Environmental Protection Agency 2009 – Federal Register Recent Federal Regulation Documents

The EPA is proposing to approve revisions to the New Mexico State Implementation Plan (SIP) submitted by the Governor of New Mexico on behalf of the New Mexico Environment Department (NMED) in a letter dated October 7, 2008 (the October 7, 2008 SIP submittal). The October 7, 2008 SIP submittal concerns revisions to New Mexico Administrative Code Title 20, Chapter 2, Part 7 Excess Emissions (20.2.7 NMACExcess Emissions) occurring during startup, shutdown, and malfunction related activities. We are proposing to approve the October 7, 2008 SIP submittal because the rule is consistent with the Clean Air Act (the Act). This action is in accordance with section 110 of the Act.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on February 28, 2010. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

This notice announces EPA's receipt of an application 56228- EUP-UN from U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) requesting an experimental use permit (EUP) for the chemical Mammalian Gonadotropin Releasing Hormone (GnRH). 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.

EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for elemental mercury (CAS No. 7439-97-6) for use in flow meters, natural gas manometers, and pyrometers, except for use in these articles when they are in service as of the effective date of the final rule. This action would require persons who intend to manufacture (including import) or process elemental mercury for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. Persons subject to the provisions of this proposed rule would not be exempt from significant new use reporting if they import into the United States or process elemental mercury as part of an article. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

Pursuant to the Federal Advisory Committee Act (FACA), Public Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby provides notice that the National Environmental Justice Advisory Council (NEJAC) will host a public teleconference call on Thursday, September 24, 2009. The primary topic of discussion on the September 24 call will be EPA's national enforcement priorities. This call, as well as all NEJAC meetings, is open to the public. There will be a public comment period from 2:30 p.m. to 4 p.m. Eastern Time. Members of the public are encouraged to provide comments relevant to this topic. For additional information about registering to participate on the call or to provide public comment during the call, please see SUPPLEMENTARY INFORMATION. Due to a limited number of telephone lines, participation will be on a first-come basis.

On or about September 4, 2009, the Office of Air Quality Planning and Standards (OAQPS) of EPA is making available for public comment two draft assessment documents: Risk Assessment to Support the Review of the PM Primary National Ambient Air Quality Standards External Review Draft and Particulate Matter Urban-Focused Visibility AssessmentExternal Review Draft. These draft documents describe the quantitative analyses that are being conducted as part of the review of the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM).

Pursuant to section 304(a) of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) is announcing the availability of final national recommended water quality criteria for the protection of aquatic life for acrolein. Draft national recommended water quality criteria for acrolein were published for scientific views from the public on December 17, 2008 at 73 FR 76644. The final criteria published today are based on EPA's Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses (1985), (EPA/R-85-100). EPA's recommended section 304(a) water quality criteria provide guidance to States and authorized Tribes in adopting water quality standards for protecting aquatic life and human health and provide guidance to EPA for promulgating Federal regulations under CWA section 303(c), when such action is necessary.

This regulation establishes a tolerance for combined residues of the herbicide pendimethalin including its metabolites and degradates in or on olive at 0.1 parts per million (ppm). The Interregional Research Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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 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.

This final rule makes minor revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subpart C. This action establishes a uniform listing of commodity terms.

On June 16, 2009, regulations to include State Response Programs and Tribal Response Programs under Section 128(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as among the Environmental Program Grants eligible for inclusion in a Performance Partnership Grant (PPG) were published. Those final rules included technical errors which this action corrects.

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its Local Government Advisory Committee (LGAC). Vacancies are anticipated to be filled by January 2010. Sources in addition to this Federal Register Notice may also be utilized in the solicitation of nominees.

