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

EPA is announcing an extension of the public comment period on our Advanced Notice of Proposed Rulemaking (ANPR) regarding our assessment of anticipated visibility improvements at surrounding Class I areas and the cost effectiveness of Best Available Retrofit Technology (BART) for Four Corners Power Plant and Navajo Generating Station (August 28, 2009). Through this notice, EPA extends the close of the ANPR comment period from September 28, 2009 until October 28, 2009.

In 2000, EPA announced the availability of final revisions to the Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000) (hereafter ``2000 Human Health Methodology'') published pursuant to section 304(a) (1) of the Clean Water Act (CWA). Along with the 2000 Human Health Methodology, EPA committed to publishing several technical support documents to provide additional detail to the Methodology document, including two documents that describe the development of bioaccumulation factors for use in ambient water quality criteria calculations. In 2003, EPA announced the release of the Technical Support Document Volume 2: Development of National Bioaccumulation Factors (hereafter ``National BAF TSD''). Today, the Agency is releasing the Technical Support Document, Volume 3: Development of Site-Specific Bioaccumulation Factors (hereafter ``Site-Specific BAF TSD'') that accompanies the Methodology and the National BAF TSD. EPA accepted scientific views on the draft document in two separate Federal Register Notices. The National BAF TSD contains technical details on how EPA develops national bioaccumulation factors for use in deriving national recommended ambient water quality criteria for protecting human health. The Site-Specific BAF TSD contains technical details on how States and Tribes may develop site-specific bioaccumulation factors for use in deriving site-specific ambient water quality criteria for protecting human health. The goal in deriving site-specific BAFs is to determine the most accurate estimates of bioaccumulation feasible for each site.

This regulation establishes tolerances for combined residues of thiamethoxam (3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N- nitro-4H-1,3,5-oxadiazin-4-imine) and its metabolite CGA-322704, [N-(2- chloro-thiazol-5-ylmethyl)-N'-methyl-N'-nitro-guanidine, calculated as the stoichiometric equivalent of thiamethoxam, in or on: avocado; berry, low growing, subgroup 13-07G, except cranberry; black sapote; bushberry subgroup 13-07B, except lingonberry and blueberry, lowbush; caneberry subgroup 13-07A; canistel; fruit, small, vine climbing, subgroup 13-07F, except fuzzy kiwifruit; mamey sapote; mango; papaya; rice, grain; sapodilla; star apple; and vegetable, root, subgroup 1A. Interregional Research Project Number 4 (IR-4) and Syngenta Crop Protection, Inc., requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). In addition, this regulation amends existing tolerances for combined residues of thiamethoxam and its metabolite CGA-322704 in or on: cattle, meat byproducts; goat, meat byproducts; horse, meat byproducts; and sheep, meat byproducts. Syngenta Crop Protection, Inc., requested these amended tolerances under FFDCA.

Under the Federal Advisory Committee Act, Public Law 92-463, EPA gives notice of a meeting of the National Advisory Committee (NAC) and Governmental Advisory Committee (GAC) to the U.S. Representative to the North American Commission for Environmental Cooperation (CEC). The National and Governmental Advisory Committees advise the EPA Administrator in her capacity as the U.S. Representative to the CEC Council. The Committees are authorized under Articles 17 and 18 of the North American Agreement on Environmental Cooperation (NAAEC), North American Free Trade Agreement Implementation Act, Public Law 103-182, and as directed by Executive Order 12915, entitled ``Federal Implementation of the North American Agreement on Environmental Cooperation.'' The NAC is composed of 12 members representing academia, environmental non-governmental organizations, and private industry. The GAC consists of 12 members representing State, local, and Tribal governments. The Committees are responsible for providing advice to the U.S. Representative on a wide range of strategic, scientific, technological, regulatory, and economic issues related to implementation and further elaboration of the NAAEC.

EPA is revising the format of its regulations for materials submitted by the State of New Hampshire that are incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by New Hampshire and approved by EPA.

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 requests by the registrants to amend their registrations to terminate uses of certain products containing the pesticide methyl bromide. The requests would terminate post harvest methyl bromide use in or on alfalfa hay and cottonseed. The requests would terminate alfalfa hay and cottonseed uses from all methyl bromide products registered for use in the United States. EPA intends to grant these requests 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 requests, or unless the registrants withdraw their requests within this period. Upon acceptance of these requests, 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.

This notice announces EPA's order for the cancellation of registrations, voluntarily requested by the registrants and accepted by the Agency, of certain rodenticide products containing the pesticides bromadiolone, bromethalin, cholecalciferol, diphacinone (and its sodium salt), warfarin (and its sodium salt), and zinc phosphide, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a December 24, 2008 Federal Register Notice of Receipt of Requests from several registrants to voluntarily cancel certain bromadiolone, bromethalin, cholecalciferol, diphacinone (and its sodium salt), warfarin (and its sodium salt), and zinc phosphide product registrations. These are not the last bromadiolone, bromethalin, cholecalciferol, diphacinone (and its sodium salt), warfarin (and its sodium salt), and zinc phosphide products registered for use in the United States. In the December 24, 2008 notice, EPA indicated that it would issue an order cancelling the products unless the Agency received substantive comments within the 180-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 granting the requested cancellations. Any distribution, sale, or use of the bromadiolone, bromethalin, cholecalciferol, diphacinone (and its sodium salt), warfarin (and its sodium salt), and zinc phosphide products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.

