Environmental Protection Agency December 19, 2008 – Federal Register Recent Federal Regulation Documents

Carbofuran; Notice of Receipt of Request to Voluntarily Cancel Carbofuran Pesticide Registrations
Document Number: E8-30249
Type: Notice
Date: 2008-12-19
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 dated September 29, 2008 by the registrant to voluntarily cancel some registrations and amend other registrations to terminate uses of certain end-use products containing the pesticide carbofuran. The request would terminate flowable carbofuran use in or on alfalfa, cotton, ornamentals, popcorn, small grains (wheat, oats and barley) soybeans, sugarcane, sweet corn, and tobacco. The request would also terminate all carbofuran products registered under FIFRA section 24 Special Local Need Labels for use in or on corn (field), CRP acres, cucumbers, grapes, melons, ornamentals (container and field production), peppers (including Chiles and bell), sorghum, squash, sugar beets, sugarcane (soil applied), tobacco, and small grains (wheat, oats, and barley). The request would also terminate, subject to a two-year phase-out period, the use of flowable carbofuran as a post-plant application to artichokes. The request proposes to cancel the use of granular carbofuran on bananas, coffee, cucumbers, melons, and squash. The request would not terminate the last carbofuran products registered for use in the US.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E8-30210
Type: Notice
Date: 2008-12-19
Agency: Environmental Protection Agency
EPA does not object to the proposed project.
Environmental Impacts Statements; Notice of Availability
Document Number: E8-30208
Type: Notice
Date: 2008-12-19
Agency: Environmental Protection Agency
Delaware; Adequacy Status of the 2008 Reasonable Further Progress Plan for the Delaware Portion of the Philadelphia-Wilmington-Atlantic City 8-Hour Ozone Nonattainment Area Motor Vehicle Emission Budgets
Document Number: E8-30207
Type: Notice
Date: 2008-12-19
Agency: Environmental Protection Agency
In this notice, EPA is notifying the public that we have found that the Motor Vehicle Emissions Budgets (MVEBs) in the Reasonable Further Progress Plan (RFP) submitted as a State Implementation Plan (SIP) revision on June 13, 2007 by the Delaware Department of Natural Resources and Environmental Control (DNREC), are adequate for transportation conformity purposes. As a result of EPA's finding, the State of Delaware must use the MVEBs from the June 13, 2007 RFP Plan for future conformity determinations for the 8-hour ozone standard.
Pennsylvania; Adequacy Status of the 2008 Reasonable Further Progress Plan for the Pennsylvania Portion of the Philadelphia-Wilmington-Atlantic City 8-Hour Ozone Nonattainment Area Motor Vehicle Emission Budgets
Document Number: E8-30206
Type: Notice
Date: 2008-12-19
Agency: Environmental Protection Agency
In this notice, EPA is notifying the public that we have found that the Motor Vehicle Emissions Budgets (MVEBs) in the Reasonable Further Progress Plan (RFP) submitted as a State Implementation Plan (SIP) revision on August 29, 2007 by the Pennsylvania Department of Environmental Protection (PADEP), are adequate for transportation conformity purposes. As a result of EPA's finding, the Commonwealth of Pennsylvania must use the MVEBs from the August 29, 2007 RFP Plan for future conformity determinations for the 8-hour ozone standard.
Asbestos-Containing Materials in Schools; State Request for Waiver From Requirements
Document Number: E8-30201
Type: Notice
Date: 2008-12-19
Agency: Environmental Protection Agency
This action provides notice and an opportunity for public hearing, and solicits written comments on EPA's proposed waiver of the requirements of the Federal asbestos-in-schools program for the State of New Hampshire. A waiver request will be granted if EPA determines that the State of New Hampshire is implementing or intends to implement a state program of asbestos inspection and management that is at least as stringent as the federal program. This action provides notice and an opportunity for a public hearing, and solicits written comments on the waiver request submitted by the State of New Hampshire.
