Environmental Protection Agency 2008 – Federal Register Recent Federal Regulation Documents

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Protection of Stratospheric Ozone: Notice of Data Availability; Information Concerning the Destruction of Ozone-Depleting Substances in the United States
Document Number: E8-16384
Type: Notice
Date: 2008-07-17
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is making available to the public information concerning the destruction of controlled ozone-depleting substances (ODSs) in the United States. As a Party to the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) and consistent with the requirements of the Clean Air Act (CAA) as amended in 1990, the United States regulates the destruction of ODSs in a manner that prevents (or minimizes) emissions of the substances into the atmosphere, where they deplete the stratospheric ozone layer. Regulations governing the destruction of ODSs in the United States are contained in 40 CFR part 82, subpart A, and include seven permitted destruction technologies, required destruction efficiency, and associated recordkeeping and reporting requirements. In addition to the stratospheric ozone protection regulations under the CAA, a number of other regulations also govern the destruction of ODSs in the United States including, but not limited to, regulations promulgated under the Resource Conservation and Recovery Act (RCRA). Today, EPA is making available the draft report Destruction of Ozone-Depleting Substances in the United States, prepared by ICF International. The report analyzes ODS destruction practices in the United States and includes data on the types and quantities of ODSs destroyed in the United States in previous years, estimates of future destruction trends, and a review of technologies currently being employed to destroy ODSs. Because EPA plans to use the technical information when developing regulations, EPA wants to provide the public with an opportunity to review the information and submit comments. Specifically, EPA requests comments on the report's characterization of current destruction practices and its estimates of types and quantities of controlled substances available in the future for destruction in the United States. EPA will only consider comments about the information presented in Destruction of Ozone-Depleting Substances in the United States and is not soliciting comments on any other topic.
National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)
Document Number: E8-16320
Type: Rule
Date: 2008-07-17
Agency: Environmental Protection Agency
EPA published proposed and direct final rule amendments on April 23, 2008, of the national emission standards for hazardous air pollutants for organic liquids distribution (non-gasoline), which EPA promulgated on February 3, 2004, and amended on July 28, 2006. Because adverse comments were received on two of the April 23, 2008, proposed and direct final rule amendments, EPA is withdrawing the two corresponding regulatory amendments in the direct final rule before they become effective on July 22, 2008. The other regulatory amendments discussed in the direct final rule, for which we did not receive any adverse comments, will become effective on July 22, 2008, as we stated in that notice. In addition, in this action EPA is promulgating final rule amendments regarding the provisions that were commented upon and withdrawn, and responds to the adverse comments we received. Additionally we are correcting typographical errors that we have identified in other sections of the rule text that were not addressed in the April 23, 2008, notices.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Amendments to the Control of Volatile Organic Compound Emissions From Portable Fuel Containers
Document Number: E8-16021
Type: Rule
Date: 2008-07-17
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Maryland. This revision establishes and requires the control of emissions of volatile organic compounds (VOCs) portable fuel containers. EPA is approving this SIP revision in accordance with the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Texas; Control of Air Pollution from Volatile Organic Compounds
Document Number: E8-15729
Type: Rule
Date: 2008-07-17
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Texas. This revision, adopted by Texas on November 15, 2006, and submitted to EPA on December 13, 2006, extends requirements to reduce volatile organic compound (VOC) emissions in the Dallas-Fort Worth (DFW) area. Specifically, this revision extends requirements for control of VOC emissions to the five counties that were added to the DFW nonattainment area under the 1997 8-hour ozone standard designation: Ellis, Johnson, Kaufman, Parker, and Rockwall, and the affected VOC sources will be subject to the same emission limitation, control, monitoring, testing, recordkeeping, and recording requirements already in effect in Collin, Dallas, Denton, and Tarrant counties. As a result of this action, these new VOC control requirements will be consistent for all nine counties in the DFW ozone nonattainment area. This revision meets statutory and regulatory requirements, and is consistent with EPA's guidance. EPA is approving this revision pursuant to section 110, 116 and part D of the Federal Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Texas; Control of Air Pollution From Volatile Organic Compounds
Document Number: E8-15728
Type: Proposed Rule
Date: 2008-07-17
