Environmental Protection Agency 2008 – Federal Register Recent Federal Regulation Documents

In compliance with the Paperwork Reduction Act (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 is a request to renew an existing approved collection. This ICR is scheduled to expire on October 31, 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 Regional Administrator of the Environmental Protection AgencyNew England Region, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the state waters of Scituate, Marshfield, Cohasset, and the tidal portions of the North and South Rivers.

EPA is taking final action to correct errors in a final rule published May 15, 2006, that updated five continuous instrumental test methods. As published, the rule contained inadvertent errors and provisions that needed to be clarified. We published a direct final rule with a parallel proposed rule on September 7, 2007 to correct the errors and to add clarifying language. However, we received an adverse comment on the direct final rule, and it was subsequently withdrawn on November 5, 2007. This action finalizes the parallel proposal. In this final rule, EPA corrects errors, clarifies certain provisions, and responds to the adverse comment received on the direct final rule published on September 7, 2007.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide nicotine. The Agency's risk assessments and other related documents are available in the nicotine Docket. The sole remaining nicotine registration, a restricted use insecticide registered for use only on greenhouse ornamentals and effective against adult whiteflies, aphids, and thrips, is being voluntarily cancelled by the registrant. EPA has reviewed nicotine through the reregistration eligibility decision-making process, which is used by the Agency to ensure that all pesticides meet current health and safety standards.

EPA's grant regulations (40 CFR 35.115) require the Agency to evaluate the performance of agencies which receive grants. EPA's regulations for regional consistency (40 CFR 56.7) require that the Agency notify the public of the availability of the reports of such evaluations. EPA performed end-of-year evaluations of eight state air pollution control programs (Alabama Department of Environmental Management; Florida Department of Environmental Protection; Georgia Department of Natural Resources; Commonwealth of Kentucky Department for Environmental Protection; Mississippi Department of Environmental Quality; North Carolina Department of Environment and Natural Resources; South Carolina Department of Health and Environmental Control; and Tennessee Department of Environment and Conservation) and 15 local programs (City of Huntsville Division of Natural Resources, AL; Jefferson County Department of Health, AL; Broward County Environmental Protection Department, FL; City of Jacksonville Environmental Quality Division, FL; Hillsborough County Environmental Protection Commission, FL; Miami-Dade County Air Quality Management Division, FL; Palm Beach County Health Department, FL; Pinellas County Department of Environmental Management, FL; Forsyth County Environmental Affairs Department, NC; Mecklenburg County Land Use and Environmental Services Agency, NC; Western North Carolina Regional Air Quality Agency, NC; Chattanooga-Hamilton County Air Pollution Control Bureau, TN; Memphis-Shelby County Health Department, TN; Knox County Department of Air Quality Management, TN; and Metropolitan Government of Nashville and Davidson County Public Health Department, TN). The 23 evaluations were conducted to assess the agencies' FY 07 performance under the grants awarded by EPA under authority of section 105 of the Clean Air Act. EPA Region 4 has prepared reports for each agency identified above and these reports are now available for public inspection. The evaluation for the remaining local government of Louisville Metro Air Pollution Control District will be published at a later date.

EPA is announcing a public comment period for the external review draft document titled, ``Toxicological Review of Carbon Tetrachloride: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-08/008A). The EPA intends to consider comments and recommendations from the public and the expert panel meeting, which will be scheduled at a later date and announced in the Federal Register, when EPA finalizes the draft document. The public comment period will provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments submitted in accordance with this notice to the external peer-review panel prior to the meeting for their consideration. EPA is releasing this draft document solely for the purpose of pre- dissemination public 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. The draft document and EPA's peer-review charge are available via the Internet on NCEA's home page under the Recent Additions and the Data and Publications menus at https://www.epa.gov/ncea. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice.