Brown & Bryant Superfund Site; Notice of Proposed CERCLA Administrative Settlement Agreement and Order on Consent
Document Number: E8-30200
Type: Notice
Date: 2008-12-19
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), the EPA is hereby providing notice of a proposed administrative settlement agreement and order on consent (``Settlement Agreement'') with Union Pacific Railroad Company and BNSF Railway Company (``the Respondents'') concerning the Brown & Bryant Superfund Site in Arvin, California (``Site''). Section 122(h) of CERCLA, 42 U.S.C. 9622(h), provides EPA with the authority to enter into administrative settlements for claims for costs incurred by EPA under CERCLA. The Settlement Agreement resolves certain claims under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607. Under the Settlement Agreement, each Respondent will pay EPA $492,500, for a total of $985,000 (``Settled Response Costs''). Respondents are jointly and severally liable for the total amount due under the Settlement Agreement. The Settled Response Costs will be deposited in the Brown & Bryant Superfund Site Special Account within the EPA Hazardous Substance Superfund. EPA will use all Settled Response Costs in the Brown & Bryant Superfund Site Special Account to relocate Arvin City Well 1, as the first phase of the remedy selected in the Record of Decision issued on September 30, 2007. If any portion of the Settled Response Costs remains in the Brown & Bryant Superfund Site Special Account after full implementation of this work, EPA will, after consultation with the Respondents, apply such funds for other response costs at or in connection with the Site. In the event that there are no additional costs at the Site to which the funds can be applied, EPA may transfer the funds to the EPA Hazardous Substance Superfund. The Settlement Agreement may be examined at the following EPA Web site: https://www.epa.gov/region09/brown&bryant. The Settlement Agreement also may be examined at the U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, Office of Regional Counsel, San Francisco, California 94105, and also at the public information repository located at the Kern County Library, Arvin Branch, 201 Campus Drive, Arvin, California 93203. A paper or electronic copy of the Settlement Agreement may also be obtained from Joshua Wirtschafter, who can be contacted by mail at U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street (mail code ORC-3), San Francisco, California 94105-3901, by telephone at (415) 972-3912, by fax at (415) 947-3570, or by e-mail at Wirtschafter.Joshua@epa.gov.
National Ambient Air Quality Standards for Lead
Document Number: E8-30199
Type: Rule
Date: 2008-12-19
Agency: Environmental Protection Agency
The EPA issued a final rule on November 12, 2008 (effective date January 12, 2009) that revised the National Ambient Air Quality Standard (NAAQS) for lead (Pb) and associated monitoring requirements. This document makes a minor correction to the November 12, 2008, action to correct a typographical error in the regulatory text for the rule.
Draft Integrated Science Assessment for Particulate Matter
Document Number: E8-30197
Type: Notice
Date: 2008-12-19
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is announcing the availability of its ``First External Review Draft Integrated Science Assessment for Particulate Matter'' (EPA/600/R-08/139 and EPA/ 600/R-08/139A). The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA(s Office of Research and Development as part of the review of the national ambient air quality standards (NAAQS) for particulate matter. EPA is releasing this draft document to seek review by the Clean Air Scientific Advisory Committee (CASAC) and the public (meeting date and location to be specified in a separate Federal Register notice). The draft document does not represent, and should not be construed to represent, any final EPA policy, viewpoint, or determination. EPA will consider any public comments submitted in response to this notice when revising the document.
National Advisory Council for Environmental Policy and Technology
Document Number: E8-30087
Type: Notice
Date: 2008-12-19
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to the National Advisory Council for Environmental Policy and Technology (NACEPT). It is anticipated that vacancies will be filled by late spring 2009. Additional sources may be utilized in the solicitation of nominees. Background: NACEPT is a federal advisory committee chartered under the Federal Advisory Committee Act (FACA), Public Law 92463. EPA established NACEPT in 1988 to provide independent advice to the EPA Administrator on a broad range of environmental policy, technology and management issues. Members serve as representatives from academia, industry, non-governmental organizations, and state, local, and tribal governments. Members are appointed by the EPA Administrator for two year terms with the possibility of reappointment. The Council usually meets 3 times annually and the average workload for the members is approximately 10 to 15 hours per month. Members serve on the Council in a voluntary capacity. However, EPA provides reimbursement for travel expenses associated with official government business. EPA is seeking nominations from all sectors, including academia, industry, non- governmental organizations, and state, local and tribal governments. Nominees will be considered according to the mandates of FACA, which requires committees to maintain diversity across a broad range of constituencies, sectors, and groups. The following criteria will be used to evaluate nominees: Extensive professional knowledge of environmental policy, management, and technology issues. Demonstrated ability to examine and analyze environmental issues with objectivity and integrity. Senior-level experience that fills a current need on the Council. Excellent interpersonal, oral and written communication, and consensus-building skills. Ability to volunteer approximately 10 to 15 hours per month to the Council's activities, including participation on teleconference meetings and preparation of text for Council reports and advice letters.
