Environmental Protection Agency March 25, 2009 – Federal Register Recent Federal Regulation Documents

The U.S. Environmental Protection Agency (EPA) is announcing the availability of the final document The U.S. Environmental Protection Agency's Strategic Plan for Evaluating the Toxicity of Chemicals (EPA 100/K-09/001). The purpose of the Strategic Plan is to serve as a blueprint for EPA in incorporating advances in molecular biology and computational sciences into toxicity testing and risk assessment practices across the Agency. The Strategic Plan is centered on three interrelated components: (1) Toxicity pathways identification and use of this information in screening and prioritization of chemicals for further testing, (2) the use of toxicity pathways information in risk assessment, and (3) the institutional transition necessary to implement such practices across EPA. This Strategic Plan describes an ambitious and substantive improvement in the efficiency and effectiveness of the process by which environmental pollutants are evaluated for toxicity and risk. A workgroup of EPA's Science Policy Council oversaw the development of this document, incorporating input obtained from an external peer review.

The State of New Mexico has applied to the EPA for final authorization to administer the provisions of the Used Oil program under the Resource Conservation and Recovery Act (RCRA). The EPA has determined that the statutes and regulations of the State of New Mexico Used Oil program 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 New Mexico'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.

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 Oklahoma, except those discharges on Indian Country. CAFOs discharging on Indian Country would be required to apply for an individual permit.

EPA is taking direct final action to approve revisions to the Commonwealth of Virginia's State Implementation Plan (SIP). This revision pertains to a State operating permit containing terms and conditions for the control of emissions of volatile organic compounds (VOCs) from Reynolds Consumer Products Company located in Richmond, Virginia. The submittal is for the purpose of meeting the requirements for reasonably available control technology (RACT) in order to implement the maintenance plan for the Richmond 8-hour ozone maintenance area. EPA is approving the revision to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

EPA is taking final action to fully approve revisions to the Maryland State Implementation Plan (SIP). The revisions pertain to Maryland's major source volatile organic compound (VOC) reasonable available control technology (RACT) regulation. EPA is converting the conditional limited approval status of Maryland's VOC RACT regulations to a full approval because EPA has approved all of the case-by-case RACT determinations submitted by Maryland pursuant to the generic provisions of its VOC RACT regulation as well as all of the RACT requirements for categories of VOC sources submitted by Maryland in accordance with the requirements of the Clean Air Act (CAA).

EPA is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. This revision establishes a limited maintenance plan for the Providence Rhode Island carbon

EPA is taking direct final action to approve a revision to the West Virginia State Implementation Plan (SIP). The SIP revision amends a regulation to control air pollution from combustion of refuse. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA).

The Environmental Protection Agency's Environmental Laboratory Advisory Board (ELAB), as previously announced, will have teleconference meetings on April 15, 2009 at 1 p.m. ET; May 20, 2009 at 1 p.m. ET; June 17, 2009 at 1 p.m. ET; and July 15, 2009 at 1 p.m. ET to discuss the ideas and views presented at the previous ELAB meetings, as well as new business. Items to be discussed by ELAB over these coming meetings include: (1) Expanding the number of laboratories seeking National Environmental Laboratory Accreditation Conference (NELAC) accreditation; (2) proficiency testing; (3) ELAB support to the Agency's Forum on Environmental Measurements (FEM); (4) implementing the performance approach; and (5) follow-up on some of ELAB's past recommendations and issues. In addition to these teleconferences, ELAB will be hosting their next face-to-face meeting on August 10, 2009 at the Hyatt Regency San Antonio in San Antonio, TX at 9 a.m. (CT).

EPA is amending certain regulations to reflect the current delegation status of national emission standards for hazardous air pollutants in California. Amador County Air Pollution Control District and San Diego County Air Pollution Control District requested delegation of these federal standards as they apply to non-major sources. Their delegation requests were approved by letter on September 4, 2008. The purpose of this action is to update the listing in the Code of Federal Regulations. EPA Region IX is also waiving the need for duplicate reporting after a California district is delegated these federal standards applicable to non-major sources.

