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

This regulation establishes tolerances for residues of ipconazole from seed treatment in or on cotton, peanut, soybean, dry shelled pea and bean (Subgroup 6C), cereal grains (Group 15) except rice, and forage, fodder, and straw of cereal grains (Group 16) except rice. Chemtura Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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 withdrawing the proposed rule to approve a redesignation request and a maintenance plan State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. In a proposed rule published on July 11, 2007, EPA proposed to approve a request that the Pittsburgh-Beaver Valley, Pennsylvania, ozone nonattainment area (the Pittsburgh Area) be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS) that was promulgated on July 18, 1997. In conjunction with the proposed action on the redesignation request, we also proposed to approve a maintenance plan for the Pittsburgh Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation, and, to approve a 2002 base year inventory for the Pittsburgh Area. On May 29, 2008, the Pennsylvania Department of Environmental Protection (PADEP) submitted a letter to formally withdraw the redesignation request and the maintenance plan SIP revision.

This document announces the Office of Management and Budget's (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. This revision consists of amendments to the Commonwealth of Virginia's ambient air quality standards for particulate matter. This action is being taken under the Clean Air Act (CAA).

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.

EPA expressed environmental concerns about wildfire analysis, potential unauthorized public vehicle use, and water quality impacts from grazing. EPA recommends that the final EIS include assurances that appropriate subsequent treatments will be conducted to maintain the decreases in fire risk. Also, the final EIS should consider increasing riparian plantings and enclosures and modifying project design elements for road closure/decommissioning enforcement and monitoring. Rating EC2.

EPA previously announced the opportunity for public hearing and written comment on the California Air Resources Board's request for an authorization of its regulations for fleets that operate nonroad, diesel fueled equipment with engines 25 horsepower (hp) and greater and that require such fleets to meet fleet average emissions standards for oxides of nitrogen and particulate matter, or, alternatively, to comply with best available control technology requirements for the vehicles in those fleets. This previous announcement occurred on October 7, 2008, at 72 FR 58385. By this notice EPA is announcing an extension of the written comment period from November 28, 2008 to December 19, 2008.

This notice announces the Agency's receipt of several initial filings of pesticide petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

In this action, EPA is proposing to make a minor correction to the Stage 2 Disinfectants and Disinfection Byproducts Rule (DBPR) and make minor, unrelated, changes in references to expedited, alternative methods and other analytical methods in the regulations. EPA promulgated the Stage 2 Disinfectants and Disinfectant Byproducts Rule on January 4, 2006. A requirement for ground water systems serving 500- 9,999 people was unintentionally excluded from the final rule. As a result, the rule allowed for less routine compliance monitoring than intended for this category of Public Water Systems (PWSs). These PWSs should have been required to monitor for both total trihalomethanes (TTHM) and haloacetic acids (HAA5) concentrations at two locations. Due to the error, they were only required to monitor for either TTHM or HAA5 at two locations. EPA is also proposing to make minor, unrelated changes in the CFR by adding references to the list of methods approved under the Expedited Approval Process, removing references to outdated methods, and specifying a new source for the publication titled Technical Notes on Drinking Water Methods.

This regulation establishes a tolerance for residues of tetraconazole in or on grape. Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is taking final action to stay the effectiveness of a control measure regulating dust emissions from certain operations that we promulgated in our Federal Implementation Plan for the Four Corners Power Plant located on the Navajo Nation. The control measure would take effect on November 5, 2008. On October 1, 2007, Arizona Public Service Company filed a Petition for Review claiming, inter alia, that EPA had not provided an adequate explanation for promulgating the control measure. In the litigation, EPA has agreed that the control measure should be remanded and vacated. EPA needs to complete this action staying the effectiveness of the control measure until the Court rules on the Petition, including the Petitioner's and EPA's requests to remand and vacate the control measure.

This regulation establishes a time-limited tolerance for combined residues of the insecticide avermectin B1 and its delta-8,9-isomer in or on bean, lima, seed. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on large lima beans. This regulation establishes a maximum permissible level for residues of avermectin in this food commodity. The time-limited tolerance expires and is revoked on December 31, 2010.

Some of the federal and tribal aquaculture facilities proposed to be covered under this general permit have expired individual NPDES permits; others have never been issued such a permit. The Director, Office of Water and Watersheds, EPA Region 10, proposes to issue a general permit to cover Federal aquaculture facilities and aquaculture facilities in Indian country, as defined in 18 U.S.C. 1151, within the State of Washington.