EPA is making available for comment an amended registration application submitted by Valent U.S.A. Corporation requesting the addition of multiple commodities onto the clothianidin technical and three end-use labels. Clothianidin Technical Insecticide is currently registered for formulation into end-use products labeled with terrestrial food, turf and ornamental, outdoor residential and non- residential uses. EPA is providing public notice of this amended registration application and an opportunity for the public to comment on the application.

This notice announces EPA's order for the cancellations and amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of products containing the pesticide organic arsenicals, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a July 8, 2009 Federal Register Notice of Receipt of Requests from the organic arsenical registrants to voluntarily cancel or amend to terminate uses of their organic arsenical product registrations.

This notice announces the availability of EPA's final registration review decision for the pesticide Pseudomonas fluorescens, case 6006. 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, that the pesticide can perform its intended function without causing unreasonable adverse effects on human health or the environment. 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.

EPA is announcing a public comment period for the external review draft document titled, ``Toxicological Review of Chloroprene: In Support of Summary Information on the Integrated Risk Information System (IRIS)''. EPA intends to consider comments and recommendations from the public and the expert peer-review workshop, which will be scheduled at a later date and announced in the Federal Register, when EPA finalizes the draft document. The public comment period will provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments submitted in accordance with this notice to the external peer-review panel prior to the meeting for their consideration.

EPA is reopening the comment period for a notice of proposed rulemaking (NPR) published on July 31, 2009 (74 FR 38154) and corrected on August 27, 2009 (74 FR 43653). In the NPR, EPA proposed to determine that Berkeley County, part of the Hagerstown-Martinsburg MD-WV nonattainment area; Wood County and the Grant Tax District in Pleasants County, part of the Parkersburg-Marietta WV-OH nonattainment area; and Marshall County and Ohio County, part of the Wheeling WV-OH nonattainment area for the 1997 National Ambient Air Quality Standard (NAAQS) for fine particulate (PM25) have clean data for the 1997 PM25 NAAQS. EPA received comments from EarthJustice pertaining to the design value calculations for the Hagerston- Martinsburg nonattainment area. EarthJustice also requested that the 2009 monitored data referred to in the proposed rule be made available as part of the record and that the proposed rule either be revised or the comment period reopened to allow the public to consider the data. EPA is therefore reopening the comment period and including the data that was relied upon for the clean data determination as well as the 2009 monitored data. The data relied upon by EPA is now provided in a Technical Support Document which is included in the record for this rulemaking. EPA is reopening the comment period through October 29, 2009. All comments received on or before October 29, 2009 will be entered into the public record and considered by EPA before taking final action on the proposed rule.

EPA is approving a Tribal Implementation Plan (``TIP'') submitted by the Mohegan Tribe of Indians of Connecticut (``the Tribe''). This revision adds new emission units to the Tribe's TIP, while maintaining an enforceable cap on nitrogen oxide emissions from stationary sources owned by the Mohegan Tribal Gaming Authority and located within the external boundaries of the Mohegan Reservation. The revision also provides the Administrator of The Mohegan Environmental Protection Department with enforcement authority for violations of the Mohegan TIP and establishes a right of appeal to the Director of Regulation and Compliance and the Mohegan courts. This action is intended to help attain the National Ambient Air Quality Standards (NAAQS) for ground-level ozone. This action is being taken in accordance with the Clean Air Act.

EPA is proposing to approve a revision to the Ohio State Implementation Plan (SIP), based on submittals dated July 15, 2009, and

The EPA Science Advisory Board (SAB) Staff Office is requesting nominations to form an ad hoc panel, under the auspices of the SAB, to provide expert advice to the EPA on a draft assessment of the ecological impacts associated with a surface coal mining technique known as mountaintop mining and valley-fill where mining overburden is placed in adjacent valleys. This assessment is being prepared by EPA's Office of Research and Development (ORD) at the request of EPA's Regional Office in Philadelphia, PA (Region 3).

EPA is determining that the Johnstown (Cambria and Indiana Counties), Lancaster (Lancaster County), Reading (Berks County), and York (York County), Pennsylvania nonattainment areas for the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standard (NAAQS) have clean data for the 1997 PM2.5 NAAQS.

Under the Federal Advisory Committee Act (Pub. L. 92-463), EPA gives notice of a meeting of the Gulf of Mexico Program (GMP) Citizens Advisory Committee (CAC).

Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated August 12, 2009, partially granting and partially denying a petition to object to a state operating permit issued by the Kentucky Division for Air Quality (KDAQ) to Louisville Gas and Electric (LG&E) for its Trimble County Generating Station located in Bedford, Trimble County, Kentucky. This Order constitutes a final action on the petitions submitted by Save the Valley, Sierra Club, and Valley Watch (Petitioners) on April 28, 2008 (Petition 2), and March 2, 2006 (Petition 1), respectively. Pursuant to section 505(b)(2) of the CAA, any person may seek judicial review of the Order in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307(b) of the Act.

EPA is announcing a public comment period and a public listening session for the external review draft document titled, ``Toxicological Review of cis- and trans-1,2-Dichloroethylene: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-09/006). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within the EPA's Office of Research and Development (ORD). The public comment period and the external peer-review workshop, which will be scheduled at a later date and announced in the Federal Register, are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward the public comments that are submitted in accordance with this notice to the external peer- review panel prior to the meeting for their consideration. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice.

EPA is announcing a public comment period and a public listening session for the external review draft document titled, ``Toxicological Review of Trichloroacetic Acid: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/ 635/R-09/003A). The draft document was prepared by the National Center for Environmental Assessment (NCEA) within the EPA's Office of Research and Development (ORD). The public comment period and the external peer- review workshop, which will be scheduled at a later date and announced in the Federal Register, are separate processes that provide opportunities for all interested parties to comment on the document. EPA intends to forward the public comments that are submitted in accordance with this notice to the external peer-review panel prior to the meeting for their consideration. When finalizing the draft document, EPA intends to consider any public comments that EPA receives in accordance with this notice.

In the Proposed Rules section of this Federal Register, EPA is proposing approval of Indiana's request to exempt Lake and Porter Counties from the Nitrogen Oxides (NOX) Reasonably Available Control Technology (RACT) requirement under section 182(f) of the Clean Air Act (CAA) for the 1997 eight-hour ozone standard based on a proposed determination that the area has attained that standard. Based on the proposed approval, EPA is making an interim final determination by this action that, with respect to the NOX RACT requirement, the State, contingent upon continued monitored attainment of the 1997 eight-hour ozone National Ambient Air Quality Standard (NAAQS), has corrected the deficiency which was the basis for a sanctions clock. This action will defer the application of the new source offset sanction, which would be imposed on September 24, 2009, and defer the application of the highway funding sanction, which would otherwise apply six months after imposition of the offset sanction. Although this action is effective upon publication, EPA will take comment on this interim final determination as well as on EPA's proposed determination of attainment and proposed approval of the State's requested NOX RACT waiver. EPA will publish a new

The Environmental Protection Agency (EPA) is withdrawing a proposed rule published on April 16, 2002, which would have modified the regulations under the Resource Conservation and Recovery Act (RCRA) and the Clean Air Act (CAA) to enable the implementation of the New Jersey Department of Environmental Protection (NJDEP) Gold Track Program that was developed under EPA's Project eXcellence in Leadership (Project XL) program. Project XL was a national pilot program that allowed state and local governments, businesses and federal facilities to develop with EPA more cost-effective ways of achieving environmental and public health protection. In exchange, EPA provided regulatory, policy or procedural flexibilities to conduct the pilot experiments. EPA is withdrawing the proposed rule in response to NJDEP's decision not to go forward with the Gold Track Program and not to promulgate an enabling rule. In the rule, EPA proposed to provide New Jersey with authority to provide high-performing companies in New Jersey with the regulatory flexibility to test environmental management strategies designed to produce improved and measurable results. The NJDEP had expressed interest in testing a program designed to achieve environmental excellence through commitments and accountability beyond standard regulatory requirements. Following EPA's April 16, 2002 proposal, the NJDEP communicated to EPA that it did not wish to implement the state rulemaking or the pilot project as originally envisioned. EPA received no public comments on this proposed rule.

EPA is proposing to approve a request submitted by the Indiana Department of Environmental Management (IDEM) on April 1, 2009, to revise the Indiana State Implementation Plan (SIP) for lead (Pb). The State has submitted an update to its Pb maintenance plan for Marion County for continued attainment of the 1.5 micrograms per cubic meter ([mu]g/m\3\) National Ambient Air Quality Standard (NAAQS) promulgated in 1978. This update satisfies section 175A of the Clean Air Act (CAA), and is in accordance with EPA's May 10, 2000 approval of the State's Redesignation Request and Maintenance Plan for the Marion County Pb nonattainment areas. Additionally, this Pb maintenance plan satisfies the requirements for maintenance plans contained in the September 4, 1992 EPA memorandum entitled ``Procedures for Processing Requests to Redesignate Areas to Attainment.''

The Environmental Protection Agency (EPA) is announcing the availability of a document titled, ``Integrated Science Assessment for Carbon MonoxideSecond External Review Draft'' (EPA/600/R-09/019B). This draft document was prepared by the National Center for Environmental Assessment (NCEA) within EPA's Office of Research and Development as part of the review of the national ambient air quality standards (NAAQS) for carbon monoxide.