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Texas. This revision, adopted by Texas on November 15, 2006, and submitted to EPA on December 13, 2006, extends requirements to reduce volatile organic compound (VOC) emissions in the Dallas-Fort Worth (DFW) area. Specifically, this revision extends requirements for control of VOC emissions to the five counties that were added to the DFW nonattainment area under the 1997 8-hour ozone standard designation: Ellis, Johnson, Kaufman, Parker, and Rockwall, and the affected VOC sources will be subject to the same emission limitation, control, monitoring, testing, recordkeeping, and recording requirements in effect in Collin, Dallas, Denton, and Tarrant counties. As a result of this action, these new VOC control requirements will be consistent for all nine counties in the DFW ozone nonattainment area. This revision meets statutory and regulatory requirements, and is consistent with EPA's guidance. EPA is approving this revision pursuant to section 110, 116 and part D of the Federal Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation of the Greene County 8-Hour Ozone Nonattainment Area to Attainment and Approval of the Maintenance Plan and 2002 Base-Year Inventory
Document Number: E8-16278
Type: Proposed Rule
Date: 2008-07-16
Agency: Environmental Protection Agency
EPA is proposing to approve a redesignation request and State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) is requesting that the Greene County 8-hour ozone nonattainment Area (referred to also as the ``Greene County Area'' or ``Area'') be redesignated as attainment for the 8-hour ozone national ambient air quality standard (NAAQS). EPA is proposing to approve the ozone redesignation request for the Greene County Area. In conjunction with its redesignation request, the Commonwealth submitted a SIP revision consisting of a maintenance plan for the Greene County Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after redesignation. EPA is proposing to make a determination that the Greene County Area has attained the 8-hour ozone NAAQS, based upon three years of complete, quality-assured ambient air quality monitoring data for 2003-2005. EPA's proposed approval of the 8-hour ozone redesignation request is based on its determination that the Greene County Area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA). In addition, the Commonwealth of Pennsylvania has also submitted a 2002 base-year inventory for the Greene County Area, and EPA is proposing to approve that inventory for the Area as a SIP revision. EPA is also providing information on the status of its adequacy determination for the motor vehicle emission budgets (MVEBs) that are identified in the maintenance plan for the Greene County Area for purposes of transportation conformity, and is proposing to approve those MVEBs. EPA is proposing approval of the redesignation request, the maintenance plan, and 2002 base-year inventory SIP revisions in accordance with the requirements of the CAA.
Bacillus thuringiensis Modified Cry1Ab Protein; Exemption from the Requirement of a Tolerance
Document Number: E8-16277
Type: Rule
Date: 2008-07-16
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the Bacillus thuringiensis modified Cry1Ab protein as identified under OECD Unique Identifier SYN-IR67B-1 when used as a plant-incorporated protectant in the food and feed commodities of cotton; cotton, undelinted seed; cotton, refined oil; cotton, meal; cotton, hay; cotton, hulls; cotton, forage; and cotton, gin byproducts. Syngenta Seeds, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus thuringiensis modified Cry1Ab protein as identified under OECD Unique Identifier SYN-IR67B-1 when used as a plant-incorporated protectant in cotton.
Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Designation of a New Reference Method
Document Number: E8-16267
Type: Notice
Date: 2008-07-16
Agency: Environmental Protection Agency
Notice is hereby given that the Environmental Protection Agency (EPA) has designated, in accordance with 40 CFR part 53, a new reference method for measuring concentrations of carbon monoxide (CO) in the ambient air.
Chloropicrin, Dazomet, Metam Sodium/Potassium, and Methyl Bromide Reregistration Eligibility Decisions; Notice of Availability
Document Number: E8-16266
Type: Notice
Date: 2008-07-16
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decisions (REDs) for the soil fumigant pesticides chloropicrin, dazomet, metam sodium/potassium, and methyl bromide, and opens a public comment period on these documents. The Agency's risk assessments and other related documents also are available in the Dockets for these pesticides, listed in the Table in Unit II. Soil fumigants are used to kill soil-borne pests in producing many crops, including primarily potatoes, tomatoes, strawberries carrots, and peppers. EPA has reviewed chloropicrin, dazomet, metam sodium/ potassium, and methyl bromide 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.
Notice of Open Meeting of the Environmental Financial Advisory Board (EFAB)
Document Number: E8-16265
Type: Notice
Date: 2008-07-16
Agency: Environmental Protection Agency
The United States Environmental Protection Agency's (EPA) Environmental Financial Advisory Board (EFAB) will hold an open meeting on August 4-5, 2008. EFAB is an EPA advisory committee chartered under the Federal Advisory Committee Act (FACA) to provide advice and recommendations to EPA on creative approaches to funding environmental programs, projects, and activities. A meeting of the full board will be held to discuss progress with work products under EFAB's current Strategic Action Agenda and develop an action agenda to direct the Board's ongoing and new activities through FY 2009. Topics of discussion include financial assurance mechanisms; financing ecosystem services; leveraging the state revolving funds; and use of assessments and special districts in air pollution. The meeting is open to the public; however, seating is limited. All members of the public who wish to attend the meeting must register in advance, no later than Monday, July 21, 2008.
