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

National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances; Notice of Public Meeting
Document Number: E8-26034
Type: Notice
Date: 2008-10-31
Agency: Environmental Protection Agency
A meeting of the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) will be held on December 3-5, 2008, in San Diego, CA. At this meeting, the NAC/AEGL Committee will address, as time permits, the various aspects of the acute toxicity and the development of Acute Exposure Guideline Levels (AEGLs) for the following chemicals: Acrylonitrile, allyl alcohol, aluminum chloride, antimony pentafluoride, bromoacetone, dichlorodimethyl silane, dichlorvos, dicrotophos, fenamiphos, malathion, methyl iodide, methyl trichlorosilane, mevinphos, nitrogen trifluoride, phosphorus pentafluoride, ricin, tear gas, tetrachloroethylene, and trimethylchlorosilane.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E8-26031
Type: Notice
Date: 2008-10-31
Agency: Environmental Protection Agency
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.
Environmental Impacts Statements; Notice of Availability
Document Number: E8-26028
Type: Notice
Date: 2008-10-31
Agency: Environmental Protection Agency
Toxic Substances Control Act Inventory Status of Carbon Nanotubes
Document Number: E8-26026
Type: Notice
Date: 2008-10-31
Agency: Environmental Protection Agency
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.
Starmet CMI Superfund Site, Barnwell, Barnwell County, SC; Notice of Settlement
Document Number: E8-26019
Type: Notice
Date: 2008-10-31
Agency: Environmental Protection Agency
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 Starmet CMI Superfund Site located in Barnwell, Barnwell County, South Carolina for publication.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting Requirements Under EPA's Green Power Partnership and Combined Heat and Power (CHP) Partnership, ICR Number 2173.02 (Renewal), OMB Control No. 2060-0578
Document Number: E8-26017
Type: Notice
Date: 2008-10-31
Agency: Environmental Protection Agency
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.
Camp Branch Road Mercury Site Waynesville, Haywood County, NC; Notice of Settlement
Document Number: E8-26008
Type: Notice
Date: 2008-10-31
Agency: Environmental Protection Agency
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 past cost concerning the Camp Branch Road Mercury Superfund Site located in Waynesville, Haywood County, North Carolina for publication.
California State Nonroad Engine Pollution Control Standards; California Nonroad Compression Ignition Engines; Within-the-Scope Request; Opportunity for Public Hearing; Correction of Docket Number
Document Number: E8-25793
Type: Notice
Date: 2008-10-31
Agency: Environmental Protection Agency
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.
Clean Air Act Operating Permit Program; Decision on Reconsideration of Petition to Object to Title V Permit for Reliant Portland Generating Station, Upper Mount Bethel Township, Northampton County, PA
Document Number: E8-25910
Type: Notice
Date: 2008-10-30
Agency: Environmental Protection Agency
Pursuant to the Clean Air Act (CAA), the EPA Administrator signed an order, dated June 20, 2007, denying a petition to object to a state operating permit proposed to be issued by the Pennsylvania Department of Environmental Protection (PADEP) to Reliant Energy Mid- Atlantic Power Holdings, LLC, for its Portland Generating Station in Northampton County, Pennsylvania. On September 24, 2008, the Administrator signed a letter denying the request of the petitioner, the New Jersey Department of Environmental Protection (NJDEP), that EPA reconsider the June 20, 2007 Order.
Approval of a Petition for Exemption From Hazardous Waste Disposal Injection Restrictions to AK Steel Corporation, Middletown, OH
Document Number: E8-25909
Type: Notice
Date: 2008-10-30
Agency: Environmental Protection Agency
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.
Child-Specific Exposure Factors Handbook
Document Number: E8-25908
Type: Notice
Date: 2008-10-30
Agency: Environmental Protection Agency
EPA is announcing the availability of a final report titled, ``Child-Specific Exposure Factors Handbook'' (EPA/600/R-06/096F), which was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development (ORD). This report updates a 2002 interim final version of the handbook. It provides updated information on various physiological and behavioral factors used in assessing children's exposure to environmental contaminants. These factors include: Water ingestion; soil ingestion and non-dietary factors; inhalation rates; dermal factors including skin surface area and soil adherence factors; consumption of retail and home-grown foods; breast milk intake; body weight; activity pattern data; and consumer product use. This updated version also provides analysis of exposure factors data using the age groups for children as recommended in the 2005 EPA Risk Assessment Forum report document titled, ``Guidance on Selecting Age Groups for Monitoring and Assessing Childhood Exposures to Environmental Contaminants'' (71 FR 6775, February 9, 2006).
