Environmental Protection Agency 2009 – Federal Register Recent Federal Regulation Documents

EPA is proposing to approve revisions to the California Air Resources Board's Consumer Products portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from consumer products. We are approving State 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.

EPA is proposing to modify, establish and revoke certain tolerances for the herbicides metolachlor and S-metolachlor and correct the tolerance guava (from guave) on bifenazate and buprofezin and 2,4-D on cranberry. The regulatory actions proposed in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA), section 408(q).

EPA is proposing to approve a request submitted by the Illinois Environmental Protection Agency (Illinois EPA) on October 23, 2007, to revise the Illinois State Implementation Plan (SIP). The rules submitted by Illinois EPA satisfy the requirements of EPA's NOX SIP Call Phase II Rule (the Phase II Rule). We are proposing to approve these regulations based on Illinois' demonstration that the State will meet the emissions targets set forth in the Phase II Rule through reductions from stationary internal combustion (IC) engines and turbines which are identified in the NOX plan submittal. Limiting NOX emissions from IC engines and turbines will enable the State to meet the 7,055 ton reduction requirement contained in the Phase II Rule, thereby improving air quality and protecting the health of Illinois citizens.

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 January 31, 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.

EPA is taking direct final action to approve a revision to the Knox County portion of the Tennessee State Implementation Plan (SIP) submitted by the State of Tennessee on April 21, 2008. The revision pertains to the Knox County Department of Air Quality Management (KCDAQM) Regulation, Section 25.0 ``Permits,'' specifically subsection 25.6Exemptions. This revision removes ``mobile sources'' from the list of exempted air contaminant sources, with respect to operating permits and reserves subsection 25.6.A. This revision is part of KCDAQM strategy to attain and maintain the National Ambient Air Quality Standards for 8-hour ozone, particulate matter (PM)2.5 and PM10. This revision was certified by the Tennessee Department of Environment and Conservation to be at least as stringent as the State of Tennessee's existing requirements in Chapter 1200-3- 9-.04 ``Exemptions,'' and is being approved pursuant to section 110 of the Clean Air Act (CAA).

EPA is revising the area source category list by changing the name of the ``Secondary Aluminum Production'' category to ``Aluminum Foundries'' and the ``Nonferrous Foundries, not elsewhere classified (nec)'' category to ``Other Nonferrous Foundries.'' At the same time, EPA is issuing final national emission standards for the Aluminum Foundries, Copper Foundries, and Other Nonferrous Foundries area source categories. These final emission standards for new and existing sources reflect EPA's determination regarding the generally available control technologies or management practices (GACT) for each of the three area source categories.

Clean Water Act Discharge Monitoring Reports (DMRs) represent the highest volume of information collection undertaken by the Environmental Protection Agency (EPA). EPA Regions and select States, Tribes, and Territories will have a new tool available to assist their regulated National Pollutant Discharge Elimination System (NPDES) facilities in reporting DMRs beginning June 22, 2009. Additional States, Tribes, and Territories may adopt Network Discharge Monitoring Report (NetDMR) and enable their regulated NPDES facilities to begin utilizing the electronic reporting tool. NetDMR provides an Internet-based reporting tool for NPDES facilities to electronically sign and submit DMRs. NetDMR allows participants to discontinue mailing in hard copy forms under 40 CFR 122.41 and 403.12.

This notice announces EPA's decision to modify certain risk mitigation measures that were specified in the 2006 Reregistration Eligibility Decision (RED) for the pesticide malathion. EPA conducted this reassessment of the malathion RED in response to public comments received during the comment period and to new data submitted by the technical registrant, Cheminova, Inc. Based on the new information received, and in a continuing effort to mitigate risk, the Agency has made certain modifications to the malathion RED.

The U.S. Environmental Protection Agency invites nominations to fill vacancies on its Children's Health Protection Advisory Committee (CHPAC). The Agency seeks qualified senior-level decision makers from diverse sectors throughout the United States to be considered for appointments. EPA encourages interested applicants to send their resumes and qualifications as soon as possible by July 24, 2009. Additional avenues and resources may be utilized in the solicitation of nominees.

