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

This notice announces the availability for comment of the administrative record files for 12 TMDLs and the calculations for these TMDLs prepared by EPA Region 6 for waters listed in the Atchafalaya River and the Mississippi River Basins of Louisiana, under Section 303(d) of the Clean Water Act (CWA). These TMDLs were completed in response to a court order in the lawsuit styled Sierra Club, et al. v. Clifford, et al., No. 96-0527, (E.D. La.).

This notice announces the Agency's receipt of several initial filings of pesticide petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

On July 14, 2009 (74 FR 33950), EPA published a rule proposing limited approval and limited disapproval of a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan. The revision concerned SJVUAPCD Rule 3170, Federally Mandated Ozone Nonattainment Fee. We are withdrawing this previously published rule, and in this Federal Register, we are publishing a proposed rule that replaces the July 14, 2009, proposed rule.

The National Oceanic and Atmospheric Administration (NOAA) and Environmental Protection Agency (EPA) invite public comment on the agencies' intention to fully approve New Jersey's Coastal Nonpoint Source Pollution Control Program. Federal approval of such state programs is required under the Coastal Zone Act Reauthorization Amendments. Final approval would satisfy conditions that the agencies previously identified to the State to ensure conformity with required guidance specifying management measures to protect coastal waters from nonpoint source pollution.

A meeting of the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) will be held on September 9-11, 2009, in Research Triangle Park, NC. At

This notice announces the Agency's receipt of several initial filings of pesticide petitions proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

EPA has authorized its contractor's Wholly-Owned Subsidiary, Abt SRBI of New York, NY, to access information which has been submitted to EPA under all sections of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

EPA is approving revisions to the Michigan State Implementation Plan (SIP) submitted on July 16, 2007, and on June 10,

The U.S. Environmental Protection Agency (EPA) is announcing a 15-day public comment period for the external peer review draft of ``Using Probabilistic Methods to Enhance the Role of Risk Analysis in Decision-Making With Case Study Examples,'' a white paper, and the ``Manager's Summary'' of the same document. All comments received by the closing date of September 1, 2009 will be shared with the external peer review panel for their consideration. Comments received after the close of the comment period may be considered by EPA when it finalizes the document. These draft interim papers do not represent and should not be construed to represent any EPA policy, viewpoint, or determination. Members of the public may obtain the draft documents from https://www.regulations.gov; or https://www.epa.gov/raf/ prawhitepaper; or from Gary Bangs via the contact information below.

EPA is proposing to approve revisions to the Michigan abbreviated State Implementation Plan (SIP) submitted on July 16, 2007

The Environmental Protection Agency (EPA) Region 2 is publishing a direct final Notice of Deletion of the Island Chemical Corp/Virgin Islands Chemical Corp. (Site), located in St. Croix, U.S. Virgin Islands, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the territory of U.S. Virgin Islands, through the Virgin Islands Department of Planning and Natural Resources (VIDPNR), because EPA has determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

EPA is proposing to approve revisions to the Pinal County portion of the Arizona State Implementation Plan (SIP). These revisions concern particulate matter (PM) emissions from construction, earthmoving, and related activities, and commercial and residential unpaved parking lots. 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 2 is issuing a Notice of Intent to Delete the Island Chemical Corp/Virgin Islands Chemical Corp. (Site) located in St. Croix, Virgin Islands, 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 of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the Territory of U.S.Virgin Islands, through the Virgin Islands Department of Planning and Natural Resources have determined that all appropriate response actions under CERCLA, have been completed. However, this deletion does not preclude future actions under Superfund.

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 of a proposed settlement embodied in an amendment to an Administrative Order on Consent, Index No. CERCLA-02-2001-2020 (``Order''). The Order was issued to the International Business Machines Corporation (``IBM'') in connection with the Shenandoah Road Groundwater Contamination Superfund Site, East Fishkill, Dutchess County, New York (``Site''). The amendment to the Order was signed by the U.S. Environmental Protection Agency (``EPA'' or the ``Agency'') on June 15, 2009, and contains a covenant not to sue under Section 122(h) of CERCLA, 42 U.S.C. 9622(h). Under the proposed amendment, EPA is covenanting not to sue IBM for $50,000 of response costs, conditioned upon IBM's assistance to the Town of East Fishkill in acquiring waterline easements to properties at the Site, and upon IBM's performance of its obligations under the Order, including construction of an alternate water supply. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the amendment. EPA will consider all comments received and may modify or withdraw its consent to the covenant not to sue if comments received disclose facts or considerations that indicate that the proposed covenant not to sue is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at EPA, Region 2, 290 Broadway, New York, New York 10007-1866.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Sierra Club (``Plaintiff'') in the United States District Court for the Western District of Wisconsin: Sierra Club v. Jackson, No.3:09-cv-00122-slc (W.D. WI). Sierra Club filed a deadline suit to compel the Administrator to respond to an administrative petition seeking EPA's objection to a CAA Title V operating permit issued by the Wisconsin Department of Natural Resources to Wisconsin Power & Light Company's Columbia Generating Station (``CGS''), near Pardeeville, Wisconsin. Under the terms of the proposed consent decree, EPA has agreed to respond to the petition by September 18, 2009, or within 20 days of the entry date of this Consent Decree, whichever date is later.