On June 12, 2007, the Wisconsin Department of Natural Resources (WDNR) submitted a request to redesignate Kewaunee County to attainment of the 8-hour ozone standard. EPA proposed to approve this submission on December 11, 2007. EPA provided a 30-day review and comment period. The comment period closed on January 10, 2008. EPA received comments from the Sierra Club and the Door County Corporation Counsel. EPA is approving Wisconsin's request and the associated maintenance plan for continuing to attain the standard. As part of this action, EPA is making a determination that Kewaunee County has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based on complete, quality-assured ambient air quality monitoring data for the 2004-2006 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in Kewaunee County. Monitoring data for 2007 continue to show monitored attainment of the NAAQS. EPA is approving the maintenance plan for Kewaunee County and is redesignating Kewaunee County to attainment. Finally, EPA is approving, for purposes of transportation conformity, Wisconsin's 2012 and 2018 Motor Vehicle Emission Budgets (MVEBs) for Kewaunee County.

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 announcing the availability of a final report titled, ``EPA's 2008 Report on the Environment'' (EPA/600/R-07/045F), which was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development (ORD) with significant input from partners across EPA and other federal agencies. EPA's 2008 Report on the Environment (2008 EPA ROE) compiles the most reliable indicators available to help understand important trends in the environment and human health. The indicators are supported by data that are as current as possible (data included in the 2008 EPA ROE are as recent as October 2007). Additionally, the report identifies key limitations of these indicators and gaps where reliable indicators do not yet exist. These gaps and limitations highlight the disparity between the current state of knowledge and the goal of full, reliable, and insightful representation of environmental conditions and trends, and provide direction for future research and monitoring efforts.

Based on its review of the air quality criteria and national ambient air quality standards (NAAQS) for lead (Pb), EPA proposes to make revisions to the primary and secondary NAAQS for Pb to provide requisite protection of public health and welfare, respectively. EPA proposes to revise various elements of the primary standard to provide increased protection for children and other at-risk populations against an array of adverse health effects, most notably including neurological effects, particularly neurocognitive and neurobehavioral effects, in children. With regard to the level and indicator of the standard, EPA proposes to revise the level to within the range of 0.10 to 0.30 [mu]g/ m\3\ in conjunction with retaining the current indicator of Pb in total suspended particles (Pb-TSP) but with allowance for the use of Pb- PM10 data, and solicits comment on alternative levels up to 0.50 [mu]g/m\3\ and down below 0.10 [mu]g/m\3\. With regard to the averaging time and form of the standard, EPA proposes two options: To retain the current averaging time of a calendar quarter and the current not-to-be-exceeded form, revised to apply across a 3-year span; and to revise the averaging time to a calendar month and the form to the second-highest monthly average across a 3-year span. EPA also solicits comment on revising the indicator to Pb-PM10 and on the same broad range of levels on which EPA is soliciting comment for the Pb-TSP indicator (up to 0.50 [mu]g/m\3\). EPA also invites comment on when, if ever, it would be appropriate to set a NAAQS for Pb at a level of zero. EPA proposes to make the secondary standard identical in all respects to the proposed primary standard. EPA is also proposing corresponding changes to data handling procedures, including the treatment of exceptional events, and to ambient air monitoring and reporting requirements for Pb including those related to sampling and analysis methods, network design, sampling schedule, and data reporting. Finally, EPA is providing guidance on its proposed approach for implementing the proposed revised primary and secondary standards for Pb. Consistent with the terms of a court order, by September 15, 2008 the Administrator will sign a notice of final rulemaking for publication in the Federal Register.

The Local Government Advisory Committee (LGAC) and the Small Community Advisory Subcommittee (SCAS) will meet on June 11-12th, 2008 in Seattle, Washington. The Committee and Subcommittee will be meet at The Red Lion Hotel, located at 1415 5th Avenue, Seattle, WA. The focus areas of the meeting(s) will be: climate change, green buildings, watersheds and coastline issues, small communities issues, military issues, and other environmental issues potentially affecting local governments. This is an open meeting and all interested persons are invited to attend. The Committee will hear comments from the public between 11:30 a.m. and 12 p.m. on Wednesday, June 11, 2008. Each individual or organization wishing to address the LGAC meeting will be allowed a maximum of five minutes to present their point of view. Also, written comments may be submitted electronically to Eargle.Frances@epa.gov. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule agenda time. Time will be allotted on a first come, first serve basis, and the total period for comments may be extended, if the number of requests for appearances require it.

