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

In this action, EPA is reaffirming the promulgation of certain revisions of the Acid Rain Program rules. These revisions have been in effect since mid-2006. Most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program, which has achieved significant, cost-effective reductions in sulfur dioxide (SO2) emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the Clean Air Interstate Rule (CAIR) and the final Federal Implementation Plans for CAIR (CAIR FIPs). On July 11, 2008, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision vacating and remanding CAIR and the CAIR FIPs. On December 23, 2008, in response to petitions for rehearing, the Court modified its July 11, 2008 decision and remanded CAIR and the CAIR FIPs but without a vacatur. These revisions

EPA is proposing several related actions affecting the Cleveland-Akron-Lorain, Ohio 8-hour ozone nonattainment area. EPA is proposing to make a determination under the Clean Air Act (CAA) that the Cleveland-Akron-Lorain nonattainment area has attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The Cleveland- Akron-Lorain area includes Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit Counties. This determination is based on quality-assured ambient air quality monitoring data for the 2006-2008 ozone seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the area. EPA is also proposing to approve, as a revision to the Ohio State Implementation Plan (SIP), the State's plan for maintaining the 8-hour ozone NAAQS through 2020 in the area. EPA is proposing to approve a request from the State of Ohio to redesignate the Cleveland-Akron-Lorain area to attainment of the 8-hour ozone NAAQS. The Ohio Environmental Protection Agency (Ohio EPA) submitted this request on March 17, 2009, and supplemented it on April 24, 2009.

The United States Environmental Protection Agency's (EPA) Environmental Financial Advisory Board (EFAB) will hold an open meeting on August 10-11, 2009. EFAB is an EPA advisory committee chartered under the Federal Advisory Committee Act (FACA) to provide advice and recommendations to EPA on creative approaches to funding environmental programs, projects, and activities.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 2, of a proposed settlement agreement pursuant to Section 122(h) of CERCLA, 42 U.S.C. 9622(h), in accordance with EPA ``ability-to-pay'' policies, with Crumb's Trailer Park, LLC (the ``Settling Party''), a New York limited liability corporation which is a potentially responsible party, pursuant to CERCLA, for a removal response action conducted by EPA at the Crumb Trailer Park Superfund Site (``Site'') in the Village of West Winfield, Herkimer County, New York. The Site includes a 2.6-acre parcel of real property that had been occupied as a mobile home facility. The removal response action included the placement of a soil cover over contaminated soils at the Site, the imposition of institutional controls to prohibit residential use of the Site and the relocation, pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), of the residents of the mobile home facility at the Site to an adjacent mobile home facility on property owned by the Settling Party. EPA has estimated the value of the settlement at $132,600. Pursuant to the settlement, the Settling Party will lease to the relocated residents at their existing rents for at least forty-two (42) months, will impose institutional controls at the Site property to prohibit residential use of that property and will perform specified post-removal Site controls. The settlement includes a covenant by EPA not to sue nor to take administrative action against the Settling Party pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, with regard to the Site. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region 2 offices, 290 Broadway, New York, New York 10007-1866.

EPA is notifying the public that it has received negative declarations for large Municipal Waste Combustion (MWC) units from the Nashville/Davidson County Metropolitan Health Department, Knox County Department Air Quality Management, and Memphis-Shelby County Health Department in Tennessee. These negative declarations certify that large MWC units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) do not exist in areas covered by the local air pollution control programs of Nashville/Davidson County, Knox County, and Memphis-Shelby County, Tennessee.

EPA is notifying the public that it has received negative declarations for Hospital/Medical/Infectious Waste Incinerator (HMIWI) units from the State of Tennessee and the Commonwealth of Kentucky. These negative declarations certify that HMIWI units subject to the requirements of sections 111(d) and 129 of the Clean Air Act (CAA) do not exist in areas covered by the air pollution control programs of Tennessee Division of Air Pollution Control and Kentucky Division for Air Quality.

EPA is taking direct final action to approve the State Implementation Plan (SIP) revision submitted by the Georgia Department of Natural Resources (DNR), through the Georgia Environmental Protection Division (EPD), on June 25, 2008. The revisions include modifications to Georgia's Air Quality Rules found at Chapters 391-3- 1-.01, and 391-3-1-.02, pertaining to ``Definitions,'' and ``Emission Limitations and Standards,'' respectively. This action is being taken pursuant to section 110 of the Clean Air Act (CAA).

EPA is taking direct final action to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern particulate matter (PM-10) emissions from open outdoor fires and from wood burning devices. We are approving local rules under the Clean Air Act as amended in 1990 (CAA or the Act).

