Environmental Protection Agency 2008 – Federal Register Recent Federal Regulation Documents

The Clean Air Act provides for the review of alternatives to ozone-depleting substances and the approval of substitutes that do not present a risk more significant than other alternatives that are available. Under that authority, the Significant New Alternatives Policy (SNAP) program, the Environmental Protection Agency (EPA) is expanding the list of acceptable substitutes for ozone-depleting substances (ODS). The substitute addressed in this final rule (i.e., R- 152a) is for the motor vehicle air conditioning (MVAC) end-use within the refrigeration and air-conditioning sector. This substitute does not pose significantly more risk than other substitutes that are available in this end use. Additionally, this substitute is a non ozone-depleting gas and consequently does not contribute to stratospheric ozone depletion.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address a lawsuit filed by Sierra Club and the American Bottom Conservancy (collectively ``Plaintiffs'') in the U.S. District Court Northern District of Illinois: Sierra Club v. Johnson, Case No. 06-CV-4000 (N.D. Ill.). Plaintiffs filed a complaint alleging that EPA failed to perform a nondiscretionary duty under Clean Air Act section 505(c), 42 U.S.C. 7661d(c), to issue by May 2, 2006, an operating permit for the Veolia hazardous waste incinerator located in Sauget, Illinois (``the Facility''). Under the terms of the proposed settlement agreement, by July 18, 2008, EPA would either issue a decision denying an operating permit for the Facility or complete the public participation process for a draft operating permit. If EPA does not issue a decision denying an operating permit for the Facility then, by September 12, 2008, EPA would either issue a final operating permit for the Facility or issue a final decision denying the operating permit. Further, under the terms of the proposed settlement agreement, EPA would pay Plaintiffs a specified amount in settlement for attorneys' fees in this matter.

The U.S. Environmental Protection Agency (EPA or Agency) Office of Children's Health Protection and Environmental Education Office hereby gives notice that the National Environmental Education Advisory Council will hold public meetings by conference call on the 2nd Wednesday of each month, beginning with July 9, 2008 from 3 p.m. to 4 p.m. All times noted are Eastern time. The purpose of these meetings is to provide the Council with the opportunity to advise the Environmental Education Division on its implementation of the National Environmental Protection Act of 1990. Requests for the draft agenda will be accepted up to 1 business day before the meeting.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Desert Rock Energy Company, LLC and Dine Power Authority (collectively, ``Plaintiffs'') in the United States District Court for the Southern District of Texas: Desert Rock Energy Company, LLC, et al. v. EPA, No. 08-872 (S.D. TX). On March 21, 2008, Plaintiffs served upon the United States a Complaint alleging that EPA failed to perform a mandatory duty under Clean Air Act section 165(c), 42 U.S.C. 7475(c), to take action on Plaintiffs' application (``Permit Application'') for a Prevention of Significant Deterioration permit to construct a coal-fired power plant on land held by the United States government in trust for the benefit of the Navajo Nation. Under the terms of the proposed consent decree, by July 31, 2008, EPA shall issue a final permit decision on the Permit Application, within the meaning of 40 CFR 124.15(a).

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, entitled: ``Foreign Purchaser Acknowledgment Statement of Unregistered Pesticides'' and identified by EPA ICR No. 0161.11 and OMB Control No. 2070-0027, is scheduled to expire on February 28, 2009. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection.

EPA has received a specific exemption request from the U.S. Department of Agriculture, Animal and Plant Health Inspection Service to use the pesticide diflubenzuron (CAS No. 35367-38-5) to treat up to 3,000 acres of alfalfa to control grasshoppers and mormon crickets. The applicant proposes a use which is supported by the IR-4 program and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency.

EPA is proposing to amend the container and containment regulations to provide a 1-year extension of the labeling compliance date from August 17, 2009 to August 17, 2010; to change the phrase ``sold or distributed'' to ``released for shipment'' as associated with all of the compliance dates; to provide for exceptions to the language requirements for some specific nonrefillable packages; to allow for waivers of certain label requirements for other refillable and nonrefillable containers on a case-by-case basis; and to correct typographical and other minor errors. In addition, the Agency is proposing to amend the definitions in 40 CFR part 152 to establish a definition of ``released for shipment.'' These changes are being proposed to address concerns raised by stakeholders and as a result of further Agency consideration.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

The Environmental Protection Agency published notices in the Federal Register on June 3 and June 4, 2008, announcing listening sessions for the Draft Toxicological Review of Cerium Oxide and Cerium Compounds (73 FR 31683, June 3, 2008) and the Draft Toxicological Review of Beryllium and Compounds (73 FR 31861, June 4, 2008). The documents contained an incorrect telephone number for Ms. Christine Ross in the ADDRESSES and FOR FURTHER INFORMATION CONTACT sections.