This action approves Kansas' Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved States. On December 11, 2008, Kansas submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of adding 9 VAC 5 Chapter 220, ``Variance for Rocket Motor Test Operations at Atlantic Research Corporation Orange County Facility'' which includes an opacity variance for the rocket motor test operations at Aerojet Corporation's Orange County Facility, in lieu of opacity limits established in the Virginia SIP. In the Final Rules section of this Federal Register, EPA is approving the State'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 more detailed description of the Commonwealth's submittal and EPA's evaluation are included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available,

In this notice, EPA is notifying the public that we have found the Motor Vehicle Emissions Budgets (MVEBs) in the 2008 Reasonable Further Progress (RFP) Plan, submitted on June 4, 2007, by the Maryland Department of the Environment (MDE) and on June 12, 2007 by the Virginia Department of Environmental Quality (VADEQ) and the District of Columbia Department of the Environment (DCDOE) are adequate for transportation conformity purposes. As a result of EPA's finding, the Metropolitan Washington, DC area must use the MVEBs from the 2008 RFP Plan for future conformity determinations for the 8-hour ozone standard.

EPA issued a notice in the Federal Register of June 24, 2009, concerning the availability of multiple registration review dockets for public comment, including malathion. This document reopens the comment period for the malathion registration review docket, which closed on August 24, 2009, until October 5, 2009.

EPA does not object to the proposed project. Rating LO.

The Environmental Protection Agency (EPA) is approving a revision to the Louisiana State Implementation Plan (SIP) to meet the Emissions Inventory (EI) requirements of the Clean Air Act (CAA) for the Baton Rouge ozone nonattainment area. EPA is approving the SIP revision because it satisfies the EI requirements for areas classified as nonattainment for the 1997 8-hour ozone national ambient air quality standard. EPA is approving the revisions pursuant to section 110 of the CAA.

The Environmental Protection Agency (EPA) is announcing a 30- day public comment period for the external peer review draft of ``Recommended Toxicity Equivalency Factors (TEFs) for Human Health Risk Assessments of Dioxin and Dioxin-Like Compounds,'' a draft guidance document. An EPA contractor for external peer review will convene a panel of experts and will organize and conduct an independent expert external peer review meeting to review the draft document. All comments received by the closing date of October 2, 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. This draft guidance document does not represent and should not be construed to represent any EPA policy, viewpoint, or determination. Members of the public may obtain the draft document from https://www.regulations.gov; or https://www.epa.gov/raf/hhtefguidance; or from Seema Schappelle via the contact information below. The public comment period and external peer review are separate processes that provide opportunities for all interested parties to comment on the document.

This regulation establishes tolerances for residues of methoxyfenozide in or on citrus oil and fruit, citrus, group 10 with regional registrations; and corn, pop, grain; corn, pop, stover; pea, dry seed; and pomegranate. The Interregional Research Project No. 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

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 of a satisfactory quality] to the UDWR for the purchase of coconut fiber (coir) woven mats. This is a project-specific waiver and only applies to the use of the specified product for the ARRA funded project being proposed. Any other ARRA project that may wish to use the same product must apply for a separate waiver based on project-specific circumstances. These coconut fiber woven mats, which are supplied by Geo Dynamics in Ogden, UT, are manufactured in India and Sri Lanka, and meet the UDWR's performance specifications and requirements. The Acting Regional Administrator is making this determination based on the review and recommendations of EPA Region 8's Technical & Financial Services Unit. The UDWR 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 coconut fiber woven mats for the Strawberry River Restoration Project being implemented by the UDWR that may otherwise be prohibited under Section 1605(a) of the ARRA.

The Acting Regional Administrator of EPA Region III 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 Town of Cape Charles for the purchase of membrane filtrations cassettes, which are an integral component of the Membrane Bioreactor (MBR) wastewater treatment process, at its Wastewater Treatment Plant (WWTP). Cape Charles indicates that the MBR treatment process is necessary to achieve the wastewater treatment levels required by the National Pollutant Discharge Elimination System (NPDES) permits issued for this WWTP. The membrane filtration equipment under consideration is manufactured by a company located in Canada and no United States manufacturer produces an alternative that meets Cape Charles's technical specifications. This is a project specific waiver and only applies to the use of the specified product for the ARRA funded project being proposed. Any other ARRA project that may wish to use the same product must apply for a separate waiver based on the specific project circumstances. The Acting Regional Administrator is making this determination based on the review and recommendations of the EPA Region III, Water Protection Division, Office of Infrastructure and Assistance. Cape Charles has provided sufficient documentation to support its request.