Environmental Protection Agency February 3, 2010 – Federal Register Recent Federal Regulation Documents

Proposed Significant New Use Rule for Multi-walled Carbon Nanotubes
Document Number: 2010-2256
Type: Proposed Rule
Date: 2010-02-03
Agency: Environmental Protection Agency
EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified generically as multi-walled carbon nanotubes (P-08-199). This action would require persons who intend to manufacture, import, or process the substance 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. 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.
Notice of a Regional Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the City of Richland (the City), WA for the Purchase of Aerostrip® Fine Pore [Bubble] Diffusers Manufactured Outside of the United States Under the Section 1605 Waiver Authority Based on the Conclusion That Iron, Steel, and the Relevant Manufactured Goods Are Not Produced in the United States in Sufficient and Reasonably Available Quantities and of a Satisfactory Quality
Document Number: 2010-2255
Type: Notice
Date: 2010-02-03
Agency: Environmental Protection Agency
The Acting Regional Administrator of EPA Region 10, is hereby granting a waiver of the Buy America requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the City for the purchase of Aerostrip[reg] Fine Pore Diffusers supplied by Treatment Equipment Company in Bellevue, Washington and manufactured in Austria. This is a project specific waiver and only applies to the use of the specified product for the ARRA project being proposed. Any other ARRA recipient that wishes to use the same product must apply for a separate waiver based on project specific circumstances. The applicant indicates that Aerostrip[reg] Fine Pore Diffusers are the only feasible equipment to retrofit Richland's existing Waste Water Treatment Facility aeration basins. The Aerostrip[reg] Fine Pore Diffusers are only manufactured in Austria. No other fine pore diffusers are available or capable of meeting the aeration process design requirements. The Acting Regional Administrator is making this determination based on the review and recommendations of the Grants & Strategic Planning Unit. The City has provided sufficient documentation to support their request.
Chlorantraniliprole; Pesticide Tolerances
Document Number: 2010-2254
Type: Rule
Date: 2010-02-03
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of chlorantraniliprole in or on multiple commodities which are identified and discussed later in this document. This regulation additionally amends previously established tolerances in or on multiple commodities and deletes tolerances in or on several commodities that will be replaced by this action. E.I. du Pont de Nemours and Company, DuPont Crop Protection, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Notice of a Regional Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Albany County Sewer District (ACSD), NY
Document Number: 2010-2253
Type: Notice
Date: 2010-02-03
Agency: Environmental Protection Agency
The Regional Administrator of EPA Region 2 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 Albany County Sewer District (ACSD), New York for the purchase of a foreign manufactured Organic Rankine Cycle (ORC) turbine generator to recover waste heat from the sludge incineration operation at the ACSD's North Plant wastewater treatment plant (WWTP), and to produce electrical power for on-site consumption. The ACSD, through its consultant engineers, has indicated that no United States manufacturer produces an alternative that meets the ACSD's technical specifications; specifically, no ORC turbine generator manufactured in the United States is of adequate capacity to meet the electrical power output specifications for the proposed WWTP waste heat recovery and on-site electricity generation project. The foreign ORC turbine generators under consideration are manufactured by (1) Turboden, in Italy, (2) Ormat Technologies, Inc, in Israel, and (3) Adoratec, in Germany. This is a project specific waiver and only applies to the use of the identified 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 project specific circumstances. The Regional Administrator is making this determination based on the review and recommendations of the Region 2 State Revolving Fund Program Team. The ACSD 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 ACSD to purchase an ORC turbine generator manufactured by (1) Turboden (Italy), (2) Ormat Technologies, Inc. (Israel) or (3) Adoratec (Germany) for the proposed WWTP waste heat recovery and on-site electricity generation project being implemented by the ACSD.
Notice of a Regional Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the West Milford Township Municipal Utilities Authority (WMTMUA), New Jersey
Document Number: 2010-2252
Type: Notice
Date: 2010-02-03
Agency: Environmental Protection Agency
The Regional Administrator of EPA Region 2 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 WMTMUA, New Jersey, for the purchase of a membrane bio-reactor (MBR) unit that uses flat- plate membrane cartridges. The WMTMUA's proposed upgrade of its Awosting Sewage Treatment Plant to a MBR facility requires utilizing flat-plate membrane cartridges. No United States manufacturer produces a MBR unit with flat-plate membrane cartridges that meet the specifications for the project. The only MBR unit that incorporates the flat-plate membrane cartridges and meets the WMTMUA's specifications is manufactured in Japan by Kubota. This is a project specific waiver and only applies to the use of the identified 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 project specific circumstances. The Regional Administrator is making this determination based on the review and recommendations of the Region 2 State Revolving Fund Program Team. The WMTMUA 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 a Kubota MBR unit that uses flat-plate MBR membrane cartridges for the ARRA-funded project being implemented by WMTMUA, New Jersey.
