Environmental Protection Agency January 2009 – Federal Register Recent Federal Regulation Documents

The U.S. Environmental Protection Agency's (EPA or Agency) Office of the Science Advisor (OSA) announces a public meeting of the Human Studies Review Board (HSRB) to advise the Agency on EPA's scientific and ethical review of human subjects research. The HSRB will hold a Public teleconference to discuss two completed field studies by Carroll-Loye Biological Research of mosquito repellent efficacy, and spatial insect repellent technology.

EPA issued an advanced notice of proposed rulemaking (ANPR) in the Federal Register of December 3, 2008, describing EPA's initial steps to investigate and request comment, information, and data relating to formaldehyde emissions from pressed wood products. The ANPR also announced five public meetings that EPA scheduled in order to obtain additional stakeholder input. EPA is announcing today one additional public meeting to enable more complete public participation. Additionally, this document extends the comment period for 45 days, from February 2, 2009, to March 19, 2009. This extension is necessary to provide the public with an opportunity to provide additional and more thorough comments to the docket.

Pursuant to Clean Air Act section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated January 8, 2009, denying a petition to object to a state operating permit issued by the Kentucky Division for Air Quality (KDAQ) to Thoroughbred Generating Company, LLCThoroughbred Generating Station (TGS) located near Central City, Muhlenberg County, Kentucky. This Order constitutes final action on the petition submitted by the Natural Resources Defense Council, Sierra Club, Valley Watch, the National Parks Conservation Association, the Ohio Valley Environmental Coalition, and Elizabeth and Hannah Crowe (Petitioners) on January 24, 2003. Pursuant to section 505(b)(2) of the Clean Air Act (the Act), any person may seek judicial review of the Order in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307(b) of the Act.

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 EPA's EFAB will hold an open meeting of the full board in Washington, DC on March 16-17, 2009. 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. The purpose of this meeting is to hear from informed speakers on environmental finance issues, proposed legislation, Agency priorities, and to discuss progress with work products under EFAB's current Strategic Action Agenda. Environmental financing topics expected to be discussed include: Financial Assurance Mechanisms (Commercial Insurance & Cost Estimation); Financial Assurance and CO2 Underground Injection Control/Carbon Capture and Sequestration; Water Loss Reduction (``Leaky Pipes''); Innovative Financing Tools, and State Revolving Fund Investment Options. This meeting is open to the public, however, seating is limited. All members of the public who are planning to attend the meeting must register in advance, no later than Friday, March 6, 2009.

The Environmental Protection Agency (EPA) Region 3 is issuing a Notice of Intent to Delete former Wetland Areas B and C of the Rentokil, Inc. Superfund Site (Site) located in Henrico County, Virginia, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the Commonwealth of Virginia, through the Virginia Department of Environmental Quality, have determined that all appropriate response actions at these identified parcels under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to the soil and sediment of former Wetland Areas B and C and the ground water at former Wetland Area C. The remaining areas/media will remain on the NPL and are not being considered for deletion as part of this action.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of a meeting of the Board of Scientific Counselors (BOSC) Science and Technology for Sustainability Subcommittee.

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.

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 that is abstracted below describes the nature of the collection and the estimated burden and cost.

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.

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 May 31, 2009. 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 Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces two public teleconferences of the Clean Air Scientific Advisory Committee (CASAC) Ambient Air Monitoring & Methods Subcommittee (AAMMS or Subcommittee) to conduct consultations concerning ambient air monitoring issues related to the National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter.

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.