EPA is proposing significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for two chemical substances which were the subject of premanufacture notices (PMNs). The two substances are dodecandioic acid, 1, 12-dihydrazide (CAS No. 4080-98-2; PMNs P-01-759 and P-05-555) and thiophene, 2,5- dibromo-3-hexyl- (CAS No. 116971-11-0; PMN P-07-283). This action would require persons who intend to manufacture, import, or process either of these two substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

On March 6, 2008, EPA received a petition from Michael J. Dochniak under section 21 of the Toxic Substances Control Act (TSCA) ``to establish regulations prohibiting the use and distribution in commerce of Hevea brasiliensis [italics added] natural rubber latex adhesives having a total protein content greater than 200 micrograms per [gram] dry weight of latex based on the American Society for Testing and Materials method ASTM D1076-06 (Category 4).'' The petition states: ``Implementation of an EPA regulation that guides adhesive manufacturer's [sic] to use Hevea [b]rasiliensis [italics added] natural-rubber-latex that satisfy[ies] ASTM D1076-06 (Category 4) may affect the incidence and prevalence of latex allergy and allergy- induced autism in neonates.'' For the reasons set forth in this notice, EPA has denied the petitioner's request.

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 September 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.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) will hold a 2-day meeting, beginning on June 23, 2008 and ending June 24, 2008. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

EPA is proposing to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are proposing to approve a local rule that requires submission of emission statements from stationary sources that emit volatile organic compounds and oxides of nitrogen.

Notice is hereby given that a petition has been received from the Commonwealth of Massachusetts 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 all Boston Harbor waters of the Inner and Outer Harbor and will extend into Massachusetts Bay to encompass all of the islands in the Boston Harbor Islands National Park Area, including the Brewster Islands and the Graves. It will include sections of the Chelsea, Mystic, Charles, Neponset, Weymouth Fore, Weymouth Back and Weir Rivers, all of which feed into the harbor. The waters of the proposed NDA fall within the jurisdictions of Boston, Braintree, Cambridge, Chelsea, Everett, Hingham, Hull, Milton, Newton, Quincy, Watertown, Weymouth, and Winthrop.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference and a public meeting of the SAB Ecological Processes and Effects Committee Augmented for the Advisory on EPA's Aquatic Life Water Quality Criteria. The teleconference and meeting are being held to provide advice on a methodology for deriving water quality criteria for the protection of aquatic life based on chemical mode of action.

The Environmental Protection Agency (EPA) is amending the list of hazardous wastes from non-specific sources (called F-wastes) by modifying the scope of the EPA Hazardous Waste No. F019 (Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process). The Agency is amending the F019 listing to exempt wastewater treatment sludges from zinc phosphating, when such phosphating is used in the motor vehicle manufacturing process, provided that the wastes are not placed outside on the land prior to shipment to a landfill for disposal, and the wastes are placed in landfill units that are subject to or meet the specified landfill design criteria. This final action on the F019 listing does not affect any other wastewater treatment sludges either from the chemical conversion coating of aluminum, or from other industrial sources. Additionally, this rule amends the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) list of Hazardous Substances and Reportable Quantities so that the F019 listing description is consistent with the amendment to F019 under regulations for hazardous wastes from non-specific sources.

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 and topics for upcoming TCRDSAC meetings.

EPA is proposing to revoke certain tolerances for the insecticides/nematicides aldicarb, ethoprop, and oxamyl; the insecticides disulfoton, malathion, and methyl parathion; the miticide/ acaricide propargite; the fungicides o-phenylphenol and its sodium salt, triadimefon, triadimenol, and ziram; the herbicides ametryn, dicamba, diuron, oxyfluorfen, and paraquat; the growth regulator/ herbicide dimethipin; and the antimicrobial/insecticidal fumigant propylene oxide. Also, EPA is proposing to modify certain tolerances for the insecticide/nematicide oxamyl; the insecticide fenitrothion; the miticide/acaricide propargite; the molluscicide metaldehyde; the fungicides triadimefon and tridemorph; the herbicides ametryn, 2,4-DB, dicamba, and diuron; and the antimicrobial/insecticidal fumigant propylene oxide. In addition, EPA is proposing to establish tolerances for the insecticide/nematicide oxamyl; the molluscicide metaldehyde; the fungicides etridiazole and streptomycin; the herbicides 2,4-DB, dicamba, and diuron; and the antimicrobial/insecticidal fumigant propylene oxide and propylene chlorohydrin (a reaction product formed during the propylene oxide sterilization process). Finally, because tolerances expired in 2005, EPA is proposing to remove 40 CFR 180.167 for nicotine-containing compounds. The regulatory actions proposed in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q).

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-oxepanone, homopolymer; (CAS Reg. No. 24980-41-4) when used as an inert ingredient in a pesticide chemical formulation. Solvay Chemicals, 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 2-oxepanone, homopolymer.

EPA is withdrawing the immediate final rule for Virginia: Final Authorization of State Hazardous Waste Management Program revision published on April 3, 2008, which authorized changes to Virginia's hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA stated in the immediate final rule that if EPA received written comments that oppose this authorization during the comment period, EPA would publish a notice of withdrawal in the Federal Register prior to the effective date of June 2, 2008. Since EPA did receive a comment that opposes this authorization, EPA is withdrawing the immediate final rule. EPA will address these comments in a subsequent final action based on the proposed rule also published on April 3, 2008 at 73 FR 18229.

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 reinstate a previously approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). The previously approved ICR expired on 07/31/2007.