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

Assessment of Anticipated Visibility Improvements at Surrounding Class I Areas and Cost Effectiveness of Best Available Retrofit Technology for Four Corners Power Plant and Navajo Generating Station: Advanced Notice of Proposed Rulemaking
Document Number: E9-23633
Type: Proposed Rule
Date: 2009-09-30
Agency: Environmental Protection Agency
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.
Board of Scientific Counselors, Computational Toxicology Subcommittee Meeting-October 2009
Document Number: E9-23632
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
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) Computational Toxicology Subcommittee.
Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health; Technical Support Document, Volume 3: Development of Site-Specific Bioaccumulation Factors
Document Number: E9-23631
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
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.
State Innovation Grant Program, Preliminary Notice for Proposals for 2010 Awards
Document Number: E9-23630
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency), National Center for Environmental Innovation (NCEI) is giving preliminary notice of its intention to solicit pre-proposals for a 2010 grant program to support innovation by State environmental agenciesthe ``State Innovation Grant Program.'' In addition, EPA is asking each State environmental regulatory agency to designate a point of contact speaking on behalf of management (in addition to the Commissioner, Director, or Secretary) who will be the point of contact for further communication about the upcoming solicitation. If your point of contact from previous State Innovation Grant solicitations is to be your contact for this year's competition, there is no need to send that information again, as all previously designated points of contact will remain on our notification list for this year's competition. EPA anticipates publication of a Solicitation Announcement of Federal Funding Opportunity on the Federal government's grants opportunities Web site (http://www.grants.gov) to announce the availability of the next solicitation within 45 days.
Thiamethoxam; Pesticide Tolerances
Document Number: E9-23628
Type: Rule
Date: 2009-09-30
Agency: Environmental Protection Agency
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.
Pesticide Experimental Use Permit; Receipt of Application; Comment Request
Document Number: E9-23587
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
This notice announces EPA's receipt of an application 67979- EUP-I from Syngenta Seeds Inc. requesting an experimental use permit (EUP) for the plant-incorporated protectant (PIP) [Event 5307] Bacillus thuringiensis eCry3.1Ab protein and the genetic material necessary for its production (vector pSYN12274) in event 5307 corn (SYN- [Oslash]53[Oslash]7-1) and combined trait hybrids with one or more of the following additional PIPs: 1) [Bt11] Bacillus thuringiensis Cry1Ab delta-endotoxin and the genetic material (as contained in plasmid vector pZO1502) necessary for its production in corn, 2) [DAS-59122-7] Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and the genetic material (vector PHP 17662) necessary for their production in Event DAS-59122-7 corn, 3) [MIR162] Bacillus thuringiensis Vip3Aa20 and the genetic material necessary for its production (vector pNOV1300) in event MIR162 maize (SYN-IR162-4), 4) [MIR604] Modified Cry3A protein and the genetic material necessary for its production (via elements of pZM26) in corn (SYN-IR604-8), and 5) [TC1507] Bacillus thuringiensis Cry1F protein and the genetic material (vector PHP8999) for its production in Event TC1507 corn. 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.
National and Governmental Advisory Committees to the U.S. Representative to the Commission for Environmental Cooperation
Document Number: E9-23573
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
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.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions
Document Number: E9-23503
Type: Rule
Date: 2009-09-30
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA or Agency) is providing notice that through a letter signed by the Administrator on April 24, 2009, EPA granted a petition for reconsideration of the final rule titled, ``Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions,'' published on December 19, 2008 (Fugitive Emissions Rule). EPA's decision to reconsider was in response to a request made by Natural Resources Defense Council (NRDC) in a letter dated February 17, 2009.
Approval and Promulgation of Air Quality Implementation Plans; Revised Format for Materials Being Incorporated by Reference for New Hampshire
Document Number: E9-23472
Type: Rule
Date: 2009-09-30
Agency: Environmental Protection Agency
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.
Protection of Stratospheric Ozone: Notice 24 for Significant New Alternatives Policy Program
Document Number: E9-23470
Type: Rule
Date: 2009-09-30
Agency: Environmental Protection Agency
This Determination of Acceptability expands the list of acceptable substitutes for ozone-depleting substances under the U.S. Environmental Protection Agency's (EPA) Significant New Alternatives Policy (SNAP) program. The determinations concern new substitutes for use in the refrigeration and air conditioning and foam blowing sectors.
Methyl Bromide; Notice of Receipt of Requests to Amend Pesticide Registrations to Terminate Uses of Certain Products
Document Number: E9-23458
Type: Notice
Date: 2009-09-30
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 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.