Notice is hereby given that the Environmental Protection Agency (EPA) has designated, in accordance with 40 CFR part 53, on a new reference method for measuring concentrations of nitrogen dioxide (NO2) in the ambient air.

Under Section 10(a)(2) of Public Law 92-423, ``The Federal Advisory Committee Act,'' notice is hereby given of a meeting of the National Drinking Water Advisory Council (NDWAC), established under the Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.). The Council will consider various issues associated with drinking water and adaptation to climate change, including information about the EPA Office of Water's draft National Water Program Strategy: Response to Climate Change. The Council will receive updates about several on-going projects including the third Contaminant Candidate List, the Aircraft Drinking Water Rule, and the Total Coliform Rule/Distribution System Federal Advisory Committee. EPA will also consult with the Council on the upcoming rule-making for the geologic sequestration of carbon dioxide.

EPA has environmental objections to the proposed Circ A-B alternatives based on environmental impacts to wetlands, water resources and storm water, air quality, indirect and cumulative impacts and hydrologic impacts. EPA also noted that the VT 2A alternatives appear to include the least environmentally damaging practicable alternative. Rating EO2.

This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any currently registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 today are proposing for public comment the issuance of 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. This draft 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. As proposed, 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. In addition to proposing this draft CGP, EPA is also requesting comments on the criteria to be used by the Agency to incorporate, by reference, ``qualifying local program requirements'' for erosion and sediment control as provided for in EPA's regulations. Approved qualifying local program requirements can then be incorporated by reference into the Agency's construction general permit. A construction site operator with construction activities within the jurisdiction of the qualifying local program can follow local erosion and sediment control requirements in lieu of complying with comparable erosion and sediment control requirements in EPA's CGP.

This notice announces EPA's order for the cancellation, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide sulfluramid, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a December 19, 2007 Federal Register Notice of Receipt of Request from the sulfluramid registrant to voluntarily cancel the last remaning sulfluramid manufacturing-use product (MUP) registration. In the December 19, 2007 notice, EPA indicated that it would issue an order implementing the cancellation, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrant withdrew their request within this period. The Agency did not receive any comments on the notice. Further, the registrant did not withdraw their request. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellation. This cancellation order does not cancel the remaining end-use sulfluramid products currently registered for use in the United States. Any distribution, sale, or use of the sulfluramid products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

The EPA is finalizing regulations to implement the New Source Review (NSR) program for fine particulate matter (that is, particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, generally referred to as ``PM2.5''). The NSR program was created by the Clean Air Act (Act or CAA) to ensure that stationary sources of air pollution are constructed or modified in a manner that is consistent with air quality goals in the area. The Clean Air Fine Particle Implementation Rule, which was proposed in the Federal Register on November 1, 2005, included requirements and guidance for State and local air pollution agencies to follow in developing State implementation plans (SIPs) and also the NSR provisions. The final implementation rule that was promulgated on April 25, 2007, included all the SIPs related provisions. In this rulemaking, EPA is finalizing the NSR provisions of the November 1, 2005 proposed rule including the major source threshold, significant emissions rate, and offset ratios for PM2.5, interpollutant trading for offsets and applicability of NSR to PM2.5 precursors.

In this notice, EPA is notifying the public that the Agency has found that the ``baseline'' reasonable further progress motor vehicle emissions budgets for 8-hour ozone and PM2.5 in the 2007 South Coast State Implementation Plan (2007 South Coast SIP), as amended on April 30, 2008, are adequate for transportation conformity purposes. In this notice, EPA is also notifying the public that the Agency has found that the ``SIP-based'' motor vehicle emissions budgets for 8-hour ozone and PM2.5 in the amended 2007 South Coast SIP are inadequate for transportation conformity purposes. The 2007 South Coast SIP was submitted to EPA on November 28, 2007 by the California Air Resources Board (CARB) as a revision to the California SIP, and includes reasonable further progress and attainment demonstrations for the 8-hour ozone and PM2.5 national ambient air quality standards. On February 1, 2008, CARB submitted supplemental technical information related to reasonable further progress for the 8-hour ozone NAAQS. The 2007 South Coast SIP was amended by a submittal dated April 30, 2008 that replaces the original motor vehicle emissions budgets for 8-hour ozone and PM2.5 and distinguishes between ``baseline'' budgets and ``SIP-based'' budgets. As a result of our findings, the Southern California Association of Governments and the U.S. Department of Transportation must use the South Coast 8-hour ozone and PM2.5 ``baseline'' motor vehicle emissions budgets, and cannot use the ``SIP-based'' budgets, in the amended 2007 South Coast SIP for future conformity determinations.