Approval and Promulgation of Implementation Plans; Reasonably Available Control Technology for Oxides of Nitrogen for a Specific Source in the State of New Jersey
Document Number: E8-16122
Type: Rule
Date: 2008-07-16
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is announcing approval of a revision to the State Implementation Plan (SIP) for ozone submitted by the State of New Jersey. The SIP revision consists of a source-specific reasonably available control technology (RACT) determination for controlling oxides of nitrogen (NOX ) from stationary internal combustion engines operated by the Trigen-Trenton Energy Co., L.P. This action approves the source-specific RACT determination that was made by New Jersey in accordance with provisions of its regulation to help meet the national ambient air quality standard for ozone. The intended effect of this action is to approve source-specific emission limitations required by the Clean Air Act.
Certain New Chemicals; Receipt and Status Information
Document Number: E8-16121
Type: Notice
Date: 2008-07-16
Agency: Environmental Protection Agency
Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from June 1, 2008 through June 20, 2008, consists of the PMNs pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.
Revisions to the California State Implementation Plan, Mojave Desert Air Quality Management District and Ventura County Air Pollution Control District
Document Number: E8-16020
Type: Rule
Date: 2008-07-16
Agency: Environmental Protection Agency
EPA is taking direct final action to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from wood products and marine coating operations. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Revisions to the California State Implementation Plan, Mojave Desert Air Quality Management District and Ventura County Air Pollution Control District
Document Number: E8-16019
Type: Proposed Rule
Date: 2008-07-16
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Mojave Desert Air Quality Management District and Ventura County Air Pollution Control District portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from marine coating operations and wood coating products. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).
Tetramethrin; Reregistration Eligibility Decision
Document Number: E8-16016
Type: Notice
Date: 2008-07-16
Agency: Environmental Protection Agency
This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide tetramethrin. The Agency's risk assessments and other related documents also are available in the Tetramethrin Docket. Tetramethrin is a broad spectrum, synthetic pyrethroid insecticide used to control flying and crawling insects in a number of commercial, horticultural, and residential areas. EPA has reviewed tetramethrin 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.
Bacillus thuringiensis Cry 1A.105 protein; Exemption from the Requirement of a Tolerance
Document Number: E8-15836
Type: Rule
Date: 2008-07-16
Agency: Environmental Protection Agency
This regulation establishes an exemption from the requirement of a tolerance for residues of the Bacillus thuringiensis Cry 1A.105 protein in or on corn when used as a plant-incorporated protectant in the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop. Monsanto Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting to amend the existing temporary tolerance in 40 CFR 174.502 for the Bacillus thuringiensis Cry 1A.105 protein to establish a permanent exemption from the requirement of a tolerance for residues of the Bacillus thuringiensis Cry 1A.105 protein in or on all food commodities when used as a plant- incorporated protectant in all food commodities. This regulation eliminates the need to establish a maximum permissible level for residues of the Bacillus thuringiensis Cry 1A.105 insecticidal protein in or on the food and feed commodities of corn; corn, field; corn, sweet; and corn, pop.
Approval and Promulgation of Air Quality Implementation Plans; Illinois
Document Number: E8-15815
Type: Rule
Date: 2008-07-16
Agency: Environmental Protection Agency
EPA is approving a revision to the Illinois Ozone State Implementation Plan (SIP). On August 17, 2005, Illinois requested that five compounds be added to its list of compounds that are exempt from being considered as volatile organic compounds (VOCs). EPA no longer considers four of the compounds to be VOCs for control and recordkeeping/reporting purposes because the compounds were shown to be negligibly photochemically reactive, and do not lead to ozone formation. EPA, however, determined that tertiary-butyl acetate (t- butyl acetate) has negligible contribution to ozone formation, and, therefore, is not considered a VOC for emission limits and VOC control requirements, it should, noneless, continue to be covered by recordkeeping, emission reporting, and inventory requirements. Illinois provided a supplementary submission on January 29, 2008, correcting the August 17, 2007, submittal by clarifying the restrictions pertaining to the compound t-butyl acetate.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
Document Number: E8-16124
Type: Rule
Date: 2008-07-15
Agency: Environmental Protection Agency
On June 13, 2008 EPA published a Notice of Intent to Delete (73 FR 33758) and a direct final Notice of Deletion (73 FR 33721) for the Fourth Street Abandoned Refinery Superfund Site from the National Priorities List. The EPA is withdrawing the Final Notice of Deletion due to adverse comments that were received during the public comment period. After consideration of the comments received, if appropriate, EPA will publish a Notice of Deletion in the Federal Register based on the parallel Notice of Intent to Delete and place a copy of the final deletion package, including a Responsiveness Summary, if prepared, in the Site repositories.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
Document Number: E8-16123
Type: Rule
Date: 2008-07-15
Agency: Environmental Protection Agency
On June 13, 2008 EPA published a Notice of Intent to Delete (73 FR 33760) and a direct final Notice of Deletion (73 FR 33718) for the Double Eagle Refinery Co. from the National Priorities List. The EPA is withdrawing the Final Notice of Deletion due to adverse comments that were received during the public comment period. After consideration of the comments received, if appropriate, EPA will publish a Notice of Deletion in the Federal Register based on the parallel Notice of Intent to Delete and place a copy of the final deletion package, including a Responsiveness Summary, if prepared, in the Site repositories.
