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

Pesticide Tolerance Nomenclature Changes; Proposed Technical Amendment
Document Number: E9-12566
Type: Proposed Rule
Date: 2009-05-29
Agency: Environmental Protection Agency
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.
Update of Continuous Instrumental Test Methods; Correction
Document Number: E9-12565
Type: Rule
Date: 2009-05-29
Agency: Environmental Protection Agency
EPA published a final rule in the Federal Register on May 22, 2008, that made technical corrections to five test methods. Inadvertent printing errors were made in the publication. Text insertions were misplaced, duplicate insertions were made, and the definition for system bias was inadvertently revised. The purpose of this action is to correct these errors.
Approval and Promulgation of Implementation Plans; Kentucky; NOX
Document Number: E9-12557
Type: Proposed Rule
Date: 2009-05-29
Agency: Environmental Protection Agency
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.
Biennial Determination of the Waste Isolation Pilot Plant's Compliance With Applicable Federal Environmental Laws for the Period 2006 to 2008
Document Number: E9-12555
Type: Notice
Date: 2009-05-29
Agency: Environmental Protection Agency
Based on documentation submitted by the U.S. Department of Energy (DOE) for the Waste Isolation Pilot Plant (WIPP), the U.S. Environmental Protection Agency (EPA or ``we'') determined that between 2006 and 2008, DOE operated the WIPP facility in compliance with applicable Federal statutes, regulations, and permit requirements designated in Section 9(a)(1) of the WIPP Land Withdrawal Act, as amended. The Secretary of Energy was notified of the determination via a letter from EPA Administrator Lisa P. Jackson dated May 22, 2009.
Meeting of the Mid-Atlantic/Northeast Visibility Union (MANE-VU) Stakeholder Briefing
Document Number: E9-12552
Type: Notice
Date: 2009-05-29
Agency: Environmental Protection Agency
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.
Meeting of the Ozone Transport Commission
Document Number: E9-12551
Type: Notice
Date: 2009-05-29
Agency: Environmental Protection Agency
The United States Environmental Protection Agency is announcing the 2009 Annual Meeting of the Ozone Transport Commission (OTC). This OTC meeting will explore options available for reducing ground-level ozone precursors in a multi-pollutant context.
Environmental Impacts Statements; Notice of Availability
Document Number: E9-12550
Type: Notice
Date: 2009-05-29
Agency: Environmental Protection Agency
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E9-12547
Type: Notice
Date: 2009-05-29
Agency: Environmental Protection Agency
EPA expressed environmental concerns about the lack of water quality modeling for a potential Harris Lake discharge and the need for a more detailed wetlands delineation concerning the transmission corridor. Rating EC2.
Agency Information Collection Activities; Proposed Collection; Comment Request; Information Collection Activities Associated With EPA's ENERGY STAR Program in the Residential Sector; EPA ICR No. 2193.02, OMB Control No. 2060-0586
Document Number: E9-12467
Type: Notice
Date: 2009-05-29
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 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.
Science Advisory Board Staff Office; Notification of Two Public Teleconferences of the Science Advisory Board Radiation Advisory Committee Augmented for the Review of EPA's Radiogenic Cancer Risk Assessment
Document Number: E9-12480
Type: Notice
Date: 2009-05-28
Agency: Environmental Protection Agency
The EPA Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Radiation Advisory Committee (RAC) to discuss its draft review report of EPA's draft document entitled ``EPA Radiogenic Cancer Risk Models and Projections for the U.S. Population,'' December 2008.
Science Advisory Board Staff Office; Notification of a Public Teleconference of the Clean Air Scientific Advisory Committee (CASAC)
Document Number: E9-12477
Type: Notice
Date: 2009-05-28
Agency: Environmental Protection Agency
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).
Notice Regarding National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for Storm Water Discharges Associated With Industrial Activity
Document Number: E9-12472
Type: Notice
Date: 2009-05-28
Agency: Environmental Protection Agency
EPA previously announced the issuance in EPA Regions 1, 2, 3, 5, 6, 9, and 10 of the NPDES general permit for stormwater discharges from industrial activity, also referred to as the 2008 Multi-Sector General Permit (MSGP), in the Federal Register of September 29, 2008 (73 FR 56572). The permit was signed on September 29, 2008 and became effective on September 29, 2008. On February 26, 2009 (74 FR 8789), EPA issued the MSGP to certain states, federal facilities, and Indian Country located in EPA Region 10 after receipt of certifications pursuant to section 401 of the Clean Water Act (CWA). Today's notice of availability provides notice of EPA's deletion of a portion of a specific State's CWA Section 401 certification condition from Part 9.1.2.5 of the 2008 MSGP for the State of Massachusetts.
