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

Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E9-2042
Type: Notice
Date: 2009-01-30
Agency: Environmental Protection Agency
EPA does not object to the proposed project. Rating LO.
Environmental Impact Statements; Notice of Availability
Document Number: E9-2041
Type: Notice
Date: 2009-01-30
Agency: Environmental Protection Agency
Good Neighbor Environmental Board
Document Number: E9-2039
Type: Notice
Date: 2009-01-30
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the Good Neighbor Environmental Board (Board). The Board meets three times each calendar year, twice at different locations along the U.S. border with Mexico, and once in Washington, DC. It was created in 1992 by the Enterprise for the Americas Initiative Act, Public Law 102-532, 7 U.S.C. Section 5404. Implementing authority was delegated to the Administrator of EPA under Executive Order 12916. The Board is responsible for providing advice to the President and the Congress on environmental and infrastructure issues and needs within the States contiguous to Mexico in order to improve the quality of life of persons residing on the United States side of the border. The statute calls for the Board to have representatives from U.S. Government agencies; the states of Arizona, California, New Mexico and Texas; and tribal and private organizations with expertise on environmental and infrastructure issues along the U.S./Mexico Border. The purpose of the meeting is to hear from representatives from various groups on possible themes for the Board's next report. The meeting will include a planning session, a business meeting and a public comment session. A copy of the meeting agenda will be posted at http://www.epa.gov/ocem/gneb.
Human Studies Review Board (HSRB); Notice of a Public Teleconference Meeting
Document Number: E9-2037
Type: Notice
Date: 2009-01-30
Agency: Environmental Protection Agency
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.
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals; Extension of Comment Period
Document Number: E9-2035
Type: Proposed Rule
Date: 2009-01-30
Agency: Environmental Protection Agency
EPA is announcing the extension of the comment period until March 4, 2009, on the proposed rule entitled, Amendment to the Universal Waste Rule: Addition of Pharmaceuticals published on December 2, 2008. The Agency is soliciting comments as described in that document on the proposed addition of hazardous pharmaceutical wastes to the federal universal waste program.
Formaldehyde Emissions from Pressed Wood Products; Extension of Comment Period and Notice of Sixth Public Meeting
Document Number: E9-2030
Type: Proposed Rule
Date: 2009-01-30
Agency: Environmental Protection Agency
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.
Science Advisory Board Staff Office; Notification of Upcoming Meeting of the Science Advisory Board Expert Elicitation Advisory Panel
Document Number: E9-1919
Type: Notice
Date: 2009-01-29
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public meeting of the Science Advisory Board Expert Elicitation Advisory Panel to review EPA's draft Expert Elicitation Task Force White Paper.
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Thoroughbred Generating Company, LLC-Thoroughbred Generating Station; Central City (Muhlenberg County), KY
Document Number: E9-1918
Type: Notice
Date: 2009-01-29
Agency: Environmental Protection Agency
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.
Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction Is Commenced After August 17, 1971; Standards of Performance for Electric Utility Steam Generating Units for Which Construction Is Commenced After September 18, 1978; Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units; and Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units
Document Number: E9-523
Type: Rule
Date: 2009-01-28
Agency: Environmental Protection Agency
EPA is amending the new source performance standards (NSPS) for electric utility steam generating units and industrial-commercial- institutional steam generating units. These amendments to the regulations are to add compliance alternatives for owners and operators of certain affected sources, eliminate the opacity standard for facilities with a particulate matter (PM) limit of 0.030 lb/million British thermal units (MMBtu) or less that choose to voluntarily install and use PM continuous emission monitors (CEMS) to demonstrate compliance with that limit, and to correct technical and editorial errors.
Agency Information Collection Activities; Proposed Collection; Comment Request; Hazardous Remediation Waste Management Requirements (HWIR-Media) (Renewal), EPA ICR Number 1775.05, OMB Control Number 2050-0161
Document Number: E9-1811
Type: Notice
Date: 2009-01-28
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 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.
L-Lactic Acid Registration Review Final Work Plan and Proposed Registration Review Decision; Correction
Document Number: E9-1810
Type: Notice
Date: 2009-01-28
Agency: Environmental Protection Agency
EPA issued a notice in the Federal Register of December 24, 2008, concerning the availability of EPA's Final Work Plan and Proposed Final Decision for the pesticide case L-Lactic Acid. This document is being issued to correct a typographical error in the name of the active ingredient L-Lactic Acid.