Electronic Report on the Environment
Document Number: E8-25907
Type: Notice
Date: 2008-10-30
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Emission Reductions From Large Stationary Internal Combustion Engines and Large Cement Kilns
Document Number: E8-25668
Type: Rule
Date: 2008-10-30
Agency: Environmental Protection Agency
EPA is approving State Implementation Plan (SIP) revisions submitted by the Virginia Department of Environmental Quality (VADEQ). These revisions require nitrogen oxides (NOX) emission reductions from four large stationary internal combustion (IC) engines and a large cement kiln located in the Commonwealth of Virginia. The intended effect of this action is to approve permitted emission limits that enable Virginia to meet its remaining NOX reduction obligations under the NOX SIP Call.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Revised Motor Vehicle Emission Budgets for the Parkersburg 8-Hour Ozone Maintenance Area
Document Number: E8-25662
Type: Rule
Date: 2008-10-30
Agency: Environmental Protection Agency
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).
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Revised Motor Vehicle Emission Budgets for the Parkersburg 8-Hour Ozone Maintenance Area
Document Number: E8-25660
Type: Proposed Rule
Date: 2008-10-30
Agency: Environmental Protection Agency
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of West Virginia for the purpose of amending 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. In the Final Rules section of this Federal Register, EPA is approving the State'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.
Revisions to the Definition of Solid Waste
Document Number: E8-24399
Type: Rule
Date: 2008-10-30
Agency: Environmental Protection Agency
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.
Nicotine; Notice of Receipt of Request to Voluntarily Cancel a Pesticide Registration
Document Number: E8-25831
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
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 a request by the registrant to voluntarily cancel its registration for a product containing the pesticide nicotine. The request would terminate nicotine use on greenhouse-grown ornamentals. The request would terminate the last nicotine product registered for use in the United States. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws its request within this period. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order.
Triclosan; Reregistration Eligibility Decision; Notice of Availability
Document Number: E8-25829
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
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.
Draft Toxicological Review of Tetrachloroethylene (Perchloroethylene): In Support of the Summary Information in the Integrated Risk Information System (IRIS); Correction
Document Number: E8-25805
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
EPA announced on October 16, 2008 (73 FR 61416), that the National Academy of Sciences (NAS) will convene an independent panel of experts and organize and conduct a review of the draft document titled, ``Toxicological Review of Tetrachloroethylene (Perchloroethylene): In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-08/011A). The document contained an incorrect meeting location.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Metal Coil Surface Coating, EPA ICR Number 0660.10, OMB Control Number 2060-0107
Document Number: E8-25804
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Coke Oven Batteries (Renewal), EPA ICR Number 1362.08, OMB Control Number 2060-0253
Document Number: E8-25803
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
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.
Carbaryl; Order Denying NRDC's Petition to Revoke Tolerances
Document Number: E8-25693
Type: Rule
Date: 2008-10-29
Agency: Environmental Protection Agency
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).
Pyrimethanil; Pesticide Tolerances
Document Number: E8-25676
Type: Rule
Date: 2008-10-29
Agency: Environmental Protection Agency
This regulation amends the tolerances in the 40 CFR 180.518 for residues of the fungicide, pyrimethanil, 4,6-dimethyl-N-phenyl-2- pyrimidinamine, in or on pome fruit crop group 11, establishes tolerances for the residues of pyrimethanil in or on apple wet pomace, and amends the tolerances for residues of pyrimethanil and its metabolites in or on milk, kidney of cattle, goat, horse and sheep. Pace International, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Ethylene Oxide; Preliminary Determination to Terminate Special Review
Document Number: E8-25674
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Movement of Richmond and Hampton Roads 8-Hour Ozone Areas From the Nonattainment Area List to the Maintenance Area List
Document Number: E8-25673
Type: Rule
Date: 2008-10-29
Agency: Environmental Protection Agency
EPA is taking direct final action to approve a revision to the Virginia State Implementation Plan (SIP). This revision moves the Richmond and Hampton Roads 8-Hour Ozone Nonattainment Areas from the nonattainment areas list to the maintenance areas list. EPA is approving this revision to move the Richmond and Hampton Roads 8-Hour Ozone Nonattainment Areas from the list of nonattainment areas to the list of maintenance areas in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Movement of Richmond and Hampton Roads 8-Hour Ozone Areas From the Nonattainment Area List to the Maintenance Area List
Document Number: E8-25671
Type: Proposed Rule
Date: 2008-10-29
Agency: Environmental Protection Agency
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.
