Environmental Protection Agency March 18, 2009 – Federal Register Recent Federal Regulation Documents
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Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
EPA is proposing to delay the effective date for the Environmental Protection Agency (``EPA'') rule addressing ``aggregation'' under the Prevention of Significant Deterioration (``PSD'') and the nonattainment New Source Review (``nonattainment NSR'') programs (collectively, ``NSR'') published in the Federal Register on January 15, 2009. This rule (the ``NSR Aggregation Amendments'') described when a source must combine (``aggregate'') nominally-separate physical changes and changes in the method of operation for the purpose of determining whether they are a single change resulting in a significant emissions increase. On January 30, 2009, the Natural Resources Defense Council (``NRDC'') submitted a petition for reconsideration (the ``NRDC Petition'') of the NSR Aggregation Amendments. In response to the NRDC Petition, EPA announced on February 13, 2009, that it would convene a reconsideration proceeding for the NSR Aggregation Amendments and would delay the effective date of the rule from February 17, 2009 until May 18, 2009. In this action, EPA is proposing an additional delay of the effective date of the NSR Aggregation Amendments and soliciting comment on the duration of this additional delay in order to allow for sufficient time to conduct the reconsideration proceeding.
Massachusetts Marine Sanitation Device Standard-Notice of Determination
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 Revere, Saugus, Lynn, Nahant, and Swampscott.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Notice of Arrival of Pesticides and Devices (FIFRA); EPA ICR No. 0152.09 OMB Control No. 2070-0020
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.
Board of Scientific Counselors, National Center for Environmental Research (NCER) Standing Subcommittee Meeting-2009
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) National Center for Environmental Research (NCER) Standing Subcommittee.
Science Advisory Board Staff Office; Notification of a Public Advisory Committee Meeting of the Clean Air Scientific Advisory Committee (CASAC); Sulfur Oxides Primary NAAQS Review Panel
The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee's (CASAC) Sulfur Oxides Primary NAAQS Review Panel (Panel) to conduct a peer review of the EPA's Risk and Exposure Assessment to Support the Review of the SO2 Primary National Ambient Air Quality Standards: Second Draft.
National Bed Bug Summit; Notice of Public Meeting
EPA is planning a meeting to be held on April 14 through April 15, 2009, on the topic of bed bug resurgence in the United States. The aim of the session will be to share information and knowledge on the topic of bed bugs and their newfound resurgence, provide a venue to identify ideas and opinions for their control, and develop recommendations as how affected stakeholders, communities, and local jurisdictions can begin to address the emerging nationwide bed bug problem. The agenda for this meeting is under development and will be posted on our website in advance of the meeting and also placed in the docket for this meeting.
Clean Water Act Section 303(d): Availability of List Decisions
This notice announces the availability of EPA's final action identifying water quality limited segments and associated pollutants in New Mexico to be listed pursuant to Clean Water Act Section 303(d), and request for public comment. Section 303(d) requires that states submit and EPA approve or disapprove lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards and for which total maximum daily loads (TMDLs) must be prepared. On February 6, 2009, EPA approved and disapproved New Mexico's 2008 Section 303(d) submittal. Specifically, EPA approved New Mexico's listing of 338 water body-pollutant combinations and associated priority rankings. EPA disapproved New Mexico's decisions not to list one water quality limited segments (or one water body-pollutant combination) and to list two water quality limited segments (or two water body-pollutant combinations). For the disapproval decision not to list one water quality limited segment, EPA identified this additional water body and pollutant along with priority ranking for inclusion on New Mexico's 2008 Section 303(d) List. EPA is providing the public the opportunity to review its final decisions to both list and de-list waters and pollutants to New Mexico's 2008 Section 303(d) List, as required by EPA's Public Participation regulations (40 CFR part 25). EPA will consider public comments and if necessary amend its final action on the listing and de- listing of water bodies and pollutants identified on New Mexico's Final 2008 Section 303(d) List.
Adequacy of Virginia's Municipal Solid Waste Landfill Program
On March 22, 2004, the U.S. EPA issued final regulations allowing research, development, and demonstration (RD&D) permits to be issued to certain municipal solid waste landfills (MSWLF) by approved states. On September 19, 2008 Virginia submitted an application to U.S. EPA Region 3 seeking approval of its RD&D requirements. Virginia's RD&D requirements allow Virginia to issue research, development and demonstration (RD&D) permits to owners and operators of MSWLF units in accordance with state law. Subject to public review and comment, this notice approves Virginia's RD&D permit requirements.
Review of the National Ambient Air Quality Standards for Particulate Matter
On or about February 27, 2009, the Office of Air Quality Planning and Standards (OAQPS) of EPA is making available for public review and comment two planning documents titled: Particulate Matter National Ambient Air Quality Standards: Scope and Methods Plan for Health Risk and Exposure Assessment; and Particulate Matter National Ambient Air Quality Standards: Scope and Methods Plan for Urban Visibility Impact Assessment. These documents describe EPA's planned approach for developing quantitative analyses as part of the review of the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). EPA is releasing these planning documents to seek consultation with the Clean Air Scientific Advisory Committee (CASAC) and to solicit public comments.