The Acting Regional Administrator of EPA Region 10, is hereby granting a waiver of the Buy America requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the City for the purchase of resin beads (MIEX[supreg] DOC Resin) supplied by Orica Ltd, in Victoria, Australia and manufactured in Australia. The applicant indicates that MIEX[supreg] DOC Resin is necessary to the MIEX[supreg] process, a treatment process evaluated in pilot studies and selected for implementation. While the majority of other equipment is manufactured in the U.S., the MIEX[supreg] DOC Resin is only manufactured in Australia. It is patented and no alternative exists which can be used with the MIEX[supreg] process. The Acting Regional Administrator is making this determination based on the review and recommendations of the Drinking Water Unit. The City has provided sufficient documentation to support their request.

EPA is approving a request submitted by the Ohio Environmental Protection Agency (Ohio EPA) on October 5, 2007, to revise the Ohio State Implementation Plan (SIP) under the Clean Air Act. The State has submitted new volatile organic compounds (VOCs) control rules for approval under Chapter 3745-112 of the Ohio Administrative Code (OAC). The rules include OAC 3745-112-01 to OAC 3745-112-08 and are intended to assist the State in achieving and/or maintaining the national 8-hour ground level ozone standard through the regulation of VOCs in consumer products. Ohio followed, with some modifications, the Ozone Transport Commission's ``Model Rule for Consumer Products,'' (Model Rule) in developing the State's submittal.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania for the purpose of amending the 8-hour ozone maintenance plan for the York-Adams 8-Hour Ozone Maintenance Area. This revision amends the maintenance plan's 2009 and 2018 motor vehicle emissions budgets (MVEBs) by unequally dividing the overall MVEBs into two sub-regional MVEBs for each county comprising the area. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of one meeting of the Board of Scientific Counselors (BOSC) Clean Air Subcommittee.

Notice is hereby given that the Commonwealth of Puerto Rico is revising its approved Public Water System Supervision Program to adopt EPA's National Primary Drinking Water Regulations for Lead and Copper: Short Term Regulatory Revisions and Clarifications; Final Rule. The EPA has determined that these revisions are no less stringent than the corresponding Federal regulations. Therefore, the EPA intends to approve these program revisions. All interested parties may request a public hearing.

The state of Colorado has applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to the hazardous waste program changes submitted by the state of Colorado. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes in an immediate final rule. EPA did not propose the rule prior to issuing the immediate final rule because the Agency believes this action is not controversial and does not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we receive written comments that oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and EPA will not take further action on this proposal. If the Agency receives comments that oppose this action, EPA will publish a document in the Federal Register

This regulation establishes an exemption from the requirement of a tolerance for residues of sodium lauryl sulfate (CAS Reg. No. 151- 21-3) when used as a component of food contact sanitizing solutions applied to all food contact surfaces in public eating places, dairy- processing equipment, and food-processing equipment and utensils at a maximum level in the end-use concentration of 350 parts per million (ppm). ETI H2O 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 sodium lauryl sulfate.

This notice announces EPA's order for the cancellation of products containing the pesticide bromonitrostyrene, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows an August 27, 2008 Federal Register Notice of Receipt of Requests from the bromonitrostyrene registrants to voluntarily cancel all their bromonitrostyrene product registrations. These are the last bromonitrostyrene products registered for sale or distribution in the United States. In the August 27, 2008 Notice, EPA indicated that it would issue an order accepting the requests for voluntary cancellation and 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 registrants withdrew their requests within this period. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order accepting the requested cancellations and cancelling the affected registrations. Any distribution, sale, or use of the bromonitrostyrene products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information request unless it displays a currently valid OMB control number. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.