New York State Prohibition of Marine Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination
Document Number: E8-16120
Type: Notice
Date: 2008-07-15
Agency: Environmental Protection Agency
Notice is hereby given that a petition has been received from the State of New York requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for Oyster Bay/Cold Springs Harbor Complex, New York. The waters of the proposed No Discharge Zone fall within the jurisdictions of the Town of Oyster Bay, the Town of Huntington, the Village of Bayville, the Village of Bayville, the Village of Centre Island, the Village of Cove Neck, the Village of Lattingtown, the Village of Laurel Hollow, the Village of Lloyd Harbor, the Village of Mill Neck, the Village of Oyster Bay Cove, the County of Nassau, and the County of Suffolk. These entities submitted an application prepared by Cashin Associates, P.C. for the designation of a Vessel Waste No Discharge Zone. New York State Department of Environmental Conservation certified the need for greater protection of the water quality.
New York State Prohibition of Marine Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination
Document Number: E8-16119
Type: Notice
Date: 2008-07-15
Agency: Environmental Protection Agency
Notice is hereby given that a petition has been received from the State of New York requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for Hempstead Harbor, Nassau County, New York. The waters of the proposed No Discharge Zone fall within the jurisdictions of the Town of North Hempstead, the Town of Oyster Bay, the County of Nassau, the City of Glen Cove and the Villages of Sea Cliff, Roslyn Harbor, Roslyn, Flower Point and Sands Point. These entities, through the New York Department of State and the Hempstead Harbor Protection Committee prepared the application for the designation of a Vessel Waste No Discharge Zone, which was submitted by the New York State Department of Environmental Conservation (NYSDEC).
Science Advisory Board Staff Office; Notification of Upcoming Meeting of the Science Advisory Board Particulate Matter Research Centers Program Advisory Panel
Document Number: E8-16118
Type: Notice
Date: 2008-07-15
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public meeting of the SAB Particulate Matter (PM) Research Centers Program Advisory Panel to comment on the Agency's current PM research centers program and provide advice to EPA concerning future structures and strategic direction for the program.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Coalbed Methane Extraction Sector Survey (New), EPA ICR Number 2291.01, OMB Control No. 2040-NEW
Document Number: E8-16117
Type: Notice
Date: 2008-07-15
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.
Minnesota: Final Authorization of State Hazardous Waste Management Program Revision
Document Number: E8-16022
Type: Proposed Rule
Date: 2008-07-14
Agency: Environmental Protection Agency
Minnesota has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). Minnesota has submitted these changes so that it may implement the EPA-approved Joint Powers Agreement (JPA) with Hennepin County, Minnesota. EPA has reviewed Minnesota's application and has preliminarily determined that these changes satisfy all requirements needed to qualify for final authorization, and is proposing to authorize the State's changes through this proposed final action.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Control of Stationary Combustion Turbine Electric Generating Unit Emissions
Document Number: E8-16018
Type: Proposed Rule
Date: 2008-07-14
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This revision pertains to controlling nitrogen oxides emissions from stationary combustion turbine electric generating units. This action is being taken under the Clean Air Act (CAA).
Agency Information Collection Activities: Proposed Collection; Comment Request, State Review Framework; EPA ICR Number 2185.03
Document Number: E8-16015
Type: Notice
Date: 2008-07-14
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 Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on November 30, 2008. 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.
