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

This regulation establishes or revises tolerances for residues of pyrasulfotole in or on grain sorghum, grass, and livestock commodities. Bayer CropScience LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This regulation establishes tolerances for residues of metiram in or on bananas and wine grapes. BASF Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

The EPA is taking direct final action to amend certain Clean Air Act regulations pertaining to Indian tribes. This action changes the title of the regulations titled, ``Tribal Clean Air Act Authority'' to the more accurate ``Indian Country: Air Quality Planning and Management.'' The action also reorganizes existing sections for better placement within the regulations.

On or about April 22, 2011, the EPA is making available for public review the documents titled, ``Ozone National Ambient Air Quality Standards: Scope and Methods Plan for Health Risk and Exposure Assessment,'' (REA Plan for the primary ozone NAAQS) and ``Ozone National Ambient Air Quality Standards: Scope and Methods Plan for Welfare Risk and Exposure Assessment'' (REA Plan for the secondary ozone NAAQS). These documents contain the plans for the risk and exposure analyses that EPA is preparing to conduct in support of the reviews of ozone NAAQS. EPA is also making available to the public the final document ``Integrated Review Plan for the Ozone National Ambient Air Quality Standards'' (IRP). This document contains the plans for the review of the air quality criteria and national ambient air quality standards (NAAQS) for ozone. The Ozone NAAQS provide for the protection of public health and the environment from ozone in ambient air.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public meeting on May 19 and 20, 2011, of the Clean Air Scientific Advisory Committee (CASAC) Ozone Review Panel to conduct a peer review on EPA's Integrated Science Assessment for Ozone and Related Photochemical Oxidants (March 2011 Draft), and a consultation on EPA's Ozone National Ambient Air Quality Standards: Scope and Methods Plan for Health Risk and Exposure Assessment (April 2011 Draft), and Ozone National Ambient Air Quality Standards: Scope and Methods Plan for Welfare Risk and Exposure Assessment (April 2011 Draft).

In accordance with current Agency practice to describe more clearly the measurement and scope or coverage of the tolerances, EPA is making minor revisions to tolerance expressions for a number of pesticide active ingredients, including the insecticides chlorethoxyfos, clofentezine, cyromazine, etofenprox, fenbutatin-oxide, fosthiazate, propetamphos, and tebufenozide; the fungicide aluminum tris (O-ethylphosphonate); the herbicides butylate, clethodim, clomazone, fenoxaprop-ethyl, flumetsulam, flumiclorac pentyl, fluridone, glufosinate ammonium, lactofen, propyzamide, quinclorac, and pyridate; and the fungicide/bactericide oxytetracycline. Also, EPA is revoking the tolerances for aluminum tris (O-ethylphosphonate) on pineapple fodder and forage because they are not considered to be significant livestock feed items, and revising specific tolerance nomenclatures for aluminum tris (O-ethylphosphonate), clethodim, flumetsulam, and fluridone. In addition, EPA is removing several expired tolerances for aluminum tris (O-ethylphosphonate), etofenprox, propyzamide, and tebufenozide.

EPA has authorized its contractor, Syracuse Research Corporation (SRC) of North Syracuse, New York, to access information which has been submitted to EPA under sections 4, 5, 6, and 8 of the Toxic Substances Control Act (TSCA). Some of the information may be claimed or determined to be Confidential Business Information (CBI).

EPA is announcing an extension of the public comment period on the interim rule titled, ``Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions; Interim Rule; Stay and Revisions.'' It published in the Federal Register on March 30, 2011. EPA is extending the comment period that originally closed on April 29, 2011, by an additional 32 days. The comment period will now close on May 31, 2011. EPA is extending the comment period because of a request we received, which is contained in the docket for this rulemaking.

EPA is approving a revision to the Illinois State Implementation Plan (SIP) for ozone. The State is revising its definition of volatile organic compound (VOC) to add two chemical compounds to the list of compounds that are exempt from being considered a VOC. This revision is based on EPA's 2009 determination that these two compounds do not significantly contribute to ozone formation.

EPA Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10 propose to modify the 2008 National Pollutant Discharge Elimination System (NPDES) general permits for stormwater discharges associated with construction activity in order to extend until January 31, 2012 the expiration date of the permit. Hereinafter, these NPDES general permits will be referred to as ``permit'' or ``2008 construction general permit'' or ``2008 CGP.'' This proposed modification would, if finalized, extend the three-year permit so that it expires on January 31, 2012 instead of June 30, 2011. Prior to this proposed extension, EPA modified the 2008 CGP in January 2010 to extend the permit by one year, thus making it a three-year permit. By Federal law, no NPDES permit may be issued for a period that exceeds five years.