Registration Review; New Biopesticides Dockets Opened for Review and Comment
Document Number: E9-23453
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
EPA has established registration review dockets for the pesticides listed in the table in Unit III.A. With this document, EPA is opening the public comment period for these registration reviews. 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, the pesticide can perform its intended function without unreasonable adverse effects on human health or the environment. Registration review dockets contain information that will assist the public in understanding the types of information and issues that the Agency may consider during the course of registration reviews. 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.
Rodenticides; Product Cancellation Order
Document Number: E9-23452
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
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.
Notice of Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities
Document Number: E9-23451
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
This notice announces the Agency's receipt of an initial filing of a pesticide petition proposing the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.
Receipt of Application; Comment Request
Document Number: E9-23450
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
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.
Pesticide Product Registration Approval
Document Number: E9-23449
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
This notice announces Agency approval of an application to register the pesticide product Bedoukian l-Carvone containing an active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.
Organic Arsenicals; Product Cancellation Order and Amendments to Terminate Uses
Document Number: E9-23319
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
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.
Pseudomonas syringae; Registration Review Final Decision; Notice of Availability
Document Number: E9-23218
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
This notice announces the availability of EPA's final registration review decision for the pesticide Pseudomonas syringae, case 6007. 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.
Pseudomonas fluorescens; Registration Review Final Decision; Notice of Availability
Document Number: E9-23217
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
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.
Pesticide Product Registration Approval; Opportunity for Public Comment
Document Number: E9-23213
Type: Notice
Date: 2009-09-30
Agency: Environmental Protection Agency
This notice announces Agency approval of applications to register pesticide products containing saflufenacil, a new active ingredient not included in any previously registered products, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended; and the opening of a comment period on such approval.
Draft Toxicological Review of Chloroprene: In Support of the Summary Information in the Integrated Risk Information System (IRIS)
Document Number: E9-23504
Type: Notice
Date: 2009-09-29
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Determination of Clean Data for the 1997 Fine Particulate Matter Standard
Document Number: E9-23502
Type: Proposed Rule
Date: 2009-09-29
Agency: Environmental Protection Agency
EPA is reopening the comment period for a notice of proposed rulemaking (NPR) published on July 31, 2009 (74 FR 38161). In the NPR, EPA proposed to determine that the Baltimore, Maryland portion of the Hagerstown-Martinsburg nonattainment areas for the 1997 National Ambient Air Quality Standard (NAAQS) fine particulate (PM2.5) have clean data for the 1997 PM2.5 NAAQS. EPA received comments from EarthJustice requesting 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 proposed 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.
Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Determination of Clean Data for the 1997 Fine Particulate Matter Standard
Document Number: E9-23500
Type: Proposed Rule
Date: 2009-09-29
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Air Quality Implementation Plans; Mohegan Tribe of Indians of Connecticut
Document Number: E9-23262
Type: Proposed Rule
Date: 2009-09-28
Agency: Environmental Protection Agency
EPA is proposing to approve 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.
Approval and Promulgation of Air Quality Implementation Plans; Mohegan Tribe of Indians of Connecticut
Document Number: E9-23259
Type: Rule
Date: 2009-09-28
Agency: Environmental Protection Agency
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.
Proposed Rulemaking To Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards
Document Number: E9-22516
Type: Proposed Rule
Date: 2009-09-28
Agency: National Highway Traffic Safety Administration, Department of Transportation, Environmental Protection Agency
EPA and NHTSA are issuing this joint proposal to establish a National Program consisting of new standards for light-duty vehicles that will reduce greenhouse gas emissions and improve fuel economy. This joint proposed rulemaking is consistent with the National Fuel Efficiency Policy announced by President Obama on May 19, 2009,
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Clean Air Interstate Rule
Document Number: E9-23256
Type: Proposed Rule
Date: 2009-09-25
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the Ohio State Implementation Plan (SIP), based on submittals dated July 15, 2009, and
Approval and Promulgation of Air Quality Implementation Plans; Ohio; Clean Air Interstate Rule
Document Number: E9-23254
Type: Rule
Date: 2009-09-25
Agency: Environmental Protection Agency
EPA is approving a revision to the Ohio State Implementation
Science Advisory Board Staff Office Request for Nominations of Experts To Provide Advice on Ecological Impacts Associated With Mountaintop Mining and Valley-Fill Operations
Document Number: E9-23231
Type: Notice
Date: 2009-09-25
Agency: Environmental Protection Agency
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).