EPA Region 6 Water Quality Protection Division, today is proposing for public comment the issuance of a National Pollutant Discharge Elimination System general permit for discharges from eligible owners/operators of existing concentrated animal feeding operations (CAFOs), in New Mexico, except those discharges on Indian Country. All currently operating animal feeding operations that are defined as CAFOs or designated as CAFOs by the permitting authority (See Part VII Definitions, ``CAFOs'') and that are subject to 40 CFR Part 412, Subparts A (Horses) and C (Dairy Cows and Cattle Other than Veal Calves) are eligible for coverage under this permit. Hereinafter, this NPDES general permit will be referred to as ``permit'' or ``CAFO permit'' or ``CAFO general permit.'' Eligible CAFOs may apply for authorization under the terms and conditions of this permit, by submitting a notice of intent (NOI) to be covered by this permit. This permit covers the types of animal feeding operations listed above which meet the definition of a CAFO and discharge or propose to discharge pollutants to waters of the United States. A CAFO proposes to discharge if it is designed, constructed, operated, or maintained such that a discharge will occur.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that the following Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval: TSCA Recordkeeping and Reporting Requirements for Allegations of Significant Adverse Reactions to Human Health or the Environment; EPA ICR No. 1031.09, OMB No. 2070- 0017. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of one meeting of the Board of Scientific Counselors (BOSC) Executive Committee.

EPA is proposing to allocate essential use allowances for import and production of Class I ozone-depleting substances (ODSs) for calendar year 2009. Essential use allowances enable a person to obtain controlled Class I ODSs as part of an exemption to the regulatory ban on the production and import of these chemicals, which became effective as of January 1, 1996. EPA allocates essential use allowances for exempted production or import of a specific quantity of Class I substances solely for the designated essential purpose. The proposed allocation in this action is 63.0 metric tons (MT) of chlorofluorocarbons (CFCs) for use in metered dose inhalers (MDIs) for 2009.

EPA expressed environmental concerns about biological resource and dredging impacts. Rating EC2.

This regulation establishes tolerances for combined residues of emamectin and its metabolites in or on tree nuts (crop group 14) and pistachios. Syngenta Crop Protection, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). This regulation also makes a technical correction reinstating hog tolerances that were inadvertently omitted from the previous rule.

The EPA is withdrawing the proposed rule for ``debottlenecking'' published in the Federal Register on September 14, 2006. Debottlenecking is a concept used in the EPA's New Source Review (NSR) program and refers to how emissions from units upstream and downstream from the unit(s) undergoing a physical or operational change are included in the calculation of an emissions increase for the project. The intent of the September 14, 2006 proposal was to clarify how to consider emissions increases and decreases when determining major NSR applicability for sources that undergo a modification(s). Two other NSR elements included in that proposalaggregation and project nettingare discussed in a separate document published in the ``Rules'' section of this Federal Register. The decision to withdraw the rule proposal for debottlenecking is due to a variety of concerns raised by commenters on the viability of each of the proposed options. Regarding our preferred option, legal causation, we proposed to apply a ``but for'' legal cause test to account for debottlenecked emissions. However, limiting its application to only Prevention of Significant Deterioration and NSR permits, as several commenters suggested, would have severely narrowed its utility and required devising another regulatory strategy for nonqualifying permits. With respect to the other two proposed options, we had difficulty in finding workable solutions to some of the implementation issues raised by commenters. In light of the complexities we encountered with the proposed options, we have decided to withdraw the proposed rule for debottlenecking.

The EPA is taking a final action finding that 37 states, the District of Columbia, and the U.S. Virgin Islands have failed to submit for EPA review and approval State Implementation Plans (SIPs) for improving visibility in the nation's national parks and wilderness areas. Under the Clean Air Act (CAA) and EPA's implementing regulations, states were required to submit these SIPs to EPA by December 17, 2007. These SIPs must contain a number of elements, including importantly: For each mandatory Class I federal area in a state, reasonable progress goals providing for an improvement in visibility for the most impaired days and ensuring no degradation in visibility for the least impaired days; a long-term strategy for improving visibility, including enforceable emissions limitations, for meeting the reasonable progress goals; and Best Available Retrofit Technology (BART) determinations for certain older existing stationary sources. By this action, the EPA is making a finding of failure to submit for those states that have not submitted a SIP or have submitted a SIP that addresses only part of the requirements.