Sulfluramid Registration Review Final Decision; Notice of Availability
Document Number: E8-25667
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
This notice announces the availability of EPA's final registration review decision for the pesticide case sulfluramid. 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, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. 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).
Pesticide Management and Disposal; Standards for Pesticide Containers and Containment
Document Number: E8-25665
Type: Rule
Date: 2008-10-29
Agency: Environmental Protection Agency
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.''
Carbaryl RED Amendment and Response to Petition to Cancel Registrations; Notice of Availability
Document Number: E8-25664
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
This notice announces the availability of an amendment to EPA's Reregistration Eligibility Decision (RED) for Carbaryl, and EPA's response to a petition from the Natural Resources Defense Council (NRDC), insofar as the petition seeks to have EPA cancel all registrations for carbaryl. In the carbaryl RED amendment, EPA is modifying certain worker risk mitigation measures that were imposed as a result of the 2004 Interim RED for the pesticide carbaryl. EPA is amending the carbaryl RED to incorporate the revised occupational exposure and risk assessment for carbaryl. EPA reevaluated the carbaryl risk assessments and regulatory decision in response to public comments received from numerous parties, new data submitted by the technical registrant, Bayer CropSciences, and new science and new methodologies developed in the time between the completion of the Interim RED for carbaryl and the completion of the cumulative risk assessment for the N-methyl carbamate group of pesticides. This notice also announces the availability of EPA's response to a petition from NRDC insofar as it seeks to have EPA cancel all uses of carbaryl under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Elsewhere in today's Federal Register, EPA is publishing its response to NRDC's petition insofar as it seeks to have EPA revoke all tolerances for carbaryl under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Approval and Promulgation of Air Quality Implementation Plans; Illinois
Document Number: E8-25659
Type: Proposed Rule
Date: 2008-10-29
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Air Quality Implementation Plans; Illinois
Document Number: E8-25657
Type: Rule
Date: 2008-10-29
Agency: Environmental Protection Agency
EPA is approving 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 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.
Texas: Final Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program
Document Number: E8-25589
Type: Rule
Date: 2008-10-29
Agency: Environmental Protection Agency
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.
Texas: Final Authorization of State-Initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program
Document Number: E8-25587
Type: Proposed Rule
Date: 2008-10-29
Agency: Environmental Protection Agency
During a review of Texas' regulations, EPA identified a variety of State-initiated changes to Texas' hazardous waste program under the Resource Conservation and Recovery Act, as amended (RCRA), for which the State had not previously sought authorization. EPA proposes to authorize the State for the program changes. In addition, EPA proposes to codify in the regulations entitled ``Approved State Hazardous Waste Management Programs'', Texas' authorized hazardous waste program. EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that EPA will enforce under RCRA. In the ``Rules and Regulations'' section of this Federal Register, the EPA is authorizing the changes to the Texas program, and codifying and incorporating by reference the State's hazardous waste program as an immediate final rule. 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 authorization and incorporation by reference in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization and 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.
Notice of Receipt of Requests for Amendments to Delete Uses in Certain Pesticide Registrations
Document Number: E8-25517
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
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.
Pesticide Products; Registration Applications
Document Number: E8-25515
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
This notice announces receipt of applications to register pesticide products containing new active ingredients 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.
Pesticide Product Registration Approval
Document Number: E8-25408
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
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.
Pesticide Products; Registration Applications
Document Number: E8-25406
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
This notice announces receipt of applications to register pesticide products containing new active ingredients 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.
Pesticide Product Registration; Conditional Approval
Document Number: E8-25314
Type: Notice
Date: 2008-10-29
Agency: Environmental Protection Agency
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.