Notice of Open Meeting of the Environmental Financial Advisory Board (EFAB)
Document Number: E9-1809
Type: Notice
Date: 2009-01-28
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Proposed Collection; Comment Request; RCRA Hazardous Waste Permit Application and Modification, Part A (Renewal), EPA ICR Number 0262.12, OMB Control Number 2050-0034
Document Number: E9-1804
Type: Notice
Date: 2009-01-28
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 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.
National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List
Document Number: E9-1705
Type: Proposed Rule
Date: 2009-01-27
Agency: Environmental Protection Agency
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.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
Document Number: E9-1704
Type: Rule
Date: 2009-01-27
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) Region 3 is publishing a direct final Notice of Partial Deletion of former Wetland Areas B and C of the Rentokil, Inc. (Virginia Wood Preserving Division) Superfund Site (Site), located in Henrico County, near the city of Richmond, Virginia, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final partial deletion is being published by EPA with the concurrence of the Commonwealth of Virginia, through the Virginia Department of Environmental Quality (VDEQ) because EPA has 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 partial 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 and media of the Site will remain on the NPL and are not being considered for deletion as part of this action.
Board of Scientific Counselors, Science and Technology for Sustainability Mid-Cycle Subcommittee Meetings-Winter 2009
Document Number: E9-1701
Type: Notice
Date: 2009-01-27
Agency: Environmental Protection Agency
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.
EPA Office of Children's Health Protection and Environmental Education Staff Office; Notice of Public Meetings for the National Environmental Education Advisory Council
Document Number: E9-1700
Type: Notice
Date: 2009-01-27
Agency: Environmental Protection Agency
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 February 11, 2009 from 12 p.m. to 1 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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Grain Elevators (Renewal), EPA ICR Number 1130.09, OMB Control Number 2060-0082
Document Number: E9-1621
Type: Notice
Date: 2009-01-26
Agency: Environmental Protection Agency
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.
Science Advisory Board Staff Office Notification of a Public Teleconference of the Science Advisory Board Environmental Economics Advisory Committee
Document Number: E9-1615
Type: Notice
Date: 2009-01-26
Agency: Environmental Protection Agency
The EPA's Science Advisory Board (SAB) Staff Office is announcing a public teleconference of the SAB Environmental Economics Advisory Committee (EEAC) to discuss its draft Advisory on EPA's draft Guidelines for Preparing Economic Analyses.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Source Categories: Generic Maximum Achievable Control Technology Standards (Renewal), EPA ICR Number 1871.05, OMB Control Number 2060-0420
Document Number: E9-1613
Type: Notice
Date: 2009-01-26
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NSPS for Existing Other Solid Waste Incineration Units (Renewal), EPA ICR Number 2164.03, OMB Control Number 2060-0562
Document Number: E9-1611
Type: Notice
Date: 2009-01-26
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Radionuclides (Renewal); EPA ICR No. 1100.13, OMB Control No. 2060-0191
Document Number: E9-1606
Type: Notice
Date: 2009-01-26
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 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.
Proposed Settlement Agreement, Clean Air Petition for Review
Document Number: E9-1592
Type: Notice
Date: 2009-01-26
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 settlement agreement to address petitions for review filed by the Sierra Club, Desert Citizens Against Pollution, Downwinders At Risk, Friends of Hudson, Huron Environmental Activist League, Montanans Against Toxic Burning, the Portland Cement Association, the State of New York, the State of Connecticut, the State of Delaware, the State of Illinois, the State of Maryland, the Commonwealth of Massachusetts, the State of Michigan Department of Environmental Quality, the State of New Jersey, and the Commonwealth of Pennsylvania Department of Environmental Protection (collectively ``Petitioners'') in the U.S. Court of Appeals for the District of Columbia Circuit. Portland Cement Association v. United States Environmental Protection Agency, No. 07-1046 and consolidated Nos. 07- 1048, 07-1049, and 07-1052. The various petitions for review challenge an EPA rule entitled ``National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry,'' published at 71 FR 76518 (Dec. 20, 2006) (``2006 Rule''). EPA has negotiated a proposed settlement agreement with the petitioners. Under the terms of the proposed settlement agreement, EPA has agreed to sign a notice of proposed rulemaking described in paragraph 1 of the agreement no later than March 31, 2009. EPA has agreed to take final action concerning the notice of proposed rulemaking described in paragraph 1 of the agreement no later than March 31, 2010.