Pursuant to section 112(l) of the 1990 Clean Air Act, EPA granted to the Amador County Air Pollution Control District and San Diego County Air Pollution Control District delegation of specific national emission standards for hazardous air pollutants (NESHAPs) as they apply to non-major sources. This delegation was granted on September 4, 2008. EPA is proposing to amend certain regulations to reflect the current delegation status of NESHAP in California.

EPA is approving revisions to the Kentucky State

EPA is proposing to approve revisions to the Kentucky State Implementation Plan (SIP) concerning the 8-hour ozone maintenance plans

EPA is taking final action to promulgate Performance Specification (PS) 16 for predictive emissions monitoring systems (PEMS). Performance Specification 16 provides testing requirements for assessing the acceptability of PEMS when they are initially installed. Currently, there are no Federal rules requiring the use of PEMS; however, some sources have obtained Administrator approval to use PEMS as alternatives to continuous emissions monitoring systems (CEMS). Other sources may desire to use PEMS in cases where initial and operational costs are less than CEMS and process optimization for emissions control may be desirable. Performance Specification 16 will apply to any PEMS required in future rules in 40 CFR Parts 60, 61, or 63, and in cases where a source petitions the Administrator and receives approval to use a PEMS in lieu of another emissions monitoring system required under the regulation. We are also finalizing minor technical amendments.

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.

This regulation establishes an exemption from the requirement of a tolerance for residues of triethanolamine (CAS Reg. No. 102-71-6) when used as an inert ingredient in pesticide formulations applied to growing crops under 40 CFR 180.920. Bayer CropScience, LP submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an expansion of the existing Sec. 180.920 exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of triethanolamine.

This notice announces EPA's order for the cancellation, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide fomesafen, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a December 31, 2008 Federal Register Notice of Receipt of Request from the fomesafen registrant to voluntarily cancel all their fomesafen product registrations. Fomesafen is a pre-plant, pre-emergence and post- emergence herbicide used on soybeans, snap beans, dry beans, and cotton. It is also registered for use on agricultural fallow/idleland, nonagricultural uncultivated areas/soils, pine (forest/shelterbelt) and pine (seed orchard). These are not the last fomesafen products registered for use in the United States. In the December 31, 2008 Notice, EPA indicated that it would issue an order implementing the cancellations, 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 cancellations. Any distribution, sale, or use of the fomesafen products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

This regulation establishes an exemption from the requirement of a tolerance for residues of castor oil, ethoxylated, oleate, minimum number average molecular weight (in amu) 2,000, (CAS No. 220037-02-05); when used as an inert ingredient in a pesticide chemical formulation. Goldschmidt Chemical Corporation 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 castor oil, ethoxylated, oleate on food or feed commodities.

This action proposes amendments to Methods 201A and 202. The proposed amendments to Method 201A would add a particle-sizing device to allow for sampling of particulate matter (PM) with mean aerodynamic diameters less than or equal to 2.5 micrometers ([mu]m) (PM2.5 or fine PM). The proposed amendments to Method 202 would revise the sample collection and recovery procedures of the method to reduce the formation of reaction artifacts that could lead to inaccurate measurements of condensable particulate matter (CPM). Additionally, the proposed amendments to Method 202 would eliminate most of the hardware and analytical options in the existing method, thereby increasing the precision of the method and improving the consistency in the measurements obtained between source tests performed under different regulatory authorities. Finally, in this notice we are soliciting comments on whether to end the transition period for CPM in the New Source Review (NSR) program on a date earlier than the current end date of January 1, 2011. The proposed amendments would improve the measurement of fine particulates and would help State and local agencies in implementing CPM control measures to attain the PM2.5 National Ambient Air Quality Standards (NAAQS) which were established to protect public health and welfare.

Notice is being provided that the following petitions (PP 0E6102, 1E6427, 2E6388, 2E6509, 4E6868, 5E7013, 5E7014, 5F7018, 6E7047, 6E7048, 6E7056, 6E7164, 6E7165, 7E7213, 7E7309, 7E7238, 7F7295 and 9E5075) to establish pesticide tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, have been withdrawn by the petitioners.