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

Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92-463, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held July 13 and 14 at Mount Vernon Place, 900 Massachusetts Ave., NW., Washington, DC 20001. The CHPAC advises the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.

The U.S. Environmental Protection Agency (EPA) will conduct a public webinar in order to inform interested parties about an opportunity to participate in a technical proof of concept demonstration for electronic reporting of Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) Discharge Monitoring Report (DMR) compliance monitoring data. This webinar will be held on Wednesday, July 13, 2011, from 10:30 a.m.-12 p.m. EDT. EPA announced on July 6, 2009, that it would develop a Clean Water Action Plan \1\ to enhance public transparency regarding clean water enforcement performance at Federal and state levels, to strengthen that performance, and to transform EPA's water quality and compliance information systems. A consensus suggestion across co-regulators and stakeholder groups was to implement electronic reporting from facilities that are required to submit reports to a regulatory agency. To fully realize the transformation of reporting and data management into the 21st century, OECA is developing a rule to require NPDES permittees to provide a variety of environmental information electronically. EPA is exploring different electronic reporting options to enable NPDES regulated facilities to electronically submit their compliance monitoring data. EPA will conduct a technical proof of concept to demonstrate the electronic reporting of NPDES compliance monitoring data from regulated facilities via an `open platform e-file' electronic reporting option. The `open platform e-file' proof of concept demonstration will focus the electronic transmission of NPDES DMRs from a third-party commercial software provider (``provider'') to EPA. If EPA were to fully implement this option, any provider that meets the Agency's data exchange standards, protocols, and specifications would be able to offer electronic reporting services to the regulated community for the NPDES program (e.g., NPDES permitted facilities). This open platform model would likely be similar to the Internal Revenue Service (IRS) model for electronic reporting, which uses third-party software providers for tax data collection and transmission (e.g., TurboTax, TaxACT, or others [no endorsement intended or implied]) from private citizens and businesses. The Agency does not intend to purchase services from any provider. All financial transactions would be between the providers and members of the regulated community. EPA will conduct a public webinar to provide an overview of the ``open platform e-file option'' and to identify person(s) interested in participating in a proof of concept demonstration of the technical feasibility of this ``open platform e- file option'' and to identify the specific system and process information necessary for this proof of concept demonstration.

EPA is taking final action to determine that the Atlanta, Georgia 1997 8-hour ozone nonattainment area has attained the 1997 8- hour ozone national ambient air quality standards (NAAQS) based on quality assured, quality controlled monitoring data from 2008-2010. The Atlanta, Georgia 1997 8-hour ozone nonattainment area (hereafter referred to as the ``Atlanta Area'' or ``the Area'') is comprised of Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton Counties in Georgia. This determination is based upon complete, quality assured, quality controlled, and certified ambient air monitoring data for the years 2008-2010 showing that the Atlanta Area has monitored attainment of the 1997 8-hour ozone NAAQS. The requirement for the State of Georgia to submit an attainment demonstration and associated reasonably available control measures (RACM) analyses, reasonable further progress (RFP) plans, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the 1997 8-hour ozone NAAQS for the Atlanta Area, shall be suspended for as long as the Area continues to meet the 1997 8-hour ozone NAAQS.

This action gives notice that EPA has initiated the reconsideration process in response to a request for reconsideration of provisions for the use of best available monitoring methods in Subpart I: Electronics Manufacturing of the Mandatory Greenhouse Gas Reporting Rule. Consequently, this action extends three of the deadlines in Subpart I related to using the best available monitoring methods provisions from June 30, 2011 to September 30, 2011.

The Environmental Protection Agency (EPA) is taking Direct Final action on a minor change to the Resource Conservation and Recovery Act (RCRA) hazardous waste manifest regulations that affects those entities that print the hazardous waste manifest form in accordance with EPA's Federal printing specifications. Specifically, this action amends the current printing specification regulation to indicate that red ink, as well as other distinct colors, or other methods to distinguish the copy distribution notations from the rest of the printed form and data entries are permissible. This change will afford authorized manifest form printers greater flexibility in complying with the Federal printing specifications.

