Environmental Protection Agency April 2011 – Federal Register Recent Federal Regulation Documents

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). 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 streamlining the process by which manufacturers of clean alternative fuel conversion systems may demonstrate compliance with vehicle and engine emissions requirements. Specifically, EPA is revising the regulatory criteria for gaining an exemption from the Clean Air Act prohibition against tampering for the conversion of vehicles and engines to operate on a clean alternative fuel. This final rule creates additional compliance options beyond certification that protect manufacturers of clean alternative fuel conversion systems against a tampering violation, depending on the age of the vehicle or engine to be converted. The new options alleviate some economic and procedural impediments to clean alternative fuel conversions while maintaining environmental safeguards to ensure that acceptable emission levels from converted vehicles are sustained.

In this action, EPA proposes to make a finding that the coal- fired Portland Generating Station (Portland Plant) in Upper Mount Bethel Township, Northampton County, Pennsylvania, is emitting air pollutants in violation of the interstate transport provisions of the Clean Air Act (CAA or Act). Specifically, EPA is proposing to find that emissions of sulfur dioxide (SO2) from the Portland Plant significantly contribute to nonattainment and interfere with maintenance of the 1-hour SO2 national ambient air quality standard (NAAQS) in New Jersey. This finding is proposed in response to a petition submitted by the State of New Jersey Department of Environmental Protection (NJDEP) on September 17, 2010. In this action, EPA is also proposing emission limitations and compliance schedules to ensure that the Portland Plant will no longer significantly contribute to nonattainment, and no longer interfere with maintenance of the 1- hour SO2 NAAQS, thereby permitting continued operation of the Portland Plant beyond the 3-month limit established by the CAA for sources subject to such a finding.

This regulation establishes tolerances for residues of hexythiazox in or on corn, sweet, kernel plus cob with husk removed; corn, sweet, forage; bean, dried; and bean, succulent. Gowan Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is taking direct final actions to both issue a site- specific treatment variance to U.S. Ecology Nevada (USEN) in Beatty, Nevada and to withdraw an existing site-specific treatment variance issued to Chemical Waste Management, Inc. (CWM) in Kettleman Hills, California. These actions pertain to the treatment of a hazardous waste generated by the Owens-Brockway Glass Container Company in Vernon, California that is unable to meet the concentration-based treatment standard for selenium established under the Land Disposal Restrictions program. The site-specific treatment variance issued to USEN provides an alternative treatment standard of 59 mg/L for selenium as measured by the Toxicity Characteristic Leaching Procedure. EPA has determined that the treatment performed by USEN provides the best demonstrated treatment available for this waste by reducing the potential amount of selenium released to the environment, while minimizing the total volume of hazardous waste land disposed.

Pursuant to the Federal Advisory Committee Act, Public Law 92- 463, notice is hereby given that the Mobile Sources Technical Review Subcommittee (MSTRS) will meet in May 2011. The MSTRS is a subcommittee under the Clean Air Act Advisory Committee. This is an open meeting. The meeting will include discussion of current topics and presentations about activities being conducted by EPA's Office of Transportation and Air Quality. The preliminary agenda for the meeting and any notices about change in venue will be posted on the Subcommittee's Web site: https://www.epa.gov/air/caaac/mobile_sources.html. MSTRS listserver subscribers will receive notification when the agenda is available on the Subcommittee Web site. To subscribe to the MSTRS listserver, send a blank e-mail to lists-mstrs@lists.epa.gov.

Oklahoma has applied to the EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. The EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments which oppose this authorization during the comment period, the decision to authorize Oklahoma's changes to its hazardous waste program will take effect. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.

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.

This regulation establishes permanent tolerances (without U.S. registrations) for residues of the insecticide ethiprole [5-amino-1- [2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(ethyl)-sulfinyl] -1H- pyrazole-3-carbonitrile], including its metabolites and degradate, in or on rice and tea. Bayer CropScience LP requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

EPA is proposing to revise the regulations on labeling of pesticides and devices intended for export. Internal review of the regulations revealed that the current regulations needed clarification and restructuring to increase understandability and ease of use.

EPA has received a specific exemption request from the Oregon Department of Agriculture to use the pesticide fipronil (CAS Reg. No. 120068-37-3) to treat up to 600 acres of turnips and rutabagas to control the cabbage maggot. The applicant proposes a use which is supported by the Interregional (IR)-4 program and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