Public Water System Supervision Program Revision for the State of Arkansas
Notice is hereby given that the State of Arkansas is revising its approved Public Water System Supervision Program adopting regulations for the Ground Water Rule (GWR), promulgated by EPA on November 26, 2006. The GWR will provide for increased protection against microbial pathogens in public water systems that use ground water sources. EPA has determined that the proposed GWR revisions are no less stringent than the corresponding Federal regulations. Therefore, EPA proposes to approve these program revisions.
Pyraclostrobin; Pesticide Tolerances for Emergency Exemptions
This regulation establishes time-limited tolerances for combined residues of pyraclostrobin and its desmethoxy metabolite in or on sugarcane, cane and sugarcane, molasses. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on sugarcane. This regulation establishes a maximum permissible level for residues of pyraclostrobin and its desmethoxy metabolite in these food. The time-limited tolerances expire and are revoked on December 31, 2011.
Carbofuran; Product Cancellation Order
This notice announces EPA's order for the cancellation of some registrations and termination of certain uses, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide carbofuran, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a December 19, 2008 (73 FR 77690; FRL-8389- 4) Federal Register Notice of Receipt of Request from the carbofuran registrant to voluntarily cancel some registrations and terminate uses of certain end-use products containing the pesticide carbofuran. These are not the last carbofuran products registered for use in the United States. In the December 19, 2008 notice, EPA indicated that it would issue an order implementing the cancellations and amendments to terminate uses, 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 received two anonymous comments on the notice, but neither merited further review of the requests. Further, the registrant did not withdraw their request, but submitted a letter clarifying the product registrations that they intended to cancel. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellations and use terminations. Any distribution, sale, or use of the carbofuran products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Formaldehyde, Polymer with 2-Methyloxirane and 4-Nonylphenol; Tolerance Exemption
This regulation establishes an exemption from the requirement of a tolerance for residues of formaldehyde, polymer with 2- methyloxirane and 4-nonylphenol (CAS Reg. No. 37523-33-4); when used as an inert ingredient in a pesticide chemical formulation. Akzo Nobel Surface Chemistry, LLC, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of formaldehyde, polymer with 2-methyloxirane and 4-nonylphenol on food or feed commodities.
Pendimethalin; Pesticide Tolerances for Emergency Exemptions
This regulation establishes time-limited tolerances for combined residues of pendimethalin, [N-(1-ethylpropyl)-3,4-dimethyl- 2,6-dinitrobenzenamine] and its metabolite 4-[(1-ethylpropyl)amino]-2- methyl-3,5-dinitrobenzyl alcohol, in or on Bermuda grass forage and hay. This action is in response to crisis exemptions issued by the Texas Department of Agriculture and the Oklahoma Department of Agriculture under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on Bermuda grass pastures and hay fields. This regulation establishes a maximum permissible level for residues of pendimethalin in these feed commodities. The time-limited tolerances expire and are revoked on December 31, 2009.
Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations
In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of request by registrants to voluntarily cancel certain pesticide registrations.
Sodium Hydroxide (Mineral Bases, Strong) Registration Review Final Decision; Notice of Availability
This notice announces the availability of EPA's final registration review decision for the pesticide sodium hydroxide (mineral bases, strong), case 4065. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.
Registration Review; Pesticide Dockets Opened for Review and Comment
EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.
Capric (Decanoic) Acid Registration Review Final Decision; Notice of Availability
This notice announces the availability of EPA's final registration review decision for the pesticide Capric (Decanoic) Acid, case 5038. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.
Approval and Promulgation of Air Quality Implementation Plans; Alabama; Update to Materials Incorporated by Reference
EPA is publishing this action to provide the public with notice of the update to the Alabama State Implementation Plan (SIP) compilation. In particular, materials submitted by Alabama that are incorporated by reference (IBR) into the Alabama SIP are being updated to reflect EPA-approved revisions to Alabama's SIP that have occurred since the last update. In this action EPA is also notifying the public of the correction of certain typographical errors.
Caprylic (Octanoic) Acid; Antimicrobial Registration Review Final Work Plan and Proposed Registration Review Decision; Notice of Availability
This notice announces the availability of EPA's Final Work Plan and Proposed Registration Review Decision for the pesticide case Caprylic (Octanoic) Acid, and opens a public comment period on the proposed registration review decision. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, that the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.
Bromine; Inorganic Halides; Bromine Chloride Registration Review; Antimicrobial Pesticide Dockets Opened for Review and Comment
EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. Registration review is EPA's periodic review of pesticide registrations to ensure that each pesticide continues to satisfy the statutory standard for registration, that is, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. Through this program, EPA is ensuring that each pesticide's registration is based on current scientific and other knowledge, including its effects on human health and the environment.
Carbaryl; Amending Product Registrations to Terminate Uses and Eliminate Certain Application Methods
This notice announces EPA's order for the amendments to terminate uses and eliminate certain application methods, voluntarily requested by the registrants and accepted by the Agency, of products containing the pesticide carbaryl, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This order follows two Federal Register Notices of Receipt of Requests dated August 20, 2008 and October 15, 2008, respectively, from the carbaryl registrants to voluntarily terminate certain uses of and eliminate certain application methods for their carbaryl product registrations. These are not the last carbaryl products registered for use in the United States. In the August 20 and October 15, 2008 Notices, EPA indicated that it would issue an order implementing the amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests within this period. The Agency received five comments on the notice but none merited further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice an order granting the requested amendments to terminate uses and eliminate certain application methods. Any distribution, sale, or use of the carbaryl products subject to this order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
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