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. This document also announces the Agency's intent not to open a registration review docket for 2,4- Imidazolidinedione, 3-bromo-1 chloro-5,5-dimethyl-, case 5005. This pesticide has only one registration that was inadvertently placed in case 5005. The active ingredient belongs in case 3055. Therefore, the active ingredient in case 5005 will be included in the registration review of case 3055, scheduled for 2013.

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 to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

EPA is promulgating significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 23 chemical substances which were the subject of premanufacture notices (PMNs). Four of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture, import, or process any of these 23 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

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. This document also announces the Agency's intent not to open a registration review docket for terpineols. This pesticide does not currently have any actively registered pesticide products and is not, therefore, scheduled for review under the registration review program.

This regulation establishes an exemption from the requirement of a tolerance for residues of starch, oxidized, polymers with Bu acrylate, tert-Bu acrylate and styrene, minimum number average molecular weight (in amu) 10,000, (CAS Reg. No. 204142-80-3) when used as an inert ingredient in a pesticide chemical formulation under 40 CFR 180.960. Kemira Chemicals, Inc., 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 starch, oxidized, polymers with Bu acrylate, tert-Bu acrylate and styrene, on food or feed commodities.

EPA is issuing this technical amendment to clarify that the data requirements for pesticide registration in 40 CFR part 161 are applicable only to antimicrobial pesticides.

This notice announces that pesticide related information submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including information that may have been claimed as Confidential Business Information (CBI) by the submitter, will be transferred to Industrial Economics, Incorporated in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Industrial Economics, Incorporated has been awarded multiple contracts to perform work for OPP, and access to this information will enable Industrial Economics, Incorporated to fulfill the obligations of the contract.

EPA has established a registration review docket for Boll Weevil Attractants which is listed in the table in Unit III.A. With this document, EPA is opening the public comment period for this registration review. 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

This regulation modifies tolerances for residues of acetochlor and its metabolites in or on the commodities corn, field, forage; corn, field, stover; and corn, pop, stover. The modifications are detailed in Unit II. of this document. Monsanto Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public meeting of the SAB Ecological Processes and Effects Committee to provide advice on EPA's implementation of the Ecosystem Services Research Program.

Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement for reimbursement of past response costs concerning the W.R. Grace Superfund Site located in Wilder, Campbell County, Kentucky for publication.

The Environmental Protection Agency (EPA or the Agency) is announcing the availability of, and soliciting public comments for 45 days on, the proposed approval of the radioactive, remote-handled (RH), transuranic (TRU) waste characterization program implemented by the Central Characterization Project (CCP) at General Electric Vallecitos Nuclear Center in Sunol, California. This waste is intended for disposal at the Waste Isolation Pilot Plant (WIPP) in New Mexico.

This action amends the National Volatile Organic Compound Emission Standards for Aerosol Coatings (aerosol coatings reactivity rule), which establishes national reactivity-based emission standards for the aerosol coatings category (aerosol spray paints) under section 183(e) of the Clean Air Act. These amendments add compounds and associated reactivity factors to Table 2Reactivity Factors based on petitions EPA received from regulated entities, and clarify which volatile organic compounds are to be quantified in compliance determinations. Additionally, this final rule makes certain changes related to the notice required for a company to certify that it will assume the responsibility for compliance with recordkeeping and

EPA is reopening the public comment period for a proposal published on May 8, 2009 (74 FR 21568). In that action, EPA proposed to disapprove the ozone attainment demonstration submitted by the State of Connecticut for the Connecticut portion of the New York-N. New Jersey- Long Island, NY-NJ-CT moderate ozone nonattainment area. The comment period on this proposed action closed on June 8, 2009. At the request of the State of Connecticut, EPA is reopening the public comment period through August 7, 2009. EPA will consider all comments submitted on this proposed action from May 8, 2009 through August 7, 2009.