This notice announces the availability of EPA's Reregistration Eligibility Decisions (REDs) for the pesticides acrolein, d-phenothrin, and sulfometuron methyl, and opens a public comment period on this document. The Agency's risk assessments and other related documents also are available in the acrolein, d-phenothrin, and sulfometuron methyl Dockets. Acrolein is a biocide used as a herbicide in irrigation canals and as an antimicrobial agent for drilling muds in the petroleum industry. d-Phenothrin is a synthetic pyrethroid with indoor uses in foggers, carpet powders, crack and crevice treatments, and pet care products and outdoor uses as a mosquito adulticide. Sulfometuron methyl is a non-selective sulfonylurea herbicide primarily used for weed control in forestry and vegetative management. Neither acrolein, d- phenothrin, or sulfometuron methyl have any food uses. EPA has reviewed acrolein, d-phenothrin, and sulfometuron methyl through the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

This notice announces the Agency's receipt of several initial filing of pesticide petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities

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 agreement under the authority of section 122(h) of CERCLA, 42 U.S.C. 9622(h), for recovery of response costs concerning the Triangle Park Removal Action Area within the Portland Harbor Superfund Site with Triangle Park LLC (``Settling Party''). The settlement requires the Settling Party to pay $1,200,000 to the Triangle Park Removal Action Area Trust Fund (``TP Trust Fund'') to be used to pay for the cleanup, and includes a covenant not to sue the Settling Party pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). The TP Trust Fund will be established pursuant to an existing Bona Fide Prospective Purchaser Agreement between the University of Portland (``University'') and EPA (``BFPP Agreement''). In the BFPP Agreement, the University agreed to conduct removal action on the Triangle Park property (``Property'') once the University completed the purchase of the Property. The University of Portland has entered into an agreement with Triangle Park LLC to purchase the Property. By acquiring the Property, the University intends to enlarge its campus so that it can continue to expand and pursue its educational and service mission by relocating certain athletic facilities, freeing up its existing land for academic buildings. The University's plan includes public access to the Property, recreational opportunities, including a planned riverfront trail. 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.

This action supplements the proposed amendments to the national emission standards for petroleum refineries (Refinery MACT 1) published on September 4, 2007. The 2007 proposal, in part, sets forth proposed maximum achievable control technology and residual risk requirements for cooling towers and proposed residual risk and technology review requirements for storage tanks. This supplemental proposal contains new proposed requirements for cooling towers, a new option for storage vessels, and clarifications and corrections to definitions, tables, and regulatory citations.

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 for recovery of past costs concerning the Chase Brass & Copper Superfund Site in Watertown, Connecticut with the following settling party: City of Waterbury, Connecticut. The settlement requires the settling party to pay $75,000 to the Hazardous Substance Superfund. The settlement includes a covenant not to sue for the settling party 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 Agency's response to any comments received will be available for public inspection at One Congress Street, Boston, MA 02114-2023.

EPA is taking direct final action on the National Volatile Organic Compound Emission Standards for Aerosol Coatings, which establishes national reactivity-based emission standards for the aerosol coatings category (aerosol spray paints) under the Clean Air Act (CAA). In this direct final action, EPA is moving the applicability and compliance dates for aerosol coatings from January 1, 2009, to July 1, 2009. EPA is also making initial notifications required due on the compliance date, as opposed to 90 days in advance of the compliance date.

Under the Clean Air Act, EPA is taking direct final action to approve a revision to the Clark County portion of the Nevada State Implementation Plan (SIP). This revision consists of transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. The intended effect is to include the transportation conformity criteria and procedures in the applicable SIP.

On October 31, 2008, the Regional Administrator for the Environmental Protection Agency, Region 10 (EPA), approved the application by the State of Alaska to administer and enforce an Alaska version of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to section 402 of the Clean Water Act (CWA or ``the Act''). The State will administer the approved Alaska Pollutant Discharge Elimination System (APDES) program through the Alaska Department of Environmental Conservation (ADEC) regulating discharges of pollutants into waters of the United States under its jurisdiction. EPA has approved the State's implementation plan that transfers the administration of specific program components from EPA to the State over a three year period from the date of program approval, subject to continuing EPA oversight and enforcement authority, in place of the NPDES program previously administered by EPA in Alaska. Upon approval of the Alaska program, the Regional Administrator notified the State, signed the Memorandum of Agreement between EPA and ADEC, and will suspend issuance of NPDES permits in Alaska in accordance with the State's approved schedule to transfer NPDES program authority. EPA retains NPDES permitting authority and primary enforcement responsibility for: the bio-solids program; facilities operating in the Denali National Park and Preserve pursuant to Alaska Statehood Act Section 11; facilities discharging in Indian Country as defined in 18 U.S.C. 1151; facilities operating outside state waters (three miles offshore); and facilities with CWA section 301(h) waivers. This approval includes an implementation plan that transfers the administration of specific program components from EPA to the State over a three year period from the date of program approval. In making its decision, EPA considered and addressed the comments and issues raised during the public comment period, public testimony at three public hearings, and comments expressed by tribes during the requested government-to-government tribal consultations.

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.