Final National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges From Construction Activities
Document Number: E8-15829
Type: Notice
Date: 2008-07-14
Agency: Environmental Protection Agency
EPA Regions 1, 3, 6, 7, 8, 9, and 10 today are issuing their 2008 National Pollutant Discharge Elimination System general permits for stormwater discharges from new dischargers engaged in large and small construction activities. Hereinafter, these NPDES general permits will be referred to as ``permit'' or ``2008 construction general permit'' or ``2008 CGP.'' ``New dischargers'' are those who did not file a notice of intent (``NOI'') to be covered under the 2003 construction general permit (``2003 CGP'') before it expired. Existing dischargers who properly filed an NOI to be covered under the 2003 CGP continue to be authorized to discharge under that permit according to its terms. The 2008 CGP contains the same limits and conditions as the Agency's 2003 CGP with the exception of a few minor modifications which are detailed below. EPA is issuing this CGP for a period not to exceed two (2) years and will make the permit available to new construction activities and unpermitted ongoing activities only.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Attainment Demonstration for the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area
Document Number: E8-15805
Type: Proposed Rule
Date: 2008-07-14
Agency: Environmental Protection Agency
EPA is proposing to conditionally approve the 1997 8-hour ozone attainment demonstration State Implementation Plan (SIP) revision for the Dallas/Fort Worth moderate 8-hour ozone nonattainment area (DFW area) submitted by the State of Texas on May 30, 2007 and supplemented on April 23, 2008. We are also proposing to approve the associated attainment Motor Vehicle Emissions Budgets (MVEBs), the Reasonably Available Control Measures (RACM) demonstration, and two local control measures relied upon in the attainment demonstration. The proposed approval of the attainment demonstration is conditioned on Texas adopting and submitting to EPA prior to March 2009, a complete SIP revision to limit the use of Discrete Emission Reduction Credits (DERCs), beginning in March 2009. Final conditional approval of the DFW 1997 8-hour ozone attainment demonstration SIP is contingent upon Texas adopting and submitting to EPA an approvable SIP revision for the attainment demonstration SIP's failure-to-attain contingency measures plan that meets section 172(c)(9) of the Clean Air Act (the Act). We also are proposing to fully approve the DFW area SIP as meeting the Reasonably Available Control Technology (RACT) requirement for volatile organic compounds (VOCs). EPA is proposing these actions in accordance with section 110 and part D of the Act and EPA's regulations.
Consumer and Commercial Products: Control Techniques Guidelines in Lieu of Regulations for Miscellaneous Metal Products Coatings, Plastic Parts Coatings, Auto and Light-Duty Truck Assembly Coatings, Fiberglass Boat Manufacturing Materials, and Miscellaneous Industrial Adhesives
Document Number: E8-15722
Type: Proposed Rule
Date: 2008-07-14
Agency: Environmental Protection Agency
Pursuant to section 183(e)(3)(C) of the Clean Air Act, EPA proposes to determine that control techniques guidelines will be substantially as effective as national regulations in reducing emissions of volatile organic compounds in ozone national ambient air quality standard nonattainment areas from the following five product categories: Miscellaneous metal products coatings, plastic parts coatings, auto and light-duty truck assembly coatings, fiberglass boat manufacturing materials, and miscellaneous industrial adhesives. Based on this determination, we may issue control techniques guidelines in lieu of national regulations covering these product categories. We have prepared draft control techniques guidelines for the control of volatile organic compound emissions from each of the product categories covered by this proposed determination. Once finalized, these control techniques guidelines will provide guidance to the States concerning EPA's recommendations for reasonably available control technology-level controls for these product categories. We further propose to take final action to list the five Group IV consumer and commercial product categories addressed in this notice pursuant to Clean Air Act section 183(e).
National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities
Document Number: E8-15872
Type: Rule
Date: 2008-07-11
Agency: Environmental Protection Agency
EPA published a direct final rule and parallel proposal on April 1, 2008, to amend revisions to the national perchloroethylene air emission standards for dry cleaning facilities which EPA promulgated on July 27, 2006. Because we received adverse comment during the comment period on the direct final rule and parallel proposal, we are withdrawing the direct final rule and taking final action on the proposed rule to reflect our response to the comments.
Meeting of the Total Coliform Rule Distribution System Advisory Committee-Notice of Public Meeting
Document Number: E8-15844
Type: Notice
Date: 2008-07-11
Agency: Environmental Protection Agency
Under Section 10(a)(2) of the Federal Advisory Committee Act, the United States Environmental Protection Agency (EPA) is giving notice of a meeting of the Total Coliform Rule Distribution System Advisory Committee (TCRDSAC). The purpose of this meeting is to discuss the Total Coliform Rule (TCR) revision and information about distribution systems issues that may impact water quality. The TCRDSAC advises and makes recommendations to the Agency on revisions to the TCR, and on what information should be collected, research conducted, and/or risk management strategies evaluated to better inform distribution system contaminant occurrence and associated public health risks. Topics to be discussed in the meeting include options for revising the Total Coliform Rule; for example, rule construct, monitoring provisions, system categories, action levels, investigation and follow- up, public notification, and other related topics. In addition, the Committee will discuss possible recommendations for research and information collection needs concerning distribution systems.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E8-15842
Type: Notice
Date: 2008-07-11
Agency: Environmental Protection Agency
EPA continues to have environmental concerns about impacts to resources and requested additional information on the reasonableness of the alternatives, and why specific Nationwide Permits are proposed for revocation while others would be retained. Rating EC2.