EPA Office of Children's Health Protection and Environmental Education Staff Office; Request for Nominations of Candidates for the National Environmental Education Advisory Council
Document Number: E8-25687
Type: Notice
Date: 2008-10-28
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA or Agency) Office of Children's Health Protection and Environmental Education Staff Office is soliciting applications of environmental education professionals for consideration on the National Environmental Education Advisory Council (NEEAC). There are currently two vacancies on the Advisory Council that must be filled: one State Department of Education (2009-2012); one Primary and Secondary Education (2009-2012). Additional avenues and resources may be utilized in the solicitation of applications.
Idaho: Proposed Authorization of State Hazardous Waste Management Program Revision Extension of Comment Period
Document Number: E8-25685
Type: Proposed Rule
Date: 2008-10-28
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Reporting Requirements Under EPA's Climate Leaders Partnership (Renewal); EPA ICR No. 2100.03, OMB Control No. 2060-0532
Document Number: E8-25679
Type: Notice
Date: 2008-10-28
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Tribal Capacity: Determining the Capability To Participate in the National Environmental Information Exchange Network; EPA ICR No. 2299.01, OMB Control No. 2025-New
Document Number: E8-25677
Type: Notice
Date: 2008-10-28
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Ambient Air Quality Standards
Document Number: E8-25655
Type: Proposed Rule
Date: 2008-10-28
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of West Virginia. This revision pertains to establishing ambient air quality standards for sulfur oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide, and lead equivalent to the national primary and secondary ambient air quality standards. This action is being taken under the Clean Air Act (CAA).
New Mexico: Incorporation by Reference of State Hazardous Waste Management Program
Document Number: E8-25535
Type: Proposed Rule
Date: 2008-10-28
Agency: Environmental Protection Agency
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.
New Mexico: Incorporation by Reference of Approved State Hazardous Waste Management Program
Document Number: E8-25533
Type: Rule
Date: 2008-10-28
Agency: Environmental Protection Agency
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 New Mexico's hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.
NESHAP: National Emission Standards for Hazardous Air Pollutants: Standards for Hazardous Waste Combustors: Reconsideration
Document Number: E8-25166
Type: Rule
Date: 2008-10-28
Agency: Environmental Protection Agency
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.
Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act
Document Number: E8-25581
Type: Notice
Date: 2008-10-27
Agency: Environmental Protection Agency
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 concerning the R&H Oil/Tropicana Superfund Site in San Antonio, Bexar County, Texas. The settlement requires the four (4) settling parties to pay a total of $5,271.47 as payment of response costs to the Hazardous Substances Superfund. The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 42, U.S.C. 9606 and 9607. The settlement amount for each party is a reduced amount based on ability-to-pay analyses. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to this notice and 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 1445 Ross Avenue, Dallas, Texas 75202-2733.
Reissuance of NPDES General Permits (GPs) for Log Transfer Facilities in Alaska; One GP Covers Log Transfer Facilities in Alaska that Received a Section 404 Permit Prior to October 22, 1985 (Permit Number AK-G70-0000); and Another GP for Other Log Transfer Facilities in Alaska that Meet Eligibility Requirements (Permit Number AK-G70-1000)
Document Number: E8-25577
Type: Notice
Date: 2008-10-27
Agency: Environmental Protection Agency
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.
Notice of Data Availability: The Toxicity of Selenium to Aquatic Life as Related to Developing a Recommended Aquatic Life Criterion
Document Number: E8-25519
Type: Notice
Date: 2008-10-27
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) announces the availability of a technical report titled ``Effect of Selenium on Juvenile Bluegill Sunfish at Reduced Temperature.'' It describes the results from testing the toxicity of selenium to juvenile bluegill sunfish under winter temperature conditions. EPA is also making available a list of ``References for Selenium Chronic Toxicity Data Obtained Since 2004'', indicating other information that EPA has recently obtained. EPA may use the information announced here in the derivation of a selenium water quality criterion for protection of aquatic life.
Approval and Promulgation of Implementation Plans; Florida; Removal of Gasoline Vapor Recovery From Southeast Florida Areas; Withdrawal of Direct Final Rule
Document Number: E8-25473
Type: Rule
Date: 2008-10-27
Agency: Environmental Protection Agency
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.
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