Registration Review; 2-((hydroxymethyl)-amino)ethanol Docket Opened for Review and Comment
Document Number: E8-30015
Type: Notice
Date: 2008-12-19
Agency: Environmental Protection Agency
EPA has established a registration review docket for the pesticide, 2-((hydroxymethyl)-amino)ethanol. With this document, EPA is opening the public comment period for this registration review. 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, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. 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.
Registration Review; 3H-1,2-Dithiol-3-one, 4,5-dichloro Docket Opened for Review and Comment
Document Number: E8-30012
Type: Notice
Date: 2008-12-19
Agency: Environmental Protection Agency
EPA has established registration review dockets for the pesticide listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. 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, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. 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.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions
Document Number: E8-29998
Type: Rule
Date: 2008-12-19
Agency: Environmental Protection Agency
The EPA is finalizing revisions to the December 31, 2002 New Source Review (NSR) Improvement rules to change the requirements of the major NSR programs regarding the treatment of fugitive emissions. Specifically, this final rule requires that fugitive emissions be included in determining whether a physical or operational change results in a major modification only for sources in the source categories that have been designated through rulemaking pursuant to section 302(j) of the Clean Air Act (Act). Also, this action elaborates on guiding principles for determining fugitive emissions for purposes of NSR and title V permitting.
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Document Number: E8-29961
Type: Proposed Rule
Date: 2008-12-19
Agency: Environmental Protection Agency
The United States Environmental Protection Agency (EPA) Region 2 Office announces its intent to delete specific properties of the former Griffiss Air Force Base (GAFB) site located in Rome, New York, from the National Priorities List (NPL) and requests public comment on this proposed action. The NPL constitutes Appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as amended. The entire GAFB Site, approximately 3,552 acres, includes 32 areas of concern located on property currently or formerly owned by the United States Department of Defense. EPA and the State of New York, through the New York State Department of Environmental Conservation (NYSDEC), have determined that for the specified areas identified in this Notice of Intent for Partial Deletion (NOIPD), all appropriate response actions pursuant to CERCLA have been implemented and, aside from monitoring, operations, maintenance, and Five-Year Reviews, no further response actions, pursuant to CERCLA, are appropriate. Moreover, EPA and NYSDEC have determined that the specified properties at the GAFB Site (i.e., the soil and groundwater beneath) either pose no significant threat to public health or the environment or all appropriate response actions have been implemented, and therefore this NOIPD may proceed. The NOIPD is only for those properties specified herein and does not include other properties located at the GAFB Site.
Expansion of RCRA Comparable Fuel Exclusion
Document Number: E8-29956
Type: Rule
Date: 2008-12-19
Agency: Environmental Protection Agency
This final action adds a new exclusion to the rules implementing subtitle C of the Resource Conservation and Recovery Act (RCRA). The rule already provides exclusions for comparable fuels and synthesis gas. These fuels are energy-rich hazardous secondary materials which would otherwise be hazardous wastes, but which have the same hazardous constituent concentrations as fossil fuels that would be burned in their place. EPA is establishing a new category of excluded fuel that has its own set of conditions, some of which overlap with the comparable fuels exclusion. These newly excluded hazardous secondary materials are called ``emission-comparable fuel'' (ECF). ECF is a hazardous secondary material that, when generated, is handled in such a way that it is not discarded in any phase of management, but rather is handled as a valuable commodity. ECF meets all of the hazardous constituent specifications (over 160) for comparable fuel, with the exception of those for oxygenates and hydrocarbons (constituents which contribute energy value to the fuel). The rule specifies conditions on burning ECF which assure that emissions from industrial boilers burning ECF are comparable to emissions from industrial boilers burning fuel oil. The ECF exclusion also includes conditions for tanks and containers storing ECF to assure that discard does not occur.