Approval and Promulgation of Implementation Plans; Texas; Control of Emissions of Nitrogen Oxides (NOX
Document Number: E8-15814
Type: Proposed Rule
Date: 2008-07-11
Agency: Environmental Protection Agency
The EPA is proposing approval of rules for the control of NOX emissions into the Texas State Implementation Plan (SIP). The Texas Commission on Environmental Quality (TCEQ) submitted this revision to the SIP to us on May 30, 2007 (May 30, 2007 SIP revision). The May 30, 2007 SIP revision is a substantive and non-substantive recodification and reformatting of the NOX rules currently approved in the Texas SIP. This revision also includes a part of the NOX reductions needed for the Dallas/Forth Worth (D/FW) area to attain the Federal 8-hour ozone National Ambient Air Quality Standard (NAAQS). This rulemaking covers four separate actions. First, we are proposing to approve the repeal of the current Chapter 117 rules that correspond to the non-substantive new rules and the revised and reformatted rules because the reformatted revision will better accommodate future additions/revisions to the rules. See section 1 of this document. Second, we are proposing to approve revisions to the Texas SIP that add new controls for the D/FW major NOX point sources. We are not, however, taking action on the Texas rules for cement plants in this document. The rules for cement plants are being evaluated in a separate Federal Register document. See sections 5, 6, 13, and 14 of this document. Third, we are proposing to approve revisions to the Texas SIP that add new controls for D/FW minor NOX sources. See section 15 of this document. Fourth, we are proposing to approve revisions to the Texas SIP that add new controls for combustion sources in East Texas. See section 16 of this document. These NOX reductions will assist the D/FW area to attain the 8-hour ozone NAAQS. We are proposing approval of these actions as meeting the requirements of section 110 and part D of the Federal Clean Air Act (the Act).
Environmental Impacts Statements; Notice of Availability
Document Number: E8-15813
Type: Notice
Date: 2008-07-11
Agency: Environmental Protection Agency
Approval and Promulgation of Implementation Plans; Texas; Control of Emissions of Nitrogen Oxides (NOX
Document Number: E8-15812
Type: Proposed Rule
Date: 2008-07-11
Agency: Environmental Protection Agency
The EPA is proposing approval of revisions to the Texas State Implementation Plan (SIP). The State of Texas submitted this SIP revision to the 30 TAC Chapter 117 to us on May 30, 2007 (May 30, 2007 submittal) concerning control of emissions of NOX from cement kilns operating in Bexar, Comal, Ellis, Hays, and McLennan Counties of Texas. We are proposing to approve the cement kilns provisions of the May 30, 2007 submittal for cement kilns operating in these five Texas Counties. We are also proposing to approve the May 30, 2007 submittal as meeting the Reasonably Available Control Technology (RACT) requirements for NOX emissions from cement kilns operating in the Dallas Fort Worth (D/FW) 8-hour ozone nonattainment area. The NOX emissions controls associated with this SIP revision will assist the D/FW area to attain the Federal 8-hour ozone National Ambient Air Quality Standards (NAAQS). We are proposing approval of this action as meeting sections 110 and 182 of the Federal Clean Air Act (the Act).
Approval and Promulgation of Air Quality Implementation Plans; Texas; Dallas/Fort Worth 1-Hour Ozone Nonattainment Area; Determination of Attainment of the 1-Hour Ozone Standard
Document Number: E8-15809
Type: Proposed Rule
Date: 2008-07-11
Agency: Environmental Protection Agency
The EPA is proposing to determine that the Dallas/Fort Worth (DFW) 1-hour ozone nonattainment area is currently attaining the 1-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based upon certified ambient air monitoring data that show the area has monitored attainment of the 1-hour ozone NAAQS for the 2004-2006 monitoring period. In addition, quality controlled and quality assured ozone data for 2007 and 2008 that are available in the EPA Air Quality System database, but not yet certified, show this area continues to attain the 1-hour ozone NAAQS. If this proposed determination is made final, the requirements for this area to submit an attainment demonstration or 5% Increment of Progress (IOP) plan, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the 1-hour ozone NAAQS shall be suspended for so long as the area continues to attain the 1-hour ozone NAAQS.
EPA Science Advisory Board Staff Office; Notification of a Public Teleconference Meeting of the Chartered Science Advisory Board
Document Number: E8-15798
Type: Notice
Date: 2008-07-11
Agency: Environmental Protection Agency
The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference meeting of the chartered SAB to: (1) Conduct its quality review of the SAB draft report SAB Advisory on the EPA Ecological Research Program Multi-year Plan; (2) have follow-up discussions of EPA's strategic research directions; and (3) complete its discussions of science that supports EPA's disaster response programs.
Integrated Science Assessment for Oxides of Nitrogen-Health Criteria
Document Number: E8-15726
Type: Notice
Date: 2008-07-11
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is announcing the availability of a final document entitled ``Integrated Science Assessment for Oxides of NitrogenHealth Criteria'' (EPA/600/R-08/ 071). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development as part of the review of the primary (health-based) national ambient air quality standards (NAAQS) for oxides of nitrogen.
