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

This document proposes minor revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subpart C. EPA is proposing this action to establish a uniform listing of commodity terms.

EPA is proposing to approve the State Implementation Plan (SIP) revisions submitted by the Commonwealth of Kentucky on September 12, 2005, and March 24, 2006. The first revision provides Kentucky's response to EPA's regulations entitled, ``Finding of Significant Contribution and Rulemaking for Certain States in Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone,'' otherwise known as the ``Nitrogen Oxides (NOX) SIP Call Phase I.'' The second revision responds to EPA's regulations entitled, ``Interstate Ozone Transport: Response to Court Decisions on the NOX SIP Call, NOX SIP Call Technical Amendments, and Section 126 Rules,'' otherwise known as the `` NOX SIP Call Phase II.'' The NOX SIP Call Phase II revision satisfies EPA's rule that requires Kentucky to submit Phase II revisions necessary to achieve applicable, incremental reductions of NOX. The intended effect of the Phase II SIP revision is to reduce emissions of NOX originating in the Commonwealth of Kentucky to help attain and maintain the national ambient air quality standard for ozone. The March 24, 2006, final submittal stopped the federal implementation plan clock that started on February 8, 2006, when EPA made a finding that Kentucky failed to submit the required SIP for Phase II of the NOX SIP Call by April 1, 2005.

The United States Environmental Protection Agency (EPA) is announcing the Stakeholder Briefing of the Mid-Atlantic/Northeast Visibility Union (MANE-VU). This meeting will deal with matters relative to Regional Haze and visibility improvement in Federal Class I areas within MANE-VU.

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 November 30, 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) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee to review and approve the draft report of the CASAC Carbon Monoxide Review Panel regarding the review of EPA's Integrated Science Assessment for Carbon Monoxide: First External Review Draft (March 2009).

In this notice, EPA is announcing the revised Drinking Water State Revolving Fund (DWSRF) allotments that will be provided to the States, the District of Columbia, Puerto Rico, U.S. Territories, American Indian Tribes, and Alaska Native Villages if the President's budget request for Fiscal Year 2010 is enacted. These allotments reflect the results from EPA's most recent Drinking Water Infrastructure Needs Survey and Assessment, which was released on March 26, 2009. The revised State allotment percentages will be the basis for distributing the DWSRF program appropriations to the States for the four years from Fiscal Years 2010 through 2013.

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 a request by the registrant Bayer CropScience to voluntarily amend a product registration to terminate use of ethoprop in or on pineapple. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the request, or unless the registrant withdraws their request within this period. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order.

The Environmental Protection Agency (EPA) is announcing a public meeting regarding the Agency's recent regulation on the definition of solid waste under Subtitle C of the Resource Conservation and Recovery Act (RCRA). Specifically, EPA is currently reviewing a petition filed with the Administrator under RCRA section 7004(a) requesting that the Agency reconsider and repeal the recently promulgated revisions to the definition of solid waste for hazardous secondary materials being reclaimed, and is soliciting comments and information to assist the agency in evaluating the petition. EPA does not plan to repeal the rule, but is interested in receiving comments on possible revisions to the rule. Persons may register to speak at the

On April 15, 2009, the California Air Resources Board (CARB) requested that EPA find that the Ventura County ozone nonattainment area has attained the revoked 1-hour ozone National Ambient Air Quality Standard (NAAQS). After a review of this submission and of the relevant monitoring data, EPA is making such a finding.

This regulation establishes tolerances for residues of acibenzolar-S-methyl in or on onion, bulb, subgroup 3-07A; and vegetable, cucurbit, group 9. It also removes the section 18 time- limited tolerance on onion, bulb which is superseded by the new tolerance on onion, bulb, subgroup 3-07A. Interregional Research Project Number 4 (IR-4) and Syngenta Crop Protection requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This document corrects errors in the amendatory instructions regarding EPA's action to convert Maryland regulations governing volatile organic compound (VOC) reasonable available control technology (RACT) from conditional limited approval to full approval.

Under the Clean Air Act, as amended by Sections 201, 202, and 210 of the Energy Independence and Security Act of 2007, the Environmental Protection Agency is required to promulgate regulations implementing changes to the Renewable Fuel Standard program. The revised statutory requirements specify the volumes of cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that must be used in transportation fuel each year, with the volumes increasing over time. The revised statutory requirements also include new definitions and criteria for both renewable fuels and the feedstocks used to produce them, including new greenhouse gas emission thresholds for renewable fuels. For the first time in a regulatory program, an assessment of greenhouse gas emission performance is being utilized to establish those fuels that qualify for the four different renewable fuel standards. As mandated by the revised statutory requirements, the greenhouse gas emission assessments must evaluate the full lifecycle emission impacts of fuel production including both direct and indirect emissions, including significant emissions from land use changes. The proposed program is expected to reduce U.S. dependence on foreign sources of petroleum by increasing domestic sources of energy. Based on our lifecycle analysis, we believe that the expanded use of renewable fuels would provide significant reductions in greenhouse gas emissions such as carbon dioxide that affect climate change. We recognize the significance of using lifecycle greenhouse gas emission assessments that include indirect impacts such as emission impacts of indirect land use changes. Therefore, in this preamble we have been transparent in breaking out the various sources of greenhouse gas emissions included in the analysis and are seeking comments on our methodology as well as various options for determining the lifecycle greenhouse gas emissions (GHG) for each fuel. In addition to seeking comments on the information in this document and its supporting materials, the Agency is conducting peer reviews of critical aspects of the lifecycle methodology. The increased use of renewable fuels would also impact criteria pollutant emissions, with some pollutants such as volatile organic compounds (VOC) and nitrogen oxides (NOX) expected to increase and other pollutants such as carbon monoxide (CO) and benzene expected to decrease. The production of feedstocks used to produce renewable fuels is also expected to impact water quality.