State Allotment Percentages for the Drinking Water State Revolving Fund Program
Document Number: E9-12470
Type: Notice
Date: 2009-05-28
Agency: Environmental Protection Agency
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.
Etoxazole; Pesticide Tolerances
Document Number: E9-12292
Type: Rule
Date: 2009-05-27
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of etoxazole in or on stone fruit; plum; prune; spearmint tops and oil; peppermint tops and oil; tomato; and cucumber. This regulation also deletes the existing cherry tolerance, as it will be superseded by inclusion in the stone fruit crop group. The Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Ethoprop; Notice of Receipt of Request to Voluntarily Amend a Pesticide Registration to Terminate a Use
Document Number: E9-12287
Type: Notice
Date: 2009-05-27
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Proposed Collection; Comment Request; Part B Permit Application, Permit Modifications, and Special Permits, EPA ICR Number 1573.12, OMB Control Number 2050-0009
Document Number: E9-12285
Type: Notice
Date: 2009-05-27
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 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.
Definition of Solid Waste Public Meeting
Document Number: E9-12283
Type: Proposed Rule
Date: 2009-05-27
Agency: Environmental Protection Agency
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
Approval and Promulgation of Air Quality Implementation Plans; California; Finding of Attainment of the 1-Hour Ozone Standard for the Ventura County Area
Document Number: E9-12137
Type: Proposed Rule
Date: 2009-05-27
Agency: Environmental Protection Agency
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 proposing to make such a finding.
Approval and Promulgation of Air Quality Implementation Plans; California; Determination of Attainment of the 1-Hour Ozone Standard for the Ventura County Area
Document Number: E9-12135
Type: Rule
Date: 2009-05-27
Agency: Environmental Protection Agency
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.
Standards of Performance for Coal Preparation and Processing Plants
Document Number: E9-11912
Type: Proposed Rule
Date: 2009-05-27
Agency: Environmental Protection Agency
EPA is proposing a supplemental action to the proposed amendments to the new source performance standards for coal preparation and processing plants published on April 28, 2008. The 2008 proposal, among other things, proposed to revise the particulate matter and opacity standards for thermal dryers, pneumatic coal cleaning equipment, and coal handling equipment located at coal preparation and processing plants. This supplemental action proposes to revise the particulate matter emissions and opacity limits included in the original proposal for thermal dryers, pneumatic coal-cleaning equipment, and coal handling equipment. It also proposes to expand the applicability of the thermal dryer standards so that the proposed standards for thermal dryers would apply to both direct contact and indirect contact thermal dryers drying all coal ranks and pneumatic coal-cleaning equipment cleaning all coal ranks. In addition, it proposes to establish a sulfur dioxide emission limit and a combined nitrogen oxide and carbon monoxide emissions limit for thermal dryers. We are also proposing to amend the definition of coal for purposes of subpart Y to include petroleum coke and coal refuse. Finally, it proposes to establish work practice standards to control coal dust emissions from open storage piles and roadways associated with coal preparation and processing plants.
Acibenzolar-S-methyl; Pesticide Tolerances
Document Number: E9-12142
Type: Rule
Date: 2009-05-26
Agency: Environmental Protection Agency
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).
SFIREG Full Committee Meeting
Document Number: E9-12141
Type: Notice
Date: 2009-05-26
Agency: Environmental Protection Agency
The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) will hold a 2-day meeting, beginning on June 22, 2009 and ending June 23, 2009. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Reasonably Available Control Technology Requirements for Volatile Organic Compounds: Correction
Document Number: E9-12139
Type: Rule
Date: 2009-05-26
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Proposed Collection; Comment Request; Regulations.gov Information Collection; OMB Control No. 2025-0008, EPA ICR No. 2357.02
Document Number: E9-12132
Type: Notice
Date: 2009-05-26
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 replace an emergency Information Collection Request (ICR) to the Office of Management and Budget (OMB). This emergency ICR was approved by OMB on May 18, 2009. Before submitting this ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program
Document Number: E9-10978
Type: Proposed Rule
Date: 2009-05-26
Agency: Environmental Protection Agency
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.
Environmental Impact Statements; Notice of Availability
Document Number: E9-12012
Type: Notice
Date: 2009-05-22
Agency: Environmental Protection Agency
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E9-12011
Type: Notice
Date: 2009-05-22
Agency: Environmental Protection Agency
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.