2007 Interim Report of the U.S. EPA Global Change Research Program Assessment of the Impacts of Global Change on Regional U.S. Air Quality: A Preliminary Synthesis of Climate Change Impacts on O3
Document Number: E8-15727
Type: Notice
Date: 2008-07-10
Agency: Environmental Protection Agency
EPA is announcing a 45-day public comment period for the draft document titled, ``2007 Interim Report of the U.S. EPA Global Change Research Program Assessment of the Impacts of Global Change on Regional U.S. Air Quality: A Preliminary Synthesis of Climate Change Impacts on O3'' (EPA/600/R-07/094). The document was prepared by the National Center for Environmental Assessment within EPA's Office of Research and Development. EPA is releasing this draft document solely for the purpose of pre- dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document.
Agency Information Collection Activities OMB Responses
Document Number: E8-15724
Type: Notice
Date: 2008-07-10
Agency: Environmental Protection Agency
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.
Proposed Past Cost Administrative Settlement Under Section 122(h)(1) of the Comprehensive Environmental Response Compensation and Liability Act; In the Matter of New Carlisle Well Contamination Site, New Carlisle, Clark County, OH
Document Number: E8-15723
Type: Notice
Date: 2008-07-10
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 for recovery of past response costs concerning the New Carlisle Well Contamination (``NCWC'') Site, New Carlisle, Clark County, Ohio, Waste Management of Ohio, Inc., (``WMOI''). The settlement requires WMOI to pay $335,000.00 to the Hazardous Substance Superfund, which represents approximately 90% of U.S. EPA's documented past costs. Under the terms of the settlement, WMOI agrees to pay the settlement amount. In exchange for its payment, the United States covenants not to sue or take administrative action pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), relating to the NCWC Site. In addition, WMOI is entitled to protection from contribution actions or claims as provided by Sections 113(f) and 122(h)(4) of CERCLA, 42 U.S.C. 9613(f) and 9622(h)(4), for all response costs incurred and to be incurred by any person at the NCWC Site. For thirty (30) days after 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 EPA's Region 5 Office at 77 West Jackson Boulevard, Chicago, Illinois 60604, and at the New Carlisle Public Library, 111 E. Lake St., New Carlisle, OH 45344, Contact: Ted Allison.
State Innovation Grant Program, Preliminary Notice and Request for Input on the Development of a Solicitation for Proposals for 2009 Awards
Document Number: E8-15580
Type: Notice
Date: 2008-07-09
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA or Agency), National Center for Environmental Innovation (NCEI) is giving preliminary notice of its intention to solicit pre-proposals for a 2009 grant program to support innovation by state environmental agencies the ``State Innovation Grant Program.'' The Agency is also seeking input from state environmental regulatory agencies on the topic areas for the solicitation. In addition, EPA is asking each state environmental regulatory agency to designate a point of contact speaking on behalf of management (in addition to the Commissioner, Director, or Secretary) who will be the point of contact for further communication about the upcoming solicitation. If your point of contact from previous State Innovation Grant solicitations is to be your contact for this year's competition, there is no need to send that information again, as all previously designated points of contact will remain on our notification list for this year's competition. EPA anticipates publication of a Solicitation Announcement of Federal Funding Opportunity on the Federal government's grants opportunities Web site (http://www.grants.gov) to announce the availability of the next solicitation within 60 days.
National Ambient Air Quality Standards for Lead
Document Number: E8-15579
Type: Rule
Date: 2008-07-09
Agency: Environmental Protection Agency
The EPA is announcing an extension of the public comment period on the proposed rule ``National Ambient Air Quality Standards for Lead.'' As initially published in the Federal Register on May 20, 2008, written comments on the proposed rule were to be submitted by July 21, 2008. On July 1, 2008, EPA received a court order extending the deadline for signature of the notice of final rulemaking to October 15, 2008 and extending the public comment period on the proposed rule to August 4, 2008.
Proposed Consent Decree, Clean Air Act Citizen Suit
Document Number: E8-15578
Type: Notice
Date: 2008-07-09
Agency: Environmental Protection Agency
In accordance with section 113(g) of the Clean Air Act, as amended (CAA or ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Association of Irritated Residents and Natural Resources Defense Council (``Plaintiffs'') in the United States District Court for the Northern District of California: Association of Irritated Residents v. EPA, No. CV 08-0227-SC (N.D. Cal.). Plaintiffs filed a deadline suit to compel the Administrator to take action under section 110(k) of the Act on three specific revisions to the state implementation plan (SIP) submitted by the State of California. The three SIP revisions include the 2003 State and Federal Strategy for the California State Implementation Plan, the 2004 San Joaquin Valley Extreme Ozone Attainment Demonstration Plan (``2004 San Joaquin Valley SIP''), and the 2003 Air Quality Management Plan for the South Coast Air Quality Management District (``2003 South Coast SIP''). Under the terms of the proposed consent decree, deadlines have been established for EPA to take action on the three California SIPs. If EPA fulfills its obligations, Plaintiffs have agreed to dismiss this suit with prejudice.