EPA is taking direct final action to approve revisions to the Monterey Bay Unified Air Pollution Control District (MBUAPCD) and Placer County Air Pollution Control District (PCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from storage tanks and the operation of steam drive crude oil production wells. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

Pursuant to section 304(a) of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) is announcing the availability of updated national recommended water quality criteria for the protection of human health for acrolein and phenol. These criteria are based on EPA's Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000), EPA-822-B-00-004 (2000 Human Health Methodology) and supercede criteria for these chemicals previously published by EPA. EPA's recommended section 304(a) water quality criteria are guidance to States and authorized Tribes in adopting water quality standards for protecting human health and provide guidance to EPA for promulgating Federal regulations under CWA section 303(c), when such action is necessary.

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public teleconference and a face- to-face meeting of the SAB Risk and Technology Review Assessment Methodologies Panel to review the Agency's draft methodologies for performing assessments of residual risk featuring case studies from the Petroleum Refineries and Portland Cement Manufacturing source categories.

EPA is approving the Clean Air Act (CAA) section 111(d)/129 State Plan submitted by the Memphis-Shelby County Health Department (MSCHD) for the City of Memphis, Tennessee on February 16, 2006 (State Plan). The State Plan is for implementing and enforcing the Emissions Guidelines (EG) applicable to existing Hospital/Medical/Infectious Waste Incinerator (HMIWI) units that commenced construction on or before June 20, 1996.

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 Supporting Statement, Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies. The ICR, which is abstracted below, describes the nature of the information collection activity and its expected burden and costs.

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. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

Pursuant to provisions in the Clean Air Act (Act) which allow EPA to correct State Implementation Plan (SIP) actions made in error, EPA is taking final action to correct an error in part of its June 12, 2006 approval of an amendment to Indiana's ozone SIP. In today's action, EPA is rescinding its approval of the inclusion of the state's codified definition of hazardous air pollutant (HAP) in Indiana's ozone SIP.

This notice announces EPA's receipt of an application 62719- EUP-AE from Dow AgroSciences requesting an experimental use permit (EUP) for sulfuryl fluoride. 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.

This notice announces the availability of EPA's Revised Reregistration Eligibility Decision (RED) for the allethrins series of pesticides. EPA amended the allethrins RED to include an assessment of a registered use for the allethrins (use in commercial animal housing automatic misting systems), which was not considered in the original RED.

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) (OMB Control No. 2040-0270). This ICR is scheduled to expire on November 30, 2009. Before submitting the proposed information collection renewal to OMB for review and approval, EPA is requesting public comments on this submission, as described below.

The U.S. Environmental Protection Agency (EPA) is inviting nominations from a diverse range of qualified candidates to be considered for appointment to fill vacancies on the National Advisory Committee (NAC) and the Governmental Advisory Committee (GAC) to the U.S. Representative to the Commission for Environmental Cooperation (CEC). Vacancies on these two committees are expected to be filled by fall 2009. We encourage nominations to be submitted as soon as possible. Additional sources may be utilized in the solicitation of nominees.

EPA is announcing a listening session to be held on Monday, July 6, 2009, during the public comment period for the external review draft document titled, ``Toxicological Review of 1,4-Dioxane: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-09/005). EPA is also announcing that Versar, 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 titled, ``Toxicological Review of 1,4- Dioxane: In Support of Summary Information on the Integrated Risk Information System (IRIS) (EPA/635/R-09/005).'' The public may also attend this workshop as observers through a registration process, and time will be set aside for observers to give brief oral comments at the workshop regarding the draft document under review. EPA will consider public comments and recommendations from the expert panel workshop as EPA finalizes the draft document.

On May 6, 2009, EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry (74 FR 21136). EPA has received a request from a major environmental group to schedule additional public hearings and to schedule those hearings later than the original public hearing date. Given the significant public interest in this rule and to further public participation opportunities, EPA is granting the request and has scheduled three public hearings. These hearings will occur in Los Angeles, California on June 16, 2009, Dallas, Texas on June 17, 2009, and Arlington, Virginia on June 18, 2009. More information on the locations is shown in SUPPLEMENTARY INFORMATION.

EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from organic solvent cleaning and degreasing operations. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

The Environmental Protection Agency (EPA) Region 4 is issuing a Notice of Intent to Delete the Callaway & Son Drum Services Superfund Site (Site) located in Lake Alfred, Polk County, Florida, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Florida, through the Florida Department of Environmental Protection, have determined that all appropriate response actions under CERCLA, other than five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

EPA is reopening the comment period for the proposed rule entitled ``Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Particulate Matter Emissions From Stationary Sources'' that was proposed in the Federal Register on March 25, 2009. The 60-day comment period in the proposed rule ended on May 26, 2009. The reopened comment period will close on June 26, 2009. EPA is reopening the comment period because of a request we received in a timely manner.