Notice of Upcoming Joint Rulemaking To Establish Vehicle GHG Emissions and CAFE Standards
Document Number: E9-12009
Type: Notice
Date: 2009-05-22
Agency: Environmental Protection Agency, Department of Transportation
There is a critically important need for our country to
Agency Information Collection Activities; Proposed Collection; Comment Request; Cooling Water Intake Structures at Phase III Facilities (Renewal), EPA ICR No. 2169.04, OMB Control No. 2040-0268
Document Number: E9-12008
Type: Notice
Date: 2009-05-22
Agency: Environmental Protection Agency, [epa-Hq-Ow-2008-0719, Frl-8909-2]
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.
Approval and Promulgation of Air Quality Implementation Plans; Michigan; Consumer Products Rule
Document Number: E9-11915
Type: Rule
Date: 2009-05-22
Agency: Environmental Protection Agency
EPA is approving 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 submitted revisions to two rules in Part 6, ``Emission Limitations and Prohibitions-Existing Sources of Volatile Organic Compound (VOC) Emissions.'' First, the State has revised R 336.1660 by adopting by reference, with some modifications, the Ozone Transport Commission's September 13, 2006, Model Rule (Model Rule). Second, the State has amended R 336.1661 by adopting by reference the Federal definition of ``volatile organic compound.''
Approval and Promulgation of Air Quality Implementation Plans; Michigan; Consumer Products Rule
Document Number: E9-11913
Type: Proposed Rule
Date: 2009-05-22
Agency: Environmental Protection Agency
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.
Notice of Disclosure of Confidential Business Information Obtained Under the Comprehensive Environmental Response, Compensation and Liability Act to EPA Authorized Representative, Utah Department of Environmental Quality
Document Number: E9-11922
Type: Notice
Date: 2009-05-21
Agency: Environmental Protection Agency
EPA hereby complies with the requirements of 40 CFR 2.310(h)(3) for notice of disclosure to its authorized representative, the Utah Department of Environmental Quality (``UDEQ''), Superfund confidential business information (``CBI'') which has been submitted to EPA Region 8, Office of Ecosystems Protection and Remediation.
Second Draft Risk and Exposure Assessment Report for Sulfur Dioxide (SO2
Document Number: E9-11917
Type: Notice
Date: 2009-05-21
Agency: Environmental Protection Agency
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.
Approval of Proposed Interpollutant Trading Request; Pennsylvania; Control of Fine Particulate Matter: Notice of Availability
Document Number: E9-11911
Type: Notice
Date: 2009-05-21
Agency: Environmental Protection Agency
This action announces the availability of EPA's approval of a request submitted by the Commonwealth of Pennsylvania to approve the use of sulfur dioxide (SO2) emission reduction credits to offset increased emissions of fine particulate matter (PM2.5) in the York County PM2.5 nonattainment area. EPA is approving this request in accordance with the Clean Air Act (CAA).
Proposed Administrative Settlement Agreement Under Section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act for the Barry Bronze Bearing Company Site, Located in Camden, Camden County, NJ
Document Number: E9-11910
Type: Notice
Date: 2009-05-21
Agency: Environmental Protection Agency
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'').
Approval and Promulgation of Implementation Plans Georgia: Revisions to State Implementation Plan
Document Number: E9-11909
Type: Proposed Rule
Date: 2009-05-21
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Environmental Protection Division (GA EPD) in three submittals dated October 31, 2006, March 5, 2007, and August 22, 2007. The submittals include modifications to Georgia's Rules for Air Quality Control, Chapter 391- 3-1. The October 31, 2006, revision includes changes to ``Permit Exemption for Combustion Equipment.'' The March 5, 2007, revisions include changes to ``NOX (Nitrogen Oxides) Emissions from Electric Utility Steam Generating Units,'' and ``Emission Statements.'' Finally, the August 22, 2007, submittal contains revisions to ``Volatile Organic Compound,'' ``Provisions,'' and ``Stationary Engines.'' EPA is not acting on the August 22, 2007, revisions to rule 391-3-1-.03(6) ``Exemptions, Combustion Equipment'' in this action. EPA is also not acting on the August 22, 2007, revisions to rule 391-3- 1-.03(9), as it is not part of the federally-approved SIP. These submittals included revisions to Georgia's Prevention of Signification Deterioration and Nonattainment New Source Review programs, which EPA
Lilburn Mercury Spill Superfund Site; Lilburn, Gwinnett County, GA; Notice of Settlement
Document Number: E9-11829
Type: Notice
Date: 2009-05-20
Agency: Environmental Protection Agency
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.