On April 18, 2011, EPA released the external peer 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) for public comment. The public comment period ended June 17, 2011. EPA is releasing an addendum to the draft Toxicological Review of Methanol (Non-Cancer) and announcing a 14-day public comment period for the addendum. The purpose of this addendum is to provide the public with several recent studies that were published between the initial release of the methanol assessment in January 2010 and the recent re-release of the non-cancer portion of that assessment in April 2011. Due to the unusual step of placing the methanol assessment on hold (as described in the April 18, 2011 Federal Register Notice), and the length of time that elapsed since the initial release of the assessment, EPA decided to issue the addendum addressing additional studies. Description and analyses of these studies are included as an addendum to the draft Toxicological Review that is now available on EPA's Web site (see below for details). The draft Toxicological Review and the draft addendum were prepared by the National Center for Environmental Assessment (NCEA) within the EPA Office of Research and Development (ORD). EPA is releasing the draft addendum solely for the purpose of pre-dissemination peer review and public comment 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. EPA is also announcing that Eastern Research Group, Inc. (ERG), an EPA contractor for external scientific peer review, will convene an independent panel of experts and organize and conduct an external peer review workshop to review the draft Toxicological Review of Methanol (Non-Cancer), including the addendum. ERG invites the public to register to attend this workshop as observers. In addition, ERG invites the public to give brief oral comments and/or provide written comments at the workshop regarding the draft assessment under review. Space is limited, and reservations will be accepted on a first-come, first- served basis. In preparing a final report, EPA will consider the ERG report of the comments and recommendations from the external peer review workshop and any written public comments that EPA receives in accordance with the April 18, 2011, Notice and this Notice.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of adding the new 1-hour nitrogen dioxide (NO2) standard at a level of 100 parts per billion (ppb) and updating the list of Federal documents incorporated by reference. In the Final Rules section of this Federal Register, EPA is approving the Commonwealth'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 detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

EPA is approving portions of a State Implementation Plan (SIP) revision submitted by the State of Idaho on October 25, 2010, as meeting the requirements of Clean Air Act (CAA) section 110(a)(2)(D)(i)(II) as it applies to visibility for the 1997 8-hour ozone and 1997 particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). EPA is also approving portions of the revision as meeting certain requirements of the regional haze program, including the requirements for best available retrofit technology (BART).

This document announces the Agency's receipt of an initial filing of a pesticide petition requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

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 an irrevocable request by the registrants to voluntarily cancel their registrations of all products containing the pesticide dicofol. The request would terminate the last dicofol products registered for use in the United States. EPA intends to grant this request at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit further review of the request. If this request is granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled only if such sale, distribution, or use is consistent with the terms as described in the final order.

This notice announces applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and the Stratospheric Ozone Protection Program.

The EPA Science Advisory Board (SAB) Staff Office announces a public meeting of the CASAC Lead Review Panel to conduct a peer review of EPA's Integrated Science Assessment for Lead (First External Review Draft) and a consultation on EPA's Review of the National Ambient Air Quality Standards for Lead: Risk and Exposure Assessment Planning Document.

Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Chemical Substances Inventory (TSCA Inventory)) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish in the Federal Register a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish in the Federal Register periodic status reports on the new chemicals under review and the receipt of notices of commencement (NOC) to manufacture those chemicals. This document, which covers the period from February 1, 2011 to April 22, 2011, and provides the required notice and status report, consists of the PMNs and TMEs, both pending or expired, and the NOC to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

On June 12, 2008, EPA issued national emission standards for control of hazardous air pollutants (HAP) for the plating and polishing area source category under section 112 of the Clean Air Act (CAA). In today's action, EPA is proposing to amend the national emission standards for control of hazardous air pollutants (NESHAP) for the plating and polishing area source category published on June 12, 2008. The amendments to the area source standards for plating and polishing area sources would clarify that the emission control requirements of the plating and polishing area source NESHAP do not apply to any bench-scale activities. Also, the amendments include several technical corrections and clarifications that do not make significant changes in the rule's requirements. In the ``Rules and Regulations'' section of this Federal Register, we are amending the area source standards for plating and polishing area sources as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

The Environmental Protection Agency published a document in the Federal Register on April 1, 2011, concerning the Agency's decision to grant a project waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) for three vertical linear motion mixers to be installed in Salt Lake City's Water Reclamation Facility anaerobic digesters. The document contained the incorrect quantity of vertical linear motion mixers. The correct number is four.

On April 25, 2011, EPA published a draft NPDES general permit entitled ``Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities.'' As initially published in the Federal Register, written comments on the draft general permit were to be submitted to EPA on or before June 24, 2011 (a 60-day public comment period). Since publication, EPA has received several requests for additional time to submit comments. Therefore, the public comment period is being extended for 17 days and will now end on July 11, 2011.