National Drinking Water Advisory Council: Request for Nominations
Document Number: E9-23229
Type: Notice
Date: 2009-09-25
Agency: Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA or Agency) invites all interested persons to nominate qualified individuals to serve a three-year term as members of the National Drinking Water Advisory Council (Council). This 15-member Council was established by the Safe Drinking Water Act (SDWA) to provide practical and independent advice, consultation and recommendations to the Agency on the activities, functions, policies, and regulations required by the SDWA. The terms of four (4) members expire in December 2009. To maintain the representation required in the statute, nominees for the 2010 Council should represent state and local officials concerned with public water supply and public health protection (two (2) vacancies) and the general public (two (2) vacancies). All nominations will be fully considered, but applicants need to be aware of the specific representation needed as well as geographical balance so that all major areas of the U.S. (East, Mid-West, South, Mountain, South-West, and West) will be represented. The EPA strongly encourages nominations from women and minorities. The current list of members is available on the EPA Web site at http://www.epa.gov/safewater/ndwac.
Environmental Impacts Statements; Notice of Availability
Document Number: E9-23228
Type: Notice
Date: 2009-09-25
Agency: Environmental Protection Agency
Environmental Impact Statements and Regulations; Availability of EPA Comments
Document Number: E9-23227
Type: Notice
Date: 2009-09-25
Agency: Environmental Protection Agency
EPA does not object to the proposed project, but did request clarification of Christmas tree removal and public firewood gathering issues. Rating LO.
Approval and Promulgation of Air Quality Implementation Plans; Commonwealth of Pennsylvania; Determination of Clean Data for the 1997 Fine Particulate Matter Standard
Document Number: E9-23057
Type: Rule
Date: 2009-09-25
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Air Quality Implementation Plans; The Chicago and Evansville Nonattainment Areas; Determination of Attainment of the Fine Particle Standard
Document Number: E9-23087
Type: Proposed Rule
Date: 2009-09-24
Agency: Environmental Protection Agency
EPA is proposing to determine that the Chicago (Illinois and Indiana) and Evansville (Indiana) areas have attained the 1997 fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS). The proposed determinations are based upon quality-assured, quality-controlled, and certified ambient air monitoring data that show that the areas have monitored attainment of the 1997 PM2.5 NAAQS for the 2006 to 2008 monitoring period. Preliminary data for 2009 suggest that the areas continue to monitor attainment. If these proposed determinations are made final, the requirements for these areas to submit an attainment demonstration and associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans (SIPs) revisions related to attainment of the standard shall be suspended for so long as the areas continue to attain the 1997 PM2.5 NAAQS.
Gulf of Mexico Program Citizens Advisory Committee Meeting
Document Number: E9-23083
Type: Notice
Date: 2009-09-24
Agency: Environmental Protection Agency
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).
Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the City of Salem, New Jersey
Document Number: E9-23080
Type: Notice
Date: 2009-09-24
Agency: Environmental Protection Agency
The EPA is hereby granting a project waiver of the Buy American 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 of Salem, New Jersey (the City), for the purchase of a specific Canadian-manufactured membrane filtration system (ZeeWeed[supreg] 500). The ZeeWeed[supreg] 500 Immersed Ultra- filtration Membranes are manufactured outside of the United States by GE Water & Processes Technologies (GEW&PT), in Canada. The design and specifications of the City's proposed new Surface Water Treatment Plant were based on the performance and characteristics of the ZeeWeed[supreg] 500 membrane system, following pilot testing conducted from March through August 2007, which demonstrated that the equipment worked very well in removing total organic carbon, as well as other contaminants; the successful pilot testing of surface treatment plant technologies is a prerequisite to obtaining a construction permit from the New Jersey Department of Environmental Protection (NJDEP). The Acting Regional Administrator is making this determination based on the review and recommendations of the State Revolving Fund Program Team. The City has provided sufficient documentation to support its request. The Assistant Administrator of the Office of Administration and Resources Management has concurred on this decision to make an exception to Section 1605 of ARRA. This action permits the purchase of ZeeWeed[supreg] 500 Immersed Ultra-filtration Membranes for the proposed project being implemented by the City of Salem, New Jersey.
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Louisville Gas and Electric Company-Trimble County Generating Station; Bedford (Trimble County), KY
Document Number: E9-23077
Type: Notice
Date: 2009-09-24
Agency: Environmental Protection Agency
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.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Critical Public Information Needs During Drinking Water Emergencies (New); EPA ICR No. 2322.01, OMB Control No. 2080-NEW
Document Number: E9-23075
Type: Notice
Date: 2009-09-24
Agency: Environmental Protection Agency
In compliance with the Paperwork Reduction Act (PRA) (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 for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.