2008 Water Efficiency Leader Awards-Call for Applicants
Document Number: E8-15577
Type: Notice
Date: 2008-07-09
Agency: Environmental Protection Agency
This notice announces the opening of the application period for the U.S. EPA's third annual Water Efficiency Leader Awards. The awards recognize those organizations and individuals who are providing leadership and innovation in water efficient products and practices. These awards are intended to help foster a nationwide ethic of water efficiency, as well as to inspire, motivate, and recognize efforts to improve water efficiency. This program will enable EPA to document ``best practices'', share information, encourage an ethic of water efficiency, and create a network of water efficiency leaders. Recognition will be given on the basis of persuasive community or organizational leadership in the area of water efficiency, originality and innovativeness, national/global perspective and implications, and overall improvements in water efficiency. Actual (as opposed to anticipated) results are preferred and applicants should be able to demonstrate the amount of water saved. Candidates may be from anywhere in the United States, they may work in either the public or the private sector, and they may be either self-nominated or nominated by a third party. The following sectors are encouraged to apply: Corporations and Industry, Water Utilities, Government, Non-Governmental Organizations, and Individuals. Water utilities may be public or privately owned. Government includes, for example, Local, State, Tribal, and Federal Agencies, and Military bases. In order to be considered, applicants must have a satisfactory compliance record with respect to environmental regulations and requirements. Applications will be judged by a panel of national water efficiency experts from a variety of sectors. The panelists will provide recommendations to EPA, who will then make the final decision. EPA reserves the right to contact nominees for additional information should it be deemed necessary. To Apply: Send a one page description (single sided) of the water efficient project being nominated. Also send a completed application form found at http://www.epa.gov/water/wel.
Spirotetramat; Pesticide Tolerances
Document Number: E8-15521
Type: Rule
Date: 2008-07-09
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of spirotetramat and its metabolites BYI 08330-enol, BYI 08330- ketohydroxy, BYI08330-enol-, and BYI 08330-mono-hydroxy, calculated as spirotetramat equivalents, in or on vegetable, tuberous and corm, subgroup 1C; potato, flakes; onion, bulb, subgroup 3A-07; vegetable, leafy, except brassica, group 4; brassica, head and stem, subgroup 5A; brassica, leafy greens, subgroup 5B; vegetable, fruiting, group 8; vegetable, cucurbit, group 9; fruit, citrus, group 10; citrus, oil; fruit, pome, group 11; fruit, stone, group 12; nut, tree, group 14; almond, hulls; small fruit vine climbing subgroup, except fuzzy kiwifruit, subgroup 13-07F; grape; raisin; strawberry; hop, dried cones; and for the combined residues of spirotetramat and its metabolite BYI 08330-enol, calculated as spirotetramat equivalents, in or on milk; and meat, fat, and meat byproducts of cattle, goat; sheep, and horse. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Sethoxydim; Pesticide Tolerances
Document Number: E8-15519
Type: Rule
Date: 2008-07-09
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of sethoxydim and its metabolites containing the 2-cyclohexen-1-one moiety, in or on various oilseed commodities. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Gamma-cyhalothrin; Pesticide Tolerances
Document Number: E8-15518
Type: Rule
Date: 2008-07-09
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of Gamma- cyhalothrin in or on all food commodities (other than those already covered by a higher tolerance as a result of use on growing crops) in food-handling establishments where food products are held, processed or prepared, pistachio and okra. Pytech Chemicals GmbH and Interregional Research Project No. 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Azoxystrobin; Pesticide Tolerances
Document Number: E8-15517
Type: Rule
Date: 2008-07-09
Agency: Environmental Protection Agency
This regulation establishes tolerances for combined residues of azoxystrobin (methyl (E)-2-(2-(6-(2-cyanophenoxy)pyrimidin-4- yloxy)phenyl)-3-methoxyacrylate) and its Z isomer (methyl (Z)-2-(2-(6- (2-cyanophenoxy)pyrimidin-4-yloxy)phenyl)-3-methoxyacrylate) in or on animal feed, nongrass, forage, group 18 at 45 parts per million (ppm); animal feed, nongrass, hay, group 18 at 120 ppm; barley, forage at 25 ppm; cotton, gin byproducts at 45 ppm; cotton, undelinted seed at 0.6 ppm; grain, aspirated fractions at 420 ppm; rice, wild, grain at 5.0 ppm; sorghum, forage at 25 ppm; sorghum, grain at 11 ppm; sorghum, stover at 40 ppm; and wheat, forage at 25 ppm. Syngenta Crop Protection, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). EPA is also deleting certain azoxystrobin tolerances that are no longer needed as a result of this action.