EPA is notifying the public that it has received negative declarations for Other Solid Waste Incinerator (OSWI) units from the State of Florida; Large Municipal Waste Combustor (LMWC), Small Municipal Waste Combustor (SMWC), and OSWI units from Jefferson County, Kentucky; LMWC, SMWC, and OSWI units from Forsyth County, North Carolina; LMWC, SMWC, and OSWI units from Mecklenburg County, North Carolina; LMWC, SMWC, Hospital/Medical/Infectious Waste Incinerator (HMIWI), and OSWI units from Buncombe County, North Carolina; and LMWC and HMIWI units from the State of South Carolina. These negative declarations certify that LMWC, SMWC, HMIWI, and OSWI units, as indicated above, subject to the requirements of Sections 111(d) and 129 of the Clean Air Act (CAA), do not exist in areas covered by the following air pollution control programs: Florida Department of Environmental Protection; Louisville, Kentucky, Air Pollution Control District; Forsyth County Environmental Affairs Department; Mecklenburg County Land Use and Environmental Services Agency; Western North Carolina Regional Air Quality Agency; and South Carolina Department of Health and Environmental Control.

EPA is publishing this action to provide the public with notice of the update to the South Carolina State Implementation Plan (SIP) compilation. In particular, materials submitted by South Carolina that are incorporated by reference (IBR) into the South Carolina SIP are being updated to reflect EPA-approved revisions to South Carolina's SIP that have occurred since the last update. In this action, EPA is also notifying the public of the correction of certain typographical errors.

The Office of Air Quality Planning and Standards (OAQPS) of EPA is announcing the availability of a final document titled, Policy Assessment for the Review of the Particulate Matter National Ambient Air Quality Standards (PA). The PA contains staff analyses of the scientific bases for alternative policy options for consideration by the Agency prior to rulemaking.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Panel to discuss its draft report of the review of EPA's Draft Hydraulic Fracturing Study Plan.

The Environmental Protection Agency (EPA) has entered into a federal facilities compliance agreement with the Tennessee Valley Authority (TVA), Docket No. CAA-04-2010-1760 (Compliance Agreement) to resolve alleged violations of the Clean Air Act and its implementing regulations at the eleven facilities that TVA owns and operates in Alabama, Kentucky, and Tennessee. EPA is hereby providing public notice of this Compliance Agreement and providing an opportunity for interested persons to comment on the Compliance Agreement.

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the chartered SAB on May 17, 2011 to conduct a quality review of a draft SAB report entitled ``Review of EPA's draft Approaches for Deriving Numeric Nutrient Criteria for Florida's Estuaries, Coastal Waters, and Southern Inland Flowing Waters.''

The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference of the SAB Drinking Water Committee Augmented for the Review of the Effectiveness of Partial Lead Service Line Replacements (hereafter referred to as the ``DWC Lead Review Panel'') to discuss its draft advisory report entitled ``SAB Evaluation of the Effectiveness of Partial Lead Service Line Replacements.''

The Environmental Protection Agency (EPA) is taking final action to approve a source-specific State Implementation Plan (SIP) revision for the South Coast Air Quality Management District (District) portion of the California SIP. This source-specific SIP revision is known as the CPV Sentinel Energy Project AB 1318 Tracking System. The SIP revision consists of enabling language and the AB 1318 Tracking System to revise the District's SIP approved New Source Review (NSR) program. The SIP revision allows the District to transfer offsetting emission reductions for particulate matter less than 10 microns in diameter (PM10) and one of its precursors, sulfur oxides (SOX), to the CPV Sentinel Energy Project, which will be a natural gas fired power plant.

This regulation establishes tolerances for residues of the fungicide, fluopicolide [2,6-dichloro-N-[[3-chloro-5-(trifluoromethyl)- 2-pyridinyl]methyl]benzamide], including its metabolites and degradates. Compliance with the tolerance levels specified is to be determined by measuring only fluopicolide in or on the commodity. The fluopicolide metabolite, 2,6-dichlorobenzamide (BAM), is regulated with its own set of tolerances. This regulation establishes tolerances for residues of fluopicolide and its metabolites in or on multiple commodities which are identified and discussed later in this document. Valent U.S.A. Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