EPA expressed environmental concerns about adverse impacts on water quality, sensitive species and habitat. Additional information is needed on seasonal closures, monitoring, and enforcement commitments. Rating EC2.

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. This ICR describes the nature of the information collection and its estimated burden and cost.

EPA is proposing to approve a request submitted by the Michigan Department of Environmental Quality (MDEQ) on October 26, 2007, to revise the Michigan State Implementation Plan (SIP). The State has requested revisions to two rules in Part 6, ``Emission Limitations and ProhibitionsExisting Sources of Volatile Organic Compound (VOC) Emissions.'' The State has revised R 336.1660 by adopting by reference, with some modifications, the amended Ozone Transport Commission Model Rule published on September 13, 2006. The State has amended the definition of VOC in R 336.1661 by adopting the Federal definition from 40 CFR 51.100.

The EPA is announcing an extension of the public comment period for the draft document titled ``Risk and Exposure Assessment to Support the Review of the SO2 Primary National Ambient Air Quality Standards: Second Draft'' (74 FR 18573). The EPA is extending the comment period that originally ends on May 20, 2009. The extended comment period will close on June 11, 2009. The EPA is extending the comment period to provide stakeholders and the public with adequate time to conduct appropriate analysis and prepare meaningful comments.

The United States Environmental Protection Agency (``EPA'') is proposing to enter into an administrative settlement agreement (``Settlement Agreement'') with Barry Bronze Bearing Company, Inc., Paul J. DeCoursey, Jr., and Clifford J. DeCoursey (the ``Settling Parties'') pursuant to Section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9622. The Settlement Agreement provides for Settling Parties' payment of certain response costs incurred at the Barry Bronze Bearing Company Site located within the City of Camden, Camden County, New Jersey (``Site'').

Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the Lilburn Mercury Spill Superfund Site located in Lilburn, Gwinnett County, Georgia for publication.

This regulation establishes an 18-month exemption from the requirement of a tolerance for residues of the Bacillus thuringiensis Cry1A.105 protein in or on the food and feed commodities cotton seed, cotton seed oil, cotton seed meal, cotton hay, cotton hulls, cotton forage and cotton gin byproducts when used as a plant-incorporated protectant. Monsanto Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting a time-limited exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus thuringiensis Cry1A.105 protein in or on the food and feed commodities cotton seed, cotton seed oil, cotton seed meal, cotton hay, cotton hulls, cotton forage and cotton gin byproducts. This tolerance exemption expires and is revoked on November 22, 2010.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from April 13, 2009 through April 24, 2009, consists of the PMNs and pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

Louisiana has applied to the EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The 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 Louisiana'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.

In accordance with the requirements of section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed Settlement Agreement for Recovery of Past Response Costs (``Agreement'') under section 122(h)(1)of CERCLA, 42 U.S.C. 9622(h)(1), concerning the Bueno Mine and Mill Site located adjacent to Jamestown in Boulder County, Colorado. This Agreement, as embodied in a CERCLA section 122(h) Settlement Agreement for Recovery of Past Response Costs, is designed to resolve the liability at the Site for Ozark- Mahoning Company and its parents Delaware Chemicals Corporation and Arkema Inc. (``Settling Parties'') for past work and past response costs through covenants under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607. The proposed Agreement requires the Settling Party to pay $1,321,619 to the EPA Hazardous Substances Superfund.

This notice announces EPA's approval of applications for test marketing exemptions (TMEs) under section 5(h)(1) of the Toxic Substances Control Act (TSCA) and 40 CFR 720.38. EPA has designated these applications as TME-08-01; TME-08-02; TME-08-03; TME-08-04; TME- 08-05; TME-08-06; TME-08-07; TME-08-08; TME-08-09; TME-08-10; TME-08- 11; TME-08-12; TME-08-13; TME-08-14; TME-08-15; TME-08-16; TME-08-17; TME-08-19; and TME-08-20. The test marketing conditions are described in each TME application and in this notice.

The Environmental Protection Agency (EPA) is announcing the availability of a software package, referred to as CostPro, which will estimate the costs of RCRA Closure and Post-Closure care. Persons interested in obtaining a copy of the software package can contact EPA for a copy of this software.