Environmental Protection Agency 2008 – Federal Register Recent Federal Regulation Documents

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.

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).

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).

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 (https://www.grants.gov) to announce the availability of the next solicitation within 60 days.

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.

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).

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).