Draft Toxicological Review of cis- and trans-1,2-Dichloroethylene: In Support of the Summary Information in the Integrated Risk Information System (IRIS)
Document Number: E9-23056
Type: Notice
Date: 2009-09-24
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Clean Air Interstate Rule; NOX
Document Number: E9-23052
Type: Proposed Rule
Date: 2009-09-24
Agency: Environmental Protection Agency
EPA is proposing to approve a revision to the Pennsylvania
Draft Toxicological Review of Trichloroacetic Acid: In Support of the Summary Information in the Integrated Risk Information System (IRIS)
Document Number: E9-23050
Type: Notice
Date: 2009-09-24
Agency: Environmental Protection Agency
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.
NACEPT Subcommittee on Promoting Environmental Stewardship
Document Number: E9-23049
Type: Notice
Date: 2009-09-24
Agency: Environmental Protection Agency
Under the Federal Advisory Committee Act, Public Law 92-463, EPA gives notice of a meeting of the NACEPT Subcommittee on Promoting Environmental Stewardship.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Interim Final Determination That Lake and Porter Counties Are Exempt From NOX
Document Number: E9-23044
Type: Rule
Date: 2009-09-24
Agency: Environmental Protection Agency
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
Determination of Attainment, Approval and Promulgation of Air Quality Implementation Plans; Indiana
Document Number: E9-23042
Type: Proposed Rule
Date: 2009-09-24
Agency: Environmental Protection Agency
EPA is proposing to make a determination, under the Clean Air Act (CAA), that the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) ozone nonattainment area has attained the 1997 eight-hour ozone National Ambient Air Quality Standard (NAAQS). This determination is based on complete, quality-assured ambient air quality monitoring data for the period of 2006-2008. Preliminary data for 2009 show that the area continues to attain the standard. EPA is also proposing to approve a request from the State of Indiana to exempt sources of Nitrogen Oxides (NOX) in Lake and Porter Counties from CAA requirements for Reasonably Available Control Technology (RACT). The State's NOX RACT waiver request is based on the most recent three years of complete, quality-assured ozone monitoring data, which demonstrate that additional reduction of NOX emissions would not contribute to attainment of the 1997 eight-hour ozone NAAQS in the Chicago-Gary-Lake County, IL-IN area. This action proposes to approve the State's request for a waiver from the NOX RACT requirements for Lake and Porter Counties under the CAA. In the Final Rules section of this Federal Register, EPA is deferring the imposition of sanctions for the State's failure to submit required NOX RACT regulations based on this proposed attainment determination while we complete action on the proposed NOX RACT waiver. This deferral of sanctions will continue unless EPA determines that the area is no longer attaining the 1997 eight-hour ozone NAAQS. However, if EPA proposes and takes final action in the future to redesignate the area to attainment, such action will permanently stop the sanctions clock.
New Jersey Gold Track Program Under Project XL
Document Number: E9-22924
Type: Proposed Rule
Date: 2009-09-24
Agency: Environmental Protection Agency
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.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Lead (Pb) Maintenance Plan Update for Marion County
Document Number: E9-22922
Type: Rule
Date: 2009-09-24
Agency: Environmental Protection Agency
EPA is approving 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.''
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Lead (Pb) Maintenance Plan Update for Marion County
Document Number: E9-22918
Type: Proposed Rule
Date: 2009-09-24
Agency: Environmental Protection Agency
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.''
Draft Toxicological Review of 1,1,2,2-Tetrachloroethane: In Support of the Summary Information in the Integrated Risk Information System (IRIS)
Document Number: E9-22909
Type: Notice
Date: 2009-09-24
Agency: Environmental Protection Agency
EPA is announcing a public comment period and a public listening session for the external review draft document titled, ``Toxicological Review of 1,1,2,2-Tetrachloroethane: In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/635/R-09/001). 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.
Draft Integrated Science Assessment for Carbon Monoxide
Document Number: E9-22953
Type: Notice
Date: 2009-09-23
Agency: Environmental Protection Agency
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.
Final Risk and Exposure Assessment Report for Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur
Document Number: E9-22951
Type: Notice
Date: 2009-09-23
Agency: Environmental Protection Agency
On or about September 15, 2009, the Office of Air Quality Planning and Standards (OAQPS) of EPA is making available a final report, Risk and Exposure Assessment for Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur: Final Report. The purpose of this document is to convey the approach taken to assess environmental exposures to ambient oxides of nitrogen and sulfur and to characterize associated public welfare risks, as well as to present the results of those assessments.