On March 19, 2008, EPA published in the Federal Register (73 FR 14806) a Notice of a Proposed Determination, under Section 404(c) of the Clean Water Act, to prohibit or restrict the use of certain waters in the Yazoo River Basin in Issaquena County, Mississippi as disposal sites for dredged or fill material in connection with the construction of the proposed Yazoo Backwater Area Project. The notice established a public comment period, which ended on May 5, 2008. On April 17, 2008, a public hearing concerning the Proposed Determination was held in Vicksburg, Mississippi. Over 500 interested stakeholders participated in the five-hour hearing including approximately 65 stakeholders who provided oral statements. EPA has also received over 45,000 written comments, including substantial additional information, which needs to be evaluated. In order to allow full consideration of the extensive administrative record, the time period provided in 40 CFR 231.5(a) for the preparation of the Regional Recommendation, the next step in the 404(c) process, is being extended until no later than, July 11, 2008. This time extension is made under authority of 40 CFR 231.8.

This regulation establishes tolerances for the free and conjugated residues of cyproconazole, [alpha]-(4-chlorophenyl)-[alpha]- (1-cyclopropylethyl)-1H-1,2,4-triazole-1-ethanol in or on aspirated grain fractions; field corn, forage, grain and stover; soybean, seed, forage, hay and oil; wheat, forage, hay, straw, grain, grain, milled by products; fat of cattle, goat, horse and sheep; and meat byproducts (except liver) of cattle, goat, horse and sheep. Additionally, this regulation establishes tolerances for cyproconazole and its metabolite, [delta]-(4-chlorophenyl)-[beta],[delta]-dihydroxy-[gamma]-met hyl-1H- 1,2,4-triazole-1-hexenoic acid in or on milk and for cyproconazole and its metabolite, 2-(4-chlorophenyl)-3-cyclopropyl-1-[1,2,4]triazol-1-yl- butane-2,3-diol in or on liver of cattle, goat, hog, horse, and sheep. Syngenta Crop Protection, Inc., requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8-hour ozone national ambient air quality standard (NAAQS) for at least 10 years after the April 30, 2004 designations, as well as a 2002 base-year inventory for the Crawford County Area. EPA is proposing approval of the maintenance plan and the 2002 base-year inventory in accordance with the requirements of the Clean Air Act (CAA).

EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8-hour ozone national ambient air quality standard (NAAQS) for at least 10 years after the April 30, 2004 designations, as well as a 2002 base-year inventory for the Columbia County Area. EPA is proposing approval of the maintenance plan and the 2002 base-year inventory in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency (EPA or the Agency) is promulgating a final rule granting a site-specific treatment variance to EnergySolutions LLC (EnergySolutions) in Clive, Utah for the treatment of certain P- and U-listed hazardous waste containing radioactive contamination (``mixed waste'') using vacuum thermal desorption (VTD). This variance is an alternative treatment standard to treatment by combustion (CMBST) required for these wastes under EPA's rules in implementing the land disposal restriction (LDR) provisions of the Resource Conservation and Recovery Act (RCRA). The Agency has determined that combustion of the solid treatment residue generated from the VTD unit is technically inappropriate due to the effective performance of the VTD unit. Thus, once the P- and U-listed mixed waste are treated using the VTD unit, the solid treatment residue can be land disposed without further treatment. This variance is conditioned upon EnergySolutions complying with a Waste Family Demonstration Testing (WFDT) plan specifically addressing the treatment of these P- and U- listed wastes, which is to be implemented through a RCRA Part B permit modification for the VTD unit.