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

The Tribal Pesticide Program Council (TPPC) will hold a 2-day meeting beginning on Thursday, March 12, 2009 and ending on Friday, March 13, 2009. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of West Virginia. This revision establishes and requires ambient air quality standards for sulfur oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide, and lead equivalent to the national primary and secondary ambient air quality standards. This action is being taken under the Clean Air Act (CAA).

EPA is revising the area source category list by changing the name of the ``Secondary Aluminum Production'' category to ``Aluminum Foundries'' and the ``Nonferrous Foundries, not elsewhere classified (nec)'' category to ``Other Nonferrous Foundries.'' At the same time, EPA is proposing national emission standards for the Aluminum Foundries, Copper Foundries, and Other Nonferrous Foundries area source categories. These proposed emission standards for new and existing sources reflect EPA's proposed determination regarding the generally available control technology or management practices for each area source category.

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 July 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.

EPA expressed environmental concerns about potential impacts to air quality, as well as water supply and water quality; and requested that the Final EIS account for drought conditions and impaired stream impacts. EPA also requested that the DOA consider encumbrances that would be protective of water quality and encourage local community participation in the implementation of the proposed action. Rating EC1.

EPA is announcing a public comment period for the external review draft document titled, ``Toxicological Review of Halogenated Platinum Salts and Platinum Compounds: In Support of Summary Information on the Integrated Risk Information System (IRIS)''. This document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development 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 peer-review meeting for their consideration. When finalizing the draft document, EPA will consider any public comments that EPA receives in accordance with this notice. 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.

Oklahoma has applied to the EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. The EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments which oppose this authorization during the comment period, the decision to authorize Oklahoma's changes to its hazardous waste program will take effect. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.

This notice announces EPA's receipt of an application 524-EUP- 1 from Monsanto Company requesting to amend and extend an experimental use permit (EUP) for the plant-incorporated protectant (PIP) Bacillus thuringiensis Cry1Ac protein and the genetic material necessary for its production (vector PV-GMIR9) in MON 87701 soybean. The Agency has determined that the permit may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.

EPA is proposing to correct its rule entitled ``Procedures for Implementing the National Environmental Policy Act and Assessing the Effects Abroad of EPA Actions,'' which was published September 19, 2007. Since the final rule became effective on October 19, 2007, EPA has received inquiries about some minor inconsistencies and ambiguities in the final rule. This action involves four minor, technical corrections to the rule to address those issues. The first correction expands the definition of ``applicants'' to include those who request EPA approvals. The second change clarifies that a categorical exclusion includes vacant land. The third change corrects the text to indicate that the number of extraordinary circumstances is ten. The last change expands Subpart C to apply to EPA approvals as well as permits and assistance grants. In the ``Rules and Regulations'' section of this Federal Register, we have made these four changes as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Environmental Integrity Project, Refinery Reform Campaign, Citizens For Environmental Justice, and Suzie Canales (collectively ``Plaintiffs'') in the United States District Court for the District of Columbia: Environmental Integrity Project, et al. v. Johnson, No. 1:09-cv-00088 RJL (D.D.C.). Plaintiffs filed a deadline suit to compel the Administrator to respond to an administrative petition seeking EPA's objection to a CAA Title V operating permit issued by the Texas Commission on Environmental Quality to Citgo Refining and Chemicals Company (``Citgo'') for a refinery plant in Corpus Christi, Texas. Under the terms of the proposed consent decree, EPA has agreed to respond to the petition by April 30, 2009.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), as amended, 42 U.S.C. 9622(i), notice is hereby given of a proposed Administrative Agreement for Recovery of Past Response Costs (``Agreement,'' Region 9 Docket No. 9-2009-04) pursuant to Section 122(h) of CERCLA concerning the Atlas Iron and Metal Site (the ``Site''), located in Los Angeles, Los Angeles County, California. The settling parties are S&W Atlas Iron and Metal Co., Inc., and 10019 S. Alameda LLC (``Respondents''). Through the proposed Agreement, the Respondents will reimburse the United States $74,000 for response costs incurred at the Site. The Agreement provides Respondents with a covenant not to sue for response costs at the Site, and contribution protection. For thirty (30) days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed Agreement. The Agency's response to any comments received will be available for public inspection at EPA's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105.

Under the Federal Advisory Committee Act, Pub. L. 92463, EPA gives notice of a public teleconference of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT represents diverse interests from academia, industry, non-governmental organizations, and local, State, and tribal governments. EPA asked NACEPT to identify issues and challenges that EPA will face over the next 10 years, and the approaches the Agency might take to address those issues. The purpose of this teleconference is to discuss and approve draft NACEPT recommendations that address these issues. A copy of the agenda for the meeting will be posted at https://www.epa.gov/ ocem/nacept/cal-nacept.htm.

The EPA Science Advisory Board (SAB) Staff Office announces two public meetings of the SAB Radiation Advisory Committee (RAC) augmented with additional experts to review the draft EPA document entitled ``EPA Radiogenic Cancer Risk Models and Projections for the U.S. Population,'' December 2008.