Agency Information Collection Activities; Proposed Collection; Comment Request; Reporting Requirements Under EPA's National Partnership for Environmental Priorities, EPA ICR Number 2076.02, OMB Control Number 2050-0190
Document Number: E9-1424
Type: Notice
Date: 2009-01-23
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 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.
Beaches Environmental Assessment and Coastal Health Act
Document Number: E9-1397
Type: Notice
Date: 2009-01-23
Agency: Environmental Protection Agency
The Beaches Environmental Assessment and Coastal Health (BEACH) Act, signed into law on October 10, 2000, amended the Clean Water Act (CWA), to incorporate provisions to reduce the risk of illness to users of the Nation's recreational waters. Section 406(b) of the CWA, as amended by the BEACH Act, authorizes the U.S. Environmental Protection Agency (EPA) to award grants to eligible States, Territories, Tribes, and local governments to develop and implement programs for monitoring coastal recreation waters, including the Great Lakes, and notifying the public of the potential exposure to disease- causing microorganisms in these waters. EPA encourages coastal and Great Lakes States to apply for BEACH Act grants to implement effective and comprehensive coastal recreation water monitoring and public notification programs (``implementation grants''). EPA also encourages coastal and Great Lakes Tribes to apply for BEACH Act grants to develop effective and comprehensive coastal recreation water monitoring and public notification programs (``development grants'').
Science Advisory Board Staff Office; Clean Air Scientific Advisory Committee (CASAC); Notification of Public Teleconferences; of the Ambient Air Monitoring & Methods (AAMM) Subcommittee
Document Number: E9-1396
Type: Notice
Date: 2009-01-23
Agency: Environmental Protection Agency
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.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E9-1395
Type: Notice
Date: 2009-01-23
Agency: Environmental Protection Agency
EPA has no objections to the proposed project. Rating LO.
Environmental Impacts Statements; Notice of Availability
Document Number: E9-1394
Type: Notice
Date: 2009-01-23
Agency: Environmental Protection Agency
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Criteria for Classification of Solid Waste Disposal Facilities and Practices (Renewal), EPA ICR Number 1745.06, OMB Control Number 2050-0154
Document Number: E9-1276
Type: Notice
Date: 2009-01-23
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 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.
Multi-Agency Radiation Survey and Assessment of Materials and Equipment Manual
Document Number: Z9-975
Type: Notice
Date: 2009-01-22
Agency: Department of Energy, Environmental Protection Agency, Nuclear Regulatory Commission, Agencies and Commissions, Department of Defense
Approval and Promulgation of Implementation Plans; Nevada; Vehicle Inspection and Maintenance Program
Document Number: E9-903
Type: Rule
Date: 2009-01-22
Agency: Environmental Protection Agency
Under the Clean Air Act, EPA is approving certain revisions, and disapproving certain other revisions, to the Nevada State Implementation Plan submitted by the Nevada Division of Environmental Protection. These revisions relate to the application of the State's vehicle inspection and maintenance program to vehicles operated on Federal installations. EPA is also correcting certain plan revisions related to this subject that EPA previously approved in error. The intended effect is to ensure that vehicles operated on Federal installations are subject only to those requirements of the State's vehicle inspection and maintenance program that apply in the same manner and to the same extent to nongovernmental entities.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; NESHAP for Flexible Polyurethane Foam Fabrication, Renewal, EPA ICR Number 2027.04, OMB Control Number 2060-0516
Document Number: E9-1169
Type: Notice
Date: 2009-01-22
Agency: Environmental Protection Agency
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.
Adequacy Status of Motor Vehicle Emissions Budgets in Submitted San Joaquin Valley 8-Hour Ozone Reasonable Further Progress and Attainment Plan for Transportation Conformity Purposes; California
Document Number: E9-1110
Type: Notice
Date: 2009-01-22
Agency: Environmental Protection Agency
In this notice, EPA is notifying the public that the Agency has found that the motor vehicle emissions budgets for the years 2011, 2014 and 2017 from the San Joaquin Valley 2007 Ozone Plan are adequate for transportation conformity purposes. In this notice, EPA is also notifying the public that the Agency has found that the motor vehicle emissions budgets for the years 2008, 2020 and 2023 from the San Joaquin Valley 2007 Ozone Plan are inadequate for transportation conformity purposes. The San Joaquin Valley 2007 Ozone Plan was submitted to EPA on November 16, 2007 by the California Air Resources Board (CARB) as a revision to the California State Implementation Plan (SIP), and includes reasonable further progress and attainment demonstrations for the 8-hour ozone standard. On February 1, 2008, CARB submitted supplemental technical information related to reasonable further progress for the 8-hour ozone standard in San Joaquin Valley. As a result of our adequacy findings, the San Joaquin Valley Metropolitan Planning Organizations and the U.S. Department of Transportation must use the adequate budgets, and cannot use the inadequate budgets, for future conformity determinations.
Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges From Horse, Cattle and Dairy Concentrated Animal Feeding Operations (CAFOs) in New Mexico (Except Indian Country)
Document Number: E9-1200
Type: Notice
Date: 2009-01-21
Agency: Environmental Protection Agency
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.
Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of Propylene Carbonate and Dimethyl Carbonate
Document Number: E9-1150
Type: Rule
Date: 2009-01-21
Agency: Environmental Protection Agency
This action revises EPA's definition of volatile organic compounds (VOCs) for purposes of preparing state implementation plans (SIPs) to attain the national ambient air quality standard for ozone under Title I of the Clean Air Act (Act). This revision adds the compounds propylene carbonate and dimethyl carbonate to the list of compounds which are excluded from the definition of VOC on the basis that these compounds make a negligible contribution to tropospheric ozone formation.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; 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
Document Number: E9-1144
Type: Notice
Date: 2009-01-21
Agency: Environmental Protection Agency
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.
Finding of Failure To Submit a Required State Implementation Plan Revision for 1-Hour Ozone Standard, California-San Joaquin Valley-Reasonably Available Control Technology
Document Number: E9-1107
Type: Rule
Date: 2009-01-21
Agency: Environmental Protection Agency
EPA is finding that California has failed to submit, for the San Joaquin Valley extreme 1-hour ozone nonattainment area, a State Implementation Plan (SIP) revision required by Clean Air Act (CAA) sections 172(c)(1), 182(b)(2) and 182(f). These CAA sections require that SIPs provide for the implementation of reasonably available control technology on major stationary sources of volatile organic compounds (VOC) and oxides of nitrogen (NOX) as well as certain other sources. Under the CAA, this finding triggers the 18- month time clock for mandatory application of sanctions and 2-year time clock for a federal implementation plan.
Board of Scientific Counselors (BOSC), Executive Committee Meeting-February 9-10, 2009
Document Number: E9-1105
Type: Notice
Date: 2009-01-21
Agency: Environmental Protection Agency
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.
Multi-Agency Radiation Survey and Assessment of Materials and Equipment Manual
Document Number: E9-975
Type: Notice
Date: 2009-01-16
Agency: Department of Energy, Environmental Protection Agency, Nuclear Regulatory Commission, Agencies and Commissions, Department of Defense
The Department of Defense (DoD), Department of Energy (DOE), U.S. Environmental Protection Agency (EPA), and the U.S. Nuclear Regulatory Commission (NRC) are announcing the availability of the final ``Multi-Agency Radiation Survey and Assessment of Materials and Equipment manual'' (MARSAME). MARSAME provides information on planning, conducting, evaluating, and documenting radiological surveys for demonstrating compliance with measurable action levels. The MARSAME manual is a multi-agency consensus document. The agencies previously have sought public comment in order to receive feedback from the widest range of interested parties and to ensure that all information relevant to developing the document was received. The agencies reviewed public comments received on the draft MARSAME as well as comments from a concurrent, independent, technical peer review. Suggested changes were incorporated, where appropriate, in response to those comments.
Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2009
Document Number: E9-945
Type: Proposed Rule
Date: 2009-01-16
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Implementation Plans; New Jersey Reasonable Further Progress Plans, Reasonably Available Control Technology, Reasonably Available Control Measures and Conformity Budgets
Document Number: E9-944
Type: Proposed Rule
Date: 2009-01-16
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is proposing action on portions of two State Implementation Plan revisions submitted by New Jersey that are intended to meet several Clean Air Act (Act) requirements for attaining the 0.08 part per million (ppm) 8-hour ozone national ambient air quality standards. EPA is proposing approval of: The 2008 reasonable further progress plan and associated 2008 ozone projection year emission inventories, contingency measures for the 2008 reasonable further progress plan, 2008 conformity budgets used for planning purposes, and the reasonably available control measure analysis. In addition, EPA is proposing a conditional approval of New Jersey's efforts to meet the reasonably available control technology requirement. The intended effect of this action is to approve those programs that meet Act requirements and to further achieve emission reductions that will be critical to attainment of the national ambient air quality standard for ozone in New Jersey's two nonattainment areas.