This regulation establishes tolerances for residues of mancozeb in or on almonds, cabbage, lettuce, peppers, and broccoli. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Under the Federal Advisory Committee Act, the U.S. Environmental Protection Agency's Local Government Advisory Committee's Small Community Advisory Subcommittee is meeting monthly, via teleconference calls, to discuss EPA regulation, policy, and the significant environmental issues that affect small communities and are relevant to its scope and charge as set forth by the Administrator of the EPA. These monthly teleconference meetings are an opportunity for Small Community Advisory Subcommittee members to work together and discuss relevant issues, as well as allow an opportunity for the public to listen and comment.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA) and section 7003 of the Resource Conservation and Recovery Act (RCRA), EPA is hereby providing notice of a proposed administrative de minimis settlement concerning the Casmalia Disposal Site in Santa Barbara County, California (the Casmalia Disposal Site). Section 122(g) of CERCLA provides EPA with the authority to enter into administrative de minimis settlements. This settlement is intended to resolve the liabilities of 49 settling parties for the Casmalia Disposal Site under sections 106 and 107 of CERCLA and section 7003 of RCRA. These parties are identified below. These parties have also elected to resolve their liability for response costs and potential natural resource damage claims by the United States Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA). These 49 parties sent 13,311,191 lbs. of waste to the Casmalia Disposal Site, which represents 0.002 (0.2%) of the total Site waste of 5.6 billion pounds. This settlement requires these parties to pay over $1.2 million to EPA. Settling Parties: Parties that have elected to settle their liability with EPA at this time are as follows: All Metal Processing of Orange County; Allen Foam Corporation; American Pharmaseal Labs; Amex Systems, Inc; Associated Plating Company, Inc.; AT&T Communication, Inc., other subsidiaries of AT&T, Inc., and Alcatel-Lucent USA Inc. as successor in interest to the claims asserted against Western Electric Company, Inc. and AT&T Technologies, Inc; Avery Dennison Corporation; B/E Aerospace; BAE Systems Information and Electronic Systems Integration Inc.; Cenveo; ConAgra Foods, Inc.; Continental Chemical Co.; Cosden Oil & Chemical Company; Del Mar Development Company, Inc.; Fortin Industries, Inc.; Four Seasons Hotels and Resorts; Fremont Union High School District; Garratt-Callahan Company; Gearhart Industries; General Tire Service; Hercules, Incorporated for itself, Mica Corporation and US Filter; Hobie Cat (f/k/a Coast Catamaran Corp); Inland Kenworth, Inc.; Ken Dale; L-3 Communication Corporation; Life Technologies Corporation; Macy's Inc; Manhattan Beach Holding Corp. on its own behalf and on behalf of Fairchild Industries, Inc. and its successors, and on behalf of Fairchild Controls Corporation, Matra Aerospace, Inc., EADS North America, Inc., and EADS North America; MarBorg Industries; Maxwell Technologies, Inc.; Memorex Telex Corporation/Unisys; Mountain High Ski Resort; Newell Rubbermaid, Inc.; Nowsco Services, Inc.; Orange County Plating Co., Inc.; Parker Hannifin Corporation, successor-in-interest to Racor Industries, Inc, by merger; Rainbow Disposal; Roberts Holdings, LLC; SoilServ; State Industries; Sunkist Growers, Inc.; Texas Eastern Corporation; The Hon Company; The Sherwin-Williams Company; Ultrasystems Inc. by and through its legal successor-in-interest, LG&E Power Inc.; Univar USA, Inc.; Valley Nissan Volvo, Inc.; Verbatim Corporation; Weyerhaeuser NR Company as successor to Western Kraft (f/ k/a Willamette Industries).

On October 6, 2009, EPA promulgated its response to the remand of the new source performance standards and emissions guidelines for hospital/medical/infectious waste incinerators by the U.S. Court of Appeals for the District of Columbia Circuit and satisfied the Clean Air Act section 129(a)(5) requirement to conduct a review of the standards every 5 years. This action promulgates amendments to the new source performance standards and emissions guidelines, correcting inadvertent drafting errors in the nitrogen oxides and sulfur dioxide emissions limits for large hospital/medical/ infectious waste incinerators in the new source performance standards, which did not correspond to our description of our standard-setting process, correcting erroneous cross-references in the reporting and recordkeeping requirements in the new source performance standards, clarifying that compliance with the emission guidelines must be expeditious if a compliance extension is granted, correcting the inadvertent omission of delegation of authority provisions in the emission guidelines, correcting errors in the units' description for several emissions limits in the emission guidelines and new source performance standards, and removing extraneous text from the hydrogen chloride emissions limit for large hospital/medical/infectious waste incinerators in the emission guidelines.

The Environmental Protection Agency (EPA) Region 1 is issuing a Notice of Intent to Delete the Norwood PCBs Superfund Site (Site) located in Norwood, Massachusetts, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the Commonwealth of Massachusetts, through the Massachusetts Department of Environmental Protection (MassDEP), have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under CERCLA.

EPA is finalizing approval of California's Airborne Toxic Control Measure for Emissions of Perchloroethylene from Dry Cleaning and Water-Repelling Operations, Requirements for Perc Manufacturers, and Requirements for Perc Distributors to be implemented and enforced in place of the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. EPA is taking this action under section 112(l) of the Clean Air Act (CAA).