Notice of Receipt of a Clean Air Act Waiver Application To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Extension of Comment Period
Document Number: E9-11785
Type: Notice
Date: 2009-05-20
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (``EPA''), in response to many requests from the public, is extending the public comment period on the waiver application to increase the allowable ethanol content of gasoline to 15 percent (``E15'') which was submitted by Growth Energy and 54 ethanol manufacturers on March 6, 2009. EPA published notice of receipt and request for comment in the Federal Register for Growth Energy's application on April 21, 2009 (74 FR 18228). The public comment period was to end on May 21, 2009. The purpose of this document is to extend the comment period an additional 60 days until July 20, 2009. This extension of the comment period is provided to allow the public additional time to respond to the legal and technical issues raised in the application. This action does not extend the 270-day statutory deadline for the Administrator to grant or deny the E15 waiver request, which ends on December 1, 2009.
Bacillus thuringiensis
Document Number: E9-11759
Type: Rule
Date: 2009-05-20
Agency: Environmental Protection Agency
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.
Good Neighbor Environmental Board
Document Number: E9-11751
Type: Notice
Date: 2009-05-20
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, Public Law 92-463, 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. 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 to provide advice on environmental and infrastructure issues along the US/Mexico Border.
Certain New Chemicals; Receipt and Status Information
Document Number: E9-11749
Type: Notice
Date: 2009-05-20
Agency: Environmental Protection Agency
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.
Certain New Chemicals; Receipt and Status Information
Document Number: E9-11748
Type: Notice
Date: 2009-05-20
Agency: Environmental Protection Agency
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 March 23, 2009 through April 10, 2009, consists of the PMNs and TME, both 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. Premanufacturer Notices P09-87 thru P09-129 which covered the time period of December 2, 2008 through December 18, 2008 were inadvertaly left out of the Federal Register and are included in this notice.
Louisiana: Final Authorization of State Hazardous Waste Management Program Revision
Document Number: E9-11747
Type: Rule
Date: 2009-05-20
Agency: Environmental Protection Agency
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.
Louisiana: Final Authorization of State Hazardous Waste Management Program Revisions
Document Number: E9-11746
Type: Proposed Rule
Date: 2009-05-20
Agency: Environmental Protection Agency
The State of Louisiana has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant Final authorization to the State of Louisiana. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.
Proposed CERCLA Settlement Agreement for Recovery of Past Response Costs Incurred at the Bueno Mill and Mine Site Located Adjacent to Jamestown in Boulder County, CO
Document Number: E9-11745
Type: Notice
Date: 2009-05-20
Agency: Environmental Protection Agency
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.
An Approach To Using Toxicogenomic Data in U.S. EPA Human Health Risk Assessments: A Dibutyl Phthalate (DBP) Case Study
Document Number: E9-11744
Type: Notice
Date: 2009-05-20
Agency: Environmental Protection Agency
EPA is announcing that Eastern Research Group, Inc., an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer- review workshop to review the external review draft document titled, ``An Approach to Using Toxicogenomic Data in U.S. EPA Human Health Risk Assessments: A Dibutyl Phthalate Case Study'' (EPA/600/R-09/028A). The EPA also is announcing a 30-day public comment period for the draft document. The draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development. EPA is interested in developing methods to use genomic data most effectively in risk assessments performed at the Agency. NCEA developed this draft report for the purpose of describing an approach to using toxicogenomic data in risk assessment and illustrating the approach with a case study.
Approval of Test Marketing Exemptions for Certain New Chemicals
Document Number: E9-11743
Type: Notice
Date: 2009-05-20
Agency: Environmental Protection Agency
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.
Protection of Stratospheric Ozone: Request for Critical Use Exemption Applications for 2012
Document Number: E9-11742
Type: Notice
Date: 2009-05-20
Agency: Environmental Protection Agency
EPA is soliciting applications for the critical use exemption from the phaseout of methyl bromide for 2012 and beyond. This exemption is an annual exemption and all entities interested in obtaining a critical use exemption must provide EPA with technical and economic information to support a ``critical use'' claim and must do so by the deadline specified in this notice even if they have previously applied for an exemption. Today's notice also invites interested parties to provide EPA with new data on the technical and economic feasibility of methyl bromide alternatives.
Notice of Availability of RCRA Closure and Post-Closure Care Cost Estimating Software
Document Number: E9-11741
Type: Notice
Date: 2009-05-20
Agency: Environmental Protection Agency
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.
Public Hearing for the RFS2 Rule
Document Number: E9-11644
Type: Proposed Rule
Date: 2009-05-20
Agency: Environmental Protection Agency
The EPA is announcing a public hearing to be held for the proposed rule ``Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program'' (the proposed rule is hereinafter referred to as ``RFS2''), which will be published separately in the Federal Register. The hearing will be held in Washington, DC on June 9, 2009.