Science Advisory Board Staff Office; Request for Public Nominations of Experts To Conduct a Peer Review of EPA's Draft Document “An Advisory Value for Conductivity Using Field Data: An Adaptation of the U.S. EPA's Standard Methodology for Deriving Water Quality Criteria”
Document Number: 2010-2250
Type: Notice
Date: 2010-02-03
Agency: Environmental Protection Agency
The EPA Science Advisory Board (SAB) Staff Office is seeking public nomination of experts to conduct a peer review of EPA's draft document ``An Advisory Value for Conductivity using Field Data: An Adaptation of the U.S. EPA's Standard Methodology for Deriving Water Quality Criteria''
Agency Information Collection Activities; Proposed Collection; Comment Request; Registration of Fuels and Fuel Additives-Requirements for Manufacturers; EPA ICR No. 0309.13, OMB Control No. 2060-0150
Document Number: 2010-2249
Type: Notice
Date: 2010-02-03
Agency: Environmental Protection Agency
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 July 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.
Approval and Promulgation of Air Quality Implementation Plans; Indiana; Correction
Document Number: 2010-2248
Type: Rule
Date: 2010-02-03
Agency: Environmental Protection Agency
This document corrects an error in the amendatory instruction in a November 20, 2009 final rule pertaining to the Indiana State Implementation Plan (SIP) revision updating the definition of ``References to the Code of Federal Regulations,'' to refer to the 2008 edition. The amendatory instruction in that rulemaking conflicts with the actual amendment language. EPA, therefore, is correcting the erroneous amendatory instructions.
Hexythiazox; Pesticide Tolerances for Emergency Exemptions
Document Number: 2010-2148
Type: Rule
Date: 2010-02-03
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for combined residues of hexythiazox in or on corn, sweet, plus cobs with husks removed (K+CWHR); corn, sweet, forage; and corn, sweet, stover. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on sweet corn grown for seed. This regulation establishes a maximum permissible level for residues of hexythiazox in these food . The time-limited tolerances expire and are revoked on December 31, 2012.
Fipronil; Product Cancellation Order and Amendment to Terminate Uses
Document Number: 2010-2147
Type: Notice
Date: 2010-02-03
Agency: Environmental Protection Agency
This notice announces EPA's cancellation order and amendment to terminate uses of products containing the pesticide fipronil, pursuant to section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows the November 15, 2009 expirations of conditional registrations and in one case expiration of a use. These are not the last fipronil products registered for use in the United States. Any distribution, sale, or use of the fipronil products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions.
Dithianon; Pesticide Tolerances
Document Number: 2010-2145
Type: Rule
Date: 2010-02-03
Agency: Environmental Protection Agency
This regulation establishes a tolerance for residues of dithianon in or on grapes that are imported. BASF requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Spiromesifen; Pesticide Tolerances
Document Number: 2010-2144
Type: Rule
Date: 2010-02-03
Agency: Environmental Protection Agency
This regulation establishes tolerances for the inadvertent or indirect combined residues of spiromesifen (2-oxo-3-(2,4,6- trimethylphenyl)-1-oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate) its enol metabolite (4-hydroxy-3-(2,4,6-trimethylphenyl)-1- oxaspiro[4.4]non-3-en-2-one), and its metabolites containing the 4- hydroxymethyl moiety (4-hydroxy-3-[4-(hydroxymethyl)-2,6- dimethylphenyl]-1-oxaspiro[4.4]non-3-en-2-one), calculated as the parent compound equivalents, in or on the following commodities from crops grown as rotational crops: bulb vegetables. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Methyl Bromide; Amendments to Terminate Uses
Document Number: 2010-1991
Type: Notice
Date: 2010-02-03
Agency: Environmental Protection Agency
This notice announces EPA's order for the amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of products containing the pesticide methyl bromide listed in Table 1, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This order follows a September 30, 2009 Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 to amend to terminate post-harvest methyl bromide uses in or on alfalfa hay and cottonseed for these product registrations. These are the last products containing the pesticide methyl bromide registered for use on alfalfa hay and cotton seed in the United States. In the September 30, 2009 notice, EPA indicated that it would issue an order implementing the amendments to terminate uses, unless the Agency received substantive comments within the 30-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests within this period. The Agency did not receive any comments on the notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested amendments to terminate uses. Any distribution, sale, or use of the 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 Requests to Voluntarily Cancel Certain Pesticide Registrations
Document Number: 2010-1583
Type: Notice
Date: 2010-02-03
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 request by registrants to voluntarily cancel certain pesticide registrations.
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