This proposed rule would establish requirements under section 316(b) of the Clean Water Act (CWA) for all existing power generating facilities and existing manufacturing and industrial facilities that withdraw more than 2 million gallons per day (MGD) of water from waters of the U.S. and use at least twenty-five (25) percent of the water they withdraw exclusively for cooling purposes. The proposed national requirements, which would be implemented through National Pollutant Discharge Elimination System (NPDES) permits, would establish national requirements applicable to the location, design, construction, and capacity of cooling water intake structures at these facilities by setting requirements that reflect the best technology available (BTA) for minimizing adverse environmental impact. The proposed rule constitutes EPA's response to the remand of the Phase II existing facility rule and the remand of the existing facilities portion of the Phase III rule. In addition, EPA is also responding to the decision in Riverkeeper I and proposing to remove from the Phase I new facility rule the restoration-based compliance alternative and the associated monitoring and demonstration requirements. EPA expects this proposed regulation would minimize adverse environmental impacts, including substantially reducing the harmful effects of impingement and entrainment. As a result, the Agency anticipates this proposed rule would help protect ecosystems affected by cooling water intake structures and preserve aquatic organisms and the ecosystems they inhabit in waters used by cooling water intake structures at existing facilities.

The Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG), Pesticide Operations and Management (POM) Working Committee will hold a 2-day meeting, beginning on May 16, 2011 and ending May 17, 2011. This notice announces the location and times for the meeting and sets forth the tentative agenda topics.

EPA is announcing a 60-day public comment period and listening session for the external review draft human health assessment titled, ``Toxicological Review of Methanol (Non-Cancer): In Support of Summary Information on the Integrated Risk Information System (IRIS)'' (EPA/ 635/R-11/001). The draft assessment was prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA is releasing this draft assessment solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This draft assessment has not been formally disseminated by EPA. It does not represent and should not be construed to represent any Agency policy or determination. In January 2010, EPA released an external peer review draft IRIS Toxicological Review for methanol (EPA/635/R-09/013), containing both cancer and non-cancer analyses, and requested that the Science Advisory Board conduct a review of this human health assessment. Following a report from the National Toxicology Program, EPA placed the external peer review of the draft IRIS Methanol Toxicological Review on hold. The National Toxicology Program report recommended that pathology reviews be carried out to resolve differences of opinion in the diagnoses of certain tumors reported in a Ramazzini Institute methanol research study, which was cited and used to support some of the conclusions in the draft IRIS assessment. As a result, EPA and the National Institute of Environmental Health Sciences plan to jointly sponsor an independent Pathology Working Group (PWG) review of select studies conducted at the Institute. EPA is today releasing the draft IRIS Methanol Toxicological Review (Non-Cancer) for public comment while continuing to hold the cancer assessment that was previously released in January 2010. The data and studies used in the draft IRIS Methanol Toxicological Review (Non-Cancer) are unrelated to the tumor diagnoses being re-examined by the PWG. The information, analyses and conclusions of the draft assessment announced in this notice are identical to the non-cancer portions of the draft assessment previously released in January 2010. Comments relevant to the non-cancer methanol assessment that were received during the previous public comment period for the joint cancer and non-cancer assessment will be considered along with new comments. An EPA listening session will be held on May 26, during the public comment period for this draft assessment. The purpose of the listening session is to allow all interested parties to present scientific and technical comments on the draft IRIS health assessment to EPA and other interested parties attending the listening session. EPA welcomes the comments that will be provided to the Agency by the listening session participants. The comments will be considered by the Agency as it revises the draft assessment after the external peer review. EPA will compile a list of meeting participants, including the name, principal affiliation, and sponsor of each person attending or calling in to the meeting. The list of listening session participants as well as presentations and written materials given to NCEA will be made a part of the public record. After public review and comment, an EPA contractor will hold a meeting of expert panelists for independent external peer review of this draft assessment. The public comment period and external peer review meeting are separate processes that provide opportunities for all interested parties to comment on the assessment. The external peer review meeting, to be scheduled at a later date, will be open to the public and announced in the Federal Register. Public comments submitted during the public comment period will be provided to the external peer reviewers before the panel meeting and considered by EPA in the disposition of public comments. Public comments received after the public comment period closes will not be submitted to the external peer reviewers and will only be considered by EPA if time permits.

The U.S. Environmental Protection Agency (EPA or the Agency) is amending the Spill Prevention, Control, and Countermeasure (SPCC) rule to exempt all milk and milk product containers and associated piping and appurtenances from the SPCC requirements. The Agency is also removing the compliance date requirements for the exempted containers.