Environmental Protection Agency December 31, 2008 – Federal Register Recent Federal Regulation Documents

The Regional Administrator of the Environmental Protection Agency's (EPA) New England Regional Office is providing notice of availability of a preliminary determination that certain storm water discharges in the Long Creek watershed located in South Portland, Westbrook, Scarborough, and Portland, Maine will be required to obtain permit coverage under the National Pollutant Discharge Elimination System (NPDES) permits under the Clean Water Act. EPA is seeking public comment on the nature and scope of this preliminary residual designation. The period for comment on this preliminary residual designation will remain open until the close of the public comment period on any NPDES general or individual permit related to this preliminary residual designation. However, EPA strongly encourages interested parties to submit their comments within 45 days of the commencement of the comment period, after which EPA intends to review this preliminary residual designation and to decide whether to make any changes to it. It is EPA's intention to make a final residual designation following the close of the comment period on any associated NPDES permit. Copies of the preliminary residual designation are available for inspection online and in hardcopy as described elsewhere in this notice document.

On December 18, 2008, the Administrator issued an interpretive memorandum entitled ``EPA's Interpretation of Regulations That Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program.'' This memorandum clarifies the scope of the EPA regulation that determines the pollutants subject to the Federal PSD program under the Clean Air Act (Act). Under Title I, Part C of the Act, the PSD program preconstruction permit requirement applies to any new major stationary source or modified existing major stationary source of regulated air pollutants located in an area that is either attaining the National Ambient Air Quality Standards (NAAQS) or unclassifiable. Under the Federal PSD permitting regulations, only new or modified major sources that emit one or more ``regulated NSR pollutants,'' as that term is defined in the regulations, are subject to the requirements of the PSD program, including the requirement to install the best available control technology (BACT) for those regulated NSR pollutants that the facility has the potential to emit in significant amounts. This memorandum contains EPA's definitive interpretation of ``regulated NSR pollutant'' and is intended to resolve any ambiguity in the definition, which includes ``any pollutant that otherwise is subject to regulation under the Act.'' As of the date of the memorandum, EPA interprets this definition of ``regulated NSR pollutant'' to exclude pollutants for which EPA regulations only require monitoring or reporting but include all pollutants subject to a provision in the Act or regulation adopted by EPA under the Act that requires actual control of emissions of that pollutant.

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 the registration of certain products containing the pesticide fomesafen. The request would not terminate the last fomesafen products 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 the 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.

Under the Federal Advisory Committee Act, Public Law 92-463, EPA gives notice of a meeting of the Farm, Ranch, and Rural Communities Committee (FRRCC). The purpose of the FRRCC is to provide advice to the Administrator of EPA on environmental issues and programs that impact, or are of concern to, farms, ranches, and rural communities. The FRRCC is a part of EPA's efforts to expand cooperative working relationships with the agriculture industry and others who are interested in agricultural issues to achieve greater progress in environmental protection. The purpose of this teleconference is to discuss and approve the draft FRRCC recommendations on EPA's Draft Biofuels Strategy. A copy of the meeting agenda will be posted at https://www.epa.gov/ocemlfrrcc.