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E9-908
Type: Notice
Date: 2009-01-16
Agency: Environmental Protection Agency
EPA expressed environmental concerns about biological resource and dredging impacts. Rating EC2.
California State Nonroad Engine and Vehicle Pollution Control Standards; Authorization of Transport Refrigeration Unit Engine Standards, Notice of Decision
Document Number: E9-907
Type: Notice
Date: 2009-01-16
Agency: Environmental Protection Agency
EPA today, pursuant to section 209(e) of the Clean Air Act (Act), 42 U.S.C. 7543(e), is granting California its request for authorization to enforce its Airborne Toxic Control measure (ATCM) establishing in-use emission performance standards for engines in transport refrigeration units (TRUs) and TRU generator sets that will be phased-in commencing in December 31, 2008.
Environmental Impacts Statements; Notice of Availability
Document Number: E9-902
Type: Notice
Date: 2009-01-16
Agency: Environmental Protection Agency
Proposed Rule To Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision on Subpart 1 Area Reclassification and Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard; Proposed Deletion of Obsolete 1-Hour Ozone Standard Provision
Document Number: E9-806
Type: Proposed Rule
Date: 2009-01-16
Agency: Environmental Protection Agency
The EPA proposes to revise the rule for implementing the 1997 8-hour ozone national ambient air quality standard (NAAQS) for several of the limited portions of the rule vacated by the U.S. Circuit Court of Appeals for the District of Columbia. The proposal addresses the classification system for the subset of initial 8-hour ozone nonattainment areas that the implementation rule originally covered under Clean Air Act (CAA or Act) title I, part D, subpart 1. The proposal also addresses how 1-hour ozone contingency measures that apply for failure to attain or make reasonable progress toward attainment of the 1-hour standard should apply under the anti- backsliding provisions of the implementation rule. In addition, the proposal removes language relating to the vacated provisions of the rule that provided exemptions from the requirements of nonattainment new source review (NSR) and CAA section 185 penalty fees under the 1- hour standard. The EPA plans to issue a separate proposed rule providing additional guidance as to how these two requirements (185 fees and NSR) now apply. In addition, this proposal includes the deletion of an obsolete provision in the 1-hour ozone standard itself.
Emamectin; Pesticide Tolerances
Document Number: E9-625
Type: Rule
Date: 2009-01-16
Agency: Environmental Protection Agency
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.
Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule Requirements-Amendments
Document Number: E9-830
Type: Proposed Rule
Date: 2009-01-15
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or the Agency) is proposing to amend the Spill Prevention, Control, and Countermeasure (SPCC) rule to tailor and streamline the requirements for the dairy industry. Specifically, EPA proposes to exempt milk containers and associated piping and appurtenances from the SPCC requirements provided they are constructed according to the current applicable 3-A Sanitary Standards, and are subject to the current applicable Grade ``A'' Pasteurized Milk Ordinance (PMO) or a State dairy regulatory requirement equivalent to the current applicable PMO. This proposal addresses concerns raised specifically by the dairy sector on the applicability of the SPCC requirements to milk containers.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking
Document Number: E9-816
Type: Proposed Rule
Date: 2009-01-15
Agency: Environmental Protection Agency
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.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation and Project Netting
Document Number: E9-815
Type: Rule
Date: 2009-01-15
Agency: Environmental Protection Agency
The EPA is taking final action on one part of the September 14, 2006 Federal Register proposed rule for the New Source Review (NSR) program. The purpose of the proposed rule was to clarify for sources and permitting authorities three aspects of the NSR program aggregation, debottlenecking, and project nettingthat pertain to how to determine what emissions increases and decreases to consider in determining major NSR applicability for modified sources. This final action addresses only aggregation. This action retains the current rule text for aggregation and interprets that rule text to mean that sources and permitting authorities should combine emissions when activities are ``substantially related.'' It also adopts a rebuttable presumption that activities at a plant can be presumed not to be substantially related if they occur three or more years apart. With respect to the other two components of the originally proposed rule, the EPA is taking no action on the proposed rule for project netting and, by way of a separate document published in the ``Proposed Rules'' section of this Federal Register, is withdrawing the proposed provisions for debottlenecking.
Finding of Failure To Submit State Implementation Plans Required by the 1999 Regional Haze Rule
Document Number: E9-779
Type: Rule
Date: 2009-01-15
Agency: Environmental Protection Agency
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.