The Office of Wastewater Management of the U.S. Environmental Protection Agency is holding a workshop to solicit the views of stakeholders concerning a number of issues. These include views on how the National Pollutant Discharge Elimination System (NPDES) regulations should apply to municipal sanitary sewer collection systems, sanitary sewer overflows (SSOs), and peak wet weather discharges at publicly owned treatment works (POTW) treatment plants. EPA will also seek views on the 2005 draft Peak Flows Policy. The workshop will include a facilitated discussion with representatives of organizations that represent POTWs, state NPDES permitting authorities, and non-for-profit environmental groups. EPA invites other interested members of the public to observe the workshop and to offer verbal comments at designated times during the workshop or to submit written comments to the Agency.

On March 22, 2004, the U.S. EPA issued final regulations allowing research, development and demonstration (RD&D) permits to be issued to certain municipal solid waste landfills by approved states. On March 3, 2011, Ohio submitted an application to the U.S. EPA Region 5 seeking Federal approval of its RD&D. Ohio's RD&D requirements allow the State to issue RD&D permits to owners and operators of MSWLF units in accordance with state law. Subject to public review and comment, this notice approves Ohio's RD&D permit requirements.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address lawsuits filed by WildEarth Guardians, National Parks Conservation Association, and the Environmental Defense Fund (collectively, ``Plaintiffs'') in the United States District Court for the District of Colorado: WildEarth Guardians, et al. v. Jackson, No. 1:11-cv-0001-CMA-MEH (D. CO) and consolidated case (No. 11-cv-00743-CMA-MEH). Plaintiffs filed complaints alleging that EPA failed to perform certain nondiscretionary duties under sections 110(k)(2) and 110(c) of the CAA, 42 U.S.C. 7410(k)(2). Specifically, Plaintiffs' complaints alleged that EPA: failed to act on two State Implementation Plan (``SIP'') submissions, one addressing Colorado regional haze and the other addressing North Dakota excess emissions during startup, shutdown, malfunction and maintenance; failed to act on a Wyoming SIP submission addressing Wyoming regional haze, and failed to promulgate regional haze Federal Implementation Plans (``FIPs'') for Montana, North Dakota, Colorado and Wyoming; and failed to promulgate a regional haze FIP for the State of Colorado or, alternatively, to finally approve a regional haze SIP for the State of Colorado. Under the terms of the proposed consent decree, deadlines are established for EPA to take action on the relevant SIPs and FIPs.

In accordance with current Agency practice to describe more clearly the measurement and scope or coverage of tolerances, EPA is proposing minor revisions to tolerance expressions for a number of pesticide active ingredients, including the insecticides amitraz, bifenthrin, chlorfenapyr, cyfluthrin, deltamethrin, esfenvalerate, fenpropathrin, and pyridaben; the fungicide metalaxyl; the herbicides bentazon, quizalofop ethyl, sodium acifluorfen, and tebuthiuron; and the plant growth regulator ethephon. Also, EPA proposes to remove several expired tolerances for quizalofop ethyl.

The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public face-to-face meeting of the SAB panel to review the interagency Great Lakes Restoration Initiative (GLRI) Action Plan (FY 2010-FY2014) that describes restoration priorities, goals, objectives, measurable ecological targets, and specific actions for the Great Lakes.

This notice announces EPA's order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of Unit II., pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a November 10, 2010 Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily cancel these product registrations. In the November 10, 2010 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive comments within the 180-day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. 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 cancellations. 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.

EPA has reviewed its pesticide regulations and is making changes in a number of areas. These changes will correct cross- references, remove expired tolerances, ``reserve'' paragraphs within sections that no longer have any tolerances listed due to the removal of expired tolerances, and remove sections that no longer have any tolerances due to the removal of expired tolerances. These changes have no substantive impact on any requirements. As such, notice and public comment procedures are unnecessary.

Under the Clean Air Act (``CAA'' or ``Act''), EPA is approving a State Implementation Plan (``SIP'') revision submitted by the State of California on November 16, 2007, for the purpose of addressing the interstate transport provisions of CAA section 110(a)(2)(D)(i)(I) for the 1997 8-hour ozone National Ambient Air Quality Standards (``NAAQS'' or ``standards'') and the 1997 fine particulate matter (``PM2.5'') NAAQS. Section 110(a)(2)(D)(i) of the CAA requires that each State have adequate provisions to prohibit air emissions from adversely affecting air quality in other States through interstate transport. Specifically, EPA is finalizing approval of California's SIP revision for the 1997 8-hour ozone and 1997 PM2.5 NAAQS as meeting the requirements of CAA section 110(a)(2)(D)(i)(I) to prohibit emissions that will contribute significantly to nonattainment of these standards in any other State and to prohibit emissions that will interfere with maintenance of these standards by any other State. EPA proposed to approve these SIP revisions on March 17, 2011 (76 FR 14616).