 et seq.) authorization for log transfer facilities (LTFs) operating in Alaska. General permit (GP) AK-G70-0000 (the ``Pre-1985'' GP) includes section 402 modifications to section 404 permits issued to LTFs prior to October 22, 1985, in accordance with section 407 of the Water Quality Act of 1987 (Pub. L. 100-4). All other LTFs can apply to be authorized to discharge under AK-G70-1000 (the ``Post-1985'' GP) if they meet eligibility requirements. The final Post-1985 GP is a reissuance of a previously issued LTF GP that became effective on March 21, 2000, and was subsequently modified on April 27, 2004 (69 FR 19417). The Post-1985 GP expired on March 21, 2005, and has been administratively extended since that time. The final Pre-1985 GP contains additional modifications to section 404 permits issued to LTFs prior to October 22, 1985. The modifications implemented by the Pre-1985 GP became effective as of April 27, 2004, and such modifications did not expire because the section 404 permits have no expiration date. Because EPA is using a section 402 permit to implement the section 404 permit modifications, the Pre-1985 GP will expire in accordance with 40 CFR 122.46(a). In the Pre-85 GP, if a facility meets the eligibility criteria, the facility timely submitted a new Notification at least 180 days prior to March 21, 2005, and unless LTF operations have materially changed since submission of that Notification, the operator of that facility is not required to submit a new Notification, but may: (i) Adopt the previously filed Notification in a written adoption letter to EPA and Alaska Department of Environmental Conservation (``ADEC'') no later than 90 days after the effective date of this permit; and (ii) in that adoption letter include the information required by subparagraphs D.4.d and D.4.e of Section IV. If a facility timely did not submit a Notification at least 180 days prior to March 21, 2005, written Notification must be submitted to EPA and ADEC within 90 days of the effective date of this general Permit. If a facility has not operated since March 7, 2000, and wishes to begin operations more than 90 days after the effective date of this Pre-85 permit, the facility must provide the Notification required by Section IV, to EPA and ADEC no later than 60 days prior to beginning discharges (see Parts I.A. and IV. of the Pre-85 GP). In the Post-85 GP, owners or operators of a new LTF seeking authorization to discharge under this general permit must submit a NOI to EPA and ADEC at least sixty (60) days prior to anticipated commencement of operation and discharge (see Part V.C). For an existing LTF, if a facility timely submitted an NOI under 40 CFR 122.6 at least 180 days prior to the expiration of the previously issued general permits and unless LTF operations have materially changed since submission of that NOI, the operator of that facility is not required to submit a new NOI, but may: (i) Adopt the previously filed NOI in a written adoption letter to EPA and ADEC no later than 60 days after the effective date of this permit; and (ii) in that adoption letter, include the information required by subparagraphs D.4.d. and D.4.e of Part V. (see Part V.C of the Post-85 GP). A fact sheet has been prepared which sets forth the principle factual, legal, policy, and scientific information considered in the development of the general permits. Both GPs contain a combination of technology-based requirements, best professional judgment and water quality-based effluent limits, standards, or conditions. EPA received comments on the GPs during the public comment period, and has prepared a Response to Comments to explain changes made in the permits based on the comments and reasons for not making changes.

Due to an adverse comment, EPA is withdrawing the direct final rule published September 16, 2008 (73 FR 53378), approving a revision to the State Implementation Plan (SIP) of the State of Florida. This revision granted the removal of Stage II vapor control requirements for new and upgraded gasoline dispensing facilities in Dade, Broward, and Palm Beach Counties (also referred to as the ``Southeast Florida Area'') and allowed the phase out of Stage II requirements for existing facilities in those counties. In addition, the revision included a SIP amendment to require new and upgraded gasoline dispensing facilities and new bulk gasoline plants statewide to employ Stage I vapor control systems, and required the phase in of Stage I vapor control requirements statewide for existing gasoline dispensing facilities. As stated in the direct final rule, if EPA received an adverse comment by October 16, 2008, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment on September 16, 2008. EPA will address the comment in a subsequent final action based upon the proposed action also published on September 16, 2008. EPA will not institute a second comment period on this action.